Truck Accident Compensation
You may be approached by the insurance company of the driver, or by the company if you're the victim of a collision with a truck. It is advisable not to talk with them without your attorney present.
To obtain compensation you must prove that the truck driver and/or company acted in breach of their duty of care and this breach caused your accident. You can claim damages for:
Medical expenses
Injuries that result from a truck crash usually require extensive medical attention. This can result in expensive medical bills and prescriptions. Many victims aren't able to pay for these costs and are left in debt after the accident. Fortunately, injured crash victims can claim various damages, including medical expenses.
Medical expenses are all out-of pocket costs incurred due to an injury. They could include Xrays, MRIs and CT scans along with visits to the doctor and physical therapy sessions. The cost of wheel chairs and crutches can also be included in out-of-pocket expenses. It is crucial to record all medical expenses and keep receipts. A knowledgeable attorney can identify which expenses may be suitable for compensation and assist you submit a claim to cover these losses.
In general, the truck driver at the fault or their insurance company should cover your medical expenses. They won't pay for your medical expenses until you've settled your case or a jury has awarded you compensation following the trial. This can take many years and you'll be accountable for the cost of medical bills out of pocket.
Insurance companies are in the business of saving money and will employ every trick they can to cut their payouts. They may seem friendly and helpful, but whatever you say to them will be used against you later. It is always best to consult with an experienced lawyer before speaking to any insurance company representatives.
Your lawyer can assist you with the claims process and help you to fight for the full compensation. In certain situations it is possible to consult a medical expert or other expert to prove the extent of your injuries and how they've affected your life.
Suffering and pain
Getting hit by a semi-truck can cause severe injuries. These injuries can have a life-altering effect, and cause pain and suffering for a long time.
Truck accidents can be emotional because they are so devastating. They also have greater consequences for the victim as well as their family members, including loss of income. If you have suffered serious injuries in the accident of a truck, you can claim damages to compensate you for your physical pain and suffering.
The amount of money that you may be entitled to as a result of this portion of your claim may vary. This is due to the fact that it's rarely possible to determine accurately the extent of your suffering and pain. However, there are some guidelines that will help a judge or jury determine what your injury is worth. These could include medical documents of your injuries, evidence of a mental health professional's treatment, diaries or other forms of documentation regarding your daily activities, as well as statements from family members or friends of the impact your injury has had on them.
A spinal cord injury or broken back can cause severe mobility and pain. These types of injuries are usually life-threatening and require surgical repair as well as ongoing treatment. They can also cause physical and psychological symptoms like anxiety, depression or fear and shock, anger, insomnia or post-traumatic disorder (PTSD).
If the party who was negligent caused the accident, they are accountable for any injuries you've suffered. This is true even if the at-fault party was not driving when the accident occurred. For example when the driver was drunk or had a violation of traffic or trucking laws. They can also be held responsible for punitive damages.
Lost wages
You could be entitled to compensation for your loss of earnings if your injuries stop you from working for a lengthy period of time. The amount of compensation you receive is in accordance with the amount you would have received had not missed work due to the injuries you sustained in an accident. It doesn't really matter if you took sick leave or a vacation. However, you'll need to prove your losses and earnings to the adjuster of your insurance. This can be accomplished through obtaining a written statement from your doctor detailing your medical condition and the days you'll be off at work, as well as your previous pay receipts.
It's important to note that you can also claim damages for the loss of enjoyment and quality of life. This is compensation for injuries that prevent you from enjoying your favorite hobbies or pastimes like traveling. You may also be able to recover the loss of future income if your injuries have prevented you from returning to the same kind of job in the near future.
Non-economic damages can be as substantial as the financial loss and loss of wages. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in life. These types of damages could be significant for those who sustained serious injuries as a result of a crash involving a truck particularly if the injuries affect internal organs. In extreme circumstances you may be able to seek punitive damages. These are designed to penalize the person who is at fault and stop them from engaging in similar reckless actions in the future. These damages are rare, but they can be awarded if the truck driver was negligent or reckless.
Punitive damages
If your injuries prevent you from working in the same capacity, you may be able to claim compensation for lost wages. This is a major concern for many victims of truck accidents, as they may not be able cover their expenses on a daily basis without the income they earn from their jobs. Your medical bills can also grow quickly. You require a skilled lawyer for truck accidents to ensure you receive the maximum amount of compensation possible for your losses.
If the negligence of the truck driver or the trucking company resulted in your injuries, you could be entitled to punitive damages in addition to the compensatory damages discussed above. This isn't an easy claim. The law on punitive damages is very strict. A plaintiff must prove that the trucking company's or driver's fraud, malice or willful misconduct to receive this type of monetary award.
In bloomington truck accident lawsuit award punitive damages in order to penalize the perpetrators of wrongdoing. They also aim to convey a clear message that such behavior will not be tolerated. For example the case where a jury discovers that the driver of the truck was operating their truck under the influence of a drug or speeding, the goal is that the significant punitive damage award will discourage others from engaging in this egregious conduct in the future.
It is crucial to remember that you must prove the negligence was not an isolated incident but rather a recurring pattern of conduct or reckless indifference. Many truck accident lawyers are reluctant to bring a punitive damages claim based on a boilerplate accusation 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 crash with Plaintiff as the Plaintiff failed to present any evidence that Garkusha's actions right before and during the accident displayed a pattern or reckless indifference to the repercussions.
Damages for property damage
Due to their huge size and weight semi-trucks, commercial vehicles, and other large-sized vehicles can cause more severe damage when they crash into smaller vehicles. The result is that victims of semi-truck accidents may suffer more severe injuries and incur higher medical expenses as compared to other motorist accidents.
To maximize the value of your claim it is essential to keep meticulous records of all costs associated with accidents and losses. Document each expense, for instance, in the event that your injuries were triggered by a truck accident, and you require multiple surgeries and outpatient treatments such as physical therapy or prescription medication. Record your lost wages, and any future earnings possibilities if you have missed work due to your injuries.
Documenting any property damage is also very important. Keep track of the value of your car and any other personal possessions damaged or destroyed due to the accident. This includes clothing, electronics, furniture, and other valuables. Additionally, if you have had to rent a vehicle or travel for doctor appointments keep track of the cost and note any other expenses connected to these trips.
Insurance companies often reach out to victims of accidents right after an accident to offer settlements before the victim has an opportunity to consult with an attorney. Although these offers might seem tempting, they usually do not compensate victims for all of their costs related to the accident. An experienced attorney can help you avoid accepting a low settlement offer and ensure that the responsible party is fully responsible for the value of your claim.
Your lawyer will collect and review all documentation before giving them to the insurance company of the liable party as part of your claim. They will also directly negotiate with the insurance company to receive damages that are fair and reflect your true value.