How to File a Truck Accident Claim
The majority of truck accidents are caused by carelessness on the part the truck driver or a trucking company. The victims of injuries are typically required to file a lawsuit in order to receive full compensation for any accident-related expenses.
Medical bills are a typical expense for truck accident survivors. The insurance company for the responsible party might require an independent medical exam to be able to see the extent of your injuries and how they impact your daily routine.
Medical Care
You need to seek medical attention right away following a truck accident to ensure your safety and health. Receiving medical attention as quickly as you can will also help you to document your injuries to use them as evidence in your claim. It will also assist you to build a stronger case to prove that your injuries resulted from the accident.
Medical expenses are an essential part of any claim for personal injury. They provide evidence of the severity of your injuries and how they affected your life. You might not be able to receive full compensation if you do not have proof of your injuries.
In some cases, medical care might be so extensive that it stops you from working or returning to your regular activities. In this scenario, you may be entitled to compensation for the loss of income. Additionally, you might be eligible for reimbursement for the cost of any assistive device you need in order to make your life as normal as is possible.
As with any accident it is possible that several parties could be accountable for the cause of a truck crash. These include:
Truck drivers: Truck drivers can be employees of a company bound by a contract to work for a specific employer or independent owner-operators that operate their trucks on behalf of themselves or a shipper they contract with. Truck drivers who are negligent, reckless or engaged in unsafe driving may be accountable for the resultant accident.
Other drivers If the carelessness of another driver contributed to an accident, that driver could be held responsible. Other drivers are typically held responsible for truck accidents, especially when the driver in question was driving recklessly or distracted.
The responsible parties may try to minimize your claim through shifting blame, recording your statements against you, or bribing you into admitting responsibility. It is essential to employ an experienced attorney for truck accidents. Your lawyer will fight for your rights and make sure that the liable party pays what you are owed.
Lost Wages
While fender-benders, parking lot scrapes are a common occurrence for passenger cars but the same cannot be said about truck crashes. These crashes are more serious and are more likely to cause long-term injuries and permanent disabilities. st paul truck accident lawsuit involve heavier loads that can put the occupants at risk. There are a variety of truck drivers. These include owner-operators who own their own vehicles and contract with shippers to transport goods for a fee or corporate drivers who operate the vehicles that are owned by their employers. Both can be liable in the event of a collision involving a commercial vehicle, depending on the circumstances of the accident.
Anyone who suffers an injury as a result of a truck accident that keeps them from working could be entitled to compensation for their lost wages. The amount they could have earned during the time that they were unable to work because of their injuries will be used to determine the amount of amount of compensation. This includes regular pay along with benefits such as paid time off or overtime.
In order to award damages for lost wages, a judge generally examines a letter from the injured party's doctor, which outlines their treatment plan and explains why they were unable to go to work. A letter from their employer verifying their hourly wage, salary and the number of days that they were unable to work due to their injury is also required.
Once the evidence is gathered, your attorney will prepare a demand form that details the amount you've suffered due to the truck accident. This is then sent to the other driver's insurance company with clearly stating the facts of the case, how you were injured and the amount you're asking for. There could be back-and-forth communications during this negotiation process, and if a deal is not reached, your attorney will file a lawsuit on your behalf.
In the majority of situations, a claimant is able to get back lost wages through the bodily injury liability insurance of the driver who was at fault. If this coverage is not available or not available, the person who was injured by an uninsured or underinsured motorist can make a claim through their car insurance company up to their personal injury protection (PIP) coverage limit.
Pain and Suffering
Accidents with trucks can cause emotional and physical pain as well as financial loss. These non-economic losses are often harder to estimate a dollar value on, yet they do warrant monetary compensation. A New York truck accident attorney will review your case to determine the value of your non-economic damages.
One good example of a non-economic loss is the inability to pursue hobbies or participate in the activities you love due to injuries. You may be unable to take holidays or other activities that make your life more enjoyable. You are entitled to compensation for these losses. Loss of consortium and loss of enjoyment of life are also examples of non-economic damages.
It's important to seek immediate medical attention for any injuries following a crash with an enormous truck. Not only will this help you stay healthy, but it will also be an important document for any future personal injury lawsuit. It's also important to get an exhaustive medical examination even if your injuries seem to be minor at the time. As time passes medical professionals can assess the extent of your injury and offer you the appropriate treatment.
Your attorney will go through all the evidence and create an official demand letter describing your demands for compensation. Your lawyer will send the letter to the party responsible and their insurance companies. Your lawyer will be prepared to take them to trial if they do not accept your demands. This demonstrates to them that you're not willing to compromise and they must treat you with respect if they wish for you to receive a fair amount of compensation.
Be prepared for the insurance company of the responsible party to contact you about the accident and any injuries that you sustained. They're often "wolves disguised as sheep" and they'll try to get information from you that they may make up out of context and use against you in court in order to reduce your settlement. By the lawyer handling all communications with insurance providers and others, you'll be able to avoid making any statements that could be used against you.
Damages
Damages are the most significant aspect of any truck accident claim. These can be financial, such as medical bills and lost wages, or non-economic like pain and suffering. All injuries are the result of negligence. To be eligible for compensation the victim must prove that the responsible party failed to use reasonable care when operating their vehicle or behaved recklessly driving.
Even minor accidents could cause devastating injuries due the weight and size. It is vital to seek immediate medical attention even if the injuries appear to be minimal. This will not only ensure your health, but also provide vital evidence for any potential injury claim. This will allow your insurance company to understand the full extent of your injuries and could help them prove that you're not as injured as you claim to be.
It is also crucial to keep track of any expenses incurred in connection with your accident. This includes travel costs you incur to get to doctor's appointments or other treatments, as well as any property damage incurred during the collision. This includes your car, which could be totaled, as well as other personal possessions such as watches and jewelry.
It is not uncommon for the insurance company to try to contact you shortly after your crash to offer an agreement. But, you should stay clear of talking to them or signing a settlement agreement without consulting a knowledgeable truck accident attorney. These people will often try to convince you to accept low offers that don't pay for your incident-related expenses. A lawyer with expertise will be able to examine your records and provide an accurate estimate of your case.
Your lawyer will also determine if any additional damages, like punitive damages are available. These are damages that are intended to punish the wrongdoer and deter others from engaging in similar conduct.