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How to File a Truck Accident Claim The majority of truck accidents are caused by negligence on the part of a trucker or trucking company. In most cases, victims of injury are required to start a lawsuit to get compensation for all accident-related expenses. Medical bills are a common cost for victims of truck accidents. The insurance company of the responsible party may request an independent medical examination to get a clear picture of your injuries and how they affect your daily routine. Medical Care You need to seek immediate medical attention after a truck accident to ensure your safety and health. In addition, getting medical assistance as soon as possible will make it easier to document your injuries to use in your claim. This will also help you to create more convincing evidence that your injuries are the result of by the accident. Medical expenses are a crucial aspect of any claim for personal injury. They show the severity of your injury and how it has affected your life. You may not be eligible to get full compensation if you don't have a solid record of your injuries. In some instances medical care may be so extensive that it stops you from working or going back to your normal routine. In this instance you could be entitled to compensation for your loss of income. You could also be eligible to receive reimbursement for the cost of any assistive device you require to lead the normal life. In the event of an accident, several parties could be held accountable for the cause of a truck crash. The parties that could be held accountable include: Truck drivers: They could be employees of a company or contract employees who are required to drive for an employer or independently owned operators. They operate their vehicles for themselves or the shipper with whom they have a contract. If truck drivers are negligent, reckless, or otherwise engaged in unsafe actions on the road, they may be held accountable for causing the crash. Other drivers If the carelessness of another driver contributed to an accident, the driver may be held responsible. It is common for other drivers to share the blame in truck accidents, especially when the other driver was driving recklessly or distracted. The liable parties might try to minimize 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 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 but the same cannot be said for truck accidents. These kinds of crashes are more serious and more likely cause permanent disability and long-term injuries. They also have heavy loads that put the occupants in greater danger. There are various kinds of truck drivers, which include owner-operators who own their own vehicles and contract with shippers to transport goods for a fee, or corporate drivers who operate the vehicles owned by their employers. Both parties could be held responsible for collisions that involve commercial vehicles, based on the circumstances. Anyone who suffers an injury as a result of a truck accident that stops them from working could be entitled to compensation for the loss of wages. These are calculated in relation to the amount the money they could have earned in the time they were unable to work as a result of their injuries. This includes not only regular salaries, but benefits such as paid time off and overtime. A judge is usually required to review the doctor's statement prior to awarding damages to the injured party for the loss of wages. The letter should outline the treatment plan as well as the reasons they were unable be able to work. A letter from their employer confirming their hourly wage, salary and the number of days they were not able to work because of the injury is also required. After all the evidence has been taken into consideration, your lawyer will prepare a demand package that outlines the amount you've lost as a result of the truck crash. This is sent with a clear message to insurance company of the other driver, detailing the details of the incident and the extent of your injuries. Negotiations could involve back-and-forth communications. If a settlement cannot be reached your lawyer will file a suit on your behalf. In the majority of cases, a person can claim compensation for lost wages under the at-fault driver's liability bodily injury insurance. If this isn't an option an injured person could file a claim through their own auto insurance company. This will only be limited to the maximum amount of their personal injury protection policy (PIP). Suffering and Pain Truck accidents can cause physical pain and emotional distress as well as financial loss. These non-economic damages are hard to quantify, yet they need financial compensation. A knowledgeable New York truck accident lawyer will review your case and determine the value of your non-economic losses. Injuries can make you not be able to engage in your most loved hobbies or pastimes. You may miss out on vacations or other activities which make your life more enjoyable. You deserve compensation for these losses. Other examples of non-economic losses are loss of consortium and enjoyment of life. It is imperative to seek prompt medical attention for any injury caused by a collision with the size of a truck. This will not only help you to maintain your health but also serve as an important document to file any future personal injury claims. Even if the injury seems minor, it's essential to have a thorough evaluation. As time passes an expert medical professional will determine the severity of your injury is and will provide you with the correct treatment. The next step is to have your attorney look over all the evidence and create a demand letter which sets out your compensation requirements. Your lawyer will send the letter to the parties responsible and their insurance companies. Your lawyer will then be prepared for a trial if they refuse to adhere to your demands. This shows them that you are not going to back down and they must treat you with respect if they wish for you to get fair compensation. Also, be prepared for the at-fault party's insurance company to reach out to you regarding the collision and the injuries you sustained. They're often “wolves in sheepskins” and will try to convince you to provide them details that they can alter and use against your settlement in court. By making your lawyer the sole handler of all communications with insurance companies and others, you'll make sure that you don't make any statements that could be used against you. Damages Damages are the primary part of any truck accident claim. These may be economic like medical bills and lost wages, or non-economic such as suffering and pain. In both instances however, there's one thing that all damages share that they result of negligence by another party. To receive compensation the victim must prove that the responsible party failed to use reasonable care when operating or maintaining their car or behaved recklessly on the road. Due to the huge size and weight of these vehicles, victims can suffer devastating injuries in even the most minor of accidents. It is essential to seek immediate medical attention even if the injuries appear to be minimal. This will not only protect your health, but it will also provide crucial documentation for any injury claim that could be filed. This will allow your insurance company to determine the extent of your injuries and can help them avoid arguing that you're not as severely injured as you claim to be. It is also essential to keep track of all costs related to your accident. You must keep track of any travel expenses you incur to make it to appointments with your doctor and other treatments. Also, gulfport truck accident attorney caused by the accident. This includes your car which could be totaled in a serious crash, and personal belongings such as watches and other jewelry. It is normal for the insurance company of the responsible party company to attempt to contact you after the crash to offer an offer of settlement. But, you should stay clear of engaging with them or agreeing to a settlement without consulting a knowledgeable truck accident lawyer. These representatives often try to entice you to accept lower offers that do not enough cover the costs associated with your accident. A lawyer with expertise will be able review your records and provide you with an accurate assessment of your case. In addition, your lawyer will determine if additional damages are available, such as punitive damages. These are damages designed to punish the perpetrator and deter others from engaging in similar behavior.