How to File a Truck Accident Claim
Most truck accidents are caused by negligence on the part of the truck driver, or a trucking company. Injured victims often have to file a lawsuit in order to obtain full compensation for accident-related expenses.
Medical bills are an expense that victims of truck accidents often need to pay. Insurance companies can require an independent medical examination to determine the extent of your injuries and the impact they have on your daily life.
Medical Care
It is essential to seek medical attention immediately following the accident to ensure your health and safety. Getting medical attention as soon as you can will also aid you to record your injuries to use them as evidence in your claim. This will also allow you to build more convincing evidence that your injuries were the result by the accident.
Medical expenses are a foundational component of any personal injury claim. They provide evidence of the severity of your injury and how it has affected your life. Without solid documentation of your injuries, you may not be able to obtain the full amount of your losses.
In some instances the medical treatment could be so extensive that you are unable to work or resume your normal activities. In this situation, you may be entitled to compensation for the loss of income. In addition, you could be entitled to reimbursement for the costs of any assistive devices you require to remain in the most normal way possible.
As with all accidents there are many parties that could be accountable for a truck crash. The parties involved include:
Truck drivers: They could be employees of a company, who have a contract to drive for a certain employer, or independent owner-operators. They operate their vehicles for themselves or for the shipper with whom they have a contract. If truck drivers are negligent, reckless, or otherwise engaged in unsafe actions on the road, they may be held accountable for the cause of accidents.
Other drivers If the carelessness of another driver caused a crash that person may be held responsible. Other drivers are usually blamed for truck accidents, specifically when the driver in question was driving recklessly or was distracted.
The parties at fault may try to reduce your claim by deflecting blame, recording your statements against you, or even tricking you into admitting to fault. This is the reason you need to hire a skilled truck accident lawyer. Your lawyer will fight for your rights and ensure that the responsible party pays the amount you are due.
Lost Wages
While fender-benders as well as parking lot scrapes are commonplace for passenger vehicles however, the same can't be said for truck accidents. These accidents are more severe and more likely cause permanent disability and long-term injury. These crashes also involve more weight, which can expose occupants to greater risk. There are several different kinds of truck drivers, such as owner-operators who own their own trucks and contract with shippers to transport goods for a fee or company drivers who drive the vehicles owned by their employers. Both are at risk for a crash that involves a commercial vehicle, depending on the circumstances of the accident.
Anyone who is injured in a crash involving a truck and is unable to work may receive compensation for lost wages. The amount they could have earned during the time they were unable work because of their injuries is used to determine the amount of compensation. This includes regular salaries as well as benefits like paid time off or overtime.
In order to award damages for lost wages, a judge generally examines a letter from the injured party's doctor that details their treatment plan and explains the reason they were unable to go to work. A letter from their employer confirming their hourly wage, salary and the number of days that they were not able to work due to the injury is also required.
Once the evidence is gathered, your attorney will prepare an order that details the amount you've suffered as a result of the truck accident. The package is sent to the other driver's insurance company with clearly stating the facts of the case as well as the way you were injured and the amount you're requesting. There may be back-and-forth communication during the negotiation process and if an agreement is not reached, your attorney will initiate a lawsuit on behalf.
In most cases, a person who is claiming damages can recuperate lost wages under the bodily injury liability coverage of the driver at the fault. If this isn't feasible the person who has been injured can submit a claim to their own auto insurance company. iowa city truck accident law firm will only be up to the limits of their personal injury protection policy (PIP).
Pain and Suffering
Accidents with trucks can cause physical pain and emotional distress as well as financial loss. These damages that are not economic are difficult to quantify, but they still merit compensation in the form of monetary. A knowledgeable New York truck accident lawyer can examine your case and determine the potential value of your non-economic losses.
A good example of an economic loss is inability to pursue hobbies or engage in your favorite pastimes because of injuries. You could also be missing going on vacations and other activities that can make life more enjoyable and you should be compensated for this loss. Other examples of non-economic losses are loss of consortium and enjoyment of life.
It is imperative to seek prompt medical attention for any injuries after a collision with an enormous truck. Not only will this aid in ensuring your health as well, but it can also serve as critical documentation for any future personal injury claim. Even if the incident appears minor, it's crucial to get a thorough analysis. As time passes, medical professionals can determine the severity of your injury and provide the right treatment.
Then, your lawyer will review all the evidence and then draft an order letter that outlines your demands for compensation. Your lawyer will then send the demand letter to the parties at fault and their insurance companies. If they refuse to settle your demands then your lawyer will be ready to bring them to the court. This shows that you're not bending down and that they must treat you with respect if they wish to give you a fair amount of compensation.
Be prepared for the insurance company of the party at fault to reach out to you regarding the accident and any injuries you sustained. They're often "wolves in sheep's clothes," and they'll attempt to obtain information from you that they could alter out of context and use against you in court in order to reduce your settlement. You are able to avoid making statements that may be used against your own interests by letting your attorney manage all communications with insurers and others.
Damages
The most important thing to consider is the damages component of any truck crash claim. They could be financial, such as medical bills and lost wages, or non-economic, like pain and suffering. In both instances however, there's one thing that all damages share that they result of the negligence of another party. To be eligible for compensation the victim has to prove that the party responsible did not take reasonable care when operating or maintaining their car or behaved recklessly driving.
Even minor accidents can cause catastrophic injuries due to the size and weight. Even if you feel that your injuries aren't serious, it is important to seek immediate medical care. This will not only ensure your health and well-being but also provide crucial documentation for your potential injury claim. This will allow your insurance company to understand the full extent of your injuries, and can help them avoid arguing that you'ren't as injured as you claim.
It is also crucial to keep track of all costs incurred in connection with your accident. You will need to keep track of any travel expenses you incur to attend doctor's appointments as well as other treatments. Also any property damage caused by the accident. This includes your vehicle, which could be totaled as well as other personal possessions such as jewelry and watches.
Insurance companies are often contacted to offer a settlement shortly after an accident. However, you should avoid making contact with them or agreeing to a settlement without consulting a knowledgeable truck accident lawyer. These people often try to convince you to accept lower offers that do not provide enough coverage for the costs associated with your accident. A lawyer who is knowledgeable will be able review your documents and give you an accurate assessment of your case.
Your lawyer will also determine if additional damages, such as punitive damages, are available. These are damages that are designed to punish the perpetrator, and discourage others from engaging similar behavior.