How to File a Truck Accident Claim
The majority of truck accidents are caused due to negligence on the part a trucker or trucking firm. Victims of injuries often need to file a lawsuit to receive full compensation for their injuries and expenses resulting from accidents.
Medical bills are a cost that truck accident victims often have to pay. Insurance companies may request an independent medical exam to determine the severity of your injuries and their impact on your daily routine.
Medical Care
When you are in a crash involving a truck and require medical attention to ensure your health and safety. In getting medical attention as soon as you can will also aid you to record the injuries you sustained in order to use them as evidence in your claim. This will also help you to create an argument that your injuries are the result of by the accident.
Medical expenses are an essential part of any claim for personal injury. They are a way to show the extent of your injury and how it has affected your life. Without proper documentation of your injuries, you may not be able to claim full compensation for all of your losses.
In some cases the medical treatment could be so long that you're unable to work or return to your usual activities. In this case you may be able to claim compensation for the loss of income. In addition, you could be entitled to reimbursement for the expense of any assistive equipment you need in order to remain as normal as you can.
As with kent truck wreck lawyer , several parties could be held responsible for the cause of a truck crash. The parties that could be held accountable include:
Truck drivers: They may be employees of a company or those who have a contract to drive for an employer or independent owner-operators. They operate their trucks on behalf of their own company or the shipper for whom they have an agreement. Truck drivers who are reckless, negligent or otherwise engaged in unsafe driving can be held responsible for creating an accident.
Other drivers: If a driver's negligence led to an accident, the driver could be held accountable. It is normal for other drivers to be liable in truck accidents, especially when the other party was driving recklessly or distracted.
The parties at fault may attempt to minimize your claim by avoiding the blame by recording your statements against you, or deceiving your into admitting fault. This is the reason you need to consult with a seasoned truck accident lawyer. Your lawyer will fight for your rights and ensure the responsible party pays you what you are due.
Lost Wages
Truck accidents aren't the norm. These accidents are more severe and are more likely to result in permanent disability and injury. These crashes also involve heavier loads, which can put occupants at greater risk. There are many different types of truck drivers. Owner-operators, who own their own trucks and contract with shippers in exchange for a fee to transport goods, or company drivers who drive vehicles that are owned by their employer. Both are liable for a crash that involves a commercial vehicle, depending on the circumstances of the accident.
A person who suffers an injury as a result of a truck accident that keeps them from working might be entitled to compensation for lost wages. They are based on the amount of money they could have earned during the time they were unable to work because of their injuries. This includes regular wages along with benefits such as paid time off or overtime.
Before awarding damages for lost wages, a judge typically will review a letter from an injured party's physician that provides a treatment plan and explains why they were unable to work. A letter from their employer verifying their hourly wage, salary and the number of days that they were unable to work because of their injury is also required.
Once the evidence has been gathered Your lawyer will then prepare a demand form that detail the amount you've suffered as a result of the truck accident. The demand package is sent as an explicit message to the insurance company of the other driver detailing the details of the situation and the extent of your injuries. There may be back-and-forth communication during the negotiation process, and if an agreement is not reached, your lawyer will initiate a lawsuit on behalf.
In the majority of situations, a claimant is able to recuperate lost wages under the bodily injury liability insurance of the driver who was at fault. If this isn't possible the injured person may make a claim through their own insurance company for their automobile. The claim will be in the amount of their personal injury protection coverage (PIP).
Suffering and Pain
Accidents involving trucks can cause physical pain and emotional distress along with financial loss. These non-economic damages are difficult to quantify, but they still merit compensation in the form of monetary. A skilled New York truck accident lawyer can evaluate your case and determine the worth of your non-economic damages.
A great example of non-economic losses is the inability to pursue hobbies or engage in favorite pastimes due to injuries. You might miss out on vacations or other events which make your life more enjoyable. You are entitled to compensation for these losses. Other examples of non-economic losses include loss of consortium and enjoyment of life.
It is imperative to seek prompt medical attention for any injury after a collision with an enormous truck. This will not only assist you to maintain your health but also serve as an important document to file any future personal injuries claims. It is also essential to undergo an extensive medical examination even if the injuries seem minor at the time. Over time medical professionals can assess the extent of your injury and offer you the proper treatment.
The next step is to have your attorney go through all the evidence, and then compile a demand letter which sets the compensation you require. Your lawyer will then send the demand letter to the at-fault parties and their insurance providers. If they are unwilling to accept your demands the lawyer will be prepared to go to court. This demonstrates to them that you are not going to back down and they should be treated with respect if they want you to receive a fair amount of compensation.
Lastly, be prepared for the party at fault's insurance company to reach out to you concerning the collision and the injuries. They are often "wolves in sheepskins" and will attempt to convince you to provide them information that they can twist and use against your settlement in court. By letting your lawyer handle all communications with insurance companies and others, you can be sure to avoid making statements that could be used against you.
Damages
The most significant aspect of the truck accident claim is the damages. Damages can be financial (medical bills, lost wages) or non-economic (pain and suffering). In both instances however, there's one thing that all damages have in common that they result of negligence by another party. To be awarded compensation the victim must prove that the responsible party did not use reasonable care when operating or maintaining their vehicle or was reckless while driving.
Even minor accidents can result devastating injuries due to size and weight. Even if your injuries aren't severe it is crucial to seek medical attention as soon as possible. This will not only safeguard your health, but also provide vital evidence for any potential injury claim. This will help the insurance company know the full extent of your injuries. It may also hinder them from arguing you aren't as injured as you claim to be.
It is also important to keep track of all costs that result from your accident. You must keep track of any travel expenses you incur in order to make it to appointments with your doctor and other treatments. Also the property damage that is caused by the accident. This includes your vehicle which could be totaled in a serious crash and also personal items such as watches and other jewelry.
It is not uncommon for the insurance company to try to contact you within a few hours of your crash to offer an offer of settlement. However, you should steer clear of talking to them or signing a settlement agreement without first consulting an experienced truck accident lawyer. They are often trying to convince you to accept lower settlements that don't cover incident-related expenses. A knowledgeable lawyer can look over your documents and provide you with an accurate estimate of the worth of your case.
Your lawyer can also determine if additional damages, such as punitive damages, are offered. These are damages designed to punish the perpetrator, and discourage others from engaging in similar behavior.