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How to File a Truck Accident Claim The majority of truck accidents happen by carelessness on the part of a trucker or a trucking company. The injured victims usually have to file a lawsuit in order to get full compensation for any injuries and expenses resulting from accidents. Medical bills are a common cost for victims of truck accidents. Insurance companies can require an independent medical examination to determine the extent of your injuries and their impact on your daily activities. Medical Care You need to seek immediate medical attention after the accident to ensure your health and safety. Getting medical attention as soon as you can will also allow you to document your injuries to use them as evidence in your claim. This will also help you to make more convincing evidence that your injuries occurred due to the accident. Medical expenses are a crucial aspect of any claim for personal injury. They are a way to show the extent of your injury and how it has affected your life. You might not be able to get the full amount of compensation if don't have a solid record of your injuries. In certain instances medical attention may be enough to stop you from working or returning to your normal routine. In this scenario, you may be entitled to compensation for lost income. You could also be eligible to receive reimbursement for the cost of any assistive device that you require to live an ordinary life. Like any other accident there are many parties that could be accountable for a truck crash. These parties include: Truck drivers: They may be employees of a company, who have a contract to drive for a particular employer or independently owned operators. They operate their vehicles for their own company or the shipper for whom they have signed a contract. Truck drivers who are negligent, reckless or engage in reckless driving may be held accountable for causing an accident. Other drivers: If another driver's negligence caused an accident, the driver may be held responsible. Other drivers are frequently held responsible for truck accidents, especially when the other driver was driving recklessly or was distracted. The responsible parties may try to deny your claim by shifting blame, recording your statements against you, or trying to trick you into admitting responsibility. You should hire an experienced truck accident lawyer. Your attorney will fight for your rights and will ensure that the responsible party pays you what you are owed. Lost Wages While fender-benders as well as parking lot scrapes are a common occurrence for cars that are driven by passengers however, the same can't be said about truck crashes. These kinds of accidents are more severe and are more likely to result in long-term injuries and permanent disabilities. These crashes also carry more weight, which can put occupants at greater risk. There are a variety of truck drivers. Owner-operators, who own their own trucks and contract with shippers to pay a fee to haul goods or company drivers, who operate vehicles owned by their employer. Both can be liable in a crash involving commercial vehicles, based on the circumstances of the accident. A person who suffers an injury in a car accident that hinders them from working could be entitled to compensation for the loss of wages. The amount they could have earned during the time they were unable work because of their injuries will be used to determine the amount of compensation. This includes regular wages and benefits like paid time off or overtime. In order to award damages for lost wages, a judge usually reads a letter from injured party's doctor, which describes their treatment plan and explains why they were unable to work. A letter from the person's employer is also required that confirms their hourly or salary wage, and the number of days they were unable attend work due to their injury. After all the evidence has been taken into consideration and analyzed, your lawyer will draft an offer letter that outlines the amount you've suffered as a result of the truck accident. evanston truck wreck lawyer is sent to the other driver's insurance company with a clear statement that outlines the facts of the situation as well as the way you were injured and the amount you're requesting. Negotiations could involve back-and-forth communications. If a deal cannot be reached your lawyer will file a suit on your behalf. In most instances, a plaintiff is able to get compensation for lost wages under the at-fault driver's bodily injury liability. If this isn't feasible the injured person may make a claim through their own insurance company for their automobile. This will only be limited to the maximum amount of their personal injury protection insurance (PIP). Suffering and Pain Accidents involving trucks can cause emotional and physical pain along with financial loss. These non-economic damages are usually more difficult to quantify a dollar amount on, but they nevertheless warrant monetary compensation. A New York truck accident attorney can review your case to determine the value of your non-economic damages. A great example of non-economic losses is the inability to pursue hobbies or engage in your favorite pastimes due injuries. You could also miss going on vacations and other activities that make life enjoyable, and you deserve compensation for this loss. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life. It is imperative to seek prompt medical attention for any injury caused by a collision with an enormous truck. This will not only help you to maintain your health but will also be an important document to file any future personal injury claims. Even if the injury appears small, it's important to have a thorough evaluation. As time passes medical professionals can determine the severity of your injury and provide you with the appropriate treatment. The next step is to have your attorney go through all evidence and then draft an official demand letter setting forth your compensation needs. Your lawyer will send the letter to the party responsible and their insurance companies. Your lawyer will be prepared to go to trial if they refuse to meet your demands. This shows them that you're not planning to back down and they should treat you with respect if they wish for you to be compensated fairly. Also, be prepared for the party at fault's insurance company to contact you regarding the collision and the injuries. They're often “wolves in sheepskins” and will attempt to convince you to provide them details that they can alter and use against your settlement in court. By having your lawyer handle all communications with insurance providers and other parties, you will stay clear of making statements that could be used against you. Damages The most significant aspect of an accident claim involving a truck is the damages. These can be financial like medical bills and lost wages, or non-economic, such as suffering and pain. All damages are caused by negligence. In order to claim compensation for these losses, the injured victim must prove that the responsible party did not exercise reasonable care when operating or maintaining their vehicle or was reckless on the road. As a result of the enormous size and weight of these vehicles, victims are prone to suffering severe injuries even in minor accidents. Even if your injuries aren't severe it is essential to seek immediate medical care. This will not only ensure your health, but will also give you the necessary documentation for any potential injury claim. This will help the insurance company understand the full impact of your injuries and may hinder them from arguing you're not as injured as you claim. In the same way, it is essential to keep a record of all expenses incurred in connection with your accident. This includes travel costs you incur in order to get to doctor's appointments or other treatments and also any property damage sustained in the accident. This includes your car which could be ruined and other personal belongings like jewelry and watches. Insurance companies are often contacted to offer a settlement within a few days after an accident. You should not speak to them or accept a settlement before consulting with a knowledgeable truck accident lawyer. These people will often try to convince you to accept low offers that don't cover your injuries-related expenses. A lawyer who is experienced will be able to examine your records to provide you with an accurate estimate of the case. Your lawyer can also determine if additional damages, like punitive damages are available. These are damages intended to punish the wrongdoer and deter others from engaging in the same behavior.