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How to File a Truck Accident Claim The majority of accidents involving trucks are caused by negligence on the part of the truck driver or a trucking company. Victims of injuries often need to file a lawsuit to get full compensation for any incident-related costs. Medical bills are a typical expense for truck accident survivors. The insurance company for the liable party may require an independent medical examination in order to be able to see the extent of your injuries and how they impact your daily routine. Medical Care When you are in a car accident you must seek medical attention to ensure your safety and health. In getting medical attention as soon as you can allow you to document the injuries you sustained in order to use them as evidence in your claim. This will help you to create an argument that your injuries are the result of by the accident. Medical expenses are a crucial aspect of any personal injury claim. They demonstrate the extent of your injury and how it has affected your life. Without proper documentation of your injuries, you could be unable to recover the full amount of compensation for all your damages. In some instances medical attention may be so extensive that it stops you from working or going back to normal activities. In this situation you could be entitled to compensation for your loss of income. You could also be eligible for reimbursement of the cost of any assistive device that you require to lead an ordinary life. As in any accident, there are several parties that could be held liable for a truck accident. These parties include: Truck drivers: Truck drivers can be company employees who are under a contract to work for a specific employer or independent owner-operators who operate their trucks for themselves or a shipping company they contract with. Truck drivers who are reckless, negligent or engaged in unsafe driving could be held accountable for causing an accident. Other drivers: If a driver's negligence contributed to a crash, that person might be held liable. Other drivers are usually accountable for truck accidents, especially when the other driver was driving recklessly or distracted. The liable parties might attempt to reduce your claim by deflecting blame, recording your statements against you, or tricking you into admitting fault. You should hire an experienced attorney for truck accidents. Your attorney will fight for your rights and ensure the liable party pays you what you owe. Lost Wages While fender-benders as well as parking lot scrapes are a common occurrence in passenger cars However, the same cannot be said of truck accidents. These kinds of accidents are more severe and are more likely to result in long-term injuries and permanent disabilities. These crashes also involve more weight, which can expose occupants to greater risk. There are a variety of truck drivers. Owner-operators who own their trucks and contract with shippers for a cost to transport goods, or company drivers who operate vehicles that are owned by their employer. Both are at risk in the event of a collision involving commercial vehicles, based on the circumstances of the accident. A person who is injured in a crash involving a truck and is unable work, may be entitled to compensation for the loss of wages. They are based on the amount of the money they could have earned in the time they could not work because of their injuries. This includes regular wages as well as benefits such paid time off or overtime. A judge will usually review the doctor's report prior to awarding damages to the injured party for the loss of wages. The letter must explain the treatment plan as well as the reasons they were unable go to work. A letter from their employer confirming their hourly wage, salary and the number of days that they were unable to work due to the injury is also required. After all evidence has been obtained, your lawyer will prepare an order form that outlines the amount you've lost due to the truck crash. It is then sent as a clear message to insurance company of the other driver, detailing the details of the case and the extent of your injuries. There could be back and forth communication throughout the negotiation process and if a deal is not reached, your lawyer will bring a lawsuit on your behalf. In the majority of instances, a claimant will claim back wages lost due to the bodily injury liability coverage of the driver who was at fault. If this isn't available or not available, the person who was injured by an uninsured or underinsured driver can claim compensation through their car insurance company, up to their personal injury protection (PIP) coverage limit. Pain and Suffering In addition to financial loss truck accidents can result in substantial emotional and physical pain. These non-economic damages are difficult to quantify, but they require compensation in the form of money. A knowledgeable New York truck accident lawyer can evaluate your case and determine the potential value of your non-economic damages. Injury can force you to not be able to participate in your preferred hobbies or pastimes. You may also miss out on vacations or other activities that enrich your life and you should be compensated for this loss. Loss of consortium and loss of enjoyment of life are also examples of non-economic damages. If you're injured in an accident with a huge truck, it's crucial to seek medical attention right away. This will not only help you stay healthy, but it will be a vital piece of evidence for any future personal injury claim. Even if santa barbara truck wreck lawyer appears minor, it's important to get a thorough analysis. Over time an expert in medical care can determine the severity of your injury is and give you the right treatment. Then, your attorney will then review all evidence and draft an order letter that outlines your requirements for compensation. Your lawyer will forward the letter to the party responsible and their insurance companies. If they refuse to settle your demands then your lawyer will be ready to take them to the court. This indicates that you're not bending down and that they must treat you respectfully in the event that they want to pay you a fair amount of compensation. Be prepared for the insurance company of the person who was at fault to contact you regarding the accident and any injuries that you suffered. They are often “wolves in sheepskins” and will attempt to obtain 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 make sure that you don't make any statements that could be used against you. Damages The most important part of an accident claim involving a truck is damages. These can be financial like medical bills and lost wages, or not, like pain and suffering. All damages are caused by negligence. In order to claim compensation for these losses, the victim of injury must prove that the responsible party failed to exercise reasonable care while operating or maintaining their vehicle, or acted recklessly on the road. Due to the immense weight and size of these vehicles, the victims can sustain severe injuries in even the most minor of accidents. Even if your injuries aren't too serious It is imperative to seek medical attention immediately. This will not only safeguard your health and well-being but also provide crucial documentation for your potential injury claim. This will allow the insurance company to be aware of the full impact of your injuries. It may also hinder them from arguing you're not as injured as you claim. It is also important to keep track of any expenses that you incur as a result of your accident. This includes expenses you incur for getting to doctor's appointments or other treatments and any property damage sustained in the accident. This includes your car which could be ruined as well as other personal belongings like jewelry and watches. It is not uncommon for the liable party's insurance company to attempt to contact you soon after your accident to offer an agreement. It is not advisable to contact them or accept a settlement offer prior to consulting with an experienced truck accident lawyer. These people will often try to convince you to accept lower settlements that don't cover expenses resulting from the accident. A lawyer with experience can review your documents and provide a fair estimate of your case. Your lawyer will also determine if additional damages, like punitive damages, are offered. These are damages intended to punish the wrongdoer and discourage others from engaging in similar actions.