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How to File a Truck Accident Claim The majority of truck accidents occur by carelessness on the part of a trucker or trucking firm. Victims of injuries are usually required to make a claim to get full compensation for the accident-related costs. Medical expenses are a expense that truck accident victims often need to pay. Insurance companies may request 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 a truck accident to ensure your health and safety. Also, seeking medical help as soon as you can will make it easier to note your injuries in your claim. It will also help build an evidence-based case that proves your injuries resulted from the accident. Medical expenses are an essential part of any claim for personal injury. They show the severity of your injury and how it has affected your life. Without a solid record of your injuries, you may not be able to obtain the full amount of your losses. In some instances medical treatment may be so extensive that you are unable to work or return to your regular activities. In this situation, you may be entitled to compensation for the loss of income. Additionally, you may be entitled to reimbursement for the expense of any assistive equipment you need in order to remain as normal as you can. As with any accident it is possible that several parties could be accountable for the cause of a truck crash. These include: Truck drivers: They may be employees of a company or contract employees who are required to drive for a specific employer or independently owned operators. They operate their trucks on behalf of their own company or the shipper for whom they have an agreement. Truck drivers who are negligent, reckless or engage in reckless driving may be held accountable for the resultant accident. Other drivers: If the negligence of another driver led to an accident, that driver could be held accountable. erie truck accident lawsuit are usually accountable for truck accidents, particularly when the other driver was driving in a reckless manner or was distracted. The responsible parties could attempt to minimize your claim through deflecting blame, logging your statements against you, or trying to trick you into admitting fault. This is why you should to hire a skilled truck accident lawyer. Your lawyer will fight to protect your rights and ensure that the responsible party pays you what you owe. Lost Wages Truck accidents are not the norm. These crashes are more serious and more likely to cause permanent injuries and disabilities. These crashes also involve heavier loads, which can make the occupants more vulnerable. There are various kinds of truck drivers, which include owner-operators who own their own vehicles and contract with shippers to haul products for a charge or company drivers who drive the vehicles that are owned by their employers. Both can be liable for a crash that involves a commercial vehicle, depending on the circumstances surrounding the accident. A person who is injured in a truck crash and is unable to work could be entitled to compensation for the loss of wages. The amount they could have made during the time that they were unable to work because of their injuries is used to calculate the amount of compensation. This includes not only regular wages, but also benefits such as paid time off and overtime. A judge typically reviews a doctor's letter before awarding damages to the injured party for the loss of wages. The letter should outline the plan of treatment as well as the reason why they were not able to be able to work. A letter from their employer verifying their salary, hourly wage and the number of days that they were unable to go to work due to the injury is also required. After the evidence has been gathered and your lawyer has gathered the evidence, they will draft an order that outlines the amount you have lost as a result of the accident. The demand package is sent as a clear message to the insurance company of the other driver stating the facts of the case and how you were injured. There may be a back and forth communication during the negotiation process, and if a deal is not reached, your attorney will file a lawsuit on your behalf. In the majority of cases, a claimant can get back lost wages through the bodily injury liability insurance of the driver at the fault. If this is not possible the person who has been injured can file a claim through their own auto insurance company. The claim will be in the amount of their personal injury protection coverage (PIP). Suffering and Pain Accidents with trucks can cause physical pain and emotional distress in addition to financial loss. These non-economic losses are often harder to quantify a dollar amount on, however they do warrant monetary compensation. A New York truck accident attorney can review your case to determine the value of your noneconomic damages. One good example of an economic loss is inability to pursue hobbies or take part in the activities you love due to injuries. You might miss out on holidays or other activities that enrich your life. You deserve compensation for these losses. Loss of consortium and loss of enjoyment of life are also examples of damages that are not economic. If you're injured as a result of an accident involving a large truck, it's crucial to seek medical attention promptly. This will not only aid you to maintain your health but also serve as an important document to file any future personal injury claims. Even if your injury appears minor, it's important to undergo a thorough assessment. As time passes medical professionals can determine the extent of your injury and provide the correct treatment. Then, your attorney will review all the evidence and draft the demand letter detailing your requirements for compensation. Your lawyer will send the letter to the responsible parties and their insurance companies. Your lawyer will be prepared to go to trial if they fail 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. Finally, be prepared for the at-fault party's insurance company to contact you concerning the collision and your injuries. They are often “wolves in sheepskins” and will try to convince you to provide them information that they can alter and use against your settlement in court. You are able to avoid making statements that may be used against your interests by letting your attorney handle all communications with insurance companies and others. Damages The most important part of the truck accident claim is the damages. Damages can be economic (medical expenses loss of wages) or non-economic (pain and suffering). All damage is caused by negligence. To be eligible for compensation the victim must prove that the responsible party did not take reasonable care while operating their vehicle or acted in reckless manner while driving. As a result of the huge size and weight of these vehicles, victims may suffer severe injuries in even the most minor of accidents. It is imperative to seek immediate medical attention, even if your injuries appear to be minor. This will not only guarantee your health and well-being but also provide crucial evidence for your injury claim. This will help your insurance provider comprehend the full extent of your injuries, and could help them prove that you're not as severely injured as you claim. Additionally, it is crucial to keep a record of all expenses related to your accident. You should keep track of any travel expenses you incur to reach doctor's appointments and other treatments. Also any property damage caused by the accident. This includes your vehicle which could be ruined and other personal possessions such as watches and jewelry. It is typical for the insurance company to attempt to contact you soon after your accident to offer an offer of settlement. You should not talk to them or accept a settlement prior to consulting with an experienced truck accident lawyer. These people often try to entice you into accepting low-cost offers that don't enough cover the costs associated with your accident. A reputable lawyer will be able to examine your records and provide you with an accurate estimate of the worth of your case. Additionally, your lawyer will be able to determine whether any additional damages are available, such as punitive damages. These are damages designed to punish the person who committed the offense and deter others from engaging similar behavior.