Truck Accident Compensation
You may be contact by the insurance company of the driver or the company if you are the victim of a truck crash. It is best to not speak with those individuals unless your attorney is present.
You must prove that the truck driver or company breached their duty of care, and that this violation led to your accident. You can seek damages for:
Medical expenses
Injuries resulting from a truck crash often require extensive medical care. This can result in high hospital bills and prescription drug expenses. Many victims are unable to pay for these expenses and are left in debt after the accident. Fortunately, those who have suffered injuries can claim various damages, including medical expenses.
Medical expenses are all out-of cost expenses incurred by an injury. These expenses could include X rays, MRIs and CT scans as in addition to doctor's appointments and physical therapy sessions. Out-of-pocket expenses can also include the cost of items such as crutches and wheelchairs. It is essential to keep track of all medical expenses and keep receipts. A knowledgeable attorney can identify the expenses that are suitable for compensation and assist you submit a claim to cover these expenses.
In general, the driver of the truck at the fault or their insurer should be able to cover medical expenses. They will not pay your medical expenses until you have resolved your case or a jury has awarded you compensation following an appeal. It could take many years and you will be responsible for paying your medical bills out of your pocket.
Insurance companies exist to make money and employ every trick to their advantage to lower their payouts. They may appear friendly and helpful, but whatever you tell them can be used against you later. Always consult with a knowledgeable lawyer before speaking to any representatives of insurance companies.
Your lawyer can help navigate the claims process and fight for your rightful settlement. In certain cases you may need to consult with a medical professional to prove your injuries and the impact they have had on your life.
Suffering and pain
Being hit by a semi-truck can result in severe injuries. These injuries can cause life-changing consequences and cause pain and suffering for a long period of time.
Because truck accidents are so devastating, they are more emotional and stressful than crashes involving smaller vehicles. The family members of the victim could also be impacted more severely including loss of income. If you've suffered severe injuries in an accident with a truck, you may be able to seek damages to cover your physical pain and suffering.
The amount you're entitled to receive as a part of your claim may differ. This is because it's often not possible to determine accurately the severity of your pain and suffering. There are guidelines that judges or jury can 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 as well as statements from your family or friends about how your injury has affected them.
Injuries like a fractured spine or spinal cord damage can cause life-altering pain and loss of mobility. These injuries are often life-threatening and require continuous treatment and surgical repair. They can also trigger physical and psychological symptoms, such as anxiety, depression or fear, anger, shock and insomnia. They can also trigger post-traumatic disorders (PTSD).
If the person who was negligently responsible for the accident caused the accident, they are liable for any damages you suffered. This is even if the driver was not at fault at the time of the collision for instance, if they were drunk or had violated trucking laws or traffic laws. They may also be responsible for punitive damages.
Loss of wages
If your injuries prevent you from working for an extended duration, you may be entitled to recover lost wages. This compensation is calculated in accordance with the amount of money you would have received if you had not been unable to work due to injuries resulting from an accident. It doesn't matter whether you utilized vacation or sick time. However, you will need to prove your losses and earnings to the insurance adjuster. This proof can be obtained through a written statement from your doctor that outlines your medical condition and the amount of work you'll have to skip, as well as prior pay stubs and W-2s and tax returns.
It is important to remember that you may also be able to claim damages for the loss of enjoyment and quality of life. This type of compensation is for injuries that hinder you from engaging in your most loved pastimes and activities, like travel or performing hobbies. You may also be eligible to recuperate future income losses in the event that your injuries prevent you from returning to the same kind of job in the future.
While non-economic losses are less tangible than lost wages or other financial losses, they can be substantial. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These can be serious damages, especially for victims who have suffered serious injuries in a truck accident, especially if the injuries are internal organ-related. In extreme cases it is possible to claim punitive damages. They are intended to punish the person at fault and discourage them from repeating the same reckless behavior in the future. These kinds of damages aren't common but they are awarded when the truck driver is particularly negligent or reckless.
Punitive damages
You may be entitled to compensation for lost earnings if you are injured and prevent you working in the same capacity. Many victims of truck accidents are worried about this as they may be unable to cover their expenses without the income that they earned from their jobs. Additionally, your medical bills can add quickly. It is essential to hire a seasoned lawyer for truck accidents to ensure you receive the maximum amount of compensation you can for your losses.
You may be entitled punitive damages in addition to compensatory damages. This is not an easy claim to make. The law governing punitive damages is very strict. To be washington truck wreck lawyer for this type of financial award, a plaintiff must demonstrate that the trucking company or its driver was guilty of fraud or malice or committed willful wrongdoing.
Generally juries make punitive damages as the hope of punishing wrongdoers and to send a message that such conduct is not acceptable. For instance the case where a jury discovers that the truck driver was operating the rig under the influence of alcohol or drugs or speeding, the goal is that the large damages awarded will deter others from engaging in this kind of behavior in the future.
It is crucial to remember that you must prove the negligence was not just a single incident and not a continuous pattern of conduct or reckless indifference. Because of this, a lot of truck accident attorneys are not comfortable bringing a punitive damage claim solely based on boilerplate accusations of reckless behavior. In a recent case, for example the court dismissed the punitive damages claim against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with the Plaintiff, based on the fact that the Plaintiff failed to present any evidence that Garkusha's conduct right before and during the accident displayed an unintentional disregard to the consequences.
Damages to Property Damage
Due to their massive size and weight, semi-trucks, commercial trucks, and other large vehicles may cause more severe injuries when they collide with smaller vehicles. Therefore, the victims of semi-truck crashes may be more severely injured and have higher medical costs than victims in other vehicle accidents.
To maximize the value of your claim it is crucial to keep detailed records of all expenses related to accidents and losses. Keep track of each expense, such as if your injuries were caused by a collision with a truck, and you require multiple surgeries or outpatient treatments physical therapy, and prescription medication. Also in the event that your injuries have caused you to miss work, document the loss of wages and future earning potential.
Documenting all property damage is equally important. Document the current value of your car and any other personal belongings that were damaged or destroyed in the collision. This includes clothing, electronics, furniture, and other valuable items. In addition, if needed to hire a car or travel to a doctor's appointment, record the expense and record any other expenses that are associated with these travels.
Insurance companies contact accident victims within a short time after a crash to offer settlements before the victim can talk to an attorney. While these settlements may appear tempting, they usually don't fully compensate victims for all their expenses related to accidents. A skilled attorney can assist you in avoiding a small settlement and in ensuring that the responsible party is compensated for the entire amount of your case.
Your lawyer will collect and review all documentation prior to making them available to the insurance company of the responsible party as part your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that reflect the true worth of your losses.