How to File a Truck Accident Claim
Most truck accidents are caused by negligence on the part a truck driver or trucking company. davie truck accident lawyer of injuries often need to file a lawsuit to receive full compensation for their accident-related expenses.
Medical bills are a common cost for truck accident victims. Insurance companies can demand an independent medical examination to determine the severity of your injuries and the impact they have on your daily activities.
Medical Care
If you're involved in a car accident you must seek medical care to ensure your health and safety. Getting medical attention as soon as you can will also make it easier for you to document your injuries in order to use them as evidence in your claim. This will also allow you to create more convincing evidence that your injuries were caused because of the accident.
Medical expenses are a foundational component of any personal injury claim. They provide evidence of the severity of your injury and how it has affected your life. Without solid documentation of your injuries, you could be unable to recover full compensation for all your losses.
In some cases medical treatment may be too extensive to prevent you from working or going back to normal activities. When this happens you could be able to recover compensation for the loss in income. In addition, you could be eligible for reimbursement for the cost of any assistive device you require to be able to live your life as normal as you can.
In any accident, there are a variety of parties who could be held accountable for the consequences of a truck crash. They include:
Truck drivers: They can be either company employees or those who have a contract to drive for a specific employer or independently owned operators. They operate their vehicles for them or the shipper with whom they have an agreement. When truck drivers are negligent, reckless, or otherwise engaged in unsafe conduct on the road, they could be held accountable for the cause of accidents.
Other drivers In the event that the negligence of another driver led to an accident, the driver may be held responsible. It is common for other drivers to share the blame in truck accidents, specifically when the other driver was driving in a reckless manner or was distracted.
The liable parties may try to minimize your claim, by avoiding the blame and recording your statement against you, or even tricking you into admitting that they are at fault. It is essential to employ an experienced truck accident attorney. Your lawyer will fight to defend your rights and make sure the responsible party is paid the amount you are due.
Lost Wages
Truck accidents are not the typical. These kinds of accidents are more severe and more likely to result in long-term injuries and permanent disabilities. These crashes also involve heavy loads, which can put occupants at greater risk. There are many different types of truck drivers. Owner-operators who own their trucks and contract with shippers to pay a fee to transport goods, or company drivers who operate vehicles owned by their employer. Both can be liable in a collision that involves a commercial vehicle, depending on the circumstances of the crash.
Someone who suffers an injury in a truck accident that stops them from working may be entitled to compensation for the loss of wages. The amount they could have made during the time they were unable to work because of their injuries is used to determine the amount of compensation. This includes not just regular salaries, but benefits like paid time off and overtime.
A judge will usually review the doctor's report prior to awarding damages to the person who was injured for lost wages. The letter should explain the plan of treatment as well as why they were unable get to work. A letter from the person's employer is also required to confirms their hourly or salary wage, as well as the number of days they were unable be at work due to their injury.
Once the evidence is gathered and your lawyer has gathered the evidence, they will draft an itemized list of demands which outlines the amount you have suffered as a result of the truck accident. The demand package is sent as a clear message to the insurer of the other driver, stating the facts of the situation and the extent of your injuries. There could be back and forth communication throughout the negotiation process and if an agreement is not reached, your attorney will start a lawsuit on your behalf.
In the majority of cases, a person can get compensation for lost wages by claiming the at-fault driver's liability bodily injury insurance. If it is not available, a person who was injured by an uninsured or underinsured driver can file a claim through their own insurance company up to their personal injury protection (PIP) coverage limit.
Pain and Suffering
In addition to financial loss truck accidents often result in substantial physical pain and emotional distress. These non-economic damages are usually harder to put a dollar figure on, however they do warrant monetary compensation. A skilled New York truck accident lawyer will review your case and determine the value of your non-economic damages.
An excellent example of an economic loss is inability to pursue hobbies or engage in favorite pastimes due to injuries. You may also miss out on vacations, or other activities that enrich your life and you're entitled to compensation for this loss. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life.
It is imperative to seek prompt medical attention for any injury after a collision with an enormous truck. Not only will this ensure your health and wellbeing, but it will also serve as a crucial document for any future personal injury claim. Even if the injury appears small, it's important to get a thorough analysis. In time, a medical professional can determine how serious your injury really is and will give you the right treatment.
Next, your attorney will then review all evidence and draft a demand letter outlining your compensation requirements. Your lawyer will then send the demand letter to the at-fault parties and their insurance providers. If they are unwilling to accept your demands, your lawyer will be prepared to take them to the court. This demonstrates to them that you are not going to compromise and they should be treated with respect if they wish for you to get fair compensation.
Be prepared for the insurance company of the party responsible to contact you regarding the collision and any injuries that you sustained. They are often "wolves dressed as sheep," and will attempt to get information from you that they can manipulate out of context, and use against you in court to limit your settlement. By having your lawyer handle all communications with insurance providers and others, you'll be able to be sure to avoid making statements that could be used against you.
Damages
The most important part of a truck accident claim involves the damages. These may be economic, such as medical bills and lost wages, or non-economic like pain and suffering. All damage is caused by negligence. In order to claim compensation for these losses, an victim of injury must prove that the liable party failed to take reasonable care in operating or maintaining their vehicle, or negligently acted on the road.
Due to the enormous weight and size of these vehicles, the victims can sustain severe injuries even in minor of accidents. Even if you feel that your injuries aren't too serious it is crucial to seek medical attention as soon as possible. This will not only ensure your health, but also give you the necessary documentation in the event of a possible injury claim. This will help the insurance company be aware of the full impact of your injuries and may prevent them from arguing that you are not as seriously injured as you claim.
In the same way, it is essential to keep records of all costs related to your accident. You should keep all travel expenses you incur to get to doctor's appointments or other treatments. Also, any property damage that is caused by the accident. This includes your vehicle that may be damaged in a serious crash and personal belongings such as watches and other jewelry.
It is typical for the liable party's insurance company to try to reach you shortly after your crash to offer a settlement. However, you should steer clear of engaging with them or signing a settlement agreement without consulting a knowledgeable truck accident attorney. They will usually try to convince you to accept lower offers that do not cover your expenses resulting from the accident. A knowledgeable lawyer will be able to look over your documents and provide you with a precise estimate of the value of your case.
Your lawyer will also determine if additional damages, like punitive damages, are offered. These are damages that are intended to punish the culprit and discourage others from engaging in similar behavior.