Truck Accident Compensation
You could be contacted by the insurance company of the driver or the company if you are the victim of a truck accident. It is not recommended to contact these people without your attorney present.
You must prove that a truck driver or company violated their duty of care, and that this breach led to your accident. You may claim damages for:
Medical expenses
Injuries sustained in a truck accident usually require extensive medical care. This can result in high hospital bills as well as prescription drug costs. Many victims struggle to cover these costs and end up in debt for a long time after the accident occurs. Fortunately, injured victims of crashes are able to recuperate many damages, including medical expenses.
Medical expenses cover all out of pocket costs incurred due to an injury. These expenses can include X-rays, MRIs and CT scans, as also doctor's visits as well as physical therapy sessions. Out-of-pocket expenses can also include the cost of things like wheelchairs and crutches. It is essential to keep the track of all medical expenses. hammond truck accident attorney can identify what expenses are eligible for compensation and help you file a claim for these expenses.
In general, the driver of the truck at fault or their insurance should be responsible for medical expenses. However, they'll only pay when your case settles or a jury decides to award you compensation following a trial. This could take a long time and you will be responsible to pay your medical bills out of pocket.
Insurance companies are in business to save money and will employ any trick that they can find to lower their payouts. Their representatives can appear friendly and helpful, however any statements you make to them may be used against you in the future. Always consult an experienced lawyer before speaking to any representatives of insurance companies.
A lawyer can help you navigate the claims process and fight for your right to complete compensation. In certain cases it might be necessary to hire a medical professional or other professional to demonstrate the severity of your injuries and how they have impacted your life.
Pain and suffering
Being struck by a semi-truck could cause serious injuries. These injuries can be life-changing and can cause discomfort and suffering for a long time.
Truck accidents are often more emotionally traumatic because they are so devastating. The victim and family are also more likely to suffer the consequences, such as lost income. If you've suffered severe injuries due to a truck accident, then you can claim damages to be compensated for the physical pain and suffering you endured.
The amount of money that you may be entitled to for this portion of your claim can vary. This is due to the fact that it's not always possible to accurately measure the severity of 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, proof of mental health treatment, diaries or other records of your daily activities and statements from family members or friends about how your injury has affected them.
Injuries such as a spine cord injury or a fractured back can cause severe discomfort and loss of mobility. These injuries can be life-threatening, and require continual treatment and surgical repair. They can also trigger physical and psychological symptoms, such as depression, anxiety or fear or anger, shock, insomnia or post-traumatic disorder (PTSD).
If the fault of the responsible party caused the accident, they must be held accountable for the damages you have incurred. This is true even if the party at fault was not driving at the time that the accident occurred. For instance in the event that the driver was intoxicated or violated traffic or trucking laws. They could also be held accountable for damages for punitive damage.
Loss of wages
If your injuries keep you from working for a prolonged duration, you may be able to claim back lost wages. This compensation is calculated according to the amount you would have received if you had not been absent from work due to your accident-related injuries. It doesn't really matter if you took sick leave or vacation. However, you will need to prove your earnings and losses to the insurance adjuster. This can be done by obtaining a signed document from your doctor which outlines your medical condition and the length of time you'll be absent from work, and any previous pay statements.
It is important to remember that you are also able to claim damages for loss of enjoyment and quality of life. This is a type of compensation for injuries that stop you from participating in your favourite pastimes and activities, like traveling or engaging in hobbies. You can even recover lost future income if your injuries have stopped you from returning to the same job in the future.
Non-economic damage can be as serious as the financial loss and loss of wages. Examples include discomfort and pain scarring or disfigurement, as well as loss of enjoyment in daily life. These types of damages could be significant for those who have suffered severe injuries from a car crash particularly when the injuries are to internal organs. In extreme instances you could be able to claim punitive damages. These are designed to punish the person at fault and discourage them from engaging in similar reckless actions in the future. These damages are rare, but they can be awarded in the event that the truck driver was notably reckless or negligent.
Punitive damages
You may be entitled to compensation for your loss of wages if injuries prevent you working in the same capacity. This is a major issue for many victims of truck accidents because they might not be able cover their expenses on a daily basis without the income they earned from their jobs. Your medical expenses can increase quickly. It is essential to hire a seasoned lawyer for truck accidents to ensure that you get the most compensation that you are entitled to for your losses.
If the negligence of the truck driver or trucking company resulted in your injuries, you could be entitled to punitive damages in addition to the compensatory damages outlined above. This isn't an easy claim to make. The law on punitive damages is extremely strict. A plaintiff must prove the trucking company's or driver's fraud, malice or willful misconduct in order to obtain the amount of money awarded.
In general juries award punitive damages in an attempt to punish wrongdoers and send a message that this type of conduct is not acceptable. If a jury decides that a truck driver was driving their rig under the influence of drugs or speeding and the jury awards substantial punitive damages, they hope that this will deter others from engaging in similar outrageous conduct in the future.
You must prove that the act was not an isolated incident, but rather a pattern of conduct or reckless indifference. Many truck accident lawyers are hesitant to bring a punitive damages claim based solely on the usual allegations of reckless behavior. In a recent case, for instance, the court ruled against a punitive damages claim brought by Garkusha who was driving a Quality Logistics truck at the time of the collision with Plaintiff. The Plaintiff had failed to present any evidence that Garkusha's actions prior to and during the incident showed an attitude of indifference towards the consequences.
Damages to Property Damage
Semi-trucks, trucks, and other large vehicles due to their weight and size, can cause more serious injury when they collide with smaller vehicles. Consequently, victims may suffer more extensive injuries and more medical expenses than those who suffer from other car accidents.
To maximize the value of your claim it is crucial to keep careful records of all incident-related expenses and losses. Keep track of each expense, for example, when your injuries were caused by a collision with a truck, and you require multiple surgeries or outpatient treatments such as physical therapy or prescription medications. Note your lost wages as well as any future earnings potential, even if you've been off work because of injuries.
Documenting any property damage is important. If your car is damaged beyond repair or requires major repairs, document the current value of the vehicle with any other personal items that were damaged or destroyed in the accident. This includes electronic devices, clothing furniture, furniture, as well as other valuables. Also, if you've had to rent a vehicle or travel to a doctor's appointment, record the expense and record any other expenses associated with these trips.
Insurance companies call accident victims shortly after an accident and offer settlements before the victim has the opportunity to speak with an attorney. Although these offers can be tempting, they generally don't compensate victims for all their accident-related expenses. A knowledgeable attorney can assist you in avoiding a low settlement and ensuring that the party responsible pays for the full value of your case.
Your attorney will collect and review all documentation needed before providing it to the responsible parties' insurance company as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that are proportionate to the value of your losses.