Truck Accident Compensation
You could be called by the insurance firm of the driver or company when you are the victim of a collision with a truck. It is advisable not to contact these people without your attorney present.
To be eligible for compensation, you must prove that the truck driver and/or company violated a duty of care and the breach led to your accident. The types of damages that you can seek include:
Medical expenses
Injuries resulting from a truck crash usually require extensive medical attention. This could result in high hospital bills as well as prescription costs. Many victims struggle to pay these costs and end up in debt long after the crash occurs. Fortunately, those who have suffered injuries are able to recover many damages, including medical expenses.
Medical expenses encompass all out-of the pocket expenses incurred as a result of an injury. These can include X-rays MRIs and CT scans along with physical therapy and doctor's sessions. In addition, out-of pocket expenses can include the cost of equipment like crutches and wheelchairs. It is essential to keep track of all medical expenses. An experienced attorney can help you determine what expenses are eligible for compensation.
Generally speaking, the at-fault truck driver or their insurance policy will pay for medical expenses. However, they will only do so when your case is settled or a jury will award you compensation following a trial. This can take years, 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 cut their payouts. They may seem friendly and helpful but anything you tell them can be used against you in the future. Always consult with a knowledgeable lawyer before speaking to any representatives from insurance companies.
Your lawyer will assist you with the claims process and help you to fight for the full compensation. In some instances, it may be necessary to retain a medical expert or other expert to prove the severity of your injuries and how they have impacted your life.
Suffering and pain
Getting hit by a semi-truck could cause serious injuries. These injuries can be life-changing and cause discomfort and suffering for a long time.
Because truck accidents are so devastating, they are more emotional than accidents that involve smaller vehicles. The victim's family may also suffer greater consequences like loss of income. If you've suffered serious injuries in a truck accident, then you may be able to sue for damages to cover the physical pain and suffering you endured.
The amount you are entitled to receive as a part of your claim may differ. This is due to the fact that it can be difficult to accurately quantify the amount of pain and suffering you endured. However, there are guidelines that can help a judge or jury decide how much your injury is worth. These include medical records, evidence of mental health treatment, diaries or other records of your day-to-day activities and statements from your family or acquaintances about how the injury has affected them.
Injuries like a fractured spine or damage to the spinal cord can cause life-altering pain and loss of mobility. These kinds of injuries can be life-threatening and require surgical repair as well as ongoing treatment. They can also cause other psychological and physical symptoms such as anxiety, depression as well as shock, fear insomnia, anger, or post-traumatic stress disorder (PTSD).
If the person who was negligently responsible for the accident caused the accident, they are liable for any damage you suffered. This applies even if they didn't drive at the time of the collision in the event that they were drunk or if they were in violation of traffic laws or trucking laws. They may also be held responsible for punitive damages.
Lost wages
If injuries prevent you from working for an extended duration, you may be entitled to recover lost wages. The amount of compensation is according to the amount you would have received had not been unable to work due to your injuries from accidents. It doesn't really matter whether you took sick time or vacation. However, you will need to prove your earnings and losses to the adjuster of your insurance. This evidence can be obtained through written documentation from your doctor, which outlines your medical condition and how much work you must miss, as well as old pay stubs, W-2s, and tax returns.
It is important to know that you can also be able to claim damages for loss of enjoyment and quality of life. This compensation is in the event of injuries that prevent you from enjoying your favorite pastimes or hobbies, such as travelling. You may also recover lost income in the future if your injuries have permanently prevented you from returning to the same job in the future.
While non-economic damage is less tangible than lost wages and other financial losses, they can be significant. Examples include discomfort and pain in the form of scarring or disfigurement, and loss of enjoyment in daily life. These types of damages can be significant for those who suffered serious injuries from a truck crash, especially when the injuries involve internal organs. In extreme circumstances it is possible to claim punitive damages. These damages are intended to penalize the person responsible and deter them from repeating the same reckless behavior. These kinds of damages aren't common, but can be granted when the truck driver is particularly reckless or negligent.
Punitive damages
If your injuries prevent you from working in the same capacity, then you may be eligible for compensation for your lost wages. Many truck accident victims are concerned about this, because they might not be able to pay their daily expenses without the money they earned from their job. Additionally, medical bills can pile up quickly. To ensure that you receive the highest amount of compensation for your losses, you'll need an experienced truck accident attorney.
You may be entitled to punitive damages in addition to compensatory damages. This isn't an easy claim to make. The law regarding punitive damages is quite strict. In order to be awarded this type of monetary award, a plaintiff must show that the trucking business or its driver committed fraud or malice, or committed a willful wrongdoing.
Generally, juries make punitive damages as an effort to punish those who have committed wrong and send a message that this type of conduct will not be tolerated. For example when a jury determines that the driver of the truck was operating the rig under the influence of a drug or speeding up, the hope is that the huge punitive damages award will deter others from engaging in this sort of behavior in the future.
It is essential to keep in mind that you have to prove that the negligence was not a single incident or even an ongoing pattern of conduct or indifference. Many truck accident lawyers are hesitant to file a punitive damages claim based on a boilerplate accusation of reckless conduct. In a recent instance, for instance the court ruled against the punitive damages claim brought against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with the Plaintiff and Plaintiff, as the Plaintiff did not offer any evidence that Garkusha's conduct right before and during the accident displayed an unintentional disregard to the consequences.
Damages for property damage
Due to their size and weight semi-trucks, commercial vehicles, and other large vehicles can cause more severe injuries when they collide with smaller vehicles. As a result, victims could be more severely injured and incur more medical expenses as compared to other vehicle accidents.
Keep meticulous records of all expenses and losses resulting from your accident. This will help maximize the value of any claim. For instance, if were injured in a collision with a truck and require multiple surgeries, outpatient procedures such as physical therapy, prescription medications, document each expense. Also should you note if your injuries caused you to miss work, note your lost wages and future earning potential.
It is also important to document any damage to property. Keep track of the value of your vehicle, as well as any other personal belongings damaged or destroyed by the accident. This includes furniture, electronics, clothing and other valuable items. Also, if you've needed to hire a car or travel to doctor appointments take note of the expense and document any other costs that are associated with these travels.
Insurance companies call accident victims soon after a crash and offer settlements, before the victim can speak to an attorney. These offers are tempting, however, they don't compensate victims for their full accident-related expenses. A skilled attorney can assist you in avoiding a low settlement and ensure that the party responsible pays for the full amount of your case.
Your lawyer will collect and review all documentation before giving them to the insurance company of the liable party as part of your claim. jacksonville truck accident attorney will also directly negotiate with the insurance company in order to receive damages that are fair and reflect your true value.