Truck Accident Compensation
If you're a victim of a truck collision, you may receive contact from the insurance company or driver's provider. It is advisable not to speak with these individuals without your attorney present.
You must prove that a truck driver or company did not meet their duty of care, and that this violation led to your accident. You can claim damages for:
Medical expenses
Injuries sustained in a truck crash often require extensive medical care. This can result in expensive hospital bills and prescription drug costs. Many victims struggle to cover these expenses and are in debt long after the accident occurs. Accident victims who are injured can claim many damages, including their medical expenses.
Medical expenses are all out-of pocket costs incurred due to an injury. These expenses may include X rays, MRIs and CT scans as along with doctor's visits and physical therapy sessions. Out-of-pocket expenses can also include the cost of equipment like wheelchairs and crutches. It is crucial to keep track of all medical expenses. An experienced attorney can assist you determine what expenses are eligible for compensation.
In general, the driver of the truck at fault or their insurance should cover your medical expenses. They will not pay your medical expenses until you've resolved your case or the jury has awarded you compensation after a trial. This could take several years and you'll be responsible to pay your medical bills out of pocket.
Insurance companies exist to cut costs and will employ any trick in the book to lower their payouts. Their representatives may appear friendly and helpful, but any statements you make to them may be used against you later. It is best to seek out a knowledgeable legal advocate prior to speaking with any representatives of insurance companies.
Your lawyer can help you through the claims process and assist you fight for full settlement. In some cases you may be required to engage a medical professional to establish your injuries and the impact they have had on your life.
Pain and suffering
Being struck by a semi-truck could cause serious injuries. These injuries can cause life-changing consequences, and cause suffering and pain for a long period of time.
Truck accidents can be more emotionally devastating because they are so devastating. The victim's family and friends might also suffer more severe consequences for loss of income. If you've suffered severe injuries in a truck accident, then you can sue for damages to be compensated for your physical pain and suffering.
The amount of money that you are entitled to for this portion of your claim may vary. This is because it may be difficult to accurately assess your pain and suffering. There are guidelines that a judge or jury could use to determine the value of your injury. These include medical reports of your injuries, evidence of an appointment with a mental health professional, diaries or other forms of documentation regarding your daily activities, and statements from friends or family members about the impact your injury has had on them.
A spinal cord injury or a fractured back can result in severe mobility and pain. These injuries are usually life-threatening, and require continual treatment and surgical repair. They can also cause other psychological and physical symptoms, such as anxiety, depression as well as shock, fear anger, insomnia or post-traumatic stress disorder (PTSD).
If the responsible party caused the accident, then they are accountable for any damages you have suffered. This is even if they were not driving at the time of the accident in the event that they were drunk or if they were in violation of traffic laws or trucking laws. They may also be responsible for punitive damages.
Loss of wages
If your injuries stop you from working for a prolonged period of time, you may be entitled to a reimbursement of the lost wages. This compensation is based on the amount you could have earned if you had not been unable to work because of injuries from accidents. It doesn't really matter that you took sick leave or a vacation. You will have to provide proof to the insurance adjuster of your earnings and losses. This can be done by submitting a written document from your doctor, which outlines your medical condition and how much work you must miss, as well as the previous pay stubs, W-2s and tax returns.
It is important to know that you may also be able to seek damages for loss of enjoyment and quality of life. This compensation is for injuries that prevent you from doing your favorite hobbies or pastimes like travel. You may also be able to recover lost income in the future if your injuries have stopped you from resuming the same kind of job in the near future.
Although non-economic damages aren't as tangible than lost wages or other financial losses, they can be substantial. Examples include suffering and pain, scarring or disfigurement, and loss of enjoyment of life. These kinds of damages can be significant for victims who have suffered severe injuries from a car crash particularly if the injuries are to internal organs. In extreme instances you could be able to seek punitive damages. These damages are meant to punish the party at fault and discourage them from repeating the same reckless act. These are not typical damages but they are awarded if the truck driver has been deemed to be reckless or negligent.
Punitive damages
If your injuries hinder you from working in the same capacity, you might be eligible to receive compensation for lost wages. Many victims of truck accidents are worried about this because they might not be able to cover their expenses without the income they earned from their job. Your medical bills can also grow quickly. To ensure that you get the most money for your losses, it is essential to hire an experienced lawyer for truck accidents.
You could be entitled to punitive damages, in addition to compensatory damages. However, this isn't an easy claim to win. The law on punitive damages is extremely strict. A plaintiff must prove that the trucking company or driver engaged in fraud, malice or willful misconduct to receive this type of monetary award.
In general, juries decide to award punitive damages in the hope of punishing wrongdoers and convey a message to others that such conduct will not be tolerated. If a jury decides that the truck driver was driving their vehicle under the effects of drugs or speeding and the jury awards hefty punitive damages, they hope this will deter others from engaging in such shocking conduct in the near future.
It is important to note that you must prove the negligence was not just an isolated incident or even an ongoing pattern of conduct or reckless indifference. Many truck accident lawyers are hesitant to file a punitive damages claim based solely on the usual allegations of reckless behavior. In a recent instance 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 did not provide any evidence that Garkusha's conduct prior to and during the incident displayed the pattern of reckless disregard towards the repercussions.
Damages to property caused by property
Semi-trucks, trucks and other large vehicles, due to their weight and size can cause more serious damage when they crash with smaller vehicles. The result is that victims of semi-truck crashes may be more severely injured and incur higher medical expenses than victims in other vehicle accidents.
To maximize the value of your claim, it is vital to keep detailed records of all accident-related expenses and losses. Document each expense, for example, in the event that your injuries were triggered by a truck accident, and you require multiple surgeries and outpatient treatments physical therapy, and prescription medications. san francisco truck accident law firm lost wages, and also any future earnings potential if you have missed work because of your injuries.
It is also essential to document any property damage. If your car is damaged beyond repair or requires significant repairs, document the current value of the vehicle along with any other personal belongings that were damaged or destroyed in the accident. This includes furniture, electronics and clothing, as well as other valuable items. Also, if you've had to lease a vehicle or travel to doctor appointments note the cost and document any other costs that are associated with these travels.
Insurance companies often contact victims of accidents shortly after the accident to offer settlements prior to the victim is given the chance to consult with an attorney. These offers can be tempting, however, they don't compensate victims for their full cost of the accident. A knowledgeable attorney can assist you in avoiding a small settlement and in ensuring that the liable party pays for the full amount of your case.
Your attorney will gather and review all documentation prior to sending them to the insurance company of the liable party as part your claim. They will also direct negotiate with the insurance company in order to receive damages that are fair and reflect the actual value.