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How to File a Truck Accident Claim The majority of truck accidents occur by carelessness on the part of a trucker or trucking company. Injured victims typically have to file a lawsuit in order to receive full compensation for their incident-related costs. Medical bills are a common cost for truck accident victims. Insurance companies can require an independent medical examination to determine the extent of your injuries and their impact on your daily activities. Medical Care You need to seek medical attention right away following an accident involving a truck to ensure your safety and health. In getting medical attention as soon as you can make it easier for you to record the injuries you sustained in order to use them as evidence in your claim. It will also help build a stronger case to prove that your injuries were caused by the accident. Medical expenses are a foundational 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 a thorough record of your injuries, you could not be able claim the full amount of your losses. In certain cases medical treatment may be so that you are not able to work or resume your normal activities. In this case you could be entitled to compensation for your loss of income. Additionally, you might be eligible for reimbursement for the expense of any assistive equipment you require to make your life as normal as is possible. As in any accident, there are multiple parties that are liable in an accident involving a truck. These include: Truck drivers: They could be employees of a company or those who have a contract to drive for a specific employer, or independent owner-operators. They operate their trucks on behalf of their own company or the shipper for whom they have signed a contract. Truck drivers who are negligent, reckless or engage in unsafe driving could be held accountable for the cause of an accident. Other drivers: If another driver's negligence contributed to the crash, that driver could be held responsible. Other drivers are often blamed for truck accidents, specifically 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 by recording your statements against you, or bribing you into admitting to fault. You need to hire an experienced truck accident lawyer. Your lawyer will fight for your rights and ensure that the responsible party pays you what you are due. Lost Wages While fender-benders and parking area scrapes are commonplace for passenger cars but the same cannot be said about truck accidents. These kinds of crashes are more serious and more likely to cause permanent disability and long-term injuries. These crashes also carry larger loads, which could expose occupants to greater risk. There are various kinds of truck drivers, such as owner-operators who own their own trucks and contract with shippers to haul goods for a fee or corporate drivers who operate the vehicles that are owned by their employers. Both are at risk in a crash involving a commercial vehicle, depending on the circumstances surrounding the accident. A person who suffers an injury in a truck accident that keeps them from working might be eligible for compensation for lost wages. These are calculated according to the amount of earnings they could have made during the time they were unable to work because of their injuries. longview truck accident law firm includes not just regular wages, but also benefits like paid time off and overtime. A judge is usually required to review the doctor's note prior to granting damages to the injured party for lost wages. The letter should outline the plan of treatment as well as the reasons they were unable get to work. A letter from the injured party's employer is also required. It confirms their wage or hourly wage, as well as the number of days they were unable to go to work because of their injury. Once all evidence is collected after which your lawyer will prepare a package of demands that details the amount you've lost due to the truck accident. This is then sent to the insurance company of the other driver. It includes a clear statement that outlines the facts of the situation and the extent of your injuries and the amount you are requesting. There could be back and forth communication during the negotiation process and if an agreement is not reached, your attorney will initiate a lawsuit on behalf. In most cases, a plaintiff may claim the compensation for lost wages via the bodily injury liability. If this isn't an option, an injured person can file a claim through their own auto insurance company. It will only be in the amount of their personal injury protection coverage (PIP). Suffering and Pain In addition to financial losses truck accidents can cause significant emotional and physical discomfort. These damages that are not economic are difficult to measure, but they need financial compensation. A skilled New York truck accident lawyer can examine your case and determine the potential worth of your non-economic damages. One good example of an economic loss is inability to pursue hobbies or participate in your favorite pastimes due injuries. You could also miss going on vacations and other activities that make life enjoyable and you're entitled to compensation for this loss. Loss of consortium and loss of enjoyment of life are also examples of non-economic damages. It is imperative to seek prompt medical attention for any injuries following a crash with large trucks. This will help you to maintain your health but also serve as a valuable document for any future personal injury claims. It's also important to obtain a thorough medical evaluation, even if your injuries seem minor at the moment. In time an experienced medical professional can determine the severity of your injury is and will provide you with the appropriate treatment. Next, your attorney will review all of the evidence and then draft the demand letter detailing your compensation requirements. Your lawyer will then forward the demand letter to the parties at fault and their insurance providers. If they do not agree to meet your demands the lawyer will be ready for court. This is a sign that you are not willing to back down, and that they should treat you respectfully if they wish to give you a fair compensation. Lastly, be prepared for the party at fault's insurance company to reach out to you regarding the accident and the injuries. They're often “wolves in sheepskins” and will attempt to obtain them information that they can manipulate and use against your settlement in court. You can stay clear of making statements that could be used against your own interests by letting your attorney handle all communications with insurers and others. Damages The most significant element of an accident claim involving a truck is the damages. These could be financial like medical bills and lost wages, or non-economic such as pain and suffering. In both instances however, there's one thing that all damages share: they are the result of the negligence of a third party. Therefore, in order to be compensated for these losses, the injured victim must prove that the liable party did not exercise reasonable care when operating or maintaining their vehicle, or was reckless on the road. Even minor accidents can result in catastrophic injuries due to the size and weight. It is imperative to seek medical attention immediately, even if your injuries seem minor. This will not only ensure your health, but also provide important documentation for any potential injury claim. This will help the insurance company know the full extent of your injuries. It could also keep them from arguing that you aren't as severely injured as you claim to be. It is also essential to keep track of any expenses related to your accident. This will include any travel expenses you incur for getting to doctor's appointments or other treatments and also any property damage that is incurred in the collision. This includes your car that could be destroyed and other personal belongings like watches and jewelry. Insurance companies will often contact you to offer a settlement soon after an accident. It is not advisable to contact them or accept a settlement prior to consulting with an experienced truck accident lawyer. These representatives often try to lure you into accepting bargains that do not adequately cover the expenses associated with an accident. A knowledgeable lawyer will look over your documents and provide you with an accurate estimation of the value of your case. Your lawyer can also determine if additional damages, like punitive damages, are offered. These are damages intended to penalize the offender, and discourage others from engaging in similar behaviour.