How to File a Truck Accident Claim
The majority of truck accidents happen by inattention on the part of a trucker or trucking firm. The victims of injuries are typically required to make a claim to receive full compensation for accident-related expenses.
Medical expenses are a expense that truck accident victims often need to pay. The insurance company of the liable party may require an independent medical examination to get a clear picture of your injuries and how they affect your daily routine.
Medical Care
It is essential to seek immediate medical attention following an accident with a truck to ensure your safety and health. In getting medical attention as soon as possible will aid you to record your injuries in order to use them as evidence in your claim. It will also help create a stronger case that proves your injuries were caused by the accident.
Medical expenses are an essential component of any personal injury claim. They reveal the extent of your injuries and how they have affected your life. You may not be able be compensated fully if you do not have evidence of your injuries.
In some cases medical attention may be so extensive that it prevents you from working or returning to your normal activities. In this instance, you may be entitled to compensation for the loss of 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.
As in any accident, there are several parties that could be held liable for the outcome of a truck accident. They include:
Truck drivers: They could be employees of a company or those who have a contract to drive for a certain employer or independently owned operators. They operate their vehicles for themselves or the shipper with whom they have agreements. Truck drivers who are reckless, negligent or engage in unsafe driving could be held accountable for the resultant accident.
Other drivers In the event that the negligence of another driver led to a crash that person could be held liable. It is common 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 might try to minimize your claim by trying to minimize the blame, recording your statements against you, or tricking you into admitting that they are at fault. This is the reason you need to work with a knowledgeable truck accident lawyer. Your attorney will fight to protect your rights and ensure the liable party pays you what you are due.
Lost Wages
While fender-benders and parking area scrapes are commonplace for passenger cars but the same cannot be said of truck accidents. These kinds of accidents are more severe and are more likely to result in long-term injuries and permanent disabilities. They also carry larger loads, which can put the occupants in greater danger. There are a variety of truck drivers. Owner-operators who own their trucks and contract with shippers for a fee to transport goods, or company drivers, who drive vehicles that are owned by their employer. Both parties can be held accountable in any crash involving a commercial vehicle depending on the circumstances.
rhode island truck wreck lawyer who has been injured in a collision with a truck and is unable to work could receive compensation for lost wages. They are in relation to the amount the money they could have earned in the time they were unable to work as a result of their injuries. This includes not only regular salaries, but benefits like paid time off and overtime.
Before awarding damages for lost wages, a judge usually will review a letter from an injured party's doctor that provides a treatment plan and explains the reason they were unable to go to work. A letter from their employer which confirms their salary, hourly pay and the number of days they were unable to work because of the injury is also required.
After all the evidence is obtained after which your lawyer will draft the demand document that details the amount you've lost as a result of the truck accident. The package will be sent out with a clear message to the insurance company of the other driver providing the facts of the situation and the extent of your injuries. Negotiations may include back-and forth communications. If an agreement is not able to be reached the lawyer will file a suit on your behalf.
In the majority of cases, a claimant can claim back wages lost due to the bodily injury liability insurance of the driver who was at the fault. If this isn't available or not available, the person who was injured by an uninsured or underinsured motorist can claim compensation through their car insurance company, up to their personal injury protection (PIP) coverage limit.
Suffering and Pain
Accidents involving trucks can cause physical pain and emotional distress in addition to financial losses. These non-economic damages are hard to quantify, but they still merit compensation in the form of monetary. A skilled New York truck accident lawyer can examine your case and determine the potential value of your non-economic losses.
A great example of a non-economic loss is the inability to engage in hobbies or in your favorite pastimes because of injuries. You might miss out on holidays or other activities that make your life enjoyable. You are entitled to compensation for these losses. Loss of consortium and loss of enjoyment of life are two other examples of damages that are not economic.
It's important to seek immediate medical attention for any injury after a collision with an enormous truck. This will not only aid you to maintain your health but will also be a valuable document for any future personal injury claims. It's also important to obtain an extensive medical examination even if your injuries seem minor at the moment. In time, a medical professional can determine how serious your injury really is and provide you with the proper treatment.
Then, your attorney will review all of the evidence and then draft an official demand letter describing your needs for compensation. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. If they don't agree to your demands your lawyer will be prepared to bring them to court. This will show them that you are not going to compromise and they should treat you with respect if they wish for you to be compensated fairly.
Finally, be prepared for the party at fault's insurance company to reach out to you regarding the accident and the injuries you sustained. They're often "wolves disguised as sheep" and they will try to obtain information from you that they can make up 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 make sure that you don't make any statements that could be used against you.
Damages
The most important aspect of a truck accident claim involves damages. Damages can be financial (medical bills, lost wages) or non-economic (pain and suffering). In both instances however, there is one thing that all damages have in common and that is that they result of the negligence of another party. Therefore, to receive compensation for these losses, the injured victim must be able to prove that the liable party did not exercise reasonable care when operating or maintaining their vehicle, or was reckless on the roads.
Even minor accidents can result devastating injuries due to the weight and size. It is imperative to seek medical attention immediately, even if your injuries appear to be minimal. This will not only protect your health, but will also provide important documentation for any injury claim you might have. This will allow your insurance company to determine the extent of your injuries and might help them argue that you'ren't as injured as you claim.
It is also essential to keep track of all expenses that you incur as a result of your accident. You should keep an eye on any travel expenses you incur in order to make it to appointments with your doctor and other treatments. Also any property damage caused by the accident. This includes your car, which could be totaled and other personal belongings like watches and jewelry.
It is common for the liable party's insurance company to try to reach you after the crash to offer an offer of settlement. However, you should be wary of speaking with them or accepting a settlement without consulting a seasoned truck accident lawyer. They often try to entice you to accept low offers that do not enough cover the costs associated with your accident. A lawyer who is experienced can review your records to provide a fair estimate of your case.
Your lawyer will also determine if 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.