How to File a Truck Accident Claim
The majority of accidents on trucks are caused by negligence on the part the truck driver or a trucking company. Injured victims often have to file a lawsuit to get full compensation for any injuries and expenses resulting from accidents.
Medical bills are a common cost for victims of truck accidents. Insurance companies may request an independent medical examination to determine the severity of your injuries and their impact on your daily routine.
Medical Care
You should seek medical attention immediately following a truck accident to ensure your health and safety. In addition, getting medical attention as quickly as possible will make it easier to document your injuries to use in your claim. It will also assist you to create an argument that is stronger and proves your injuries were caused by the crash.
Medical expenses are an essential aspect of any personal injury claim. They are a way to show the extent of your injury and how it has affected your life. Without a solid record of your injuries, you may not be able claim full compensation for all your losses.
In certain instances medical care may be so extensive that it prevents you from working or returning to your normal routine. In this case you may be able to recover compensation for your lost income. Additionally, you may be entitled to reimbursement for the cost of any assistive device you need in order to be able to live your life as normal as you can.
In the event of an accident the parties involved could be held accountable for the crash of a truck. These parties include:
Truck drivers: They may be either company employees, who have a contract to drive for a certain employer or independently owned operators. They operate their trucks for their own company or the shipper for whom they have a contract. If truck drivers are careless or reckless, or engaging in dangerous actions on the road, they could be held accountable for the cause of the crash.
Other drivers: If a driver's negligence caused a crash, that person may be held responsible. It is not uncommon for other drivers to share responsibility in truck accidents, specifically when the other party was driving in a reckless manner or was distracted.
The liable parties may try to minimize your claim by denying responsibility, recording your statement against you, or even tricking you into admitting to fault. This is why you need to consult with a seasoned truck accident lawyer. Your attorney will fight for your rights and ensure the responsible party is paid the amount you are due.
Lost Wages
While fender-benders and parking lot scrapes are normal for passenger cars However, the same cannot be said about truck accidents. These accidents are more severe and more likely cause permanent disability and long-term injury. These crashes also involve heavier loads, which can expose occupants to greater risk. There are a variety of truck drivers, which include owner-operators who own their own trucks and contract with shippers to transport goods for a fee, or company drivers who operate vehicles of their employers. Both are liable in the event of a collision involving commercial vehicles, based on the circumstances of the crash.
Anyone who suffers an injury from a truck accident that keeps them from working could be entitled to compensation for lost wages. These are calculated based on the amount of earnings they could have made while they were unable work because of their injuries. This includes regular wages along with benefits such as paid time off or overtime.
In order to award damages for lost wages, a judge typically reviews a letter from the doctor who treated the injured party that describes their treatment plan and explains why they were unable to go to work. A letter from the individual's employer is also required. It 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 the evidence is gathered, your attorney will prepare a package of demands that details the amount you've lost as a result of the accident. This is sent with an unambiguous message to the other driver’s insurance company, stating the facts of the situation and how you were injured. Negotiations can involve back-and-forth communications. If a deal cannot be reached then your lawyer will file a suit on your behalf.
In most situations, a claimant is able to recuperate lost wages under the bodily injury liability insurance of the driver who was at the fault. If this coverage is not available, a person who was injured by an uninsured or underinsured driver can file a claim through their own car insurance company up to their personal injury protection (PIP) coverage limit.
Pain and Suffering
In addition to financial loss truck accidents often cause significant emotional and physical discomfort. These non-economic losses are often difficult to quantify a dollar amount on, yet they do require monetary compensation. A New York truck accident attorney can review your case to determine the value of your non-economic damages.
Injury can force you to not be able to participate in your most loved hobbies or activities. You may miss out on vacations 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 both examples of damages that are not economic.
It is crucial to seek immediate medical attention for any injury caused by a collision with the size of a truck. This will not only help you to maintain your health but will also be an invaluable document in any future personal injury claims. Even if the injury seems minor, it's important to undergo a thorough assessment. In time, a medical professional can determine how serious your injury really is and provide you with the proper treatment.
The next step is to have your attorney go through all the evidence and create an order letter that sets out your compensation requirements. The lawyer will send the letter to the responsible parties and their insurance companies. If they are unwilling to accept your demands then your lawyer will be ready for court. This indicates that you are not going to back down and that they must respect you when they are attempting to offer you a fair settlement.
Also, be prepared for the at-fault party's insurance provider to contact you regarding the collision and the injuries you sustained. They're usually "wolves in sheepskins" and will attempt to obtain the information they will make up and use against your settlement in court. By letting your lawyer handle all communications with insurance providers and others, you'll be sure to avoid making statements that could be used against you.
Damages
Damages are the primary component of any truck crash claim. The damages can be either economic (medical bills loss of wages) or non-economic (pain and suffering). In both cases however, there is one thing that all damages have in common: they are the result of the negligence of a third party. To be awarded compensation, the victim must prove that the person responsible did not use reasonable care when operating or maintaining their car or acted recklessly while driving.
Due to the immense weight and size of these vehicles, victims may suffer severe injuries in even the most minor of accidents. new jersey truck accident law firm is vital to seek immediate medical attention even if your injuries appear to be minor. This will not only ensure your health and well-being but also provide critical documentation for your potential injury claim. This will allow your insurance company to know the full extent of your injuries, and may prevent them arguing that you'ren't as injured as you claim to be.
Similarly, it is vital to keep track of all expenses associated with your accident. This includes travel costs you incur to get to doctor's appointments or other treatments in addition to any property damage that occurs as a result of the crash. This includes your car which could be ruined and other personal items such as jewelry and watches.
Insurance companies may contact you to offer a settlement shortly after the crash. However, you should steer clear of making contact with them or agreeing to a settlement without first consulting an experienced truck accident attorney. These representatives often try to entice you into accepting bargains that do not adequately cover your accident-related expenses. A knowledgeable lawyer will examine your records and provide you with an accurate estimation of the value of your case.
In addition your lawyer will be able to determine whether any additional damages are available, such as punitive damages. These are damages designed to punish the perpetrator and deter others from engaging in similar conduct.