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How to File a Truck Accident Claim Most truck accidents are caused by negligence on the part of a truck driver or trucking company. The injured victims usually have to file a lawsuit in order to get full compensation for the accident-related expenses. Medical bills are a common expense for those who have suffered from a truck accident. Insurance companies may request an independent medical examination to determine the severity of your injuries and the impact they have on your daily life. Medical Care You must seek immediate medical attention following an accident with a truck to ensure your health and safety. In getting medical attention as soon as you can help you to record the injuries you sustained in order to use them as evidence in your claim. It will also help create a stronger case that proves your injuries resulted from the accident. Medical expenses are a crucial part of any personal injury claim. They provide evidence of the severity of your injuries and how they affected your life. You may not be able to receive full compensation if you do not have proof of your injuries. In some instances medical treatment may be so long that you're unable to work or return to your normal activities. In this case you may be eligible to receive compensation for your lost income. Additionally, you may be eligible for reimbursement for the costs of any assistive devices you need in order to remain in the most normal way possible. Like any other accident, several parties could be accountable for an accident involving a truck. thousand oaks truck accident lawyer include: Truck drivers: They could be either company employees or those who have a contract to drive for a particular employer or independent owner-operators. They operate their vehicles for themselves or the shipper with whom they have an agreement. Truck drivers who are negligent, reckless or engage in unsafe driving could be held accountable for causing an accident. Other drivers If the carelessness of another driver led to an accident, that driver could be held accountable. Other drivers are usually found to be responsible for truck accidents, specifically when the other driver was driving recklessly or distracted. The parties at fault may attempt to reduce your claim by deflecting blame, logging your statements against you, or trying to trick you into admitting that they are at fault. You must hire an experienced lawyer for your truck accident. Your attorney will fight to protect your rights and make sure the responsible party is paid the amount you are due. Lost Wages Truck accidents aren't the commonplace. These collisions are more serious and more likely to result in permanent injuries and disabilities. They also carry heavy loads that put the occupants in greater danger. There are various kinds of truck drivers. These 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 of their employers. Both can be liable in a collision that involves commercial vehicles, based on the circumstances of the incident. A person who is injured in a car crash and is unable to work may be entitled to compensation for lost wages. The amount they could have earned during the time that they were unable work due to their injuries is used to calculate the compensation. This includes regular pay as well as benefits such paid time off or overtime. In order to award damages for lost wages, a judge normally will review a letter from an injured party's doctor that outlines their treatment plan and explains why they were unable to go to work. A letter from their employer verifying their salary, hourly wage and the number of days they were unable to go to work due to their injury is also required. After all the evidence is taken into consideration, your lawyer will prepare a demand package that outlines the amount you've lost as a result of the truck crash. It is then sent as a clear message to the other driver’s insurance company, providing the facts of the case and how you were injured. There could be back-and-forth communications throughout the negotiation process and if a deal is not reached, your lawyer will file a lawsuit on your behalf. In the majority of cases, a plaintiff may get the compensation for lost wages via the liability bodily injury coverage. If this isn't available or not available, the person who was injured by an uninsured or underinsured driver can make a claim through their car 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 pain. These non-economic losses are often difficult to put a dollar figure on, but they still warrant monetary compensation. A New York truck accident attorney can examine your case and determine the value of your non-economic damages. One good example of non-economic losses is the inability to pursue hobbies or participate in favorite pastimes due to injuries. It is also possible to miss going on vacations and other activities that make life more enjoyable and you are entitled to compensation for this loss. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life. If you've been injured in an accident with a huge truck, it's important to seek medical attention right away. Not only will this aid in ensuring your health and safety, but it could be a vital piece of evidence for any future personal injury claims. It's also important to obtain an exhaustive medical examination, even if your injuries seem minor at the moment. As time passes medical professionals can assess the severity of your injury and provide the correct treatment. The next step is to have your attorney go through all the evidence, and then compile an order letter that sets out your compensation requirements. Your lawyer will send the letter to the parties at fault and their insurance companies. Your lawyer will then be prepared to go to trial if they are unable to meet your demands. This is a sign that you will not back down, and that they should respect you in the event that they want to pay you a fair and reasonable amount. Also, be prepared for the at-fault party's insurance company to contact you regarding the collision and the injuries you sustained. They're usually “wolves disguised as sheep” and they'll attempt to obtain information from you that they may alter out of context and use against you in court to minimize your settlement. By the lawyer handling all communications with insurance providers and others, you'll stay clear of making statements that could be used against you. Damages The most important aspect of the truck accident claim is damages. The damages can be either economic (medical expenses or lost wages) or non-economic (pain and suffering). In both instances, however, there is one thing that all damages share and that is that they result of another party's negligence. In order to be compensated the victim must prove that the responsible party failed to take reasonable care while operating their vehicle or behaved recklessly driving. Due to the enormous weight and size of these vehicles, victims can suffer devastating injuries even in minor accidents. Even if you feel that your injuries aren't serious It is imperative to seek immediate medical attention. This will not only safeguard your health, but also provide vital evidence for any potential injury claim. This will allow the insurance company to comprehend the full extent of your injuries and may keep them from arguing that you're not as injured as you claim. Additionally, it is crucial to keep a record of all expenses related to your accident. You must keep all travel expenses you incur to make it to appointments with your doctor and other treatments. Also the property damage that was caused by the accident. This includes your vehicle which could be totaled in a serious crash as well as personal items like watches and other jewelry. Insurance companies may contact you to offer you a settlement quickly after the crash. You should not speak to them or accept a settlement without consulting with an experienced truck accident lawyer. These people often try to entice you into accepting bargains that do not adequately cover the expenses associated with an accident. A lawyer who is knowledgeable can review your records and give you an accurate estimate of the case. Your lawyer will also determine if additional damages, like punitive damages, are offered. These are damages intended to punish the wrongdoer and deter others from engaging similar behavior.