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How to File a Truck Accident Claim The majority of truck accidents happen by negligence on the part of a trucker or trucking company. Victims of injuries are usually required to file a lawsuit in order to get compensation for all accident-related costs. Medical bills are a common expense for truck accident survivors. The insurance company of the responsible party may request an independent medical examination to get a clear picture of your injuries and how they impact your daily life. Medical Care You should seek immediate medical attention following the accident to ensure your health and safety. Additionally, seeking medical help as soon as you can makes it easier to record your injuries in your claim. It will also assist you to create an argument that is stronger and proves your injuries were caused by the accident. Medical expenses are an essential part of any personal injury claim. They demonstrate the extent of your injury and how it has affected your life. You may not be eligible to get the full amount of compensation if do not have solid documentation of your injuries. In some cases medical attention may be too extensive to prevent you from working or returning to your regular activities. If this occurs you could be able to claim compensation for the loss in income. You may also be eligible for reimbursement of the cost of any assistive device that you need to live in a normal way. Like any other accident there are many parties that could be held accountable for an accident involving a truck. fort lauderdale truck accident lawyer include: Truck drivers: Truck drivers can be employees of a company under a contract to work for a particular employer or independent owner-operators that operate their trucks on behalf of themselves or a shipping company they contract with. When truck drivers are negligent or reckless, or performing unsafe activities on the road, they may be held accountable for the cause of the crash. Other drivers If the carelessness of another driver contributed to a crash that person could be held responsible. Other drivers are often blamed for truck accidents, particularly when the other driver was driving in a reckless manner or was distracted. The parties at fault may try to deny your claim by deflecting blame, recording your statements against you, or trying to trick you into admitting responsibility. It is essential to employ an experienced lawyer for your truck accident. Your attorney will fight for your rights and will ensure that the responsible party pays what you are owed. Lost Wages While fender-benders, parking lot scrapes are commonplace for cars that are driven by passengers but the same cannot 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. They also carry heavier loads that can put the occupants in greater danger. There are many different types of truck drivers. Owner-operators who own their vehicles and contract with shippers to pay a fee to transport goods, or company drivers, who operate vehicles that are owned by their employer. Both parties could be held responsible for a crash that involves commercial vehicles based on the circumstances. Someone who suffers an injury in a car accident that keeps them from working could be entitled to compensation for the loss of wages. These are calculated in relation to the amount money they could have earned in the time they could not work because of their injuries. This includes not just regular wages, but also benefits like paid time off and overtime. A judge will usually review the doctor's note prior to granting damages to the person who was injured for the loss of wages. The letter should outline their treatment plan as well as the reason they were unable to work. A letter from the person's employer is also required that confirms their hourly or salary wage, as well as the number of days they were unable to go to work due to their injury. Once the evidence has been gathered and your lawyer has gathered the evidence, they will draft an order that outlines the amount you've suffered as a result of the truck accident. This is sent to the other driver's insurance company with an unambiguous message that outlines the facts of the case and the extent of your injuries and the amount you're seeking. There could be back-and-forth communications throughout the negotiation process and if an agreement is not reached, your lawyer will file a lawsuit on your behalf. In most situations, a claimant is able to recuperate lost wages under the bodily injury liability insurance of the driver who was at the fault. If this coverage is not available for a person injured by an uninsured or underinsured driver can make a claim through their own car insurance company, up to their personal injury protection (PIP) coverage limit. Pain and Suffering In addition to financial losses, truck accidents often cause significant emotional and physical distress. These losses that are not economic are often more difficult to quantify a dollar amount on, but they nevertheless deserve financial compensation. A skilled New York truck accident lawyer can review your case and determine the potential value of your non-economic losses. An excellent example of an economic loss is inability to engage in hobbies or in your favorite pastimes due injuries. You may also miss out on vacations or other activities that enrich your life, and you deserve compensation for this loss. Loss of consortium and loss in enjoyment of life are two other examples of damages that are not economic. It is crucial to seek immediate medical attention for any injuries following a crash with an enormous truck. This will not only ensure your health and safety, but it could also serve as critical documentation for any future personal injury claims. Even if the injury appears minor, it's essential to undergo a thorough assessment. In time an experienced medical professional can determine how serious your injury really is and provide you with the appropriate treatment. The next step is to have your attorney review all the evidence, and then compile a demand letter which sets forth your compensation needs. Your lawyer will then send the demand letter to the parties at fault and their insurance providers. Your lawyer will then be prepared to go to trial if they fail to comply with your demands. This shows them that you're not willing to give up and they must be treated with respect if they want you to receive fair compensation. Be prepared for the at-fault party's insurance provider to contact you concerning the collision and your injuries. They are often “wolves in sheepskins” and will try to get you to give the information they will make up and use against your settlement in court. You are able to avoid making statements that may be used against your best interests by having your attorney handle all communications with insurers and others. Damages The most important part of an accident claim involving a truck is the damages. Damages can be economic (medical expenses, lost wages) or non-economic (pain and suffering). In both cases however, there is one thing that all damages share: they are the result of the negligence of a third party. Therefore, in order to be compensated for these losses, an 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. Even minor accidents can result catastrophic injuries due to the size and weight. Even if your injuries aren't severe it is essential to seek medical attention immediately. This will not only protect your health, but also give you the necessary documentation for any injury claim that could be filed. This will help the insurance company know the full extent of your injuries and may prevent them from arguing that you aren't as injured as you claim. It is also crucial to keep track of any expenses related to your accident. You will need to keep the track of any travel expenses you incur in order to attend doctor's appointments as well as other treatments. Also, any property damage that is caused by the accident. This includes your vehicle which could be ruined and other personal items such as jewelry and watches. It is common for the insurance company of the responsible party company to try to reach you within a few hours of your crash to offer an agreement. It is not advisable to contact 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 do not cover your injuries-related expenses. A lawyer who is knowledgeable can review your records to provide you with an accurate estimate of your case. Your lawyer will also to determine if additional damages, such as punitive damages, are offered. These are damages intended to punish the wrongdoer, and discourage others from engaging similar behavior.