Truck Accident Compensation
If you're a victim of a truck collision you could receive a call from the driver's or company's insurance provider. It is not recommended to talk with them without your attorney present.
To receive compensation You must prove that the truck driver and/or company violated a duty of care and that the breach led to the accident. You can claim damages for:
Medical expenses
The injuries caused by a truck crash often require extensive medical treatment. This could result in high hospital bills and prescription expenses. Many victims struggle to cover these expenses and are in debt long after the incident occurs. Injured crash victims can recover various damages, including medical expenses.
Medical expenses cover all out of the pocket expenses incurred as a result of an injury. They can include X-rays, MRIs and CT scans, as well as visits to the doctor and physical therapy sessions. The cost of wheelchairs and crutches could also be a part of out-of-pocket costs. It is essential to keep track of every medical expense and save receipts. An experienced attorney can identify the expenses that are qualified for compensation and help you submit a claim to cover these losses.
Generally speaking, the at-fault truck driver or their insurance policy must cover your medical expenses. However, they will only do so when your case settles or a jury decides to award you compensation following the trial. This could take a long time, and during that time, you'll be required to pay for your medical expenses out of pocket.
Insurance companies exist to cut costs and will employ every trick that they can find to lower their payouts. They may appear nice and helpful, however anything you say to them can be used against later. Always consult an experienced lawyer before speaking to anyone from insurance companies.
Your lawyer can help you navigate the claims process and help you fight for full compensation. In some instances, you may need to hire a medical expert to establish your injuries and the impact they've had on your life.
Suffering and pain
Being struck by a semi-truck can cause severe injuries. These injuries could be life-changing and cause suffering and pain for a long time.
Because truck accidents are destructive, they can be more emotional and stressful than crashes that involve smaller vehicles. The victim's family could also be impacted more severely for loss of income. If you've suffered severe injuries in a truck accident you may be able to seek damages for your physical and emotional suffering and pain.
The amount you are entitled to receive for this part of your claim might vary. This is due to the fact that it's not always possible to determine accurately the severity of your suffering and pain. There are guidelines that a judge or jury may use to determine the value of your injury. jacksonville truck accident attorney include medical records of your injuries, evidence of the mental health professionals' treatment diaries, diaries or other types of documentation about your day-today activities, and statements from family members or friends about how your injury has impacted them.
Injuries such as a damaged spine or spinal cord damage can cause life-threatening pain and loss of mobility. These types of injuries can be life-threatening and require surgical repair as well as ongoing treatment. They can also trigger physical and psychological symptoms, like depression, anxiety or fear as well as shock, anger, insomnia or post-traumatic disorder (PTSD).
If the negligence of the party at fault led to the accident, they must be accountable for the injuries you've suffered. This is true, even if at-fault party was not driving at the time that the accident occurred. For instance when the driver was drunk or violated traffic or trucking laws. They can also be liable for punitive damages.
Lost wages
If injuries prevent you from working for a long period of time, you may be entitled to a reimbursement of the lost wages. The amount of compensation you receive is determined by how much you could have earned had you not been unable to work due to your injury from an accident. It doesn't matter that you took sick leave or a vacation. But, you'll need to prove your losses and earnings to the insurance adjuster. This can be accomplished through obtaining a written statement from your doctor detailing your medical condition, the amount of time you will miss at work, and any previous pay statements.
You may also be able to claim damages if you suffer a loss of enjoyment or quality of life. This type of compensation is for injuries that stop you from engaging in your favorite pastimes and activities, such as traveling or doing hobbies. It is also possible to get compensation for future income loss when your injuries hinder you from returning to the same type of job in future.
Although non-economic damages aren't as tangible than lost wages and other financial losses, they can still be substantial. Some examples include suffering and pain and disfigurement or scarring, and a loss of enjoyment life. These types of damages can be significant for those who have suffered serious injuries as a result of a crash involving a truck particularly if the injuries involve internal organs. In extreme circumstances punitive damages could be available. These damages are meant to penalize the person responsible and discourage them from repeating the same reckless conduct. These types of damages are very rare but they may be awarded in the event that the truck driver was particularly reckless or negligent.
Punitive damages
If your injuries stop you from working in the same capacity, you could be able to collect compensation for the loss of wages. Many victims of truck accidents are worried about this, because they may not be able to cover their expenses without the income they earned from their jobs. Additionally, your medical bills can mount up quickly. It is essential to hire a seasoned truck accident lawyer to ensure that you receive the most amount of compensation possible for your losses.
You may be entitled punitive damage in addition to compensatory damages. This isn't an easy claim to make. The law regarding punitive damages is extremely strict. To be eligible for this type of financial award, a plaintiff must establish that the trucking company or its driver committed fraud or willful misconduct.
Generally juries decide to award punitive damages in an effort to punish those who have committed wrong and send a message that such conduct will not be tolerated. For example, if a jury finds that the driver of the truck was operating their truck under the influence of alcohol or drugs or speeding, the expectation is that the huge damages awarded will discourage others from engaging in this egregious conduct in the future.
It is crucial to remember that you must show the negligence was not one incident, but rather an ongoing pattern of conduct or reckless indifference. This is why a lot of truck accident lawyers aren't at ease bringing a punitive damages claim based solely on boilerplate claims of reckless behavior. In a recent instance for instance, the court struck down the punitive damages claim made 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 showed an attitude of indifference towards the repercussions.
Damages to property caused by property
Semi-trucks, trucks and other large vehicles, because of their size and weight, can cause more serious injury when they collide with smaller vehicles. The result is that victims of semi-truck accidents may suffer more severe injuries and incur higher medical expenses than other victims of accidents.
Keep meticulous logs of all expenses and losses that are a result of your accident. This will help maximize the value of any claim. For instance, if you were injured in a car accident and require multiple procedures, surgeries or physical therapy, as well as prescription medications, record every expense. Also If your injuries have caused you to miss work, record the loss of wages and future earning potential.
Recording all property damage is important. If your vehicle is total loss or requires significant repairs, document the current value of the vehicle along with any other personal belongings that were damaged or destroyed during the accident. This includes electronics, furniture, clothing and other valuable items. In addition, if you've needed to hire a car or travel for doctor appointments take note of the expense and record any other costs connected to these trips.
Insurance companies usually contact victims of accidents immediately following a crash to offer settlements prior to the victim has an opportunity to speak with an attorney. Although these offers might seem attractive, they often don't compensate victims for all their accident-related expenses. An experienced attorney can assist you in avoiding a small settlement and ensure that the responsible party pays for the full amount of your case.
Your attorney will gather and review all documents before submitting them to the insurance company of the liable party as part of your claim. They will also direct negotiate with the insurance company in order to receive damages that are reasonable and reflect the real value.