13 Things You Should Know About Truck Accident Lawsuit That You Might Not Know
How to File a Truck Accident Claim The majority of truck accidents occur due to negligence on the part a trucker or trucking company. Victims of injuries are usually required to file a lawsuit in order to get compensation for all accident-related costs. Medical bills are a typical expense for truck accident survivors. jersey city truck accident lawsuit may request an independent medical exam to determine the extent of your injuries and their impact on your daily life. Medical Care If you're involved in a car accident you must seek medical care to ensure your safety and health. Additionally, seeking medical attention as soon as you can makes it easier to document your injuries for use in your claim. This will also assist you to create a stronger claim that your injuries were caused by the accident. Medical expenses are an essential aspect of any personal injury claim. They demonstrate the severity of your injuries and how they affected your life. Without proper documentation of your injuries, you may not be able to claim the full amount of your damages. In some instances medical attention may be too extensive to prevent you from working or going back to normal activities. In this case you could be able to get compensation for the loss of income. You may also be entitled to reimbursement of the cost of any assistive device that you need to live a normal life. In the event of an accident, several parties could be held accountable for the crash of a truck. They include: Truck drivers: They could be employees of a company or those who have a contract to drive for a particular employer, or independent owner-operators. They operate their trucks for their own company or the shipper for whom they have an agreement. Truck drivers who are negligent, reckless or engage in unsafe driving may be accountable for the cause of an accident. Other drivers: If a driver's negligence contributed to an accident, the driver may be held responsible. Other drivers are frequently held responsible for truck accidents, particularly when the other driver was driving in a reckless manner or was distracted. The liable parties may try to minimize your claim, by avoiding the blame or recording the statement against you, or bribing you into admitting that they are at fault. This is the reason you need to work with an experienced truck accident lawyer. Your attorney will fight for your rights and ensure that the responsible party pays what you are due. Lost Wages While fender-benders and parking area scrapes are a common occurrence in passenger cars but the same cannot be said about truck crashes. These crashes are more serious and are more likely to result in permanent injuries and disabilities. They also carry heavy loads that put the occupants in greater danger. There are many different types of truck drivers. Owner-operators who own their vehicles and contract with shippers for a fee to haul goods or company drivers who drive vehicles owned by their employer. Both are at risk in the event of a collision involving a commercial vehicle, depending on the circumstances of the crash. Anyone who is injured in a truck crash and is unable to work could be entitled to compensation for lost wages. The amount they could have made during the time that they were unable to work because of their injuries will be used to calculate the compensation. This includes not only regular wages, but also benefits such as paid time off and overtime. In order to award damages for lost wages, a judge normally reads a letter from injured party's doctor, which provides a treatment plan and explains the reason they were unable to work. A letter from the individual's employer is also required. It is proof of their hourly or monthly wage, and the number of days they were unable to be at work due to their injury. Once the evidence has been gathered and your lawyer has gathered the evidence, they will draft an order that detail the amount you have suffered due to the truck accident. The package is sent to the insurer of the other driver. The package includes clearly stating the facts of the situation and the extent of your injuries and the amount you are requesting. Negotiations could involve back-and-forth communications. If a deal cannot be reached, your lawyer will file a lawsuit on your behalf. In the majority of instances, a claimant will recover lost wages from the bodily injury liability insurance of the driver at fault. If this isn't available, a person who was injured by an uninsured or underinsured motorist can make a claim through their car insurance company to the extent of their personal injury protection (PIP) coverage limit. Suffering and Pain Accidents involving trucks can cause physical pain and emotional distress along with financial loss. These non-economic damages are usually harder to estimate a dollar value on, however they do warrant monetary compensation. A skilled New York truck accident lawyer can review your case and determine the value of your non-economic injuries. One good example of non-economic losses is the inability to engage in hobbies or in favorite pastimes due to injuries. You could also be missing going on vacations and other activities that make life more enjoyable and you are entitled to compensation for this loss. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life. If you are injured in an accident with a huge truck, it is important to seek medical attention promptly. This will not only help you to keep your health in good shape but will also be a valuable document for any future personal injury claims. It's also important to get an accurate medical assessment even if the injuries seem to be minor at the moment. As time passes medical professionals can determine the severity of your injury and give you the correct treatment. Then, your attorney will go through all the evidence and create an order letter that outlines your needs for compensation. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. If they don't agree to your demands the lawyer will be ready to go to the court. This is a sign that you're not bending down and that they must treat you respectfully should they decide to offer you a fair settlement. Be prepared for the insurance company of the person who was at fault to contact you about the collision and any injuries you suffered. They are often “wolves in sheepskins” and will try to convince you to provide them information that they could twist and use against your settlement in court. By having your lawyer handle all communications with insurance companies and others, you'll be able to stay clear of making statements that could be used against you. Damages Damages are the most significant element of any truck accident claim. They could be financial like medical bills and lost wages, or non-economic, such as pain and suffering. In both instances, however, there is one thing that all damages share they are the result of another party's negligence. Therefore, to receive compensation for these losses, the victim of injury must show that the responsible party did not exercise reasonable care in operating or maintaining their vehicle or was reckless on the road. Even minor accidents can result devastating injuries due to weight and size. Even if you feel that your injuries aren't severe it is crucial to seek immediate medical care. This will not only ensure your health, but will also give you the necessary documentation for any potential injury claim. This will allow the insurance company to be aware of the full impact of your injuries and could hinder them from arguing you aren't as injured as you claim to be. Similarly, it is vital to keep a record of all expenses incurred in connection with your accident. You will need to keep all travel costs you incur to attend doctor's appointments as well as other treatments. Also the property damage that is caused by the accident. This includes your car that may be damaged in a serious crash, as well as personal items such as watches and other jewelry. It is normal for the insurance company of the responsible party company to attempt to contact you shortly after your crash to offer a settlement. You should not speak to them or accept a settlement offer prior to consulting with a knowledgeable truck accident lawyer. These representatives will often try to convince you to accept low offers that don't cover your injuries-related expenses. A reputable lawyer can examine your records and give you an accurate estimation of the value of your case. Your lawyer will also determine if additional damages, like punitive damage, are available. These are damages designed to punish the perpetrator, and discourage others from engaging similar behavior.