Truck Accident Compensation
When you are a victim of a truck crash you could receive a call from the driver's or company's insurance provider. It is advised not to speak with these individuals without your attorney present.
You must prove that the truck driver or company breached their duty of care, and that the breach caused your accident. You may seek damages for:
Medical expenses
The injuries suffered in a collision with a truck typically require extensive medical treatment. This can result in expensive hospital bills as well as prescription drug costs. Many victims struggle to cover these costs and remain in debt long after the accident occurs. Accident victims who are injured can claim several damages, including their medical expenses.
Medical expenses refer to any out of pocket costs related to an injury. These expenses may include X rays, MRIs and CT scans, as in addition to doctor's appointments and physical therapy sessions. The cost of wheel chairs and crutches can also be a part of out-of-pocket costs. It is important to track all medical expenses and save receipts. An experienced attorney can identify what expenses are qualified for compensation and help you file a claim for these losses.
In general, the driver of the truck at fault or their insurance company should pay for your medical expenses. They will not cover your medical expenses until you've resolved your case, or the jury has awarded you compensation following a trial. This can take a long time and during that time, you'll need to pay for your medical expenses out of pocket.
Insurance companies are in the business of saving money and will employ every technique to reduce their payouts. They may seem friendly and helpful, but anything you say to them could be used against you in the future. Always seek out a knowledgeable legal counsel before speaking with any insurance company representatives.
Your lawyer can help you navigate the claims process and fight for your right to full compensation. In some instances, you may need to employ a medical expert to establish your injuries and the impact they've had on your life.
Pain and suffering
Getting hit by a semi-truck can result in severe injuries. These injuries can be life-changing and can cause pain and suffering for a long time.
Because truck accidents can be devastating, they can be more emotional than accidents which involve smaller vehicles. The victim's family and friends might also suffer more severe consequences for loss of income. If you've suffered severe injuries in a truck accident you may seek compensation for your physical and emotional suffering and pain.
The amount you're entitled to receive as a portion of your claim could vary. This is due to the fact that it's not always feasible to accurately determine the severity of your suffering and pain. However, there are guidelines that can help a judge or jury decide what your injury is worth. These include medical records of your injuries, evidence of a mental health professional's treatment, diaries or other forms of documentation about your day-today routine, and the statements of friends or family members about how your injury has impacted them.
Injuries like a fractured spine or spinal cord damage can result in life-threatening pain and loss of mobility. These types of injuries are typically life-threatening and require surgical repair and ongoing treatment. They can also trigger psychological and physical symptoms such as anxiety, depression and fear, shock, insomnia, anger, or post-traumatic stress disorder (PTSD).
If the person who was negligently responsible for the accident caused the accident, then they are accountable for any damages you have suffered. This is even if they were not driving at the time of the crash in the event that they were drunk or did not follow traffic laws or trucking laws. They can also be liable for punitive damages.
Lost wages
You may be entitled to compensation for your loss of wages if your injuries prevent you from working for a prolonged period of time. The amount of compensation you receive is determined by the amount you would have earned if not missed work due to injuries from accidents. It doesn't matter whether you took sick days or vacation time. However, you'll have to provide proof of your earnings and losses to the insurance adjuster. This evidence can be gathered through written documentation from your physician that specifies your medical condition and the amount of work you'll have to miss, as well as prior pay stubs and W-2s, and tax returns.
You can also claim damages in the event of a loss of enjoyment or quality of life. This compensation is for injuries that prevent you from enjoying your favorite hobbies or pastimes like traveling. You may also be eligible to recuperate future income losses if your injuries prevent you from returning to the same type of job in future.
Non-economic damage can be as serious as financial losses and lost wages. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in life. These can be serious damages particularly for those who sustained serious injuries in a truck accident, particularly if injuries are internal organ-related. In extreme cases the possibility of punitive damages is available. These are intended to punish the at-fault party and deter them from repeating the same reckless behavior in the future. These kinds of damages are extremely rare but they may be awarded when the truck driver was particularly negligent or reckless.
Punitive damages
If your injuries prevent you from working in the same capacity, you might be able to claim compensation for the loss of wages. This is a major concern for many truck accident victims since they might not be able to pay for their everyday expenses without the income they earned from their jobs. Additionally, your medical bills can add up quickly. You require a skilled truck accident lawyer to ensure that you receive the most compensation that you are entitled to for your losses.
You may be entitled to punitive damages along with compensatory damages. This isn't a straightforward claim. The law on punitive damages can be quite strict. In order to be awarded this type of monetary award, the plaintiff must show that the trucking business or its driver was guilty of fraud or malice or committed willful misconduct.
In general juries award punitive damages in an effort to punish the perpetrators of wrongdoing. They also wish to convey a clear message that such behavior will not be tolerated. If a jury finds that the truck driver was driving under the effects of drugs or speeding and the jury decides to award hefty punitive damages, they hope they will deter others from engaging in such unacceptable conduct in the future.
It is essential to keep in mind that you must prove the negligence was not an isolated incident or even an ongoing pattern of conduct or reckless indifference. This is why a lot of truck accident attorneys are not comfortable bringing a punitive damage claim based on boilerplate allegations of reckless conduct. In a recent instance for instance, the court disallowed the punitive damages claim made by Garkusha who was driving a Quality Logistics truck at the time of the crash with Plaintiff. The Plaintiff had failed to provide any evidence that Garkusha's conduct before and during the incident showed the pattern of reckless disregard towards the repercussions.
Damages for property damage
Due to their huge size and weight semi-trucks, commercial vehicles and other large-sized vehicles can cause more severe damage when they crash into smaller vehicles. In the end, victims of semi-truck accidents could suffer more severe injuries and incur higher medical expenses than other victims of accidents.
Keep meticulous notes of all expenses and losses related to your accident. This will help maximize the value of any claim. Record every expense, for example, when your injuries were caused by a collision with a truck, and you require multiple surgeries and outpatient treatments, physical therapy and prescription medication. Also If your injuries have caused you to miss work, document the loss of wages as well as future earning potential.
illinois truck accident lawyer of all property damage is important. If your vehicle is damaged beyond repair or requires major repairs, record the current value of the vehicle along with any other personal belongings that were damaged or destroyed during the accident. This includes furniture, electronics and clothing, as well as other valuable items. It is also important to keep track of any expenses you pay for renting a car or going to doctor's appointments.
Insurance companies often contact victims of accidents immediately following a crash to offer settlements prior to the victim has a chance to speak with a lawyer. Although these offers can be tempting, they usually do not fully compensate victims for all their accident-related expenses. A knowledgeable attorney can help you in avoiding a small settlement and in ensuring that the responsible party is compensated for the full value of your case.
Your lawyer will collect and review all documents before making them available 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 receive damages that reflect the actual value of your losses.