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How to File a Truck Accident Claim The majority of accidents on trucks are caused by negligence on the part a truck driver or trucking company. The victims of injuries are typically required to bring a lawsuit to receive full compensation for any accident-related expenses. Medical bills are a typical expense for truck accident survivors. Insurance companies may demand an independent medical examination to determine the extent of your injuries and their impact on your daily activities. Medical Care When you are in a truck accident, you need immediate medical attention to ensure your health and safety. Getting medical attention as soon as you can aid you to document the injuries you sustained in order to use them as evidence in your claim. It will also help create an evidence-based case that proves your injuries were caused by the crash. Medical expenses are an essential part of any claim for personal injury. They demonstrate the extent of your injury and how it has affected your life. Without solid documentation of your injuries, you could not be able to obtain full compensation for all your damages. In certain instances the medical treatment might be so long that you're unable to work or return to your normal activities. In this case you could be eligible to receive compensation for your lost income. You may also be entitled to reimbursement of the cost of any assistive device that you require to live an ordinary life. In any accident, there are a variety of parties who are liable in the outcome of a truck accident. These include: Truck drivers: They could be either company employees with a contract to drive for an employer or independent owner-operators. They operate their trucks on behalf of themselves or for the shipper with whom they have signed a contract. If truck drivers are negligent, reckless, or otherwise performing unsafe activities on the road, they can be held accountable for causing the crash. Other drivers: If a driver's negligence contributed to the crash, that driver could be held responsible. Other drivers are typically blamed for truck accidents, specifically when the other driver was driving recklessly or distracted. The liable parties may try to minimize your claim, by denying responsibility and recording your statement against you, or deceiving you into admitting to fault. You need to hire an experienced truck accident attorney. Your attorney will fight to protect your rights and ensure that the responsible party is paid what you are due. Lost Wages While fender-benders as well as parking lot scrapes are commonplace for cars that are driven by passengers but the same cannot be said about truck accidents. These accidents are more serious and more likely to result in long-term injuries and permanent disabilities. They also carry heavier loads that can put the occupants in greater danger. There are bryan truck accident attorney of truck drivers, which include owner-operators who own their own trucks and contract with shippers to transport goods for a fee, or company drivers who drive the vehicles owned by their employers. Both can be liable for a crash that involves commercial vehicles, based on the circumstances surrounding the accident. Someone who is injured in a crash involving a truck and cannot work may be entitled to compensation for lost wages. These are calculated according to the amount of the money they could have earned during the time they were unable to work because of their injuries. This includes regular wages as well as benefits such paid time off or overtime. A judge will usually review the doctor's statement prior to awarding damages to the injured party for lost wages. The letter should explain the treatment plan and also as the reason why they were not able to go to work. A letter from their employer confirming their salary, hourly pay and the number of days they were unable to go to work because of the injury is also required. Once all evidence is collected after which your lawyer will prepare an order that details the amount you have lost as a result of the accident. The package is sent to the other driver's insurance company with clearly stating the facts of the situation, how you were injured and the amount you're requesting. There could be back and forth communication during the negotiation process, and if a deal is not reached, your attorney will bring a lawsuit on your behalf. In the majority of cases, a person who is claiming damages can recover lost wages from the bodily injury liability coverage of the driver who was at the fault. If it is not available or not available, the person who was injured by an uninsured or underinsured motorist can file a claim through their own insurance company up to their personal injury protection (PIP) coverage limit. Suffering and Pain In addition to financial losses, truck accidents often result in substantial physical pain and emotional distress. These non-economic damages are usually difficult to estimate a dollar value on, but they nevertheless need to be compensated in monetary terms. A knowledgeable New York truck accident lawyer can review your case and determine the potential value of your non-economic losses. The injuries can cause you to not be able to engage in your favorite activities or activities. You could miss out on vacations or other events 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've been injured in an accident involving a large truck, it is important to seek medical attention immediately. Not only will this ensure your health and safety, but it could also serve as critical documentation for any future personal injury lawsuit. It is also essential to undergo an exhaustive medical examination even if the injuries appear to be minor at the time. As time passes medical professionals can assess the severity of your injury and provide you with the right treatment. The next step is to have your attorney look over all the evidence and create an official demand letter setting out your compensation requirements. Your lawyer will send the letter to the responsible parties and their insurance companies. If they don't agree to your demands then your lawyer will be ready for the court. This indicates that you are not going to back down and that they must respect you if they wish to give you a fair and reasonable amount. Be prepared for the insurance company of the party responsible to contact you about the collision and any injuries you suffered. They're often “wolves in sheep's clothing,” and will attempt to get information from you, which they could alter out of context and use against you in court to limit your settlement. You can stay clear of making statements that could be used against your best interests by letting your attorney handle all communications with insurers and others. Damages Damages are the most significant element of any truck accident claim. These may be economic like medical bills and lost wages, or not, such as pain and suffering. In both cases however, there is one thing that all damages share and that is that they result of the negligence of another party. To be awarded compensation the victim must prove that the person responsible did not take reasonable care while operating their vehicle or acted recklessly while driving. As a result of the massive size and weight of these vehicles, the victims can suffer devastating injuries in even the most minor of accidents. It is essential to seek immediate medical attention, even if your injuries seem minor. This will not only ensure your health and well-being, but also provide crucial evidence for your injury claim. This will help your insurance provider comprehend the full extent of your injuries, and might help them argue that you're not as severely injured as you claim to be. It is also important to keep track of all costs incurred in connection with your accident. This includes travel costs you incur to get to doctor's appointments or other treatments and also any property damage that occurs as a result of the crash. This includes your car, which could be totaled as well as other personal items like watches and jewelry. It is typical for the insurance company of the responsible party company to try to contact you soon after your accident to offer an agreement. You should not speak to them or accept a settlement without consulting with an experienced 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 review your records and give you a precise estimate of the value of your case. Your lawyer will also be able determine if any additional damages, like punitive damages are available. These are damages intended to punish the culprit and deter others from engaging in similar behavior.