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How to File a Truck Accident Claim Most truck accidents are the result of negligence on the part of the truck driver, or a trucking company. The victims of injuries are typically required to file a lawsuit in order to receive full compensation for any accident-related expenses. Medical bills are an expense that victims of truck accidents often need to pay. The insurance company of the liable party may require an independent medical examination to be able to see the extent of your injuries and how they impact your daily routine. Medical Care When you are in a crash involving a truck, you need immediate medical care to ensure your safety and health. Getting medical attention as soon as you can will also allow you to document the injuries you sustained in order to use them as evidence in your claim. It will also assist you to build an argument that is stronger and proves 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 may not be able to claim the full amount of your damages. In certain situations medical care may be too extensive to prevent you from working or going back to normal activities. In this case you may be able to recover the loss of income. In addition, you could be entitled to reimbursement for the costs of any assistive devices you require to remain as normal as you can. As with all accidents there are many parties that could be held accountable for a truck crash. These parties include: Truck drivers: Truck drivers may be company employees who are contracted to work for an employer, or independent owner-operators who operate their trucks on behalf of the shipper they contract with. Truck drivers who are negligent, reckless or engage in reckless driving may be accountable for causing an accident. Other drivers When the negligence of another driver led to a crash that person could be held liable. melbourne truck accident lawsuit is typical for other drivers to share liability in truck accidents, specifically when the other driver was driving recklessly or distracted. The parties responsible may try to minimize your claim, by deflecting the blame by recording your statements against you, or deceiving you into admitting that they are at fault. This is why it is important to hire a skilled truck accident lawyer. Your lawyer will fight for your rights and will ensure that the liable party pays what you are owed. Lost Wages Truck accidents are not the typical. These accidents are more serious and more likely cause permanent disability and long-term injuries. These crashes also involve heavy loads, which can cause occupants to be at risk. There are a variety of truck drivers. Owner-operators, who own their own trucks and contract with shippers for a cost to haul goods or company drivers, who operate vehicles owned by their employer. Both can be liable in a crash involving a commercial vehicle, depending on the circumstances surrounding the accident. A person who sustains an injury in a car accident that stops the person from working could be entitled to compensation for lost wages. They are in relation to the amount the money that they could have earned during the time they were unable work because of their injuries. This includes not just regular salaries, but benefits like paid time off and overtime. A judge usually reviews the doctor's statement prior to awarding damages to the person who was injured for the loss of wages. The letter should describe the treatment plan and also as the reason why they were not able to go to work. A letter from their employer confirming their hourly wage, salary and the number of days that they were unable to go to work due to their injury is also required. Once the evidence has been gathered Your lawyer will then prepare a package of demands that detail the amount you've lost due to the truck accident. This is then sent to the insurer of the other driver. The package includes a clear message that states the facts of the case, how you were injured and the amount you are requesting. There may be back-and-forth communication during this negotiation process, and if a deal is not reached, your attorney will initiate a lawsuit on behalf. In most cases, a claimant can claim back wages lost due to the bodily injury liability coverage of the driver at the fault. If this isn't possible, an injured person can file a claim with their own auto insurance company. This is only up to the limits of their personal injury protection insurance (PIP). Pain and Suffering In addition to financial loss Truck accidents typically result in substantial emotional and physical distress. These non-economic losses are often difficult to estimate a dollar value on, however they do require monetary compensation. A New York truck accident attorney will review your case to determine the value of your non-economic damages. Injury can force you to not be able to engage in your favorite activities or pastimes. You may also miss out on vacations or other activities that make life enjoyable and you should be compensated for this loss. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life. If you're injured as a result of an accident with a large truck, it is important to seek medical attention immediately. Not only will this aid in ensuring your health and safety, but it could also be an important document for any future personal injury claims. Even if the incident appears minor, it's important to undergo a thorough assessment. In time medical professionals can assess the severity of your injury and provide the correct treatment. Then, your attorney will go through all the evidence and then draft a demand letter outlining your compensation requirements. Your lawyer will then send the demand letter to the at-fault parties and their insurance providers. Your lawyer will be ready to bring them to trial if they refuse to comply with your demands. This is a sign that you are not going to back down and that they must treat you respectfully when they are attempting to offer you a fair amount of compensation. Finally, be prepared for the at-fault party's insurance company to reach out to you regarding the accident and the injuries you sustained. They're usually “wolves in sheepskins” and will attempt to obtain the information they will twist and use against your settlement in court. By having your lawyer handle all communications with insurance providers and others, you can make sure that you don't make any statements that could be used against you. Damages The most important part of a truck accident claim involves the damages. Damages can be financial (medical bills, lost wages) or non-economic (pain and suffering). All damage is caused by negligence. To be awarded compensation the victim has to prove that the responsible party did not take reasonable care while operating their vehicle or acted recklessly while on the road. Due to the huge weight and size of these vehicles, victims can suffer devastating injuries even in minor of accidents. It is crucial to seek immediate medical attention, even if your injuries appear to be minimal. This will not only safeguard your health and well-being, but also provide critical evidence for your injury claim. This will allow the insurance company to be aware of the full impact of your injuries and may stop them from arguing that you aren't as injured as you claim to be. It is also essential to keep records of all costs related to your accident. You should keep an eye on any travel expenses you incur to reach doctor's appointments and other treatments. Also any property damage that is caused by the accident. This includes your vehicle, which may be totaled in a serious crash and personal belongings such as watches and other jewelry. It is common for the insurance company of the responsible party company to attempt to contact you shortly after your crash to offer a settlement. However, you should steer clear of speaking with them or agreeing to a settlement without first consulting an experienced truck accident attorney. These representatives will often try to convince you to accept low offers that don't pay for your injuries-related expenses. A lawyer with experience will be able review your records and give you an accurate estimate of your case. In addition your lawyer will be able to determine if additional damages are available, such as punitive damages. These are damages that are designed to punish the perpetrator and deter others from engaging in similar behaviour.