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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. Injured victims typically have to file a lawsuit to get full compensation for any injuries and expenses resulting from accidents. Medical expenses are a expense that victims of truck accidents typically have to pay. Insurance companies can require an independent medical examination to determine the extent of your injuries and the impact they have on your daily routine. Medical Care You need to seek medical attention right away following an accident involving a truck to ensure your safety and health. Also, seeking medical attention as soon as possible will make it easier to note your injuries in your claim. This will also assist you to make stronger evidence that your injuries were caused because of the accident. Medical expenses are a crucial aspect of any claim for personal injury. They show the severity of your injury and how it has affected your life. You may not be eligible to get full compensation if you do not have proof of your injuries. In certain cases the medical treatment could be so long that you're unable to work or return to your usual activities. If this occurs you may be able to claim compensation for the loss in income. In addition, you could be entitled to reimbursement for the costs of any assistive devices you require to live your life as normal as you can. In every accident, there are several parties that can be held responsible for an accident involving a truck. These parties include: Truck drivers: Truck drivers may be company employees who are under contract to work for a specific employer, or independent owner-operators who operate their trucks for their own company or a shipper they contract with. Truck drivers who are negligent, reckless or engage in reckless driving may be held accountable for the cause of an accident. Other drivers If the carelessness of another driver caused a crash that person could be held liable. It is common for other drivers to be liable in truck accidents, especially when the other party was driving recklessly or distracted. The responsible parties might try to minimize your claim by shifting blame and recording your statement against you, or tricking you into admitting guilt. This is why you should to consult with a seasoned truck accident lawyer. Your lawyer will fight for your rights and ensure the responsible party pays you what you are due. Lost Wages Accidents involving trucks aren't the typical. These accidents are more serious and more likely to result in permanent injuries and disabilities. They also have larger loads, which can put occupants in more danger. There are a variety of truck drivers. Owner-operators, who own their own trucks and contract with shippers for a cost to transport goods, or company drivers who drive vehicles that are owned by their employer. Both parties can be held accountable for a crash that involves commercial vehicles, based on the circumstances. A person who suffers an injury in a truck accident that prevents the person from working could be entitled to compensation for lost wages. These are calculated based on the amount of the money they could have earned while they were unable to work as a result of their injuries. This includes not just regular salaries, but benefits like paid time off and overtime. A judge usually reviews a doctor's letter before awarding damages to the person who was injured for lost wages. The letter should explain the treatment plan as well as why they were unable go to work. A letter from the person's employer is also required. It is proof of their hourly or monthly wage, and the number of days they were unable to go to work due to their injury. Once all evidence is collected, your attorney will prepare an itemized list of demands that detail the amount you've lost as a result of the accident. This is then sent to insurance company of the other driver. It includes an unambiguous message that outlines the facts of the situation and the extent of your injuries and the amount you are requesting. There could be back and forth communication during the negotiation process, and if a deal is not reached, your lawyer will initiate a lawsuit on behalf. In the majority of instances, a plaintiff is able to get compensation for lost wages through the at-fault driver's liability bodily injury coverage. If this isn't an option the injured person may make a claim through their own insurance company for their automobile. The claim will be up to the limits of their personal injury protection insurance (PIP). Pain and Suffering Accidents with trucks can cause physical pain and emotional distress as well as financial loss. These non-economic damages are difficult to quantify, yet they require compensation in the form of money. A New York truck accident attorney will review your case to determine the value of your noneconomic damages. The injuries can cause you to be unable to take part in your most loved hobbies or activities. You could also be missing out on vacations or other activities that make life more enjoyable and you're entitled to compensation for this loss. miami gardens truck accident law firm of non-economic losses include loss of consortium and loss of enjoyment of life. It's important to seek immediate medical attention for any injury after a collision with the size of a truck. This will not only help you to keep your health in good shape but will also be an invaluable document for any future personal injury claims. It's also crucial to have an exhaustive medical examination, even if your injuries seem minor at the moment. As time passes, medical professionals can determine the severity of your injury and give you the appropriate treatment. Then, your lawyer will then review all evidence and then draft an order letter that outlines your requirements for compensation. Your lawyer will then forward the demand letter to the parties at fault and their insurance companies. If they do not agree to meet your demands your lawyer will be prepared to take them to court. This indicates that you will not back down, and that they should treat you with respect should they decide to offer you a fair amount of compensation. Be prepared for the insurance company of the person who was at fault to contact you regarding the collision and any injuries you sustained. They are frequently “wolves in sheep's clothes,” and they will try to get information from you that they could twist out of context and use against you in court to reduce the amount you receive in settlement. By having your lawyer handle all communications with insurance companies and others, you'll be able to be sure to avoid making statements that could be used against you. Damages The most important aspect of the truck accident claim is the damages. Damages can be economic (medical expenses and lost wages) or non-economic (pain and suffering). All injuries are the result of negligence. Therefore, in order to be compensated for these losses, the injured victim must demonstrate that the responsible party failed to take reasonable care in operating or maintaining their vehicle or was reckless on the roads. Even minor accidents can result catastrophic injuries due to the weight and size. Even if your injuries are minor it is essential to seek immediate medical care. This will not only protect your health but also provide important documentation for any injury claim that could be filed. This will help your insurance company comprehend the full extent of your injuries, and may prevent them arguing that you're not really injured as you claim to be. Additionally, it is crucial to keep a record of all costs related to your accident. This includes any travel costs you incur for getting to doctor's appointments or other treatments, as well as any property damage that is incurred in the accident. This includes your car, which could be totaled and other personal items such as jewelry and watches. It is not uncommon for the insurance company of the responsible party company to try to reach you shortly after your crash to offer an agreement. You should not speak to them or accept a settlement before consulting with an experienced truck accident lawyer. These representatives often try to entice you to accept low-cost offers that don't provide enough coverage for the costs associated with your accident. A lawyer with expertise will be able to examine your documents and provide you with an accurate assessment of your case. Your lawyer will also determine if any additional damages, such as punitive damages are available. These are damages designed to punish the perpetrator and deter others from engaging in similar behavior.