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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 a trucking company. The injured victims usually have to file a lawsuit to receive full compensation for their incident-related costs. Medical bills are a cost that victims of truck accidents typically need to pay. The insurance provider for the responsible party may request an independent medical examination to obtain a clear picture of your injuries and how they impact your daily routine. Medical Care If you're involved in a truck accident and require medical attention to ensure your health and safety. In getting medical attention as soon as you can will also make it easier for you to document your injuries to use them as evidence in your claim. It can also help you build a stronger case to prove that your injuries resulted from the crash. Medical expenses are a crucial element of any claim involving personal injury. They reveal the extent of your injuries and how they have affected your life. Without solid documentation of your injuries, you may be unable to recover full compensation for all your damages. In certain instances, the medical care may be so that you are not able to work or return to the normal routine. In this case you could be eligible to receive compensation for the loss of income. Additionally, you might be eligible for reimbursement for the cost of any assistive device you need in order to be able to live your life as normal as you can. Like any other accident the parties involved could be held responsible for a truck crash. They include: Truck drivers: Truck drivers can be employees of a company who are contracted to work for a certain employer, or independent owner-operators who operate their vehicles on behalf of themselves or a shipper they contract with. Truck drivers who are negligent, reckless or engaged in unsafe driving may be accountable for creating an accident. Other drivers: If a driver's negligence led to an accident, that driver may be held responsible. Other drivers are usually held responsible for truck accidents, specifically when the other driver was driving in a reckless manner or distracted. The responsible parties may attempt to minimize your claim through deflecting blame, recording your statements against you, or bribing you into admitting to fault. It is essential to employ an experienced lawyer for your truck accident. Your lawyer will defend your rights and ensure the responsible party pays you what you are due. Lost Wages While fender-benders, parking lot scrapes are the norm for passenger vehicles However, the same cannot be said about truck crashes. These crashes are more severe and more likely to cause permanent disability and long-term injury. They also carry heavy loads that put the occupants at risk. There are various kinds of truck drivers, such as 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 accountable in a crash that involves commercial vehicles based on the circumstances. Anyone who is injured in a collision with a truck and is unable work, may be entitled to compensation for lost wages. The amount they could have made during the time they were not able to work due to their injuries is used to calculate the compensation. This includes not just regular wages, but also benefits like paid time off and overtime. Before awarding damages for lost wages, a judge typically will review a letter from an injured party's physician that outlines their treatment plan and explains the reason they were unable to work. A letter from the person's employer is also required that confirms their wage or hourly wage, as well as the number of days they were unable go to work because of their injury. Once the evidence has been gathered after which your lawyer will prepare an order that outlines the amount you've suffered due to the truck accident. The package is sent to the other driver's insurance company with a clear statement that outlines the facts of the case and the extent of your injuries and the amount you're asking for. There could be back and forth communication during the negotiation process, and if an agreement is not reached, your attorney will file a lawsuit on your behalf. In most cases, a person can get compensation for lost wages by claiming the liability bodily injury coverage. If this coverage is not available or not available, the person who was injured by an uninsured or underinsured motorist can make a claim through their car insurance company up to their personal injury protection (PIP) coverage limit. Pain and Suffering In addition to financial losses truck accidents can result in substantial physical pain and emotional distress. These non-economic losses are typically harder to estimate a dollar value on, however they do require monetary compensation. A skilled New York truck accident lawyer can review your case and determine the value of your non-economic damages. One good example of a non-economic loss is the inability to engage in hobbies or in your favorite pastimes due injuries. You may also miss out on vacations or other activities that make life enjoyable and you're entitled to compensation for this loss. Loss of consortium as well as loss of enjoyment of life are also examples of non-economic damages. If you're injured as a result of a collision with a large truck, it's important to seek medical attention right away. This will not only aid you maintain your health but also serve as a valuable document for any future personal injury claims. Even if the injury appears minor, it's essential to get a thorough analysis. In time an experienced medical professional can determine the severity of your injury is and give you the right treatment. Then, your lawyer will review all the evidence and draft the demand letter detailing your requirements for compensation. Your lawyer will then send the letter to the party responsible and their insurance companies. If they refuse to settle your demands then your lawyer will be ready for the court. This will show them that you're not going to compromise and they should treat you with respect if they want you to be compensated fairly. Lastly, be prepared for the at-fault party's insurance company to contact you regarding the accident and your injuries. They're usually “wolves in sheepskins” and will attempt to convince you to provide them information that they could twist and use against your settlement in court. You can stay clear of making statements that may be used against you by letting your attorney manage all communications with insurers and other parties. Damages Damages are the most significant element of any truck accident claim. Damages can be economic (medical expenses, lost wages) or non-economic (pain and suffering). In both cases however, there is one thing that all damages share they are the result of another party's negligence. To be awarded compensation, the victim must prove that the responsible party did not take reasonable care while operating or maintaining their car or behaved recklessly driving. As visalia truck accident lawsuit of the enormous size and weight of these vehicles, the victims may suffer severe injuries even in minor accidents. It is essential to seek medical attention immediately even if the injuries seem to be minor. This will not only safeguard your health, but will also give you the necessary documentation for any injury claim you might have. This will allow the insurance company to be aware of the full impact of your injuries and could keep them from arguing that you aren't as injured as you claim to be. It is also essential to keep track of all costs that you incur as a result of your accident. You should keep the track of any travel expenses you incur in order to get to doctor's appointments or other treatments. Also, any property damage that was caused by the accident. This includes your vehicle, which could be totaled in addition to other personal possessions such as jewelry and watches. Insurance companies will often contact you to offer a settlement shortly after an accident. However, you should avoid talking to them or accepting a settlement without consulting a seasoned truck accident lawyer. They will often attempt to lure you into accepting low offers that do not enough cover the costs associated with your accident. A lawyer with experience will be able to examine your records to provide a fair estimate 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 offender and deter others from engaging in similar behavior.