Truck Accident Compensation
You could be contact by the insurance company of the driver, or by the company if you're the victim of a collision with a truck. It is best to not speak with those individuals unless you have an attorney present.
You must prove that truck drivers or companies breached their duty to care, and that this negligence caused your accident. You may claim damages for:
Medical expenses
The injuries sustained in a car accident often require extensive medical treatment. This can result in costly hospital bills as well as prescription costs. Many victims struggle to cover these costs and end up in debt long after the crash occurs. Fortunately, injured crash victims are able to claim many damages, including medical expenses.
Medical expenses are any out-of-pocket expenses resulting from an injury. They could include Xrays, MRIs, and CT scans, as well as visits to the doctor and physical therapy sessions. The cost of wheel chairs and crutches could be included in out-of-pocket expenses. It is important to keep in mind all medical expenses. An experienced attorney can identify which expenses are admissible for compensation, and can help you file a claim for these expenses.
In general, the driver of the truck at the fault or their insurance company should be responsible for medical expenses. They will not be able to pay your medical expenses until you've settled your case or the jury has awarded you compensation following the trial. This could take a long time, and, in the meantime you'll need to pay for your medical expenses out of your own pocket.
Insurance companies are in the business of saving money, and will employ every trick they can to cut their payouts. They may appear friendly and helpful, but whatever you say to them could be used against you later. Always consult a lawyer with experience before speaking with anyone from insurance companies.
A lawyer can help you navigate the claims process and fight for your right to complete compensation. In some cases it is necessary to consult a medical expert or other expert to establish the severity of your injuries and how they have affected your life.
Pain and suffering
Getting hit by a semi-truck can cause severe injuries. These injuries can be life-changing, and cause suffering and pain for a long time.
Truck accidents can be more emotionally devastating because they are so devastating. The victim's family are also more likely to suffer the consequences like loss of income. If you've suffered severe injuries as a result of a collision with a truck, you can seek damages for your physical and emotional pain and suffering.
The amount of money that you may be entitled to as a result of this portion of your claim can vary. This is due to the fact that it can be difficult to accurately assess your pain and suffering. However, there are guidelines that can help a judge or jury determine what your injury is worth. These include medical records, evidence of mental health treatment, diaries or other records of your daily routine and declarations from family and acquaintances about how the accident has affected them.
An injury such as a spinal cord injury or a broken back can cause extreme mobility loss and pain. These kinds of injuries are typically life-threatening and require surgical repair and ongoing treatment. They can also trigger physical and psychological symptoms, such as depression, anxiety or fear as well as shock, anger and insomnia, as well as post-traumatic disorder (PTSD).
If the negligent party led to the accident, they should be held accountable for the harm you have incurred. This applies even if the driver was not at fault at the time of the accident for instance, if they were intoxicated or they violated traffic or trucking laws. They could also be held accountable for damages for punitive damage.
Lost wages
If your injuries stop you from working for a prolonged time, you could be able to claim back lost wages. The amount of compensation is according to the amount of money you would have received had you not been unable to work due to injuries resulting from an accident. It doesn't matter if took sick days or vacation time. You will have to provide proof to the insurance adjuster of your income and loss. This proof can be obtained through a written statement from your doctor, which outlines your medical condition and how much work you'll have to miss, as well as previous pay stubs, W-2s and tax returns.
You may also be able to claim damages if you experience a loss of enjoyment or quality of life. This type of compensation is for injuries that hinder you from engaging in your preferred pastimes or activities, such as traveling or engaging in hobbies. You can also get compensation for future income loss in the event that your injuries prevent you from returning to the same type of job in the future.
Non-economic damages can be as severe as financial losses and lost wages. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These types of damages could be significant for victims who suffered serious injuries as a result of a crash involving a truck particularly if the injuries are to internal organs. In extreme cases the possibility of punitive damages is available. These are designed to punish the person who is at fault and stop them from committing similar reckless conduct in the future. These are not typical damages but they are given when a truck driver has been deemed to be reckless or negligent.
Punitive damages
If your injuries hinder you from working in the same capacity, then you may be eligible to receive compensation for lost wages. This is a major concern for many truck accident victims, as they may not be able to cover their expenses on a daily basis without the income they were receiving from their work. Your medical bills can also increase quickly. You require a skilled truck accident lawyer to ensure you receive the most amount of compensation that you are entitled to for your losses.
If the negligence of the truck driver or the trucking company resulted in the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages described above. This is not a simple claim to make. The law on punitive damages can be quite strict. A plaintiff must establish that the trucking company or driver was guilty of fraud, malice or willful misconduct in order to obtain this type of monetary award.
In general juries award punitive damages in an effort to punish those who have committed wrong and to send a message that this kind of behavior is not acceptable. If pleasanton truck wreck lawyer determines that the driver of a truck was operating their vehicle under the under the influence of drugs or speeding, and the jury decides to award hefty punitive damages, they hope this will discourage others from engaging in such outrageous conduct in the future.
You must prove that the negligence was not a one-off incident, but a pattern of conduct and/or reckless indifference. For this reason, many truck accident lawyers are not at ease bringing a punitive damages claim based solely on boilerplate claims of reckless conduct. In a recent instance, for instance, the court dismissed the punitive damages claim against Garkusha who was driving a truck owned by Quality Logistics at the time of his collision with Plaintiff, because the Plaintiff did not offer any evidence that Garkusha's conduct right before and during the accident displayed the pattern of reckless disregard to the consequences.
Damages for property damage
Semi-trucks, trucks and other large vehicles due to their weight and size, can cause more severe damage when they crash with smaller vehicles. As a result, victims of semi-truck crashes may suffer more severe injuries and have higher medical costs than those who suffer injuries in other vehicle accidents.
To maximize the value of your claim it is essential to keep careful records of all accident-related expenses and losses. For instance, if you were injured in a crash involving a truck and require multiple surgeries, outpatient procedures including physical therapy and prescription drugs, note every expense. Also should you note if your injuries caused you to miss work, note the loss of wages and future earning potential.
It is also crucial to record all property damage. Keep track of the value of your car and any other personal items damaged or destroyed by the accident. This includes furniture, electronics clothing, and other valuable items. Additionally, if you have had to lease a vehicle or travel to doctor appointments keep track of the cost and document any other costs that are associated with these travels.
Insurance companies contact accident victims immediately following a crash and offer settlements prior to when the victim has the opportunity to speak with an attorney. Although these offers might seem attractive, they often don't compensate victims for all their costs related to the accident. A knowledgeable attorney can help you in avoiding a small settlement and ensuring that the liable party pays for the full amount of your case.
Your lawyer will collect and review all documents prior to submitting them to the insurance company of the responsible party as part of your claim. They will also work directly with the insurance company to get damages that are reasonable and reflect the real value.
