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How to File a Truck Accident Claim The majority of truck accidents are caused due to inattention on the part of a trucker or trucking company. Victims of injuries often need to file a lawsuit to obtain full compensation for injuries and expenses resulting from accidents. Medical bills are a cost that victims of accidents involving trucks often have to pay. Insurance companies may request an independent medical exam to determine the extent of your injuries and their impact on your daily routine. Medical Care When you are in a truck accident it is essential to seek immediate medical care to ensure your safety and health. Receiving medical attention as quickly as possible will aid you to record your injuries in order to use them as evidence in your claim. This will also allow you to create a stronger claim that your injuries were the result due to the accident. Medical expenses are an essential element of any personal injury claim. They are a way to show the extent of your injury and how it has affected your life. Without proper documentation of your injuries, you could be unable to recover full compensation for all of your injuries. In some instances, medical care might be so extensive that it stops you from working or going back to normal activities. When this happens you may be eligible to receive compensation for the loss of income. You may also be entitled to reimbursement for the cost of any assistive device you need to live an ordinary life. As with any accident, several parties could be accountable for the cause of a truck crash. The parties that could be held accountable include: Truck drivers: Truck drivers may be employees of companies who are under a contract to work for a specific employer or an independent owner-operators who operate their vehicles on behalf of themselves or a shipping company they contract with. Truck drivers who are reckless, negligent or otherwise engaged in unsafe driving could be held accountable for creating an accident. Other drivers: If the negligence of another driver contributed to an accident, that driver could be held liable. It is typical for other drivers to share liability in truck accidents, particularly when the other party was driving recklessly or distracted. The responsible parties may try to minimize your claim by shifting blame, recording your statements against you, or trying to trick you into admitting to fault. california truck accident law firm is why it is important to work with an experienced truck accident lawyer. Your attorney will fight for your rights and make sure the liable party pays you what you owe. Lost Wages While fender-benders and parking lot scrapes are a common occurrence for cars that are driven by passengers, the same cannot be said about truck crashes. These accidents are more serious and are more likely to result in permanent disability and injury. These crashes also involve more weight, 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 items for a fee, or corporate drivers who drive vehicles of their employers. Both can be liable in the event of a collision involving commercial vehicles, based on the circumstances of the incident. A person who sustains an injury in a car accident that prevents them from working may be eligible for compensation for lost wages. The amount they could have made during the time that they were not able to work due to their injuries is used to determine the compensation. This includes not only regular wages, but also benefits such as paid time off and overtime. Before awarding damages for lost wages, a judge usually will review a letter from an injured party's physician that details their treatment plan and explains the reason they were unable to go to work. A letter from their employer that confirms their earnings, hourly wage and the number of days they were unable to go to work because of the injury is also required. After all the evidence is obtained and analyzed, your lawyer will draft an order form that outlines how much you have suffered as a result of the truck crash. This is then sent to the insurance company of the other driver with clearly stating the facts of the case as well as the way you were injured and the amount you're requesting. Negotiations can include back and forth communication. If a settlement cannot be reached, your lawyer will file a lawsuit on your behalf. In most instances, a plaintiff is able to get compensation for lost wages through the at-fault driver's liability bodily injury coverage. If this coverage is not available, a person who was injured by an uninsured or underinsured motorist can file a claim through their own insurance company up to their personal injury protection (PIP) coverage limit. Pain and Suffering Accidents with trucks can cause emotional and physical pain in addition to financial loss. These non-economic losses are difficult to measure, but they merit compensation in the form of monetary. A New York truck accident attorney can review your case to determine the value of your noneconomic damages. Injury can force you to be unable to take part in your favorite activities or activities. You could miss out on vacations or other events that enrich your life. You deserve compensation for these losses. Loss of consortium as well as loss of enjoyment of life are also examples of non-economic damages. It is crucial to seek immediate medical attention for any injury that results from a crash involving an enormous truck. This will not only help you stay healthy, but it will also serve as critical documentation for any future personal injury claim. Even if the injury appears minor, it's crucial to have a thorough evaluation. After a while, a medical professional can determine how serious your injury really is and provide you with the appropriate treatment. The next step is to have your attorney look over all the evidence and create an order letter that sets forth your compensation needs. Your lawyer will then forward the demand letter to the at-fault parties and their insurance providers. If they do not agree to meet your demands then your lawyer will be prepared for court. This lets them know that you're not planning to relent and they should treat you with respect if they wish for you to get fair compensation. Be prepared for the insurance company of the person who was at fault to reach out to you regarding the collision and any injuries that you suffered. They're usually “wolves disguised as sheep” and will attempt to get information from you, which they could alter out of context and use against you in court to limit your settlement. By the lawyer handling all communications with insurance providers and others, you'll be sure to avoid making statements that could be used against you. Damages The most significant aspect of the truck accident claim is damages. Damages can be economic (medical bills or lost wages) or non-economic (pain and suffering). All damages are caused by negligence. Consequently, to receive compensation for these losses, the victim of injury must prove that the liable party failed to take reasonable care in operating or maintaining their vehicle, or was reckless on the road. Due to the huge weight and size of these vehicles, victims may suffer severe injuries even in minor accidents. Even if your injuries aren't severe It is imperative to seek immediate medical attention. This will not only safeguard your health but also provide crucial documentation for any injury claim you might have. This will help your insurance company know the full extent of your injuries, and can help them avoid arguing that you'ren't as injured as you claim. Similarly, it is vital to keep records of all costs related to your accident. You will need to keep all travel expenses you incur in order to attend doctor's appointments as well as other treatments. Also, any property damage that was caused by the accident. This includes your vehicle that may be damaged in a serious crash as well as personal items such as watches and other jewelry. It is common for the insurance company of the responsible party company to attempt to contact you soon after your accident to offer an offer of settlement. But, you should stay clear of engaging with them or entering into a settlement without first consulting an experienced truck accident attorney. These people often try to entice you to accept bargains that do not adequately cover your accident-related expenses. A lawyer with experience can review your records and give you a fair estimate of your case. In addition your lawyer will determine whether any additional damages are available such as punitive damages. These are damages designed to punish the perpetrator, and discourage others from engaging in similar conduct.