Truck Accident Compensation
You may be approached by the insurance company of the driver, or by the company in the event that you have been the victim of a collision with a truck. It is not recommended to talk with them without your attorney present.
To obtain compensation to claim compensation, you must show that the truck driver or company failed to meet a duty of care and this breach caused your accident. The kinds of damages that you can seek include:
Medical expenses
Injuries sustained in a truck crash often require extensive medical treatment. This can result in expensive hospital charges and prescription drug prices. Many victims are unable to pay for these expenses and are left in debt even after the accident. Accident victims who are injured can claim various damages, including medical expenses.
Medical expenses encompass all out-of pocket costs incurred due to an injury. These expenses could include X-rays MRIs and CT scans, as also doctor's visits as well as physical therapy sessions. The cost of wheel chairs and crutches could also be included in out-of-pocket costs. It is essential to keep track of every medical expense and save receipts. An experienced attorney can help you determine which expenses qualify for compensation.
In general, the truck driver at the fault or their insurer should be able to cover medical expenses. They won't pay for your medical expenses until you have settled your case or a jury has awarded you compensation following the trial. This could take a long time and you'll be accountable for paying your medical bills out of your pocket.
Insurance companies exist to cut costs and will employ any trick to their advantage to cut their payouts. Their representatives can appear friendly and helpful, however any comments you make to them can be used against you later. Always consult a lawyer with experience before speaking with any representatives from insurance companies.
Your lawyer can help you through the claims process and assist you fight for your full settlement. In certain situations you may be required to engage a medical professional to show your injuries and to determine the impact they have had on your life.
Pain and suffering
A semi-truck collision can cause serious injuries. These injuries can be life-altering and can cause lasting pain and suffering.
Because truck accidents can be devastating, they can be more emotional than accidents that involve smaller vehicles. They also have greater consequences for the victim as well as their family, including lost income. If you've suffered serious injuries as a result of a truck crash, you can seek damages for your physical and emotional suffering and pain.
The amount you may be entitled to as a result of this portion of your claim can vary. This is because it's not always possible to accurately measure the degree of your suffering and pain. However, there are some guidelines that can help a judge or jury determine what your injury is worth. This could include medical documents of your injuries, evidence of an appointment with a mental health professional, diaries or other forms of documentation about your day-today activities, and statements from relatives or friends on how your injuries have affected them.
Injuries such as a broken spine or spinal cord damage can result in life-threatening pain and loss of mobility. These injuries are typically life-threatening, and require ongoing treatment and surgical repair. They can also trigger physical and psychological symptoms, including anxiety, depression or fear, anger, shock insomnia, or post-traumatic disorder (PTSD).
If the negligence of the party at fault caused the accident, they should be held accountable for the harm you have incurred. This is true even if they were not driving at the time of the accident for instance, if they were drunk or if they violated traffic or trucking laws. They may also be liable for punitive damages.
Lost wages
You could be entitled to compensation for the loss of wages if your injuries prevent you from working for a prolonged period of time. The amount of compensation you receive is based on the amount you would have received had you not been absent from work due to your injuries from accidents. It doesn't matter if you employed sick days or vacation time. You'll need to present evidence to the adjuster of your income and loss. This can be done through obtaining a written statement from your doctor that details your medical condition and the length of days you'll be off at work, and previous pay statements.
You may also seek damages in the event of a loss of enjoyment or quality of life. This is a type of compensation for the injuries that keep you from participating in your favorite pastimes and activities, such as travel or performing hobbies. You may also be able to recover lost income if the injuries permanently hindered you from returning to the same job in the future.
While non-economic damage is less tangible than lost wages and other financial losses, they can still be significant. Examples include pain and discomfort scarring or disfigurement, as well as loss of enjoyment in daily life. These types of damages could be significant for those who suffered serious injuries from a truck crash, especially when the injuries are to internal organs. In extreme cases it is possible to seek punitive damages. These damages are meant to punish the person who was at fault and deter them from repeating the same reckless behavior. These damages are not common but may be given when a truck driver was particularly reckless or negligent.
Punitive damages
If your injuries keep you from working in the same capacity, you might be eligible to receive compensation for your lost wages. This is a major issue for many truck accident victims because they might not be able cover their expenses on a daily basis without the income they earned from their jobs. Additionally, medical bills can add up quickly. To ensure you get the most money for your losses, you'll need an experienced lawyer for truck accidents.
You may be entitled to punitive damages in addition to compensatory damages. This is not a simple claim to make. The law governing punitive damages is extremely strict. A plaintiff must prove the trucking company or driver engaged in fraud, malice or willful misconduct in order to obtain this kind of award.
In general juries decide to award punitive damages in an effort to punish those who have committed wrong and to send a message that such conduct is not acceptable. If a juror determines that a truck driver was driving their rig under the influence of drugs or speeding and the jury decides to award hefty punitive damages, they hope that this will deter others from engaging in this shocking conduct in the near future.
It is essential to keep in mind that you must show the negligence was not just an isolated incident, but rather an ongoing pattern of conduct or reckless indifference. This is why a lot of truck accident lawyers aren't comfortable bringing a punitive damage claim solely based on boilerplate accusations of reckless behavior. In a recent case for instance, the court struck down the punitive damages claim made by Garkusha who was driving a Quality Logistics truck at the time of the accident with Plaintiff. The Plaintiff had not provided any evidence that Garkusha's actions prior to and during the incident showed a pattern of reckless indifference to the consequences.
Damages to Property Damage
Due to their massive size and weight semi-trucks, commercial trucks, and other large vehicles could cause more serious damage when they crash into smaller vehicles. In turn, the victims might suffer more extensive injuries and higher medical expenses than other victims of collisions with vehicles.
Keep meticulous notes of all expenses and losses that are a result of your accident. This will help maximize the value of any claim. For example, if you were injured in a car accident and require multiple surgeries, outpatient procedures, physical therapy, and prescription drugs, note each expense. Note your lost wages and also any future earnings possibilities when you've missed work because of your injuries.
The documentation of all property damage is equally important. If your car is total loss or requires major repairs, record the current value of the vehicle along with any other personal items that were damaged or destroyed during the accident. louisiana truck accident law firm includes electronic devices, clothing, furniture, and other valuable items. In addition, if you've had to rent a vehicle or travel to doctor appointments keep track of the cost and note any other expenses that are associated with these travels.
Insurance companies typically contact victims of accidents right after a crash to offer settlements prior to the victim has a chance to speak with an attorney. While these settlements may appear tempting, they generally don't compensate victims for all the expenses incurred by accidents. A knowledgeable attorney can help you in avoiding a small settlement and ensure that the responsible party pays for the entire value of your case.
Your attorney will gather and review all documents before making them available to the insurance company of the liable party as part of your claim. They will also directly negotiate with the insurance company to get damages that are fair and reflect your true value.