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How to File a Truck Accident Claim The majority of truck accidents are caused due to negligence on the part a trucker or trucking company. Injury victims are often required to start a lawsuit to receive full compensation for any accident-related costs. Medical expenses are a cost that truck accident victims often have to pay. The insurance company for the liable party may require an independent medical examination in order to determine the extent of your injuries and how they affect your daily life. Medical Care If you're involved in a car accident, you need immediate medical care to ensure your health and safety. In getting medical attention as soon as you can help you to record your injuries in order to use them as evidence in your claim. It will also help you create an argument that is stronger and proves your injuries resulted from the crash. Medical expenses are an essential part of any claim for personal injury. They demonstrate the severity of your injuries and how they affected your life. Without solid documentation of your injuries, you may not be able to claim full compensation for all your injuries. In some cases the medical treatment might be so that you are not able to work or return to your usual activities. In this scenario, you may be entitled to compensation for the loss of income. Additionally, you may be entitled to reimbursement for the costs of any assistive devices you require to be able to live your life in the most normal way possible. In any accident, there are several parties that could be held accountable for the outcome of a truck accident. These parties include: Truck drivers: Truck drivers can be company employees who are under contract to work for a particular employer or independent owner-operators that operate their vehicles on behalf of the shipper they contract with. Truck drivers who are negligent, reckless or engaged in unsafe driving may be accountable for the cause of an accident. Other drivers: If another driver's negligence caused an accident, that driver could be held accountable. Other drivers are frequently accountable for truck-related accidents, especially when the driver who was at fault was reckless or was distracted. The liable parties may try to deny your claim by avoiding the blame and recording your statement against you, or deceiving you into admitting to fault. This is the reason you need to work with an experienced truck accident lawyer. Your lawyer will fight to protect your rights and ensure that the responsible party pays you what you are due. Lost Wages While fender-benders and parking lot scrapes are commonplace for passenger cars However, the same cannot be said of truck accidents. These accidents are more serious and more likely to cause permanent injuries and disabilities. These crashes also involve more weight, which can make the occupants more vulnerable. There are several different kinds of truck drivers, which include 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 parties can be held liable for any crash involving commercial vehicles, depending on the circumstances. Anyone who suffers an injury in a car accident that prevents the person from working could be entitled to compensation for the loss of wages. The amount they could have made during the time they were not able to work due to their injuries is used to determine the amount of compensation. This includes regular pay along with benefits such as paid time off or overtime. A judge usually reviews the doctor's note prior to granting damages to the injured party for the loss of wages. The letter must explain the treatment plan as well as the reason they were unable to be able to work. A letter from their employer verifying their earnings, hourly wage and the number of days they were not able to work because of their injury is also required. Once the evidence has been gathered and your lawyer has gathered the evidence, they will draft a package of demands that outlines the amount you have suffered due to the truck accident. This is then sent to the insurance company of the other driver with an unambiguous message that outlines the facts of the situation as well as the way you were injured and the amount you're asking for. There may be back-and-forth communication throughout the negotiation process and if an agreement is not reached, your attorney will start a lawsuit on your behalf. In the majority of situations, a claimant is able to recover lost wages from the bodily injury liability coverage of the driver at the fault. If this isn't feasible, an injured person can make a claim through their own auto insurance company. The claim will be in the amount of their personal injury protection coverage (PIP). Pain and Suffering In addition to financial loss Truck accidents typically result in substantial emotional and physical distress. These non-economic losses are difficult to measure, but they deserve monetary compensation. A New York truck accident attorney can review your case to determine the value of your noneconomic damages. One good example of non-economic losses is the inability to engage in hobbies or in your favorite pastimes due injuries. You could miss out on vacations or other activities that make your life more enjoyable. You are entitled to compensation for these losses. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life. If you're injured in an accident involving a large truck, it's important to seek medical attention as soon as possible. This will not only aid you maintain your health but will also be a valuable document for any future personal injuries claims. It's also important to get a thorough medical evaluation even if your injuries seem minor at moment. Over time, a medical professional can determine how serious your injury really is and provide you with the correct treatment. The next step is to have your attorney go through all the evidence, and then compile an order letter that sets the compensation you require. Your lawyer will then send the demand letter to the parties at fault and their insurance companies. If they refuse to settle your demands the lawyer will be ready to go to court. This shows that you will not back down and that they must treat you with respect in the event that they want to pay you a fair and reasonable amount. Be prepared for the party at fault's insurance company to reach out to you about the collision and the injuries you sustained. They are usually “wolves in sheepskins” and will attempt to obtain the information they will twist and use against your settlement in court. You can avoid making statements that could be used against your best interests by having your attorney handle all communications with insurers and others. Damages The most important aspect of an accident claim involving a truck is the damages. These can be financial like medical bills and lost wages, or non-economic like pain and suffering. All damages are caused by negligence. To be awarded compensation, the victim must prove that the responsible party did not take reasonable care when operating their vehicle or behaved recklessly driving. As a result of the massive weight and size of these vehicles, the victims can suffer devastating injuries even in minor accidents. It is imperative to seek medical attention immediately even if the injuries appear to be minor. costa mesa truck accident attorney will not only protect your health and well-being, but will also provide the necessary evidence for your injury claim. This will allow the insurance company to comprehend the full extent of your injuries and could prevent them from arguing that you aren't as severely injured as you claim to be. It is also important to keep track of all expenses that you incur as a result of your accident. This includes any expenses you incur to get to doctor's appointments or other treatments and also any property damage that is incurred in the accident. This includes your vehicle that could be destroyed in a serious crash, and also personal items like watches and other jewelry. It is common for the insurance company to try to reach you after the crash to offer a settlement. But, you should stay clear of making contact with them or entering into a settlement without consulting a knowledgeable truck accident lawyer. They are often trying to convince you to accept lower settlements that don't cover injuries-related expenses. A knowledgeable lawyer will be able to examine your records and provide you with an accurate estimation of the value of your case. Additionally your lawyer will determine whether any additional damages are available such as punitive damages. These are damages that are designed to punish the person who committed the offense and deter others from engaging similar behavior.