Truck Accident Compensation
You could be contact by the insurance company of the driver or company in the event that you have been the victim of a truck accident. It is not recommended to contact these people without your attorney present.
To be eligible for compensation You must prove that the truck driver or company failed to meet a duty of care and this breach caused the accident. The kinds of damages that you can seek include:
Medical expenses
Injuries sustained in a truck crash usually require extensive medical treatment. This can result in expensive medical bills and prescriptions. Many victims are unable pay for these costs, and they remain in debt even after the accident. Fortunately, injured victims of crashes are able to recover many damages, including medical expenses.
Medical expenses are any out-of-pocket expenses resulting from an injury. They could include X-rays MRIs and CT scans and doctor visits and physical therapy sessions. Other out-of-pocket expenses could include the cost of items like wheelchairs and crutches. It is important to keep track of all medical expenses. A skilled attorney can help you determine the expenses that are eligible for compensation.
In general, the truck driver at fault or their insurance should be responsible for medical expenses. They will not cover your medical expenses until you've settled your case or the jury has awarded you compensation after an appeal. This can take many years and you'll be responsible for the medical bills out of pocket.
Insurance companies are in the business of reducing costs and will use every trick in the book to reduce their payouts. They may appear nice and helpful, however anything you tell them can be used against you in the future. Always consult with a knowledgeable lawyer before speaking with any representatives from insurance companies.
A lawyer can help you navigate the claims process and fight for your rightful compensation. In certain situations it is necessary to retain a medical expert or other experts to prove the extent of your injuries and how they have affected your life.
Pain and suffering
A semi-truck collision can cause serious injuries. These injuries can cause life-changing consequences, and cause suffering and pain for a long time.
Because truck accidents are so devastating, they can be more emotionally devastating than crashes which involve smaller vehicles. They can also result in greater consequences for the victim as well as their family members, including loss of income. If you have suffered serious injuries as a result of an accident with a truck, you may be able to claim damages to compensate you for your physical pain and suffering.
The amount you could be entitled to for this portion of your claim will vary. This is because it's often not feasible to accurately determine the severity of your suffering and pain. However, there are some guidelines that can help a judge or jury decide what your injury is worth. This could include medical records of your injuries, evidence of the mental health professionals' treatment, diaries or other forms of documentation regarding your daily activities, and statements from family members or friends of how your injury has impacted them.
kenosha truck wreck lawyer or spinal cord damage can result in life-threatening pain and loss of mobility. These injuries are typically life-threatening and require ongoing treatment and surgical repair. They can also cause physical and psychological symptoms like anxiety, depression, or fear as well as shock, anger, insomnia or post-traumatic disorder (PTSD).
If the party who was negligent caused the accident, they are accountable for any damages you suffered. This applies even if they weren't driving at the time of the collision for instance, if they were drunk or had violated traffic or trucking laws. They may also be responsible for damages for punitive damage.
Lost wages
You may be entitled to compensation for lost wages if your injuries prevent you from working for a lengthy period of time. The amount of compensation is in accordance with the amount of money you could have earned had you not missed work due to injuries resulting from an accident. It doesn't matter that you took sick leave or a vacation. However, you will need to provide proof of your losses and earnings to the insurance adjuster. This can be done through written documentation from your physician that specifies your medical condition and the amount of work you are required to be unable to perform, as well as old pay stubs, W-2s and tax returns.
You can also seek damages in the event of a loss of enjoyment or quality of life. This is compensation for injuries that stop you from enjoying your favorite activities or hobbies such as traveling. You can also get compensation for future income loss if your injuries prevent you from returning to a similar kind of job in the future.
Non-economic damage can be as serious as financial losses and lost wages. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in life. These damages can be substantial especially for those who have suffered serious injuries in a truck accident, especially if the injuries are internal organ-related. In extreme cases punitive damages could be available. These are intended to punish the at-fault party and deter them from committing the same reckless actions in the future. These kinds of damages aren't common but may be granted when the truck driver has been deemed to be negligent or reckless.
Punitive damages
If your injuries stop you from working in the same capacity, then you may be able to collect compensation for the loss of wages. Many truck accident victims are concerned about this, as they may be unable to pay their daily expenses without the income that they earned from their job. Additionally, medical bills could mount up quickly. To ensure that you receive the highest amount of compensation for your losses, you need an experienced attorney who has handled truck accidents.
You may be entitled punitive damages in addition to compensatory damages. This is not an easy claim to make. The law on punitive damage is extremely strict. A plaintiff must prove the trucking company or driver was guilty of fraud, malice, or willful misconduct in order to obtain this kind of award.
In general juries award punitive damages as a way of punishing the perpetrators of wrongdoing. They also aim to send a clear message that such behavior will not be tolerated. If a jury finds that truck drivers were driving their rig under the under the influence of drugs or speeding and the jury decides to award hefty punitive damages, they hope this will discourage others from engaging in such outrageous conduct in the future.
It is vital to note that you must show the negligence was not just a single incident and not a continuous pattern of conduct or indifference. Many truck accident lawyers are reluctant to bring a punitive damages claim based solely on boilerplate accusations of reckless behavior. In a recent case as an instance, the court struck down a punitive damages lawsuit brought by Garkusha who was driving a Quality Logistics truck at the time of the collision with Plaintiff. The Plaintiff had failed to present any evidence to show that Garkusha's behavior prior to and during the incident exhibited the pattern of reckless disregard to the consequences.
Damages for property damage
Due to their enormous size and weight semi-trucks and commercial trucks and other large-sized vehicles can cause more serious injuries when they collide with smaller vehicles. Therefore, the victims of semi-truck accidents could suffer more severe injuries and have higher medical costs as compared to other motorist accidents.
To maximize the value of your claim, it is vital to keep careful records of all incident-related expenses and losses. Keep track of each expense, for example, in the event that your injuries were triggered by a collision with a truck, and you require multiple surgeries or outpatient treatments, physical therapy and prescription medication. Also, if your injuries have caused you to miss work, note the loss of wages and future earnings potential.
It is also crucial to document any damage to property. If your vehicle is a total loss or requires major repairs, note the current value of the vehicle along with any other personal belongings that were damaged or destroyed in the accident. This includes electronics, furniture and clothing, as well as other valuable items. In addition, if had to lease a vehicle or travel to a doctor's appointment note the cost and document any other costs associated with these trips.
Insurance companies contact accident victims within a short time after a crash to offer settlements prior to when 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 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 submitting them to the insurance company of the liable party as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that reflect the real worth of your losses.