Truck Accident Compensation
You may be approached by the insurance company of the driver or company if you're the victim of a crash involving a truck. It is not recommended to contact these people without your attorney present.
In order to receive compensation you must prove that the truck driver and/or company failed to meet 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 care. This can result in expensive hospital bills and prescription drug costs. Many victims struggle to pay these costs and remain in debt long after the accident occurs. Accident victims who are injured can claim various damages, including their medical expenses.
Medical expenses include any out-of-pocket expenses resulting from an injury. They can include X-rays, MRIs and CT scans along with doctor visits and physical therapy sessions. In addition, out-of pocket expenses can include the cost of items such as wheelchairs and crutches. It is crucial to keep in mind all medical expenses. A knowledgeable attorney can help you determine what expenses are eligible for compensation.
Generally, the at-fault driver or their insurance company should pay your medical expenses. They will not be able to pay your medical expenses until you have resolved your case or the jury has awarded you compensation following a trial. This can take many years and you'll be responsible for the cost of medical bills out of pocket.
Insurance companies exist to cut costs and will employ any method in the book in order to cut their payouts. Their representatives may appear friendly and helpful, however any statements you make to them could be used against you in the future. Always consult with a knowledgeable lawyer before speaking with anyone from insurance companies.
sterling heights truck accident law firm can assist you with the claims process and assist you to fight for the full compensation. In some instances, it may be necessary to hire a medical professional or other professional to demonstrate the extent of your injuries and how they have affected your life.
Suffering and pain
A semi-truck crash can result in serious injuries. These injuries are often life-changing and cause long-term pain and suffering.
Truck accidents are often more emotionally painful because they can be so devastating. They can also result in greater consequences for the victim as well as their family, including lost income. If you've suffered serious injuries as a result of the accident of a truck, you can claim damages to be compensated for your physical pain and suffering.
The amount you could be entitled to in this section of your claim will vary. This is because it's often not possible to accurately measure the degree of your pain and suffering. There are guidelines that judges or jury could follow to determine the value of your injury. These can include medical documents of your injuries, evidence of an appointment with a mental health professional diaries or other forms of documentation about your day-today activities, as well as statements from friends or family members about how your injury has affected them.
Injuries such as a damaged spine or damage to the spinal cord can cause life-altering pain and loss of mobility. These injuries are often life-threatening and require ongoing treatment and surgical repair. They can also trigger psychological and physical symptoms such as depression, anxiety as well as shock, fear anger, insomnia, or post-traumatic stress disorder (PTSD).
If the fault of the responsible party caused the accident, they should be held accountable for the damages you've incurred. This is true, even if the party at fault was not driving at the time that the accident occurred. For example in the event that the driver was intoxicated or if they violated traffic or trucking laws. They may also be held liable for punitive damage.
Lost wages
You could be eligible for compensation for lost wages if injuries keep you from working for a prolonged period of time. This compensation is calculated according to the amount you could have earned had you not missed work because of your accident-related injuries. It doesn't matter if employed sick days or vacation time. But, you'll need to provide proof of your losses and earnings to the adjuster of your insurance. This is done by obtaining a document written from your doctor that details your medical condition as well as the amount of time you'll be absent from work, and your previous pay receipts.
You may also be able to claim damages if you experience a loss of enjoyment or quality of life. This is compensation for injuries that stop you from participating in your preferred hobbies or activities such as traveling. You can also claim back the loss of future income if your injuries permanently hindered you from returning to the same job in the future.
While non-economic losses are less tangible than lost wages and other financial losses, they can be significant. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in life. These are serious injuries, especially for victims who sustained serious injuries in a car accident, especially if injuries are internal organ-related. In extreme instances you could be able to claim punitive damages. These damages are intended to penalize the person responsible and discourage them from repeating the same rash behavior. These damages are not common but may be awarded when the truck driver is particularly reckless or negligent.
Punitive damages
You may be entitled to compensation for the loss of wages if injuries prevent you working in the same capacity. This is a major concern for many truck accident victims since they might not be able cover their everyday expenses without the income they earn from their job. The medical bills you incur can grow quickly. You will require an experienced lawyer for truck accidents to ensure that you get the maximum amount of money you can for your losses.
If the negligence of the truck driver or trucking company caused the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages mentioned above. However, this isn't an easy claim to be successful. The law governing punitive damages is very strict. A plaintiff must prove the trucking company's or driver's fraud, malice or willful misconduct to receive this type of monetary award.
Generally juries make punitive damages as an effort to punish those who have committed wrong and convey a message that such conduct will not be tolerated. If a juror determines that the truck driver was operating their vehicle under the effects of drugs or speeding, and the jury awards substantial punitive damages, they hope they will deter others from engaging in such egregious conduct in the future.
You must prove that the act was not a one-off incident, but rather a pattern of conduct or indifference. Because of this, a lot of truck accident attorneys are not confident in bringing a punitive damages claim based solely on boilerplate claims of reckless conduct. In a recent case, for example, the court dismissed a punitive damages claim filed by Garkusha who was driving a Quality Logistics truck at the time of the crash with Plaintiff. The Plaintiff had failed to present any evidence to show that Garkusha's behavior before and during the incident revealed an attitude of indifference to the consequences.
Damages for property damage
Due to their enormous size and weight semi-trucks, commercial trucks, and other large vehicles can cause more serious injuries when they collide with smaller vehicles. The result is that victims of semi-truck crashes may be more severely injured and incur greater medical costs than other victims of accidents.
Keep meticulous records of all expenses and losses that are a result of your accident. This will enhance the value of any claim. Note each expense, for example, when your injuries were brought on by a truck accident, and you require multiple surgeries or outpatient treatments physical therapy, and prescription medication. Also in the event that your injuries have caused you to miss work, note the loss of wages and future earning potential.
Documenting all property damage is equally important. If your car is damaged beyond repair or requires significant repairs, document the current value of the vehicle with any other personal items that were damaged or destroyed during the accident. This includes electronic devices, clothing, furniture, and other valuable items. You should also keep track of any expenses related to renting a vehicle or for travel to appointments with a doctor.
Insurance companies often reach out to victims of accidents right after the accident to offer settlements prior to the victim is given the chance to consult with a lawyer. These offers are tempting, but they do not provide compensation for the entire cost of the accident. A knowledgeable attorney can help you reject an offer of a low settlement and ensure that the liable party pays the full amount of your claim.
Your lawyer will gather and review all documentation needed before providing it to the responsible insurance company of the parties as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that reflect the true value of your losses.