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How to File a Truck Accident Claim The majority of truck accidents are caused by negligence on the part a trucker or trucking company. In most cases, victims of injury are required to bring a lawsuit to receive full compensation for accident-related expenses. Medical bills are a common cost for victims of truck accidents. Insurance companies may require an independent medical examination to determine the extent of your injuries and the impact they have on your daily routine. Medical Care You must seek immediate medical attention following a truck accident to ensure your safety and health. In addition, getting medical attention as quickly as possible will make it easier to record your injuries in your claim. This will also allow you to create a stronger claim that your injuries were the result because of the accident. Medical expenses are an essential element of any personal injury claim. They provide evidence of the severity of your injuries and how they have affected your life. You may not be eligible to get the full amount of compensation if don't have a solid record of your injuries. In some cases medical treatment may be so extensive that it prevents you from working or going back to your normal activities. In this scenario, you may be entitled to compensation for the loss of income. Additionally, you may be entitled to reimbursement for the cost of any assistive devices you require to make your life in the most normal way possible. In the event of an accident, several parties could be accountable for the cause of a truck crash. They include: Truck drivers: Truck drivers could be company employees who are under contract to work for an employer, or independent owner-operators who operate their trucks for themselves or a shipping company they contract with. When truck drivers are negligent, reckless, or otherwise performing unsafe activities on the road, they may be held responsible for causing a crash. Other drivers: If a driver's negligence caused an accident, that driver could be held responsible. Other drivers are usually blamed for truck-related accidents, especially when the driver who was at fault was reckless or distracted. The parties at fault may attempt to deny your claim by deflecting the blame and recording your statement against you, or tricking you into admitting guilt. This is why you need to consult with a seasoned truck accident lawyer. Your lawyer will defend your rights and ensure the responsible party pays you what you are due. Lost Wages While fender-benders and parking area scrapes are a common occurrence for cars that are driven by passengers, the same cannot be said about truck crashes. These kinds of crashes are more serious and are more likely to cause permanent disability and long-term injury. They also carry heavy loads that cause more risk to the occupants. There are a variety of truck drivers. Owner-operators, who own their vehicles and contract with shippers for a fee to transport goods, or company drivers, who operate vehicles that are owned by their employer. Both of them can be held accountable in a crash involving commercial vehicles, based on the circumstances of the crash. A person who sustains an injury in a car accident that prevents them from working might be entitled to compensation for their lost wages. They are based on the amount of money they could have earned in the time they were unable to work as a result of their injuries. bakersfield truck accident law firm is not just regular wages, but also benefits like paid time off and overtime. In order to award damages for lost wages, a judge normally reviews a letter from the doctor who treated the injured party that details their treatment plan and explains the reason they were unable to work. A letter from the victim's employer is also required. It confirms their hourly or salary wage, and the number of days they were unable go to work due to their injury. Once all evidence is collected after which your lawyer will prepare an order that detail the amount you've suffered due to the truck accident. The package will be sent out with an explicit message to the insurance company of the other driver detailing the details of the situation and the extent of your injuries. Negotiations can include back and forth communications. If a deal cannot be reached your lawyer will file a lawsuit on your behalf. In the majority of cases, a plaintiff may get compensation for lost wages by claiming the at-fault driver's liability bodily injury coverage. If this isn't possible, an injured person can file a claim through their own auto insurance company. The claim will be up to the limits of their personal injury protection policy (PIP). Pain and Suffering Accidents involving trucks can cause emotional and physical pain in addition to financial losses. These non-economic losses are often difficult to determine a dollar value on, but they nevertheless require monetary compensation. A skilled New York truck accident lawyer can review your case and determine the worth of your non-economic damages. One good example of an economic loss is the inability to engage in hobbies or in your favorite pastimes because of injuries. You might miss out on vacations or other events which make your life more enjoyable. You are entitled to compensation for these losses. Loss of consortium and loss in enjoyment of life are other examples of non-economic losses. It is essential to seek immediate medical attention for any injury following a crash with an enormous truck. Not only will this help you stay healthy, but it will also be an important document for any future personal injury lawsuit. Even if the injury appears minor, it's crucial to conduct a thorough examination. Over time medical professionals can assess the severity of your injury and provide the correct treatment. Then, your attorney will review all of the evidence and then draft an official demand letter describing your requirements for compensation. Your lawyer will then send the demand letter to the parties at fault and their insurance providers. If they are unwilling to accept your demands your lawyer will be prepared to take them to the court. This will show them that you're not planning to compromise and they should be treated with respect if they wish for you to receive fair compensation. Also, be prepared for the at-fault party's insurance company to contact you concerning the collision and the injuries you sustained. They are frequently “wolves disguised as sheep” and they'll try to obtain information from you, which they could twist out of context and use against you in court in order to reduce your settlement. By making your lawyer the sole handler of all communications with insurance providers and others, you can make sure that you don't make any statements that could be used against you. Damages The most significant element of an accident claim involving a truck is damages. These could be financial like medical bills and lost wages, or non-economic like suffering and pain. In both instances however, there is one thing that all damages share that they result of the negligence of another party. To receive compensation the victim must show that the responsible party did not take reasonable care when operating or maintaining their vehicle or was reckless while on the road. As a result of the immense weight and size of these vehicles, victims are prone to suffering severe injuries even in minor accidents. It is crucial to seek medical attention immediately even if the injuries seem minor. This will not only protect your health and well-being but also provide critical evidence for a potential injury claim. This will help the insurance company comprehend the full extent of your injuries and may prevent them from arguing that you are not as seriously injured as you claim to be. It is also essential to keep a record of all expenses associated with your accident. This will include any travel expenses you incur in order to get to doctor's appointments or other treatments and any property damage that occurs as a result of the accident. This includes your car that could be destroyed in a serious crash, and personal belongings such as watches and other jewelry. Insurance companies will often contact you to offer you a settlement quickly after the crash. But, you should stay clear of engaging with them or entering into a settlement without first consulting an experienced truck accident lawyer. These representatives will often try to convince you to accept lower settlements that don't cover accident-related costs. A lawyer with experience will be able review your records to give you an accurate estimate of your case. Your lawyer can also to determine if additional damages, such as punitive damages, are available. These are damages that are intended to punish the wrongdoer and deter others from engaging in the same behavior.