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How to File a Truck Accident Claim The majority of truck accidents occur due to carelessness on the part of a trucker or trucking company. Injured victims often have to file a lawsuit in order to get full compensation for any injuries and expenses resulting from accidents. Medical expenses are a expense that truck accident victims often have to cover. The insurance company for the responsible party could require an independent medical exam to get a clear picture of your injuries and how they affect your daily life. Medical Care You need to seek immediate medical attention following an accident with a truck to ensure your health and safety. In getting medical attention as soon as you can make it easier for you to record your injuries in order to use them as evidence in your claim. It will also assist you to create an argument that is stronger and proves your injuries resulted from the crash. Medical expenses are an essential aspect of any personal injury claim. They provide evidence of the severity of your injury and how it has affected your life. Without proper documentation of your injuries, you may be unable to recover full compensation for all your injuries. In certain situations, medical care might be so extensive that it stops you from working or going back to your normal routine. In this scenario you could be entitled to compensation for lost income. Additionally, you might be entitled to reimbursement for the expense of any assistive equipment you need in order to make your life as normal as is possible. As with any accident it is possible that several parties could be accountable for the cause of a truck crash. These parties include: Truck drivers: They may be employees of a company or those who have a contract to drive for a certain employer, or independent owner-operators. They operate their trucks for themselves or for the shipper with whom they have a contract. When truck drivers are negligent or reckless, or engaging in dangerous actions on the road, they could be held accountable for the cause of an accident. Other drivers If the carelessness of another driver caused an accident, that driver could be held accountable. Other drivers are typically found to be responsible for truck accidents, particularly when the other driver was driving in a reckless manner or was distracted. The parties at fault may attempt to deny your claim by deflecting blame, logging your statements against you, or tricking you into admitting to fault. You need to hire an experienced truck accident lawyer. Your attorney will fight for your rights and ensure that the responsible party pays the amount you are owed. Lost Wages While fender-benders and parking lot scrapes are the norm for passenger cars but the same cannot be said of truck accidents. These kinds of accidents are more severe and more likely to cause permanent injuries and disabilities. They also involve larger loads, which can cause more risk to the occupants. There are several different kinds of truck drivers, including owner-operators who own their own vehicles and contract with shippers to haul items for a fee, or corporate drivers who drive vehicles of their employers. Both are liable for a crash that involves a commercial vehicle, depending on the circumstances of the incident. Someone who is injured in a collision with a truck and cannot work may be entitled to compensation for lost wages. The amount they could have earned during the time they were unable to work because of their injuries will be used to calculate the compensation. This is not just regular wages, but also benefits like paid time off and overtime. Before awarding damages for lost wages, a judge typically 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 the victim's employer is also required to confirms their wage or hourly wage, as well as the number of days they were unable to be at work due to their injury. After all evidence has been taken into consideration After all the evidence has been gathered, your lawyer will create the demand document that details how much you have lost as a result of the truck crash. The package will be sent out with an unambiguous message to the other driver’s insurance company, stating the facts of the case and the extent of your injuries. Negotiations can involve back-and-forth communications. If an agreement cannot be reached the lawyer will file a lawsuit on your behalf. In the majority of cases, a plaintiff may seek compensation for lost wages through the at-fault driver's bodily injury liability. If this is not possible the person who has been injured can submit a claim to their own insurance company for their automobile. This is only up to the limits of their personal injury protection insurance (PIP). Pain and Suffering Truck accidents can cause physical pain and emotional distress along with financial loss. These non-economic losses are often harder to determine a dollar value on, however they do need to be compensated in monetary terms. A New York truck accident attorney can evaluate your case to determine the value of your noneconomic damages. A good example of non-economic losses is the inability to pursue hobbies or engage in your favorite pastimes due injuries. You could also miss out on vacations and other activities that enrich your life, and you deserve compensation for this loss. Loss of consortium as well as loss of enjoyment of life are two other examples of non-economic damages. If you're injured in a collision with a large truck, it is important to seek medical attention promptly. Not only will this help ensure your health, but it will also serve as critical documentation for any future personal injury lawsuit. Even if the incident appears minor, it's important to undergo a thorough assessment. As time passes medical professionals can determine the extent of your injury and offer you the appropriate treatment. The next step is to have your attorney look over all the evidence, and then compile a demand letter that sets forth your compensation needs. Your lawyer will then send the demand letter to the parties at fault and their insurance providers. If they are unwilling to accept your demands your lawyer will be ready to take them to the court. This shows that you are not going to back down, and that they should treat you with respect when they are attempting to offer you a fair amount of compensation. Be prepared for the at-fault party's insurance provider to contact you about the collision and your injuries. They're usually “wolves dressed as sheep,” and they'll try to obtain information from you that they can alter out of context and use against you in court to minimize your settlement. By the lawyer handling all communications with insurance companies and other parties, you will stay clear of making statements that could be used against you. Damages The most significant element of an accident claim involving a truck is the damages. These could be financial like medical bills and lost wages, or non-economic, like suffering and pain. In frisco truck accident lawsuit , there's one thing that all damages share and that is that they result of the negligence of another party. In order to claim compensation for these losses, an injured victim must prove that the liable party did not exercise reasonable care when operating or maintaining their vehicle, or was reckless on the roads. As a result of the massive weight and size of these vehicles, the victims may suffer severe injuries even in minor of accidents. It is imperative to seek medical attention immediately even if your injuries appear to be minor. This will not only safeguard your health, but will also provide important documentation for any potential injury claim. This will help your insurance company understand the full extent of your injuries and can help them avoid arguing that you're not really injured as you claim. Similarly, it is vital to keep records of all expenses incurred in connection with your accident. You should keep track of any travel expenses you incur in order to attend doctor's appointments as well as other treatments. Also, any property damage that was caused by the accident. This includes your vehicle that may be damaged in a serious crash as well as personal items like watches and other jewelry. It is typical for the liable party's insurance company to try to reach you after the crash to offer an agreement. But, you should stay clear of talking to them or signing a settlement agreement without consulting a seasoned truck accident attorney. These people often try to convince you to accept bargains that do not enough cover the costs associated with your accident. A lawyer who is experienced will be able to review your documents and provide an accurate estimate of the case. Additionally your lawyer will determine if additional damages are available, such as punitive damages. These are damages intended to penalize the offender and deter others from engaging in similar behaviour.