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Truck Accident Compensation When you are a victim of a collision with a truck You may get a call from the driver's or company's insurance provider. It is recommended to avoid speaking with those individuals unless your attorney is present. In order to receive compensation You must prove that the truck driver or company failed to meet a duty of care and the breach led to the accident. You can claim damages for: Medical expenses The injuries suffered in a collision with a truck often require extensive medical treatment. This can lead to expensive medical bills and prescriptions. A lot of victims are unable pay these expenses and remain in debt after the accident. Fortunately, victims of accidents are able to claim various damages, including medical expenses. Medical expenses encompass all out-of the pocket expenses incurred as a result of an injury. These costs can include X rays, MRIs and CT scans as well as doctor's visits and physical therapy sessions. The cost of wheelchairs and crutches can be included in out-of-pocket expenses. It is important to track the medical expenses of all patients and keep receipts. A knowledgeable attorney can help you determine what expenses are eligible for compensation. Generally speaking, the at-fault truck driver or their insurance policy should be able to cover medical expenses. However, they will only do so if your case is settled or a jury awards you compensation after a trial. This could take a long time and you will be responsible for the cost of medical bills out of your pocket. Insurance companies exist to make money and employ any method in the book in order to reduce their payouts. They may appear friendly and helpful but anything you say to them can be used against you later. It is always best to consult with an experienced legal advocate before speaking with any insurance company representatives. Your lawyer will assist you with the claims process and assist you fight for your full compensation. In certain cases you may have to engage a medical professional to prove your injuries and the impact they've had on your life. Suffering and pain Getting hit by a semi-truck can cause severe injuries. These injuries can be life-changing and can cause long-term pain and suffering. Truck accidents can be emotionally painful because they can be so devastating. They also have greater consequences for the victim and their family, including lost income. If you've suffered severe injuries in the accident of a truck, you may be able to sue for damages to compensate you for the physical pain and suffering you endured. The amount of money that you are entitled to as a result of this portion of your claim may vary. This is because it's often not possible to accurately measure the extent of your pain and suffering. There are guidelines that a judge or jury could use to determine the worth of your injury. These can include medical documentation of your injuries evidence of the mental health professionals' treatment diaries or other kinds of documentation about your daily activities, as well as statements from friends or family members about how your injuries have affected them. A spinal cord injury or broken back can result in severe mobility and pain. These injuries are usually life-threatening, and require ongoing treatment and surgical repair. They can also cause physical and psychological symptoms, including depression, anxiety or fear or anger, shock, insomnia or post-traumatic disorder (PTSD). If the at-fault party's negligence led to the accident, they should be held accountable for the harm you've suffered. This is true even if the person at fault was not driving at the time the accident took place. For example when the driver was intoxicated or if they violated traffic or trucking laws. They can also be held liable for punitive damages. Loss of wages If your injuries prevent you from working for a prolonged period of time, you may be entitled to recover lost wages. The amount of compensation you receive is determined by the amount you could have earned if not missed work because of your injuries from accidents. It doesn't really matter whether you took sick time or a vacation. But, you'll need to prove your earnings and losses to the adjuster of your insurance. This evidence can be gathered by submitting a written document from your physician that specifies your medical condition and how much work you'll have to skip, as well as the previous pay stubs, W-2s, and tax returns. It is important to know that you are also able to claim damages for the loss of enjoyment and quality of life. This is compensation for injuries that prevent you from participating in your preferred pastimes or hobbies like travel. It is also possible to recover future income lost if your injuries prevent you from returning to the same job in the future. While non-economic damage is less tangible than lost wages or other financial losses, they can still be significant. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These damages can be substantial especially for those who suffered serious injuries in a truck accident, especially if the injuries are internal organ-related. In extreme cases you could be able to claim punitive damages. These damages are meant to penalize the person responsible and deter them from repeating the same rash behavior. These are not common, but they can be awarded when the truck driver was reckless or negligent. Punitive damages If your injuries keep you from working in the same capacity, you may be eligible for compensation for the loss of wages. Many truck accident victims are worried about this, as they may be unable to meet their daily expenses without the income that they earned from their work. In addition, your medical bills could mount up quickly. You need an experienced truck accident lawyer to ensure that you receive the maximum amount of money that you are entitled to for your losses. If the negligence of the truck driver or trucking company resulted in your injuries, you may be entitled to punitive damages in addition to the compensatory damages discussed in the previous paragraphs. This is not a simple claim to make. The law on punitive damages is extremely strict. A plaintiff must show that the trucking company or driver committed fraud, malice or willful misconduct to claim this type of award. In general juries award punitive damages in order to penalize the perpetrators of wrongdoing. They also seek to send a clear message that such behavior will not be tolerated. If a jury determines that the truck driver was driving their vehicle under the influence of drugs or speeding, and the jury awards hefty punitive damages, they hope it will discourage others from engaging in the same shocking conduct in the near future. You must prove that the lapse was not a one-off incident, but rather a pattern of conduct or indifference. Because of this, a lot of truck accident attorneys are not comfortable bringing a punitive damage claim solely on boilerplate allegations of reckless behavior. In a recent case, for example the court ruled against the punitive damages claim made against Garkusha who was driving a truck owned by Quality Logistics at the time of his collision with Plaintiff as the Plaintiff failed to present any evidence that Garkusha's conduct prior to and during the crash showed a pattern or a lack of attention to the consequences. Damages for property damage Due to their huge size and weight semi-trucks, commercial trucks, and other large vehicles could cause more severe damage when they crash into smaller vehicles. As a result, victims of semi-truck crashes may be more severely injured and incur higher medical expenses than victims in other vehicle accidents. Keep meticulous logs of all expenses and losses resulting from your accident. This will enhance the value of any claim. Note each expense, for instance, in the event that your injuries were triggered by a truck accident, and you require multiple surgeries and outpatient treatments, physical therapy and prescription medications. Also in the event that your injuries have caused you to miss work, record the loss of wages as well as future earnings potential. Recording all property damage is important. If your vehicle is destroyed completely or requires significant repairs, document the current value of the vehicle along with any other personal items that were damaged or destroyed in the accident. This includes electronics, clothing furniture, furniture and other valuable items. In addition, if needed to hire a car or travel for doctor's appointments note the cost and record any other expenses that are associated with these travels. moreno valley truck accident law firm after an accident to offer settlements before the victim has an opportunity to speak with a lawyer. These offers can be tempting however, they don't compensate victims for their entire accident-related expenses. An experienced attorney can assist you in avoiding accepting an offer for a small settlement and ensure that the responsible party pays the full value of your claim. Your lawyer will gather and review all documentation needed before sending it to the responsible insurance company of the parties as part of your claim. They will also negotiate directly with the insurance company to get damages that are fair and reflect the actual value.