Truck Accident Compensation
If you're a victim of a truck accident, you may receive contact from the insurance company of the driver or provider. It is advised not to contact these people without your attorney present.
To receive compensation You must prove that the truck driver or company violated a duty of care and the breach led to your accident. You may seek damages for:
Medical expenses
The injuries sustained in a car accident usually require extensive medical attention. This could result in costly hospital bills and prescription drug expenses. Many victims struggle to cover these costs and remain in debt long after the crash occurs. Fortunately, victims of accidents can claim a variety of damages, including medical expenses.
Medical expenses are any out-of-pocket expenses related to an injury. These costs can include X-rays, MRIs and CT scans, as in addition to doctor's appointments and physical therapy sessions. The cost of crutches and wheel chairs could be included in out-of-pocket expenses. It is essential to keep the track of all medical expenses. A skilled attorney can help you determine which expenses are eligible for compensation.
Generally, the at-fault truck driver or their insurance policy must cover your medical expenses. They will not be able to pay your medical expenses until you've resolved your case or a jury has awarded you compensation following an investigation. This could take a long time and you will be responsible for the medical bills out of pocket.
Insurance companies exist to save money, and will employ any trick in the book to cut their payouts. Their representatives are often friendly and helpful, but any comment you make to them may be used against you in the future. Always consult a lawyer with experience before speaking to anyone from insurance companies.
Your lawyer will guide you through the claims process and help you fight for full settlement. In certain situations, it may be necessary to hire a medical professional or other experts to prove the extent of your injuries and how they've affected your life.
Suffering and pain
A semi-truck accident could cause serious injuries. These injuries can be life-altering and can cause lasting suffering and pain.
Because truck accidents are so devastating, they are more emotionally devastating than crashes which involve smaller vehicles. They can also result in greater consequences for the victim and their family members, including loss of income. If you've suffered severe injuries as a result of the accident of a truck, you can seek damages to compensate you for your physical pain and suffering.
The amount you are entitled to receive for this part of your claim might vary. This is because it may be difficult to accurately quantify the amount of pain and suffering you endured. However, there are guidelines that can help a judge jury determine what your injury is worth. These could include medical reports of your injuries, evidence of an appointment with a mental health professional diaries or other kinds of documentation regarding your daily routine, and the statements of family members or friends of how your injuries have affected them.
Broken spine or spinal cord damage can cause life-threatening pain as well as loss of mobility. These types of injuries are usually life-threatening and require surgical repair as well as ongoing treatment. They can also trigger physical and psychological symptoms, such as anxiety, depression or fear, anger, shock, insomnia or post-traumatic disorder (PTSD).
If the negligent party caused the accident, they are responsible for any damages you suffered. This is the case even if the at-fault party was not driving at the time the accident took place. For instance in the event that the driver was drunk or violated traffic or trucking laws. They may also be held responsible for punitive damages.
Lost wages
You may be eligible for compensation for lost wages if injuries keep you from working for a prolonged period of time. The amount of compensation is according to the amount of money you would have received had not missed work due to your accident-related injuries. It doesn't matter if you took sick days or vacation time. However, you'll have to prove your losses and earnings to the adjuster of your insurance. This proof can be obtained by submitting a written document from your physician, which details your medical condition and how much work you are required to skip, as well as previous pay stubs, W-2s and tax returns.
It is important to remember that you are also able to seek damages for loss of enjoyment and quality of life. This compensation is for injuries that prevent you from doing your favorite activities or hobbies like traveling. You may also recover lost future income if your injuries have prevented you from resuming the same type of job in the near future.
Non-economic damages can be as significant as the financial loss and loss of wages. Some examples include suffering and pain and disfigurement or scarring, and loss of enjoyment of life. These types of damages could be significant for victims who sustained serious injuries as a result of a truck crash particularly if the injuries affect internal organs. In extreme instances, you might be able to seek punitive damages. These damages are designed to punish the party at fault and discourage them from repeating the same reckless behavior. These kinds of damages aren't common but they are given when a truck driver has been particularly negligent or reckless.
Punitive damages
You could be entitled to compensation for lost wages if injuries prevent you working in the same capacity. Many victims of truck accidents are worried about this, because they may not be able to cover their expenses without the income they received from their jobs. Additionally, your medical bills could mount up quickly. To ensure jacksonville truck accident lawsuit receive the maximum compensation for your losses, you'll need an experienced lawyer for truck accidents.
If the negligence of the truck driver or the trucking company resulted in the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages discussed above. This is not an easy claim to make. The law governing punitive damages is extremely strict. To receive this type of monetary award, a plaintiff must establish that the trucking company or its driver was guilty of fraud or malice or committed willful conduct.
In general juries award punitive damages in an effort to punish the perpetrators of wrongdoing. They also want to send a clear message that this kind of behavior will not be tolerated. For instance in the event that a jury decides that the driver of the truck was operating their vehicle under the influence of intoxicants or speeding, the expectation is that the significant punishment will deter others from engaging in this type of shady behavior in the future.
It is important to note that you have to prove that the negligence was not just one incident or even an ongoing pattern of conduct or reckless indifference. Because of this, a lot of truck accident attorneys are not comfortable bringing a punitive damage claim based solely on boilerplate claims of reckless behavior. In a recent case 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, based on the fact that the Plaintiff failed to present any evidence that Garkusha's behavior right before and during the accident showed the pattern of reckless disregard to the consequences.
Damages for property damage
Semi-trucks, trucks, and other large vehicles, due to their weight and size can cause more serious damage when they collide with smaller vehicles. In the end, victims of semi-truck accidents may suffer more severe injuries and incur more medical expenses as compared to other motorist accidents.
Keep meticulous documents of all costs and losses that are a result of your accident. This will enhance the value of any claim. Document each expense, for example, when your injuries were brought on by a truck crash, and you require multiple surgeries or outpatient treatments, physical therapy and prescription medications. Also If your injuries have caused you to miss work, write down the loss of wages and future earnings potential.
The documentation of all property damage is equally important. Record the current value of your car and any other personal items damaged or destroyed caused by the accident. This includes electronics, clothing furniture, furniture, and other valuable items. Also, if you've had to rent a vehicle or travel for doctor appointments, record the expense and note any other expenses connected to these trips.
Insurance companies contact accident victims immediately following a crash and offer settlements, before the victim is able to speak with an attorney. These offers can be tempting however, they don't compensate victims for their full cost of the accident. A skilled attorney will help you avoid accepting a low settlement offer and ensure that the responsible party pays the full amount of your claim.
Your attorney will gather and review all documents prior to submitting them to the insurance company of the responsible party 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.