longview truck accident lawyer may be approached by the insurance company of the driver or the company in the event that you have been the victim of a truck accident. It is advised to not talk to these individuals unless you have an attorney present.
You must prove that the truck driver or company breached their duty of care, and that this breach caused your accident. You may claim damages for:
Medical expenses
The injuries that result from a truck accident usually require extensive medical attention. This can result in high hospital charges and prescription drug prices. Many victims struggle to pay these expenses and are in debt for a long time after the accident occurs. Accident victims injured in crashes can recover several damages, including medical expenses.
Medical expenses include any out-of-pocket expenses that are related to an injury. They can include X-rays, MRIs and CT scans as well as doctor visits and physical therapy sessions. The cost of crutches and wheel chairs can also be a part of out-of-pocket costs. It is essential to keep track of the medical expenses of all patients and keep receipts. An experienced attorney can identify the expenses that are qualified for compensation and help you make a claim for these expenses.
Generally speaking, the at-fault truck driver or their insurance policy must be able to cover medical expenses. They will not be able to pay your medical expenses until you have settled your case or the jury has awarded you compensation following a trial. It could take years, and in the meantime, you'll need to pay for medical expenses out of your own pocket.
Insurance companies exist to save money, and will employ every trick to their advantage to lower their payouts. They may seem friendly and helpful, but whatever you say to them can be used against you later. Always consult a lawyer with experience before speaking to any representatives from insurance companies.
Your lawyer can assist you navigate the claims process and fight for your right to full settlement. In certain situations you may have to employ a medical expert to demonstrate your injuries and the impact they've had on your life.
Pain and suffering
Getting hit by a semi-truck could cause serious injuries. These injuries can have a life-altering effect, and cause discomfort and suffering for a long time.
Because truck accidents can be devastating, they can be more emotional and stressful than crashes which involve smaller vehicles. They can also have greater consequences for the victim as well as their family members, such as loss of income. If you've suffered serious injuries from a truck accident you may seek compensation for your physical and emotional pain and suffering.
The amount you are entitled to receive as a part of your claim may differ. This is because it's not always possible to determine accurately the extent of your pain and suffering. There are guidelines that judges or jury could use to determine the value of your injury. These include medical documentation of your injuries evidence of a mental health professional's treatment diaries, diaries or other types of documentation regarding your daily activities, and even statements from friends or family members about how your injury has affected them.
Injury such as a spinal cord injury or a broken back can cause severe pain and mobility loss. These kinds of injuries are typically life-threatening and require surgical repair and ongoing treatment. They can also trigger physical and psychological symptoms, such as anxiety, depression, fear as well as shock, anger insomnia, or post-traumatic disorder (PTSD).
If the responsible party caused the accident, they are liable for any damages you suffered. This is true even if they weren't driving at the time of the collision, such as if they were intoxicated or they violated traffic or trucking laws. They could also be held accountable for damages for punitive damage.
Loss of wages
If your injuries keep you from working for a long period of time, you may be able to claim back lost wages. This compensation is calculated based on the amount you would have received had you not been absent from work due to your accident-related injuries. It doesn't matter if you took sick leave or vacation. You must provide proof to the insurance adjuster of your losses and income. This evidence can be obtained through a written statement from your physician, which details your medical condition and the amount of work you must not miss, along with previous pay stubs, W-2s and tax returns.
You may also be able to claim damages if you suffer a loss of enjoyment or quality of life. This is compensation in the event of injuries that prevent you from engaging in your favorite pastimes or hobbies, such as travelling. It is also possible to get compensation for future income loss as a result of your injuries, if they prevent you from returning to a similar type of job in the future.
Non-economic damages can be as substantial as financial losses and lost wages. Examples include discomfort and pain as well as disfigurement or scarring, and loss of enjoyment in life. These are serious injuries for those who sustained serious injuries from a truck accident, especially if injuries are internal organ-related. In extreme instances it is possible to seek punitive damages. These are intended to punish the party at fault and prevent them from repeating the same reckless conduct in the future. These kinds of damages aren't common but they are awarded if the truck driver was particularly negligent or reckless.
Punitive damages
You may be entitled to compensation for your loss of earnings if your injuries stop you from working in the same capacity. This is a major issue for many truck accident victims since they might not be able to cover their daily expenses without the income they earn from their job. In addition, your medical bills can add up quickly. You require a skilled lawyer for truck accidents to ensure that you get the most compensation you can for your losses.
You may be entitled punitive damage in addition to compensatory damages. This isn't a straightforward claim to make. The law on punitive damage is very strict. To be eligible for this kind of monetary award, the plaintiff must demonstrate that the trucking company or its driver committed fraud, malice, or willful misconduct.
In general, juries make punitive damages as an effort to punish those who have committed wrong and send a message that this type of conduct will not be tolerated. If a jury finds that the driver of a truck was driving their vehicle under the effects of drugs or speeding, and the jury awards substantial punitive damages, they hope this will discourage others from engaging in similar outrageous conduct in the future.
It is important to note that you must prove the negligence was not just an isolated incident or even an ongoing pattern of conduct or reckless indifference. In this regard, many truck accident lawyers are not confident in bringing a punitive damages claim based solely on boilerplate claims of reckless conduct. In a recent case, for instance the court rejected the punitive damages claim brought against Garkusha, who was driving a truck owned by Quality Logistics at the time of his crash with the Plaintiff as the Plaintiff did not provide any evidence that Garkusha's conduct prior to and during the accident showed a pattern or a lack of attention to the consequences.
Damages for property damage
Semi-trucks, trucks and other large vehicles, because of their size and weight can cause more serious injuries when they collide with smaller vehicles. Consequently, victims may suffer more extensive injuries and more expensive medical bills than other victims of vehicle accidents.
Keep meticulous notes of all expenses and losses related to your accident. This will increase the value of any claim. For example, if you were injured in a collision with a truck and require multiple surgeries, outpatient procedures or physical therapy, as well as prescription medications, record every expense. Also in the event that your injuries have caused you to miss work, write down the loss of wages and future earning potential.
Recording all property damage is also very important. If your vehicle is a total loss or requires major repairs, record the current value of the vehicle with any other personal belongings that were damaged or destroyed in the accident. This includes electronics, furniture and clothing, as well as other valuables. In addition, if you've needed to hire a car or travel to doctor appointments note the cost and record any other costs connected to these trips.
Insurance companies call accident victims immediately following a crash and offer settlements, before the victim can speak to an attorney. These offers can be tempting, but they do not provide compensation for the entire accident-related expenses. A skilled attorney can assist you in avoiding accepting the lowest settlement offer and ensure that the liable party is responsible for the full amount of your claim.
Your lawyer will gather and review all necessary documentation before making it available to the responsible insurance company of the parties as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that are proportionate to the value of your losses.