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How to File a Truck Accident Claim The majority of truck accidents are the result of inattention on the part of the truck driver, or a trucking company. Injury victims are often required to make a claim to get compensation for all accident-related costs. Medical bills are a common cost for victims of truck accidents. Insurance companies may require an independent medical examination to determine the severity of your injuries and their impact on your daily activities. Medical Care When you are in a crash involving a truck it is essential to seek immediate medical care to ensure your health and safety. Receiving medical attention as quickly as you can will help you to document your injuries to use them as evidence in your claim. It will also help build an argument that is stronger and proves your injuries were caused by the accident. Medical expenses are a crucial part of any personal injury claim. They are a way to show the extent of your injury and how it has affected your life. Without solid documentation of your injuries, you may be unable to recover the full amount of compensation for all your losses. In some instances, medical care might be enough to stop you from working or going back to your normal routine. In this instance, you may be entitled to compensation for the loss of income. In addition, you could be eligible for reimbursement for the cost of any assistive devices you require to make your life as normal as you can. As with any accident there are many parties that could be held responsible for a truck crash. These include: Truck drivers: Truck drivers could be employees of a company under a contract to work for an employer or an independent owner-operators who operate their trucks for themselves or a shipper they contract with. If truck drivers are negligent or reckless, or engaged in unsafe actions on the road, they could be held responsible for causing a crash. Other drivers In the event that the negligence of another driver led to an accident, that driver may be held responsible. It is normal for other drivers to share responsibility in truck accidents, especially when the other driver was driving recklessly or distracted. The responsible parties could try to deny your claim by trying to minimize the blame, recording your statements against you, or bribing you into admitting to fault. You need to hire an experienced lawyer for your truck accident. Your attorney will fight for your rights and ensure that the responsible party pays you what you are due. Lost Wages While fender-benders and parking lot scrapes are normal in passenger cars However, the same cannot be said of truck accidents. These collisions are more serious and are more likely to cause permanent injuries and disabilities. laguna niguel truck wreck lawyer carry heavy loads, which can expose occupants to greater risk. There are a variety of truck drivers, such as owner-operators who own their own vehicles and contract with shippers to haul goods for a fee or corporate drivers who drive vehicles that are owned by their employers. Both can be liable in a collision that involves commercial vehicles, based on the circumstances of the crash. Someone who is injured in a collision with a truck and is unable to work may be entitled to compensation for the loss of wages. The amount they could have earned during the time they were unable work due to injuries is used to determine the amount of compensation. This includes not just regular wages, but also benefits such as paid time off and overtime. In order to award damages for lost wages, a judge usually will review a letter from an injured party's doctor, which details their treatment plan and explains why they were unable to work. A letter from their employer confirming their hourly wage, salary and the number of days they were unable to work because of their injury is also required. After all the evidence has been gathered After all the evidence has been gathered, your lawyer will create a demand package that outlines how much you have suffered as a result of the truck accident. The demand package is sent as an explicit message to the insurance company of the other driver, providing the facts of the case and the extent of your injuries. Negotiations can involve back-and-forth communications. If a deal cannot be reached then your lawyer will file a suit on your behalf. In most instances, a claimant will recover lost wages from the bodily injury liability coverage of the driver who was at fault. If this isn't possible an injured person could file a claim with their own insurance company for their automobile. This will only be in the amount of their personal injury protection insurance (PIP). Suffering and Pain Accidents with trucks can cause physical pain and emotional distress along with financial loss. These non-economic damages are hard to quantify, but they still deserve monetary compensation. A knowledgeable New York truck accident lawyer will review your case and determine the worth of your non-economic damages. The injuries can cause you to not be able to participate in your most loved hobbies or activities. You could miss out on holidays or other activities that enrich your life. You deserve compensation for these losses. Loss of consortium and loss of enjoyment of life are also examples of damages that are not economic. If you're injured in an accident involving a large truck, it is crucial to seek medical attention as soon as possible. This will not only assist you to maintain your health but will also be an invaluable document for any future personal injuries claims. It's also crucial to have an exhaustive medical examination even if your injuries seem to be minor at the time. After a while an experienced medical professional can determine the severity of your injury is and will provide you with the correct treatment. Then, your lawyer will go through all the evidence and then draft an official demand letter describing your requirements for compensation. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. If they do not agree to meet your demands then your lawyer will be ready to bring them to court. This lets them know that you're not willing to compromise and they must treat you with respect if they want you to get fair compensation. Be prepared for the insurance company of the party at fault to reach out to you regarding the collision and any injuries you suffered. They're usually “wolves disguised as sheep” and they will try to get information from you, which they could make up out of context and use against you in court to limit your settlement. By having your lawyer handle all communications with insurance companies and others, you'll stay clear of making statements that could be used against you. Damages Damages are the primary component of any truck crash claim. These can be financial, such as medical bills and lost wages, or not, like suffering and pain. All damages are caused by negligence. Therefore, to receive compensation for these losses, an injured victim must prove that the responsible party failed to take reasonable care in operating or maintaining their vehicle or was reckless on the road. As a result of the massive weight and size of these vehicles, victims are prone to suffering severe injuries even in minor accidents. It is crucial to seek immediate medical attention even if the injuries appear to be minimal. This will not only guarantee your health and well-being but also provide critical evidence for your possible injury claim. This will help the insurance company be aware of the full impact of your injuries and may keep them from arguing that you are not as seriously injured as you claim to be. It is also essential to keep track of all expenses associated with your accident. You should keep the track of any travel expenses you incur in order to make it to appointments with your doctor and other treatments. Also the property damage that was caused by the accident. This includes your car, which could be totaled, as well as other personal possessions such as jewelry and watches. Insurance companies may contact you to offer a settlement soon after the crash. You should not speak to them or accept a settlement prior to consulting with a knowledgeable truck accident lawyer. These people will often try to convince you to accept low offers that don't pay for your incident-related expenses. A lawyer who is knowledgeable will be able review your records and give you a fair estimate of your case. Your lawyer will also determine if any additional damages, such as punitive damages, are offered. These are damages that are intended to penalize the offender, and discourage others from engaging in similar conduct.