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How to File a Truck Accident Claim The majority of truck accidents happen by negligence on the part of a trucker or trucking company. Injury victims are often required to file a lawsuit in order to receive full compensation for any accident-related expenses. Medical bills are a typical expense for those who have suffered from a truck accident. Insurance companies may demand an independent medical examination to determine the severity of your injuries and the impact they have on your daily routine. Medical Care You need to seek immediate medical attention after an accident involving a truck to ensure your health and safety. Getting medical attention as soon as you can will also aid you to document your injuries so that you can use them as evidence in your claim. This will also help you build an argument that your injuries are the result of because of the accident. Medical expenses are an essential element of any personal injury claim. They show the extent of your injuries and how they have affected your life. You might not be able to get full compensation if you do not have proof of your injuries. In certain instances, medical care might be too extensive to prevent you from working or returning to your normal activities. When this happens you could be able to recover compensation for your lost income. You may also be eligible for reimbursement of the cost of any assistive device you need to live a normal life. As with all accidents there are many parties that can be held accountable for a truck crash. The parties involved include: Truck drivers: Truck drivers could be employees of companies who are under a contract to work for a particular employer, or independent owner-operators who operate their trucks on behalf of their own company or a shipper they contract with. When truck drivers are negligent, reckless, or otherwise engaged in unsafe actions on the road, they can be held responsible for causing an accident. Other drivers When the negligence of another driver caused the crash, the driver could be held responsible. Other drivers are frequently accountable for truck accidents, particularly when the other driver was driving in a reckless manner or distracted. The responsible parties could attempt to minimize your claim through trying to minimize the blame, recording your statements against you, or trying to trick you into admitting responsibility. This is why you should to work with an experienced truck accident lawyer. Your attorney will fight to defend your rights and ensure the responsible party pays you what you owe. Lost Wages While fender-benders as well as parking lot scrapes are the norm in passenger cars however, the same can't be said of truck accidents. These kinds of accidents are more severe and more likely to cause long-term injuries and permanent disabilities. chicago truck accident attorney involve heavier loads that can put the occupants at risk. There are a variety of truck drivers, such as owner-operators who own their own trucks and contract with shippers to transport goods for a fee or corporate drivers who operate the vehicles that are owned by their employers. Both of them can be held accountable in a collision that involves a commercial vehicle, depending on the circumstances of the crash. Anyone who suffers an injury in a truck accident that prevents them from working could be entitled to compensation for lost wages. The amount they could have earned during the time they were unable work due to their injuries is used to determine the amount of compensation. This includes regular salaries along with benefits such as paid time off or overtime. In order to award damages for lost wages, a judge generally examines a letter from the injured party's doctor that outlines their treatment plan and explains why they were unable to work. A letter from their employer which confirms their earnings, hourly wage and the number of days that they were not able to work due to the injury is also required. Once all the evidence has been obtained after which your lawyer will draft an offer letter that outlines how much you have lost as a result of the truck crash. This is sent with an unambiguous message to the insurer of the other driver, providing the facts of the situation and how you were injured. Negotiations could involve back-and-forth communications. If an agreement is not able to be reached, your lawyer will file a suit on your behalf. In the majority of cases, a person who is claiming damages can recuperate lost wages under the bodily injury liability coverage of the driver at fault. If that is not available or is not available, those injured by an uninsured or underinsured motorist can make a claim through their own car insurance company, up to their personal injury protection (PIP) coverage limit. Pain and Suffering In addition to financial losses Truck accidents typically cause significant emotional and physical distress. These non-economic losses are difficult to quantify, but they deserve monetary compensation. A knowledgeable New York truck accident lawyer will review your case and determine the potential value of your non-economic damages. Injuries can make you be unable to participate in your preferred hobbies or pastimes. It is also possible to miss out on vacations and 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 other examples of non-economic losses. If you're injured in an accident with a large truck, it is important to seek medical attention immediately. This will not only aid you to keep your health in good shape but also serve as an invaluable document in any future personal injuries claims. Even if the injury appears minor, it's important to conduct a thorough examination. As time passes an expert in medical care can determine how serious your injury really is and provide you with the correct treatment. Then, your attorney will review all of the evidence and then draft a demand letter outlining your needs for compensation. Your lawyer will then send the letter to the party responsible and their insurance companies. Your lawyer will be prepared to bring them to trial if they do not meet your demands. This lets them know that you're not willing to back down and they must treat you with respect if they want you to get fair compensation. Be prepared for the insurance company of the responsible party to contact you about the collision and any injuries that you suffered. They're often “wolves in sheepskins” and will try to obtain them information that they can manipulate and use against your settlement in court. You should avoid making statements that may be used against your own interests by letting your attorney manage all communications with insurers and others. Damages The most important thing to consider is the damages component of any truck crash claim. These can be financial like medical bills and lost wages, or non-economic, like suffering and pain. All damages are caused by negligence. Therefore, to receive compensation for these losses, an injured victim must be able to prove that the responsible party failed to take reasonable care while operating or maintaining their vehicle or acted recklessly on the road. As a result of the enormous weight and size of these vehicles, the victims can suffer devastating injuries even in minor of accidents. It is imperative to seek immediate medical attention even if the injuries seem to be minor. This will not only ensure your health, but it will also provide important documentation in the event of a possible injury claim. This will help your insurance company comprehend the full extent of your injuries and may prevent them arguing that you're not as severely injured as you claim. In the same way, it is essential to keep a record of all expenses associated with your accident. This includes travel expenses you incur in order to get to doctor's appointments or other treatments and also any property damage that occurs as a result of the accident. This includes your vehicle which could be totaled in a serious crash, as well as personal possessions such as watches and other jewelry. It is common for the insurance company of the responsible party company to try to reach you after the crash to offer a settlement. Do not contact them or accept a settlement prior to consulting with a knowledgeable truck accident lawyer. These people will often try to convince you to accept low offers that don't cover your incident-related expenses. A knowledgeable lawyer will look over your documents and give you a precise estimation of the value of your case. In addition your lawyer will be able to determine whether any additional damages are available, such as punitive damages. These are damages that are designed to punish the perpetrator, and discourage others from engaging in similar conduct.