How to File a Truck Accident Claim
The majority of truck accidents happen by negligence on the part of a trucker or a trucking company. In most cases, victims of injury are required to make a claim to receive full compensation for any accident-related expenses.
Medical bills are a typical cost for truck accident victims. The insurance company for the responsible party might require an independent medical exam in order to be able to see the extent of your injuries and how they impact your daily routine.
Medical Care
You need to seek medical attention immediately following an accident involving a truck to ensure your health and safety. Getting medical attention as soon as you can will also allow you to document your injuries to use them as evidence in your claim. This will also allow you build more convincing evidence that your injuries were caused due to the accident.
Medical expenses are an essential aspect of any claim for personal injury. They are a way to show the extent of your injury and how it has affected your life. You may not be eligible to get full compensation if you do not have evidence of your injuries.
In some cases, medical care might be so extensive that it stops you from working or returning to normal activities. In this scenario you could be eligible for compensation for loss of income. You could also be eligible for reimbursement of the cost of any assistive device you require to live in a normal way.
Like any other accident, there are many parties that can be held responsible for an accident involving a truck. The parties that could be held accountable include:
Truck drivers: Truck drivers may be employees of a company under contract to work for an employer or an independent owner-operators who operate their vehicles on behalf of the shipper they contract with. When truck drivers are negligent or reckless, or engaged in unsafe actions on the road, they can be held responsible for causing an accident.
Other drivers: If another driver's negligence led to an accident, the driver may be held responsible. Other drivers are usually accountable for truck accidents, specifically when the driver in question was driving recklessly or distracted.
The responsible parties might try to minimize your claim, by shifting blame, recording your statement against you, or even tricking you into admitting to fault. You need to hire an experienced truck accident lawyer. Your lawyer will fight to defend your rights and make sure the liable party pays you what you are due.
Lost Wages
Truck accidents are not the commonplace. These accidents are more severe and are more likely to cause permanent disability and injury. These crashes also carry heavier loads, which can expose occupants to greater risk. There are many different types of truck drivers, such as owner-operators who own their own trucks and contract with shippers to haul items for a fee, or company drivers who operate vehicles of their employers. Both are liable for a crash that involves commercial vehicles, based on the circumstances of the crash.
A person who suffers an injury in a truck accident that keeps them from working could be entitled to compensation for lost wages. The amount they could have earned during the time that they were unable work because of their injuries will be used to determine the amount of amount of compensation. This includes not just regular wages, but also benefits such as paid time off and overtime.
In order to award damages for lost wages, a judge normally reviews a letter from the injured party's doctor that details their treatment plan and explains the reason they were unable to work. A letter from their employer which confirms their hourly wage, salary and the number of days they were unable to go to work because of their injury is also required.
After all the evidence has been taken into consideration, your lawyer will prepare the demand document that details the amount you've lost due to the truck crash. The package will be sent out with a clear message to insurance company of the other driver, providing the facts of the situation and how you were injured. There could be back and forth communication during this negotiation process, and if a deal is not reached, your attorney will bring a lawsuit on your behalf.
In the majority of cases, a plaintiff can seek compensation for lost wages through the liability bodily injury insurance. If that 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
Truck accidents can cause emotional and physical pain in addition to financial loss. These damages that are not economic are difficult to quantify, yet they require compensation in the form of money. A skilled New York truck accident lawyer can review your case and determine the value of your non-economic losses.
Injuries can cause you to not be able to participate in your preferred hobbies or pastimes. You might miss out on vacations or other activities that make your life more enjoyable. You deserve compensation for these losses. Loss of consortium and loss in enjoyment of life are two other examples of non-economic damages.
It is essential to seek immediate medical attention for any injury caused by a collision with large trucks. This will help you to maintain your health but also serve as an invaluable document in any future personal injury claims. It's also important to get an accurate medical assessment, even if your injuries seem to be minor at the time. In time an experienced medical professional can determine the severity of your injury is and will give you the right treatment.
Then, your lawyer will go through all the evidence and draft an order letter that outlines your compensation requirements. Your lawyer will then send the demand letter to the at-fault parties and their insurance companies. Your lawyer will be prepared for a trial if they do not accept your demands. This will show them that you're not willing to relent and they must treat you with respect if they want you to receive a fair amount of compensation.
Be prepared for the party at fault's insurance company to contact you regarding the accident and the injuries you sustained. They are often "wolves in sheepskins" and will attempt to convince you to provide the information they will manipulate and use against your settlement in court. You can stay clear of making statements that may be used against your own interests by having your attorney handle all communications with insurers and others.
Damages
The most significant aspect of the truck accident claim is damages. Damages can be economic (medical bills or lost wages) or non-economic (pain and suffering). In both cases however, there's one thing that all damages have in common that they result of the negligence of another party. To receive compensation the victim must show that the party responsible did not exercise reasonable care while operating or maintaining their car or was reckless while on the road.
Even minor accidents could cause devastating injuries due the size and weight. Even if you feel that your injuries aren't serious It is imperative to seek immediate medical attention. This will not only ensure your health, but it will also provide vital evidence for any injury claim that could be filed. This will help the insurance company understand the full impact of your injuries. It could also stop them from arguing that you are not as seriously injured as you claim.
It is also essential to keep a record of all expenses incurred in connection with your accident. You should keep an eye on any travel expenses you incur in order to attend doctor's appointments as well as other treatments. Also iowa city truck wreck lawyer caused by the accident. This includes your vehicle, which could be totaled, as well as other personal possessions such as jewelry and watches.
It is normal for the liable party's insurance company to try to contact you soon after your accident to offer a settlement. Do not contact them or accept a settlement offer prior to consulting with an experienced truck accident lawyer. These people will often try to convince you to accept low offers that don't pay for your expenses resulting from the accident. A lawyer who is experienced will be able to examine your documents and provide you with a fair estimate of your case.
In addition your lawyer will determine whether any additional damages are available, such as punitive damages. These are damages designed to penalize the perpetrator and discourage others from engaging in similar conduct.