Truck Accident Litigation: 10 Things I'd Like To Have Learned Sooner
escondido truck accident lawsuit
If you're a victim of a truck collision you could receive a call from the driver's or company's insurance provider. It is advised to not talk to them unless your attorney is present.
To be eligible for compensation to claim compensation, you must show that the truck driver or company failed to meet a duty of care and that this breach caused the accident. The types of damages you could pursue include:
Medical expenses
Injuries resulting from a truck accident often require extensive medical care. This could result in costly hospital bills and prescription drug costs. Many victims are unable to pay these expenses, and they remain in debt even after the accident. Accident victims injured in crashes can recover various damages, including their medical expenses.
Medical expenses can include out-of-pocket expenses resulting from an injury. They could include Xrays, MRIs and CT scans, as well as appointments with a doctor or physical therapy sessions. The cost of crutches and wheel chairs could be included in out of pocket costs. It is important to keep in mind all medical expenses. An experienced attorney can help you determine what expenses are qualified for compensation and help you file a claim for these expenses.
Generally speaking, the at-fault truck driver or their insurance policy will pay your medical expenses. They will not pay your medical expenses until you've resolved your case, or the jury has awarded you compensation following an investigation. It could take many years and you'll be accountable for the cost of medical bills out of your pocket.
Insurance companies are in the business of saving money and will use every trick they can to cut their payouts. They may appear friendly and helpful, but anything you say to them can be used against you in the future. It is best to consult a seasoned legal counsel before speaking with any representatives from insurance companies.
Your lawyer will guide you through the claims process and help you fight for full settlement. In some cases, it may be necessary to hire a medical professional or other expert to prove the severity of your injuries and how they have impacted your life.
Suffering and pain
Being struck by a semi-truck can result in severe injuries. These injuries can be life-altering and can cause lasting suffering and pain.
Because truck accidents are so devastating, they are more emotional than accidents that involve smaller vehicles. They also can have more consequences for the victim and their family, including lost income. If you've suffered severe injuries as a result of a collision with a truck, you can seek damages for your physical and emotional pain and suffering.
The amount you may be entitled to in this section of your claim may vary. This is due to the fact that it can be difficult to accurately measure the extent of your suffering and pain. There are guidelines that judges or jury can use to determine the value of your injury. These include medical records, evidence of mental health treatment, diaries or other records of your day-to-day activities and statements from family members or acquaintances about how the injury has affected their lives.
A spinal cord injury or broken back can result in severe mobility and pain. These injuries can be life-threatening and require continuous treatment and surgical repair. They can also cause psychological and physical symptoms such as depression, anxiety fear, shock, anger, insomnia, or post-traumatic stress disorder (PTSD).
If the negligent party led to the accident, they should be accountable for the injuries that you've sustained. This is the case even if they didn't drive at the time of the crash or were drunk or did not follow traffic laws or trucking laws. They could also be held accountable for punitive damages.
Loss of wages
You may be entitled to compensation for your loss of wages if injuries keep you working for a long period of time. This compensation is calculated according to the amount of money you would have received had not missed work due to your accident-related injuries. It doesn't matter whether you used sick days or vacation time. You will have to provide proof to the insurance adjuster of your earnings and losses. This evidence can be gathered through a written statement from your doctor that outlines your medical condition and the amount of work you must miss, as well as previous pay stubs, W-2s, and tax returns.
It is important to know that you may also be able to seek damages for loss of enjoyment and quality of life. This is a type of compensation for injuries that prevent you from engaging in your most loved pastimes and activities, like traveling or engaging in hobbies. You may also be eligible to claim compensation for lost income in the future if your injuries prevent you from returning to the same type of job in the future.
While non-economic damages are less tangible than lost wages and other financial losses, they can be substantial. Examples include suffering and pain in the form of scarring or disfigurement and loss of enjoyment of life. These types of damages can be significant for those who have suffered serious injuries as a result of a crash involving a truck particularly when the injuries involve internal organs. In extreme instances you may be able to seek punitive damages. These are designed to punish the person who is at fault and stop them from committing the same reckless conduct in the future. These types of damages are not common however, they can be granted when the truck driver has been deemed to be reckless or negligent.
Punitive damages
You could be entitled to compensation for your loss of wages if injuries prevent you working in the same capacity. This is a major issue for many truck accident victims since they might not be able pay their everyday expenses without income they were receiving from their work. Additionally, your medical bills can pile up quickly. To ensure you get the most money for your losses, you'll need an experienced attorney for truck accidents.
If the negligence of the truck driver or the trucking company caused your injuries, you could be entitled to punitive damages in addition to the compensatory damages outlined above. But, this isn't an easy claim to win. The law governing punitive damages is very strict. To be eligible for this type of award, a plaintiff must establish that the trucking company or its driver was guilty of fraud or malice or committed willful misconduct.
In general, juries award punitive damage in order to punish those who have committed wrongdoing. They also want to send a clear signal that such conduct is not tolerated. If a jury decides that a truck driver was driving their rig under the effects of drugs or speeding and the jury awards substantial punitive damages, they hope that they will deter others from engaging in similar shocking conduct in the near future.
You must prove that the act was not a one-off incident, but a pattern of conduct or indifference. Because of this, a lot of truck accident lawyers aren't comfortable bringing a punitive damages claim based solely on boilerplate claims of reckless conduct. In a recent instance for example, the court dismissed a punitive damages claim filed by Garkusha who was driving a Quality Logistics truck at the time of the accident with Plaintiff. The Plaintiff did not provide any evidence that Garkusha’s conduct prior to and during the incident exhibited an unpredictability to the consequences.
Damages for Property Damage
Due to their enormous size and weight semi-trucks and commercial trucks, and other large-sized vehicles can cause more serious damage when they collide with smaller vehicles. As a result, victims could suffer more extensive injuries and more medical expenses as compared to other car accidents.
Keep meticulous logs of all expenses and losses associated with your accident. This will help maximize the value of any claim. Keep track of each expense, such as when your injuries were caused by a truck accident, and you require multiple surgeries and outpatient treatments, physical therapy and prescription medication. Also If your injuries have caused you to miss work, document the loss of wages and future earning potential.
Documenting all property damage is important. If your vehicle is damaged beyond repair or requires significant repairs, note the current value of the vehicle along with any other personal belongings that were damaged or destroyed in the accident. This includes items like electronics, clothing furniture, furniture, as well as other valuable items. In addition, if you've had to rent a vehicle or travel for doctor appointments take note of the expense and record any other costs connected to these trips.
Insurance companies usually contact victims of accidents shortly after the accident to offer settlements prior to the victim has a chance to speak with a lawyer. These offers are tempting, but they do not pay victims for all of their costs incurred as a result of the accident. A knowledgeable attorney can help you in avoiding a low settlement and in ensuring that the responsible party pays for the entire amount of your case.
Your lawyer will collect and review all documents before submitting them to the insurance company of the responsible party as part your claim. They will also negotiate with the insurance company to ensure that you receive damages that reflect the real value of your losses.