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How to File a Truck Accident Claim The majority of accidents involving trucks are caused by negligence on the part of the truck driver or the trucking company. Injury victims are often required to file a lawsuit in order to receive full compensation for any accident-related costs. Medical expenses are a expense that victims of truck accidents typically have to pay. The insurance provider for the liable party may require an independent medical examination to get a clear picture of your injuries and how they affect your daily life. Medical Care You must seek immediate medical attention following a truck accident to ensure your health and safety. In getting medical attention as soon as possible will allow you to document your injuries so that you can use them as evidence in your claim. This will also help you to build stronger evidence that your injuries are the result of because of the accident. Medical expenses are an important aspect of any claim for personal injury. They show the severity of your injury and how it has affected your life. Without a solid record of your injuries, you could not be able to claim full compensation for all of your damages. In certain instances medical treatment may be so that you are unable to work or return to your regular activities. If this occurs you may be able to claim compensation for your lost income. Additionally, you may be entitled to reimbursement for the cost of any assistive devices you need in order to be able to live your life as normal as possible. As with any accident there are many parties that could be held responsible for the crash of a truck. These parties include: Truck drivers: They can be either company employees or those who have a contract to drive for an employer or independently owned operators. They operate their trucks on behalf of themselves or the shipper with whom they have an agreement. Truck drivers who are reckless, negligent or engage in reckless driving may be held accountable for causing an accident. Other drivers: If a driver's negligence contributed to a crash, that person could be held accountable. It is not uncommon for other drivers to be liable in truck accidents, especially when the other party was driving in a reckless manner or was distracted. The responsible parties might try to deny your claim by deflecting the blame by recording your statements against you, or bribing you into admitting that they are at fault. This is why you should to consult with a seasoned truck accident lawyer. Your attorney will fight for your rights and make sure the responsible party pays you what you're due. Lost Wages While fender-benders and parking lot scrapes are a common occurrence for cars that are driven by passengers but the same cannot be said about truck crashes. These crashes are more serious and more likely to cause long-term injuries and permanent disabilities. farmington hills truck accident lawsuit carry larger loads, which could put occupants at greater risk. There are many different types of truck drivers. Owner-operators, who own their own vehicles and contract with shippers in exchange for a fee to transport goods, or company drivers, who drive vehicles owned by their employer. Both are liable for a crash that involves commercial vehicles, based on the circumstances surrounding the accident. Anyone who is injured in a collision with a truck and cannot work may be entitled to compensation for the loss of wages. The amount they could have earned during the time they were unable work because of their injuries will be used to determine the amount of compensation. This is not just regular salaries, but benefits like paid time off and overtime. Before awarding damages for lost wages, a judge normally examines a letter from the injured party's physician that provides a treatment plan and explains why they were unable to work. A letter from the injured party's employer is also required. It confirms their hourly or salary wage, as well as the number of days they were unable go to work due to their injury. Once all evidence is collected after which your lawyer will prepare an itemized list of demands that outlines the amount you have lost due to the truck accident. The demand package is sent as a clear message to other driver’s insurance company, detailing the details of the incident and how you were injured. Negotiations may include back-and forth communications. If an agreement is not able to be reached then your lawyer will file a suit on your behalf. In most cases, a person who is claiming damages can claim back wages lost due to the bodily injury liability insurance of the driver who was at the fault. If this isn't feasible, an injured person can file a claim with their own insurance company for their automobile. The claim will be up to the limit of their personal injury protection insurance (PIP). Pain and Suffering In addition to financial losses truck accidents can cause significant emotional and physical pain. These non-economic damages are difficult to measure, but they merit compensation in the form of monetary. A New York truck accident attorney will review your case to determine the value of your non-economic damages. Injury can force you to be unable to participate in your preferred hobbies or activities. You could also miss going on vacations and other activities that enrich your life and you are entitled to compensation for this loss. Loss of consortium and loss in enjoyment of life are also examples of non-economic losses. If you've been injured in a collision with a large truck, it's crucial to seek medical attention as soon as possible. This will not only assist you maintain your health but will also be an important document to file any future personal injury claims. It's also important to obtain a thorough medical evaluation even if your injuries seem minor at the time. Over time medical professionals will be able to determine the severity of your injury and give you the right treatment. Then, your attorney will review all the evidence and create an order letter that outlines your demands for compensation. Your lawyer will then send the letter to the responsible parties 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 must treat you with respect if they want you to receive fair compensation. Lastly, be prepared for the party at fault's insurance provider to contact you regarding the accident and the injuries you sustained. They are often “wolves in sheep's clothing,” and will attempt to obtain information from you, which they could alter out of context and use against you in court to limit your settlement. You are able to avoid making statements that could be used against you by letting your attorney handle all communications with insurers and others. Damages The most significant element of a truck accident claim involves the damages. These could be financial, such as medical bills and lost wages, or non-economic like pain and suffering. All damage is caused by negligence. Consequently, to receive compensation for these losses, the victim of injury must demonstrate that the responsible party did not exercise reasonable care when operating or maintaining their vehicle or negligently acted on the road. Even minor accidents can result devastating injuries due to the weight and size. Even if your injuries aren't serious it is essential to seek immediate medical attention. This will not only ensure your health, but it will also provide crucial documentation for any potential injury claim. This will allow your insurance company to determine the extent of your injuries and might help them argue that you're not as severely injured as you claim. It is also essential to keep track of any expenses that result from your accident. This includes any travel costs you incur to travel to appointments with a doctor or other treatments and any property damage that occurs as a result of the accident. This includes your vehicle, which may be totaled in a serious crash, and personal belongings like watches and other jewelry. It is typical for the liable party's insurance company to attempt to contact you shortly after your crash to offer an offer of settlement. You should not talk to them or accept a settlement prior to consulting with an experienced truck accident lawyer. They often try to entice you to accept low offers that do not provide enough coverage for the costs associated with your accident. A lawyer who is experienced will be able to review your records to provide an accurate assessment of your case. Your lawyer can also determine if additional damages, such as punitive damages are available. These are damages that are intended to penalize the offender, and discourage others from engaging in similar behaviour.