10 Times You'll Have To Be Educated About Truck Accident Litigation
redwood city truck accident lawyer could be contact by the insurance company of the driver, or by the company when you are the victim of a truck crash. It is advisable not to speak with these individuals without your attorney present.
You must prove that a truck driver or company breached their duty of care, and that this breach caused your accident. You may seek damages for:
Medical expenses
The injuries suffered in a collision with a truck often require extensive medical care. This can result in expensive hospital bills and prescription drug costs. Many victims struggle to cover these expenses and are in debt for a long time after the accident occurs. Fortunately, those who have suffered injuries are able to recover many damages, including medical expenses.
Medical expenses cover all out of budget expenses that result from an injury. They could include Xrays, MRIs and CT scans and physical therapy and doctor's sessions. The cost of wheel chairs and crutches can be included in out-of-pocket expenses. It is essential to keep track of all medical expenses and save receipts. A knowledgeable attorney can help you determine the expenses that are eligible for compensation.
Generally speaking, the at-fault truck driver or their insurance policy will pay your medical expenses. However, they will only do this if your case settles or a juror decides to award you compensation following an appeal. This can take many years and you will be responsible for paying your medical bills out of pocket.
Insurance companies are in business to cut costs and will employ any trick in the book to cut their payouts. Their representatives can sound friendly and helpful, however any statements you make to them may be used against you in the future. It is best to consult with an experienced legal advocate before speaking with any representatives from insurance companies.
Your lawyer can help you through the claims process and assist you to fight for the full settlement. In certain cases you may need to engage a medical professional to demonstrate your injuries and the impact they have had on your life.
Suffering and pain
A semi-truck collision can cause severe injuries. These injuries are often life-altering and can cause lasting suffering and pain.
Because truck accidents are so destructive, they can be more emotional and stressful than crashes that involve smaller vehicles. The victim's family could also be impacted more severely like loss of income. If you've suffered serious injuries as a result of the accident of a truck, you may be able to pursue damages to be compensated for the physical pain and suffering you endured.
The amount you're entitled to receive as a part of your claim may vary. This is due to the fact that it's not always possible to accurately assess the severity of your suffering and pain. There are guidelines that judges or jury could use to determine the value of your injury. These include medical records, evidence of mental health treatment, diaries or other records of your daily routine and statements from family or friends on how the injury has affected them.
An injury such as a spinal cord injury or a fractured back can cause extreme pain and mobility loss. These kinds of injuries are typically life-threatening and require surgical repair as well as ongoing treatment. They can also trigger physical and psychological symptoms, such as anxiety, depression, or fear and shock, anger and insomnia, as well as post-traumatic disorder (PTSD).
If the party who was negligent caused the accident, they are accountable for any damage you suffered. This is even if they didn't drive at the time of the accident in the event that they were intoxicated or they were in violation of traffic laws or trucking laws. They may also be responsible for punitive damages.
Loss of wages
You may be entitled to compensation for lost wages if your injuries prevent you from working for an extended period of time. This compensation is based on the amount you would have earned if not been unable to work because of accident-related injuries. It doesn't matter if you took sick leave or a vacation. However, you will need to prove your earnings and losses to the adjuster of your insurance. This is done by obtaining a signed document from your physician that outlines your medical condition, the amount of time you'll be absent from work, and any previous pay receipts.
You may also be able to claim damages if you experience a loss of enjoyment or quality of life. This is a type of compensation for the injuries that keep you from engaging in your favorite pastimes and activities, like travel or performing hobbies. You may also be able to recover the loss of future income if your injuries have permanently prevented you from resuming the same kind of job in the near future.
Non-economic damages can be as substantial as the financial loss and loss of wages. Some examples include suffering and pain and disfigurement or scarring, and loss of enjoyment life. These damages can be significant for those who have suffered serious injuries from a truck accident, especially if the injuries are internal organ-related. In extreme instances the possibility of punitive damages is available. These are intended to punish the person at fault and discourage them from committing similar reckless actions in the future. These damages are not common, but can be awarded when the truck driver is particularly negligent or reckless.
Punitive damages
If your injuries keep you from working in the same capacity, then you may be able to collect compensation for lost wages. Many truck accident victims are concerned about this because they may not be able to pay their daily expenses without the income that they earned from their job. Additionally, your medical bills could mount quickly. To ensure you receive the maximum compensation for your losses, it is essential to hire an experienced attorney for truck accidents.
If the negligence of the truck driver or the trucking company resulted in the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages described above. However, this is not an easy claim to win. The law governing punitive damages is extremely strict. To be eligible for this kind of monetary award, the plaintiff must prove that the trucking company or its driver was guilty of fraud or willful misconduct.
Generally, juries make punitive damages as an attempt to penalize wrongdoers and send a message that such conduct is not acceptable. If a jury decides that the truck driver was driving their vehicle under the under the influence of drugs or speeding, and the jury awards significant punitive damages, they hope it will discourage others from engaging in such egregious conduct in the future.
It is vital to note that you have to prove that the negligence was not just one instance or even an ongoing pattern of conduct or reckless indifference. Many truck accident lawyers are reluctant to bring a punitive damage claim based on a boilerplate accusation of reckless conduct. In a recent instance, for example the court rejected the punitive damages claim against Garkusha, who was driving a truck owned by Quality Logistics at the time of his crash with the Plaintiff, based on the fact that the Plaintiff did not offer any evidence that Garkusha's behavior right before and during the incident showed the pattern of reckless disregard to the repercussions.
Damages to Property Damage
Due to their size and weight semi-trucks, commercial vehicles and other large-sized vehicles can cause more serious damage when they crash into smaller vehicles. As a result, victims could suffer more extensive injuries and more expensive medical bills than those who suffer from other car accidents.
To maximize the value of your claim it is essential to keep careful records of all incident-related expenses and losses. For example, if you have been injured in a truck accident and require multiple procedures, surgeries or physical therapy, as well as prescription medications, record each expense. Note your lost wages and also the potential for future earnings even if you've been off work due to injuries.
Documenting any property damage is important. Note the current value of your vehicle as well as any other personal belongings damaged or destroyed by the accident. This includes electronics, furniture clothing, and other valuables. In addition, if had to rent a vehicle or travel for doctor's appointments take note of the expense and record any other costs connected to these trips.
Insurance companies contact accident victims shortly after an accident and offer settlements, before the victim can speak to an attorney. While these offers may seem appealing, they typically do not compensate victims for all the expenses incurred by accidents. An experienced attorney can assist you in avoiding a low settlement and in ensuring that the responsible party is compensated for the entire value of your case.
Your lawyer will gather and review all necessary documentation before sending it to the responsible parties' insurance company as part of your claim. They will also negotiate directly with the insurance company in order to receive damages that are reasonable and reflect the real value.
