Three Greatest Moments In Truck Accident Litigation History
Truck Accident Compensation
You could be contacted by the insurance company of the driver or company if you're the victim of a crash involving a truck. It is advised not to talk to these people without your attorney present.
To receive compensation You must prove that the truck driver and/or company breached their duty of care and that this breach caused the accident. The kinds of damages you could pursue include:
Medical expenses
The injuries sustained in a car crash often require extensive medical treatment. This can result in expensive hospital bills and prescription drug expenses. Many victims struggle to pay these expenses and are in debt long after the accident occurs. Fortunately, those who have suffered injuries are able to recover a variety of damages, including medical expenses.
Medical expenses are all out-of the pocket expenses incurred as a result of an injury. manchester truck accident attorney may include X-rays, MRIs and CT scans as in addition to doctor's appointments and physical therapy sessions. In addition, out-of pocket expenses can include the cost of items such as crutches and wheelchairs. It is essential to keep track of all medical expenses and keep receipts. An experienced attorney can help you determine which expenses may be admissible for compensation, and can help you file a claim for these expenses.
Generally, the at-fault truck driver or their insurance company should pay for medical expenses. They will not cover your medical expenses until you have resolved your case or a jury has awarded you compensation after an appeal. It could take years, and, in the meantime you'll be required to pay for your medical expenses out of pocket.
Insurance companies are in the business of saving money, and will use every trick in the book to reduce their payouts. Their representatives are often welcoming and helpful, but any comment you make to them may be used against you in the future. Always consult with a knowledgeable lawyer before speaking with any representatives of insurance companies.
A lawyer can help you navigate the claims process and fight for your right to complete settlement. In some instances you may have to hire a medical expert to prove your injuries and the impact they've had on your life.
Suffering and pain
Getting hit by a semi-truck could cause serious injuries. These injuries can be life-altering and cause long-term suffering and pain.
Because truck accidents are destructive, they can be more emotional than accidents that involve smaller vehicles. The victim's family could also be impacted more severely for loss of income. If you have suffered serious injuries in an accident involving a truck, you may be able to pursue damages to cover the physical pain and suffering you endured.
The amount of money that you may be entitled to in this section of your claim can vary. This is due to the fact that it can be difficult to accurately assess your pain and suffering. There are guidelines that a judge or jury can use to determine the value of your injury. These include medical records, proof of mental health treatment, diaries, or other documentation of your daily activities as well as statements from family members or friends about how the injury has affected them.
Broken spine or spinal cord damage can cause life-altering pain and loss of mobility. These injuries are typically life-threatening and require ongoing treatment and surgical repair. They can also cause psychological and physical symptoms, like anxiety, depression as well as shock, fear anger, insomnia or post-traumatic stress disorder (PTSD).
If the responsible party caused the accident, they are liable for any damages you suffered. This is true even if the at-fault party was not driving at the time the accident occurred. For instance when the driver was intoxicated or had a violation of traffic or trucking laws. They could also be held responsible for punitive damage.
Loss of wages
You could be entitled to compensation for the loss of wages if injuries keep you working for a long period of time. This compensation is based on how much you would have earned if you hadn't been unable to work due to your injuries from accidents. It doesn't matter if utilized vacation or sick time. You will have to provide proof to the insurance adjuster of your earnings and losses. This proof can be obtained through a written statement from your physician, which details your medical condition and how much work you are required to skip, as well as old pay stubs, W-2s and tax returns.
It is important to know that you may also be able to claim damages for loss of enjoyment and quality of life. This is a type of compensation for injuries that prevent you from participating in your most loved pastimes and activities, like traveling or engaging in hobbies. You can also claim back lost income if the injuries have prevented you from resuming the same job in the future.
Non-economic damages can be as significant as financial losses and lost wages. Examples include discomfort and pain in the form of scarring or disfigurement, and loss of enjoyment in life. These types of damages can be significant for victims who have suffered serious injuries from a car crash and, in particular, when the injuries are to internal organs. In extreme instances the possibility of punitive damages is available. These are designed to punish the at-fault party and deter them from committing similar reckless behavior in the future. These damages are rare but they may be awarded when the truck driver was particularly reckless or negligent.
Punitive damages
You may be entitled to compensation for the loss of wages if your injuries prevent you working in the same capacity. Many truck accident victims are worried about this, because they may not be able to pay their daily expenses without the money they received from their jobs. In addition, your medical bills can pile quickly. You will require an experienced truck accident lawyer to ensure that you get the most compensation you can for your losses.
If the negligence of the truck driver or trucking company resulted in the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages outlined above. This is not an easy claim to make. The law governing punitive damages is extremely strict. A plaintiff must prove that the trucking company or driver committed fraud, malice, or willful misconduct to collect this type of monetary award.
In general juries award punitive damages in an attempt to penalize wrongdoers and send a message that this type of conduct will not be tolerated. If a jury decides that truck drivers were driving under the influence of drugs or speeding, and the jury decides to award hefty punitive damages, they hope it will discourage others from engaging in similar egregious conduct in the future.
It is crucial to remember that you must prove the negligence was not just an isolated incident or even an ongoing pattern of conduct or reckless indifference. Many truck accident lawyers are hesitant to file a punitive damages claim based on the usual allegations of reckless behavior. In a recent case for example, the court dismissed 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 to show that Garkusha's behavior before and during the incident exhibited an attitude of indifference towards the repercussions.
Damages to property caused by property
Due to their massive size and weight semi-trucks, commercial vehicles, and other large vehicles may cause more severe damage when they collide with smaller vehicles. As a result, victims of semi-truck accidents may be more severely injured and incur greater medical costs as compared to other motorist accidents.
Keep meticulous documents of all costs and losses related to your accident. This will enhance the value of any claim. For example, if you were injured in a truck accident and require multiple procedures, surgeries, physical therapy, and prescription medications, record every expense. Also should you note if your injuries caused you to miss work, note the loss of wages and future earnings potential.
Documenting any property damage is important. Record the current value of your vehicle and any other personal belongings damaged or destroyed due to the accident. This includes items like electronics, clothing, furniture, and other valuables. It is also important to keep track of any costs you pay for renting a car or going to appointments with a doctor.
Insurance companies usually contact victims of accidents right after a crash to offer settlements before the victim is given the chance to consult with a lawyer. Although these offers might seem attractive, they often don't compensate victims for all of their accident-related expenses. An experienced attorney can assist you in avoiding a small settlement and ensure that the party responsible pays for the entire value of your case.
Your attorney will gather and review all documents before giving them to the insurance company of the liable party as part your claim. They will also directly negotiate with the insurance company in order to receive damages that are fair and reflect the true value.