How to File a Truck Accident Claim
The majority of truck accidents occur due to inattention on the part of a trucker or a trucking company. Injured victims often have to file a lawsuit in order to get full compensation for any injuries and expenses resulting from accidents.
Medical bills are a common expense for those who have suffered from a truck accident. Insurance companies can demand an independent medical examination to determine the extent of your injuries and the impact they have on your daily life.
Medical Care
You need to seek immediate medical attention after the accident to ensure your health and safety. In getting medical attention as soon as you can will also make it easier for you to document your injuries so that you can use them as evidence in your claim. This will also allow you to create a stronger claim that your injuries occurred due to the accident.
Medical expenses are an important part of any claim for personal injury. They show the severity of your injury and how it has affected your life. Without proper documentation of your injuries, you could be unable to recover the full amount of your losses.
In certain situations medical care may be enough to stop you from working or returning to your normal routine. If this occurs, you might be able to claim compensation for your lost income. You may also be eligible to receive reimbursement for the cost of any assistive device you require to lead an ordinary life.
As in any accident, there are many parties that could be held accountable for an accident involving a truck. They include:
Truck drivers: They may be either company employees or contract employees who are required to drive for a certain employer, or independent owner-operators. They operate their vehicles for themselves or the shipper with whom they have agreements. If truck drivers are negligent or reckless, or engaged in unsafe conduct on the road, they may be held accountable for causing a crash.
Other drivers: If another driver's negligence led to a crash, that person might be held liable. It is common for other drivers to share responsibility when it comes to truck accidents, especially when the other driver was driving recklessly or distracted.
The parties responsible may try to minimize your claim by deflecting the blame and recording your statement against you, or even tricking your into admitting fault. This is why you should to consult with a seasoned truck accident lawyer. Your lawyer will defend your rights and ensure the responsible party pays the amount you are due.
Lost Wages
Truck accidents are not the norm. These accidents are more severe and are more likely to cause permanent disability and long-term injury. They also carry heavier loads that can put the occupants at risk. There are a variety of truck drivers. Owner-operators who own their vehicles and contract with shippers for a cost to transport goods, or company drivers, who drive vehicles owned by their employer. Both parties can be held responsible for collisions that involve a commercial vehicle depending on the circumstances.
A person who has been injured in a crash involving a truck and is unable work, may be entitled to compensation for lost wages. The amount they could have made during the time they were unable to work due to injuries is used to determine the compensation. This includes regular pay as well as benefits such paid time off or overtime.
Before awarding damages for lost wages, a judge normally reviews a letter from the injured party's physician that details their treatment plan and explains why they were unable to go to work. A letter from the person's employer is also required to is proof of their hourly or monthly wage, as well as the number of days they were unable to go to work due to their injury.
Once all evidence is collected after which your lawyer will prepare a demand form that details the amount you've lost as a result of the accident. This is then sent to insurance company of the other driver with a clear message that states the facts of the case and how you were hurt and the amount you're requesting. There could be back-and-forth communications during this negotiation process, and if a deal is not reached, your attorney will start a lawsuit on your behalf.
In most cases, a person who is claiming damages can claim back wages lost due to the bodily injury liability insurance of the driver at fault. If this is not possible the injured person may submit a claim to their own insurance company for their automobile. The claim will be up to the limits of their personal injury protection policy (PIP).
Pain and Suffering
Accidents involving trucks can cause emotional and physical pain in addition to financial loss. These non-economic damages are difficult to quantify, but they merit compensation in the form of monetary. A skilled New York truck accident lawyer can review your case and determine the potential value of your non-economic injuries.
A good example of an economic loss is inability to engage in hobbies or in favorite pastimes due to injuries. You could also miss going on vacations and other activities that make life enjoyable, and you deserve compensation for this loss. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life.
If you're injured as a result of a collision with a large truck, it is important to seek medical attention as soon as possible. This will not only aid you maintain your health but will also be an invaluable document for any future personal injuries claims. Even if your injury appears small, it's important to undergo a thorough assessment. Over time medical professionals will be able to determine the severity of your injury and provide you with the right treatment.
The next step is to have your attorney review all the evidence and create a demand letter which sets out your compensation requirements. Your lawyer will then forward the demand letter to the parties at fault and their insurance providers. Your lawyer will be ready for a trial if they do not meet your demands. This indicates that you're not bending down, and that they should be treated with respect if they wish to give you a fair settlement.
Be prepared for the insurance company of the party at fault to contact you regarding the collision and any injuries you suffered. They're usually "wolves in sheepskins" and will try to obtain them details that they can manipulate and use against your settlement in court. By letting your lawyer handle all communications with insurance providers and others, you can stay clear of making statements that could be used against you.
Damages
The most important thing to consider is the damages component of any truck crash claim. Damages can be financial (medical bills, lost wages) or non-economic (pain and suffering). All damages are caused by negligence. To receive compensation the victim must prove that the responsible party failed to exercise reasonable care while operating their vehicle or acted recklessly while driving.
Due to the massive size and weight of these vehicles, victims can sustain severe injuries in even the most minor of accidents. Even if your injuries aren't severe It is imperative to seek medical attention immediately. This will not only protect your health, but it will also provide crucial documentation for any injury claim you might have. This will allow your insurance company to comprehend the full extent of your injuries, and may prevent them arguing that you'ren't as injured as you claim.
Similarly, it is vital to keep track of all expenses incurred in connection with your accident. You should keep the track of any travel costs you incur to make it to appointments with your doctor and other treatments. Also any property damage that is caused by the accident. This includes your car that could be destroyed in a serious crash and personal belongings such as watches and other jewelry.
Insurance companies are often contacted to offer a settlement soon after an accident. But, you should stay clear of speaking with them or accepting a settlement without consulting a seasoned truck accident attorney. These people often try to lure you into accepting lower offers that do not provide enough coverage for the costs associated with your accident. A lawyer who is knowledgeable will be able to examine your documents and give you an accurate estimate of the case.
baton rouge truck accident attorney will also be able to determine if additional damages, like punitive damages are available. These are damages that are intended to penalize the offender and deter others from engaging similar behavior.