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How to File a Truck Accident Claim The majority of truck accidents happen due to carelessness on the part of a trucker or trucking company. Victims of injuries often need to file a lawsuit in order to get full compensation for the injuries and expenses resulting from accidents. Medical expenses are a expense that victims of truck accidents often have to cover. Insurance companies may request an independent medical exam to determine the severity of your injuries and the impact they have on your daily life. Medical Care It is essential to seek medical attention right away following an accident with a truck to ensure your safety and health. If you seek medical attention as fast as you can will also make it easier for you to record your injuries so that you can use them as evidence in your claim. This will help you to build stronger evidence that your injuries were caused because of the accident. Medical expenses are an essential aspect of any claim for personal injury. They provide evidence of the severity of your injuries and how they have affected your life. You may not be eligible to receive full compensation if you do not have proof of your injuries. In some cases medical treatment may be so extensive that you are unable to work or resume your regular activities. In this scenario you could be entitled to compensation for your loss of income. You could also be eligible for reimbursement of the cost of any assistive device that you need to live a normal life. As in any accident, there are multiple parties who can be held responsible for the outcome of a truck accident. These parties include: Truck drivers: They could be employees of a company or contract employees who are required to drive for a specific employer or independent owner-operators. miami gardens truck accident law firm operate their vehicles for their own company or the shipper for whom they have a contract. Truck drivers who are negligent, reckless or engaged in unsafe driving can be held responsible for the cause of an accident. Other drivers If the carelessness of another driver contributed to the crash, the driver could be held accountable. It is common for other drivers to share the blame in truck accidents, especially when the other driver was driving in a reckless manner or was distracted. The responsible parties may try to minimize your claim by trying to minimize the blame, recording your statements against you, or bribing you into admitting fault. It is essential to employ an experienced attorney for truck accidents. Your lawyer will fight for your rights and ensure the responsible party pays what you are owed. Lost Wages Truck accidents aren't the typical. These kinds of crashes are more serious and are more likely to cause permanent disability and long-term injury. These crashes also carry more weight, which can put occupants at greater risk. There are several different kinds of truck drivers, including owner-operators who own their own vehicles and contract with shippers to transport goods for a fee or company drivers who operate vehicles owned by their employers. Both are liable in a crash involving commercial vehicles, based on the circumstances surrounding the accident. A person who is injured in a crash involving a truck and cannot work may be entitled to compensation for the loss of wages. The amount they could have made during the time they were unable to work due to their injuries is used to determine the compensation. This includes regular wages and benefits like paid time off or overtime. Before awarding damages for lost wages, a judge normally reviews a letter from the injured party's doctor, which outlines their treatment plan and explains the reason they were unable to work. A letter from their employer which confirms their hourly wage, salary and the number of days they were unable to work due to their injury is also required. After the evidence has been gathered, your attorney will prepare an itemized list of demands that details the amount you've lost due to the truck accident. This is sent with an explicit message to the insurance company of the other driver stating the facts of the case as well as the extent of your injuries. There could be back-and-forth communications during the negotiation process, and if an agreement is not reached, your lawyer will file a lawsuit on your behalf. In the majority of instances, a claimant will claim back wages lost due to the bodily injury liability insurance of the driver who was at the fault. If this is not possible the injured person may make a claim through their own auto insurance company. It will only be up to the limit of their personal injury protection insurance (PIP). Pain and Suffering In addition to financial loss Truck accidents typically result in substantial physical pain and emotional distress. These non-economic damages are usually more difficult to estimate a dollar value on, but they still deserve financial compensation. A skilled New York truck accident lawyer can review your case and determine the value of your non-economic losses. The injuries can cause you to be unable to participate in your most loved hobbies or activities. You may be unable to take vacations or other activities that make your life more enjoyable. You are entitled to compensation for these losses. Loss of consortium and loss of enjoyment of life are two other examples of non-economic losses. It is essential to seek immediate medical attention for any injuries that results from a crash involving a large truck. This will not only help you stay healthy and safety, but it could also be an important document for any future personal injury lawsuit. Even if the injury appears minor, it's important to have a thorough evaluation. Over time an expert in medical care can determine how serious your injury really is and provide you with the appropriate treatment. Next, your attorney will then review all evidence and then draft the demand letter detailing your needs for compensation. The lawyer will send the letter to the parties at fault and their insurance companies. If they refuse to settle your demands then your lawyer will be ready to bring them to the court. This indicates that you will not back down and that they must respect you should they decide to offer you a fair compensation. Finally, be prepared for the party at fault's insurance company to contact you regarding the accident and the injuries. They're often “wolves in sheepskins” and will attempt to convince you to provide them details that they can make up and use against your settlement in court. By having your lawyer handle all communications with insurance companies and others, you'll avoid making any statements that could be used against you. Damages The most significant aspect of an accident claim involving a truck is damages. They could be financial like medical bills and lost wages, or non-economic such as suffering and pain. In both cases however, there's one thing that all damages share that they result of the negligence of another party. In order to be compensated the victim must show that the responsible party did not use reasonable care when operating or maintaining their car or behaved recklessly driving. As a result of the enormous weight and size of these vehicles, victims can suffer devastating injuries in even the most minor accidents. It is imperative to seek immediate medical attention even if the injuries appear to be minor. This will not only safeguard your health but also provide important documentation in the event of a possible injury claim. This will help your insurance provider know the full extent of your injuries, and can help them avoid arguing that you'ren't as injured as you claim to be. Additionally, it is crucial to keep a record of all expenses incurred in connection with your accident. It is essential to keep an eye on any travel expenses you incur to get to doctor's appointments or other treatments. Also the property damage that is caused by the accident. This includes your car that could be destroyed in a serious crash, as well as personal items such as watches and other jewelry. Insurance companies often contact you to offer a settlement soon after an accident. However, you should steer clear of talking to them or accepting a settlement without consulting a seasoned truck accident attorney. They will often attempt to lure you into accepting low offers that do not provide enough coverage for the costs associated with your accident. A knowledgeable lawyer will be able to review your records and provide you with a precise estimate of the value of your case. Your lawyer can also to determine if additional damages, like punitive damage, are available. These are damages intended to punish the offender and deter others from engaging in similar actions.