Truck Accident Compensation
You may be approached by the insurance company of the driver, or by the company when you are the victim of a collision with a truck. It is advised to avoid speaking with them unless you have an attorney present.
In order to receive compensation, you must prove that the truck driver or company breached their duty of care and that this breach caused your accident. The types of damages that you can seek include:
Medical expenses
The injuries suffered in a collision with a truck usually require extensive medical attention. This can lead to expensive hospital bills as well as prescription costs. A lot of victims are unable pay these expenses, and they remain in debt after the accident. Fortunately, injured crash victims are able to claim a variety of damages including medical expenses.
Medical expenses refer to any out of pocket costs related to an injury. They could include Xrays, MRIs and CT scans and visits to the doctor and physical therapy sessions. Other out-of-pocket expenses could include the cost of things like wheelchairs and crutches. It is essential to keep track of all medical expenses and keep receipts. A knowledgeable attorney can help you determine which expenses are eligible for compensation.
In general, the driver of the truck at the fault or their insurance company should be able to cover medical expenses. However, they will only do so if your case is settled or a jury gives you a settlement after an appeal. This could take a long time, and in the meantime, you will have to pay for medical expenses out of your own pocket.
Insurance companies are in the business of saving money, and will employ every trick in the book to reduce their payouts. Their representatives are often welcoming and helpful, but any statement you make to them can be used against you in the future. Always seek out a knowledgeable legal advocate prior to speaking with any representatives of insurance companies.
Your lawyer can assist you navigate the claims process and fight for your right to full settlement. In certain situations you may need to engage a medical professional to establish your injuries and the impact they've had on your life.
Suffering and pain
A semi-truck collision can cause serious injuries. These injuries could be life-changing and can cause suffering and pain for a long time.
Truck accidents are often more emotionally painful because they can be so devastating. The family members of the victim may also suffer greater consequences like loss of income. If you've suffered severe injuries in a truck accident, then you may be able to pursue damages to pay for the physical pain and suffering you endured.
The amount of money that you could be entitled to as a result of this portion of your claim can vary. This is due to the fact that it's rarely feasible to accurately determine the severity of your pain and suffering. However, there are guidelines that can help a judge or jury determine what your injury is worth. This could include medical reports of your injuries, evidence of a mental health professional's treatment diaries or other kinds of documentation about your daily activities, as well as statements from relatives or friends on the impact your injury has had on them.
A spinal cord injury or a broken back can cause severe discomfort and loss of mobility. These kinds of injuries are usually life-threatening and require surgical repair and ongoing treatment. They can also cause physical and psychological symptoms like anxiety, depression, fear or anger, shock and insomnia. They can also trigger post-traumatic disorders (PTSD).
If the responsible party caused the accident, they are accountable for any damage you suffered. This is true, even if at-fault party was not driving at the time the accident occurred. For example that the person was drunk or violated traffic or trucking laws. They may also be liable for punitive damages.
Lost wages
If injuries prevent you from working for an extended time, you could be entitled to compensation for the lost wages. This compensation is based on the amount you could have earned if you had not been unable to work due to your injury from an accident. It doesn't matter whether you took sick leave or vacation. You'll need to provide evidence to the adjuster of your losses and income. This evidence can be obtained through written documentation from your doctor, which outlines your medical condition and the amount of work you'll have to not miss, along with old pay stubs, W-2s and tax returns.
It is important to remember that you can also claim damages for the loss of enjoyment and quality of life. This compensation is for injuries that hinder you from enjoying your favorite hobbies or activities like traveling. You may also be able to recover lost income in the future if your injuries permanently hindered you from returning to the same type of job in the future.
Although non-economic damages aren't as tangible than lost wages and other financial losses, they can still be significant. Examples include suffering and pain as well as disfigurement or scarring and a loss of enjoyment life. These types of damages can be significant for victims who have suffered serious injuries as a result of a crash involving a truck particularly when the injuries involve internal organs. In extreme cases punitive damages could be available. These are intended to punish the person who is at fault and stop them from committing similar reckless behavior in the future. These damages are not common however, they can be granted when the truck driver was particularly reckless or negligent.
Punitive damages
If your injuries keep you from working in the same capacity, you may be able to claim compensation for your lost wages. This is a major issue for many truck accident victims since they might not be able to pay for their daily expenses without the income they earn from their work. Additionally, medical bills can mount quickly. You will require an experienced lawyer for truck accidents to ensure that you get the maximum amount of compensation that you are entitled to for your losses.
You could be entitled to punitive damage in addition to compensatory damages. However, this isn't an easy claim to win. The law on punitive damage is very strict. A plaintiff must prove that the trucking company or driver committed fraud, malice, or willful misconduct to claim the amount of money awarded.
In ontario truck accident attorney award punitive damages in an effort to punish wrongdoers. They also seek to send a clear message that this kind of behavior will not be tolerated. For example when a jury determines that the truck driver was operating their truck under the influence of alcohol or drugs or speeding up, the hope is that the significant damages awarded will deter others from engaging in this kind of behavior in the future.
It is crucial to remember that you must prove the negligence was not a single incident or even an ongoing pattern of conduct or reckless indifference. Many truck accident lawyers are reluctant to file a punitive damages claim based on a boilerplate accusation of reckless behavior. In a recent case, for instance the court rejected the punitive damages claim brought against Garkusha who was driving a truck owned by Quality Logistics at the time of his collision with the Plaintiff, based on the fact that the Plaintiff did not present any evidence that Garkusha's conduct right before and during the accident showed an unintentional disregard to the consequences.
Damages to property caused by property
Due to their huge size and weight semi-trucks, commercial vehicles, and other large vehicles can cause more serious damage when they collide with smaller vehicles. Therefore, the victims can suffer more severe injuries and more medical expenses than those who suffer from other car accidents.
To maximize the value of your claim it is essential to keep meticulous records of all expenses related to accidents and losses. For instance, if you were injured in a car accident and require multiple procedures, surgeries, physical therapy, and prescription drugs, note every expense. Record your lost wages, and the potential for future earnings even if you've been off work due to your injuries.
Documenting all property damage is also very important. If your vehicle is total loss or requires significant repairs, record the current value of the vehicle with any other personal belongings that were damaged or destroyed in the accident. This includes clothing, electronics furniture, furniture, as well as other valuable items. It is also important to keep track of any costs you pay for renting a car or for travel to appointments with a doctor.
Insurance companies often reach out to victims of accidents immediately following an accident to offer settlements before the victim has an opportunity to consult with an attorney. While these offers may seem attractive, they often don't compensate victims for all of the expenses incurred by accidents. A knowledgeable attorney will help you avoid accepting an offer of a low settlement and ensure that the responsible party is responsible for the full amount of your claim.
Your lawyer will collect and review all documents before giving them to the insurance company of the responsible party as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that reflect the actual worth of your losses.