Truck Accident Litigation: The Good, The Bad, And The Ugly

Truck Accident Compensation

You could be contact by the insurance company of the driver, or by the company if you are the victim of a collision with a truck. It is advised to avoid speaking with them unless your attorney is present.

To receive compensation, you must prove that the truck driver and/or company violated a duty of care and this breach caused the accident. The types of damages you can pursue include:

Medical expenses

The injuries that result from a truck accident often require extensive medical care. This could result in costly hospital charges and prescription drug prices. Many victims are unable to pay for these costs, and they remain in debt even after the accident. Fortunately, injured crash victims are able to claim a variety of damages, including medical expenses.

Medical expenses are all out-of pocket costs incurred due to an injury. These expenses can include X rays, MRIs and CT scans as in addition to doctor's appointments and physical therapy sessions. Other out-of-pocket expenses could include the cost of items such as crutches and wheelchairs. It is essential to keep track of all medical expenses. An experienced attorney can identify what expenses are qualified for compensation and help you submit a claim to cover these losses.

Generally speaking, the at-fault truck driver or their insurance policy will pay for medical expenses. However, they will only pay when your case is settled or a jury gives you a settlement after the trial. This could take a long time, and, in the meantime you will have to pay for medical expenses out of your own pocket.

Insurance companies are in business to cut costs and will employ any trick that they can find to cut their payouts. They may appear nice and helpful, however anything you say to them could be used against you later. It is recommended to consult a seasoned legal advocate before speaking with any representative of an insurance company.

Your lawyer will help you through the claims process and help you get your full compensation. In some instances, it may be necessary to engage a medical professional or other professional to demonstrate the severity of your injuries and how they have impacted your life.

Pain and suffering

A semi-truck crash can result in serious injuries. These injuries can cause life-changing consequences and can cause discomfort and suffering for a long time.

Because truck accidents can be devastating, they are more emotional and stressful than crashes that involve smaller vehicles. The victim's family and friends could also be impacted more severely including loss of income. If you've sustained serious injuries as a result of a collision with a truck you may be able to seek damages for your physical and emotional pain and suffering.

The amount you may be entitled to for this portion of your claim may vary. This is due to the fact that it's not always possible to accurately assess the degree of your pain and suffering. However, there are some guidelines that will help a judge or jury decide what your injury is worth. These include medical records, proof of mental health treatment, diaries or other documentation of your daily routine and statements from family or friends on how the accident has affected them.

An injury such as a spinal cord injury or a broken back can cause extreme pain and mobility loss. These types of injuries can be life-threatening and require surgical repair as well as ongoing treatment. They can also cause physical and psychological symptoms, including anxiety, depression, or fear and shock, anger, insomnia or post-traumatic disorder (PTSD).

If the at-fault party's negligence led to the accident, they must be held accountable for the damage you've incurred. This is even if the driver was not at fault at the time of the accident or were intoxicated or they did not follow traffic laws or trucking laws. They may also be responsible for damages for punitive damage.

Lost wages

You could be eligible for compensation for lost earnings if your injuries stop you working for a long period of time. The amount of compensation is in accordance with the amount you could have earned had you not missed work because of your accident-related injuries. It doesn't really matter that you took sick leave or vacation. You must provide evidence to the adjuster of your losses and income. This proof can be obtained through a written statement from your physician, which details your medical condition and the amount of work you must be unable to perform, Truck Accident Compensation as well as old pay stubs, W-2s and tax returns.

It is important to understand that you are also able to be able to claim damages for loss of enjoyment and quality of life. This is compensation for injuries that hinder you from participating in your preferred pastimes or hobbies such as traveling. You may also be able to recover lost income in the future if your injuries have stopped you from resuming the same job in the future.

Non-economic damage can be as serious as financial losses and lost wages. Examples include pain and suffering in the form of scarring or disfigurement and loss of enjoyment life. These kinds of damages can be significant for victims who sustained serious injuries from a truck crash and, in particular, when the injuries involve internal organs. In extreme cases punitive damages could be available. These damages are intended to punish the party at fault and discourage them from repeating the same reckless conduct. These kinds of damages aren't common, but can be granted when the truck driver has been particularly reckless or negligent.

Punitive damages

You may be entitled to compensation for your loss of earnings if you are injured and prevent you from working in the same capacity. This is a major issue for many truck accident claim accident victims, as they may not be able to cover their daily expenses without the income they were receiving from their work. Your medical expenses can get expensive quickly. To ensure that you get the most compensation for your losses, you require an experienced truck accident attorney.

If the negligence of the truck accident lawyer driver or trucking company caused your injuries, you may be entitled to punitive damages in addition to the compensatory damages described above. But, this isn't an easy claim to be successful. The law on punitive damage is extremely strict. To receive this type of monetary award, a plaintiff must demonstrate that the trucking company or its driver was guilty of fraud or malice, or committed a willful conduct.

In general, juries award punitive damages in an attempt to penalize wrongdoers and send a message that this type of conduct is not acceptable. For example the case where a jury discovers that the driver of the truck was operating the rig under the influence of intoxicants or speeding, the hope is that the huge damages awarded will discourage others from engaging in this egregious conduct in the future.

You have to prove that the conduct was not a one-off incident, but a pattern of conduct or indifference. Many truck accident lawyers are reluctant to bring a punitive damage claim based solely on the usual allegations of reckless conduct. In a recent case, 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 as the Plaintiff did not offer any evidence that Garkusha's conduct prior to and during the incident showed the pattern of reckless disregard to the consequences.

Damages to property caused by property

Semi-trucks, trucks and other large vehicles, because of their size and weight, can cause more severe injury when they collide with smaller vehicles. Consequently, victims may suffer more extensive injuries and higher medical expenses than victims of other collisions with vehicles.

To maximize the value of your claim, it is vital to keep detailed records of all costs associated with accidents and losses. Document each expense, for instance, if your injuries were caused by a truck crash, and you require multiple surgeries or outpatient treatments including physical therapy, as well as prescription medication. Also in the event that your injuries have caused you to miss work, document the loss of wages as well as future earnings potential.

The documentation of all property damage is equally important. Record the current value of your vehicle, as well as any other personal items damaged or destroyed in the collision. This includes furniture, electronics and clothing, as well as other valuables. Additionally, if you have required a car rental or travel to doctor appointments note the cost and record any other costs related to these trips.

Insurance companies typically contact victims of accidents immediately following a crash to offer settlements before the victim has a chance to consult with a lawyer. These offers may be tempting, however, they don't compensate victims for their entire expense resulting from the accident. An experienced attorney will help you avoid accepting the lowest settlement offer and ensure that the liable party pays the full amount of your claim.

Your attorney will gather and review all documents prior to giving them to the insurance company of the liable party as part your claim. They will also negotiate directly with the insurance company to receive damages that are fair and reflect the true value.