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How to File a Truck Accident Claim The majority of truck accidents happen due to carelessness on the part of a trucker or trucking firm. In most cases, victims of injury are required to file a lawsuit in order to get full compensation for the accident-related costs. Medical expenses are a expense that victims of truck accidents typically need 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 activities. Medical Care You must seek medical attention immediately following an accident with a truck to ensure your safety and health. In addition, getting medical attention as soon as possible will make it easier to record your injuries in your claim. It can also help you build an argument that is stronger and proves your injuries were caused by the accident. Medical expenses are a crucial component of any personal injury claim. They show the extent of your injuries and how they affected your life. Without solid documentation of your injuries, you may be unable to recover full compensation for all your losses. In certain instances the medical treatment could be so long that you're unable to work or resume your usual activities. When this happens you could be able to recover compensation for the loss of income. You could also be eligible to receive reimbursement for the cost of any assistive device that you require to lead the normal life. As in any accident, there are a variety of parties who could be held liable for a truck accident. These parties include: Truck drivers: Truck drivers can be employees of a company who are contracted to work for a specific employer or an independent owner-operators who operate their trucks for the shipper they contract with. If truck drivers are negligent or reckless, or engaging in dangerous actions on the road, they can be held accountable for the cause of the crash. Other drivers If the carelessness of another driver led to an accident, that driver could be held liable. Other drivers are often found to be responsible for truck-related accidents, especially when the other driver was driving recklessly or distracted. topeka truck accident lawsuit may try to minimize your claim, by shifting blame or recording the statement against you, or deceiving your into admitting fault. This is the reason you need to hire a skilled truck accident lawyer. Your attorney will fight to defend your rights and ensure that the responsible party pays you what you're due. Lost Wages While fender-benders and parking area scrapes are a common occurrence for passenger vehicles, the same cannot be said of truck accidents. These kinds of crashes are more serious and are more likely to result in permanent disability and long-term injuries. They also carry more weighty loads that could put the occupants in greater danger. There are a variety of truck drivers. These include owner-operators who own their own trucks and contract with shippers to haul items for a fee, or company drivers who operate vehicles that are owned by their employers. Both parties can be held responsible for any crash involving commercial vehicles based on the circumstances. A person who has been injured in a crash involving a truck and is unable to work could be entitled to compensation for the loss of wages. They are based on the amount of the money they could have earned while they were unable work because of their injuries. This includes regular pay as well as benefits such paid time off or overtime. In order to award damages for lost wages, a judge generally examines a letter from the doctor who treated the injured party that outlines their treatment plan and explains why they were unable to work. A letter from their employer verifying their salary, hourly wage and the number of days they were unable go to work due to the injury is also required. Once all evidence has been obtained After all the evidence has been gathered, your lawyer will create a demand package that outlines how much you have lost due to the truck crash. It is then sent as an explicit message to the insurer of the other driver, detailing the details of the case and the extent of your injuries. There may be back-and-forth communication throughout the negotiation process and if an agreement is not reached, your lawyer will bring a lawsuit on your behalf. In the majority of situations, a claimant is able to recuperate lost wages under the bodily injury liability coverage of the driver at the fault. If this isn't available or is not available, those injured by an uninsured or underinsured motorist can make 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 can cause significant emotional and physical discomfort. These non-economic losses are difficult to quantify, yet they merit compensation in the form of monetary. A skilled New York truck accident lawyer will review your case and determine the worth of your non-economic damages. The injuries can cause you to be unable to take part in your preferred hobbies or activities. You could also miss out on vacations or other activities that make life more enjoyable and you should be compensated for this loss. Other examples of non-economic losses are loss of consortium and enjoyment of life. It is imperative to seek prompt medical attention for any injuries caused by a collision with the size of a truck. This will not only help you maintain your health but also serve as an important document to file any future personal injury claims. It's also important to get an accurate medical assessment even if the injuries seem to be minor at the time. As time passes medical professionals will be able to determine the severity of your injury and provide the appropriate treatment. The next step is to have your attorney review all evidence and then draft an order letter that sets out your compensation requirements. Your lawyer will then send the letter to the party responsible and their insurance companies. Your lawyer will be prepared to go to trial if they are unable to comply with your demands. This demonstrates to them that you are not going to compromise and they should be treated with respect if they want you to receive fair compensation. Be prepared for the at-fault party's insurance company to contact you about the collision and the injuries you sustained. They are usually “wolves in sheepskins” and will attempt to convince you to provide them details that they can twist and use against your settlement in court. By having your lawyer handle all communications with insurance companies and others, you'll be able to avoid making any statements that could be used against you. Damages The most important part of an accident claim involving a truck is the damages. These could be financial like medical bills and lost wages, or non-economic such as pain and suffering. All injuries are the result of negligence. To receive compensation, the victim must prove that the party responsible did not exercise reasonable care while operating their vehicle or acted recklessly while on the road. Even minor accidents could cause catastrophic injuries due to the weight and size. Even if you feel that your injuries aren't severe It is imperative to seek immediate medical care. This will not only protect your health, but will also provide crucial documentation in the event of a possible injury claim. This will help your insurance provider know the full extent of your injuries, and may prevent them arguing that you're not as injured as you claim. In the same way, it is essential to keep records of all costs related to your accident. It is essential to keep an eye on any travel expenses you incur to reach doctor's appointments and other treatments. Also the property damage caused by the accident. This includes your car, which could be totaled, as well as other personal items such as jewelry and watches. Insurance companies are often contacted to offer a settlement shortly after the crash. But, you should stay clear of engaging with them or entering into a settlement without first consulting an experienced truck accident attorney. They will usually try to convince you to accept lower settlements that don't cover incident-related expenses. A reputable lawyer will look over your documents and provide you with an accurate 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 penalize the offender, and discourage others from engaging in similar behaviour.