Truck Accident Compensation
You could be called by the insurance firm of the driver, or by the company when you are the victim of a crash involving a truck. It is advisable not to talk with them without your attorney present.
To receive compensation you must prove that the truck driver or company acted in breach of their duty of care and the breach led to your accident. You may claim damages for:
Medical expenses
The injuries sustained in a car crash usually require extensive medical treatment. This can result in expensive hospital bills as well as prescription costs. Many victims struggle to pay these expenses and are in debt long after the incident occurs. Accident victims injured in crashes can recover a range of damages, including medical expenses.
Medical expenses are all out-of cost expenses incurred by an injury. These expenses may 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 be included in out of pocket expenses. It is crucial to record the medical expenses of all patients and keep receipts. An experienced attorney can help you determine what expenses are admissible for compensation, and can help you make a claim for these losses.
In general, the driver of the truck at fault or their insurance should pay for your medical expenses. However, they will only do so if your case is settled or a jury decides to award you compensation following a trial. This can take many years and you will be responsible to pay your medical bills out of your pocket.
Insurance companies are in the business of saving money and will employ every technique to cut their payouts. They may appear friendly and helpful, but anything you say to them will be used against you later. Always consult with a knowledgeable lawyer before speaking to any representatives of insurance companies.
Your lawyer can assist you navigate the claims process and fight for your rightful settlement. In certain cases, you may need to hire a medical expert to show your injuries and to determine the impact they have had on your life.
Suffering and pain
Being struck by a semi-truck can result in severe injuries. These injuries could be life-changing and cause suffering and pain for a long time.
Accidents involving trucks can be more emotionally traumatic because they are so devastating. They also can have more consequences for the victim and their family, including lost income. If you have suffered serious injuries as a result of an accident with a truck, you can seek damages to cover your physical pain and suffering.
The amount you're entitled to receive for this part of your claim may differ. This is due to the fact that it can be difficult to accurately assess your pain and suffering. There are guidelines that a judge or jury may use to determine the value of your injury. These include medical records, evidence of mental health treatment, diaries, or other documentation of your daily activities and statements from your family or friends about how the injury has affected their lives.
asheville truck accident law firm as a broken spine or damage to the spinal cord can cause life-altering pain and loss of mobility. These injuries are often life-threatening and require ongoing treatment and surgical repair. They can also cause physical and psychological symptoms, like depression, anxiety or fear, anger, shock and insomnia, as well as post-traumatic disorder (PTSD).
If the at-fault party's negligence caused the accident, they have to be held accountable for the damages you've incurred. This is the case even if they weren't driving at the time of the collision for instance, if they were intoxicated or they violated traffic or trucking laws. They can also be liable for damages for punitive damage.
Loss of wages
If your injuries stop you from working for an extended duration, you may be entitled to recover the lost wages. The amount of compensation is in accordance with the amount of money you would have received had you not been absent from work due to your injuries from accidents. It doesn't matter whether you employed sick days or vacation time. You will have to provide evidence to the adjuster of your income and loss. This proof is obtained by obtaining a signed document from your physician that outlines your medical condition and the time you'll miss from work, and previous pay stubs.
It's important to note that you may also be able to claim damages for loss of enjoyment and quality of life. This kind of compensation is for the injuries that keep you from participating in your most loved pastimes and activities, such as travel or performing hobbies. You can also claim back lost income in the future if your injuries have stopped you from resuming the same kind of job in the near future.
Although non-economic damages aren't as tangible than lost wages and other financial losses, they can be substantial. Some examples include pain and suffering, scarring or disfigurement, and loss of enjoyment life. These types of damages can be significant for those who suffered serious injuries as a result of a truck crash, especially when the injuries are to internal organs. In extreme situations there may be punitive damages available. These damages are meant to punish the party responsible and discourage them from repeating the same reckless act. These types of damages are not common however, they can be given when a truck driver has been particularly negligent or reckless.
Punitive damages
You may be entitled to compensation for the loss of wages if injuries prevent you working in the same capacity. Many victims of truck accidents are worried about this, because they may not be able to pay their daily expenses without the income they earned from their job. Medical bills can increase quickly. You require a skilled lawyer for truck accidents to ensure that you get the maximum amount of money that you are entitled to for your losses.
You may be entitled to punitive damages, in addition to compensatory damages. This isn't a straightforward claim to make. The law regarding punitive damages can be quite strict. A plaintiff must establish that the trucking company or driver engaged in fraud, malice or willful misconduct to receive this type of award.
In general, juries award punitive damage in an effort to punish wrongdoers. They also wish to send a clear signal that such behavior will not be tolerated. If a jury determines that the driver of a truck was driving their rig under the influence of drugs or speeding, and the jury decides to award hefty punitive damages, they hope that it will discourage others from engaging in this unacceptable conduct in the future.
You have to prove that the conduct was not a single incident, but a pattern of conduct or reckless indifference. In this regard, many truck accident attorneys are not at ease bringing a punitive damages claim solely on boilerplate allegations of reckless behavior. In a recent case, for example the court rejected the punitive damages claim brought against Garkusha, who was driving a truck owned by Quality Logistics at the time of his collision with the Plaintiff, based on the fact that the Plaintiff did not provide any evidence that Garkusha's behavior right before and during the incident showed a pattern or reckless indifference to the consequences.
Damages to Property Damage
Due to their size and weight, semi-trucks, commercial trucks, and other large vehicles can cause more severe injuries when they collide with smaller vehicles. Therefore, the victims of semi-truck crashes may suffer more severe injuries and incur greater medical costs than those who suffer injuries in other vehicle accidents.
To maximize the value of your claim, it is essential to keep a detailed record of all incident-related expenses and losses. For instance, if you have been injured in a crash involving a truck and require multiple surgeries, outpatient procedures or physical therapy, as well as prescription medications, record each expense. Record your lost wages, and also the potential for future earnings even if you've been off work because of your injuries.
It is also essential to document any property damage. Note the current value of your car and any other personal belongings that were damaged or destroyed due to the accident. This includes furniture, electronics, clothing and other valuable items. It is also important to keep track of any costs that you incur for renting a car or going to appointments with a doctor.
Insurance companies contact victims of accidents shortly after an accident and offer settlements prior to when the victim can speak to an attorney. These offers may be tempting, however, they don't pay victims for all of their cost of the accident. An experienced attorney can assist you in avoiding a low settlement and ensuring that the responsible party is compensated for the entire amount of your case.
Your attorney will gather and review all documentation before giving them to the insurance company of the responsible party as part of your claim. They will also negotiate with the insurance company to ensure that you receive damages that reflect the real value of your losses.