Truck Accident Compensation
If you're a victim of a truck collision you could receive a call from the insurance company of the driver or provider. It is recommended to avoid speaking with these individuals unless you have an attorney present.
In order to receive compensation You must prove that the truck driver or company acted in breach of their duty of care and the breach led to your accident. The types of damages you may pursue include:
Medical expenses
The injuries suffered in a collision with a truck often require extensive medical care. This can result in costly medical bills and prescriptions. arizona truck accident lawyer struggle to cover these costs and end up in debt long after the accident occurs. Victims of accidents that injured them can claim a range of damages, including their medical expenses.
Medical expenses include any out-of-pocket expenses related to an injury. They could include Xrays, MRIs and CT scans and appointments with a doctor or physical therapy sessions. The out-of-pocket costs can also include the cost of items like crutches and wheelchairs. It is crucial to keep an eye on all medical expenses. An experienced attorney can assist you determine the expenses that are eligible for compensation.
In general, the truck driver at the fault or their insurer should pay for your medical expenses. However, they will only pay when your case settles, or a jury will award you compensation following the trial. This could take a long time, and in the meantime, you'll need to pay for your medical expenses out of pocket.
Insurance companies are in the business of saving money, and will use every trick they can to reduce their payouts. Their representatives can sound nice and helpful, but any statements you make to them can be used against you in the future. Always consult with a knowledgeable lawyer before speaking with any representatives of insurance companies.
Your lawyer can assist you navigate the claims process and fight for your right to full compensation. In some instances it might be necessary to hire a medical professional or other expert to establish the severity of your injuries and how they've impacted your life.
Suffering and pain
A semi-truck collision can result in severe injuries. These injuries could be life-changing, and cause suffering and pain for a long time.
Truck accidents are often more emotionally painful because they can be so devastating. They also can have more consequences for the victim as well as their families, including the loss of income. If you've suffered severe injuries in a truck accident and you're seeking damages for your emotional and physical pain and suffering.
The amount you're entitled to receive as a part of your claim may vary. This is because it's not always feasible to accurately determine the degree of your suffering and pain. There are guidelines that judges or jury could follow to determine the worth of your injury. This could include medical records of your injuries, evidence of a mental health professional's treatment diaries, diaries or other types of documentation about your day-today routine, and the statements of family members or friends of how your injury has impacted them.
A spinal cord injury or a broken back can cause severe discomfort and loss of mobility. These kinds of injuries are generally life-threatening and require surgical repair and ongoing treatment. They can also trigger psychological and physical symptoms, such as depression, anxiety and fear, shock, anger, insomnia or post-traumatic stress disorder (PTSD).
If the responsible party caused the accident, then they are accountable for any damages you suffered. This is true even if they didn't drive at the time of the collision in the event that they were drunk or had did not follow traffic laws or trucking laws. They could also be held accountable for punitive damages.
Loss of wages
If your injuries stop you from working for an extended period, you may be entitled to compensation for the lost wages. This compensation is calculated according to the amount you would have received had not missed work because of your injuries from accidents. It doesn't matter if employed sick days or vacation time. However, you'll have to provide proof of your earnings and losses to the adjuster of your insurance. This evidence can be obtained through a written statement from your physician, which details your medical condition and the amount of work you'll have to be unable to perform, as well as prior pay stubs and W-2s, and tax returns.
It is important to remember that you are also able to seek damages for loss of enjoyment and quality of life. This type of compensation is for the injuries that keep you from engaging in your preferred pastimes or activities, like traveling or doing hobbies. You may also be eligible to recover future income lost when your injuries hinder you from returning to a similar kind of job in the future.
Non-economic damages can be as significant as the financial loss and loss of wages. Examples include pain and discomfort in the form of scarring or disfigurement, and loss of enjoyment in life. These can be serious damages particularly for those who have suffered serious injuries in a truck accident, especially if injuries are internal organ-related. In extreme situations the possibility of punitive damages is available. These damages are meant to penalize the person responsible and deter them from repeating the same reckless act. These are not typical damages but they are awarded if the truck driver was particularly reckless or negligent.
Punitive damages
If your injuries keep you from working in the same capacity, then you may be eligible for compensation for your lost wages. This is a major issue for many truck accident victims, as they may not be able cover their daily expenses without the income they were receiving from their jobs. Additionally, medical bills can mount quickly. It is essential to hire a seasoned truck accident lawyer to ensure you receive the maximum amount of compensation possible for your losses.
You may be entitled punitive damages in addition to compensatory damages. This isn't an easy claim. The law on punitive damages can be quite strict. To be eligible for this type of financial award, a plaintiff must establish 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 order to penalize those who have committed wrongdoing. They also want to send a clear message that such conduct is not tolerated. If a juror determines that truck drivers were driving under the influence of drugs or speeding, and the jury awards substantial punitive damages, they hope that this will discourage others from engaging in the same shocking conduct in the near future.
It is essential to keep in mind that you must prove the negligence was not just one incident and not a continuous pattern of conduct or reckless indifference. Many truck accident lawyers are reluctant to bring a punitive damages claim based on the usual allegations of reckless behavior. In a recent case, for instance, the court disallowed 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 provide any evidence that Garkusha's actions prior to and during the incident displayed an attitude of indifference towards the consequences.
Damages to property caused by property
Semi-trucks, trucks and other large vehicles, because of their weight and size, can cause more severe injuries when they collide with smaller vehicles. As a result, victims could suffer more severe injuries and higher medical expenses as compared to other accident-related accidents.
To maximize the value of your claim it is vital to keep meticulous records of all expenses related to accidents and losses. Document each expense, for example, when your injuries were brought on by a car accident and you require multiple surgeries, outpatient treatments including physical therapy, as well as prescription medications. Also should you note if your injuries caused you to miss work, document lost wages and loss of future earning potential.
It is also crucial to document all property damage. If your vehicle is total loss or requires major repairs, record the current value of the vehicle along with any other personal items that were damaged or destroyed during the accident. This includes furniture, electronics clothes and other valuables. You should also keep track of any expenses that you incur for renting a car or traveling to appointments with a doctor.
Insurance companies typically contact accident victims shortly after the accident to offer settlements before the victim is given the chance to consult with a lawyer. Although these offers might seem tempting, they generally do not fully compensate victims for all of their accident-related expenses. A skilled attorney will help you avoid accepting an offer for a small settlement and ensure that the liable party is responsible for the full amount of your claim.
Your attorney will gather and review all documents before giving them to the insurance company of the responsible party as part your claim. They will also direct negotiate with the insurance company to get damages that are fair and reflect the actual value.