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How to File a Truck Accident Claim The majority of truck accidents occur due to negligence on the part a trucker or a trucking company. Injured victims typically have to file a lawsuit to get full compensation for the injuries and expenses resulting from accidents. Medical bills are a typical cost for truck accident victims. Insurance companies may request an independent medical examination to determine the extent of your injuries and their impact on your daily routine. Medical Care You need to seek immediate medical attention after the accident to ensure your safety and health. Getting medical attention as soon as you can will also aid you to record your injuries to use them as evidence in your claim. It will also assist you to build a stronger case to prove that your injuries were caused by the crash. Medical expenses are an essential aspect of any claim for personal injury. They provide evidence of the severity of your injury and how it has affected your life. Without a thorough record of your injuries, you could not be able to obtain full compensation for all of your damages. In some cases, the medical care may be so that you are not able to work or resume the normal routine. In this instance, you may be entitled to compensation for your loss of income. In addition, you could be eligible for reimbursement for the costs of any assistive devices you need in order to make your life in the most normal way possible. As with any accident the parties involved could be held accountable for a truck crash. The parties involved include: Truck drivers: They may be employees of a company or those who have a contract to drive for a particular employer or independently owned operators. They operate their trucks for them or the shipper with whom they have agreements. When truck drivers are negligent or reckless, or engaged in unsafe conduct on the road, they may be held accountable for causing accidents. Other drivers When the negligence of a driver contributed to an accident, that driver could be held responsible. It is not uncommon for other drivers to share responsibility when it comes to truck accidents, especially when the other driver was driving recklessly or distracted. The responsible parties could try to deny your claim by trying to minimize the blame, recording your statements against you, or tricking you into admitting fault. This is why you need to work with an experienced truck accident lawyer. Your lawyer will fight for your rights and ensure the responsible party pays what you are due. Lost Wages Accidents involving trucks aren't the commonplace. These kinds of accidents are more severe and are more likely to result in long-term injuries and permanent disabilities. They also carry heavy loads that cause more risk to the occupants. There are a variety of truck drivers. edinburg truck accident attorney -operators, who own their own vehicles and contract with shippers for a cost to transport goods, or company drivers, who drive vehicles owned by their employer. Both parties can be held accountable for any crash involving commercial vehicles, depending on the circumstances. Someone who is injured in a crash involving a truck and is unable to work may receive compensation for lost wages. The amount they could have made during the time they were unable to work because of their injuries is used to determine the compensation. This is not just regular wages, but also benefits such as paid time off and overtime. In order to award damages for lost wages, a judge typically examines a letter from the injured party's doctor that provides a treatment plan and explains why they were unable to go to work. A letter from their employer confirming their earnings, hourly wage and the number of days they were unable to work due to the injury is also required. Once all evidence has been obtained After all the evidence has been gathered, your lawyer will create a demand package that outlines the amount you've suffered as a result of the truck crash. This is then sent to the insurance company of the other driver with a clear statement that outlines the facts of the case, how you were injured and the amount you're requesting. There may be a back and forth communication during this negotiation process, and if a deal is not reached, your attorney will initiate a lawsuit on behalf. In most instances, a plaintiff is able to seek compensation for lost wages through the at-fault driver's bodily injury liability. If this isn't feasible the injured person may file a claim with their own insurance company for their automobile. This is only in the amount of their personal injury protection policy (PIP). Pain and Suffering Truck accidents can cause physical pain and emotional distress in addition to financial loss. These non-economic damages are difficult to quantify, yet they deserve monetary compensation. A knowledgeable New York truck accident lawyer will review your case and determine the value of your non-economic damages. The injuries can cause you to be unable to take part in your favorite hobbies or pastimes. You may also miss out on vacations, or other activities that can make life more enjoyable, and you deserve compensation for this loss. Other examples of non-economic losses are loss of consortium and enjoyment of life. If you are injured in a collision with a large truck, it's important to seek medical attention as soon as possible. This will not only help you maintain your health but will also be an invaluable document in any future personal injury claims. Even if the injury appears minor, it's crucial to have a thorough evaluation. Over time, a medical professional can determine the severity of your injury is and will give you the right treatment. The next step is to have your attorney go through all evidence and then draft a demand letter which sets the compensation you require. Your lawyer will then forward the demand letter to the parties at fault and their insurance providers. If they don't agree to your demands then your lawyer will be ready to go to court. This demonstrates to them that you're not willing to back down and they must treat you with respect if they wish for you to receive fair compensation. Lastly, be prepared for the at-fault party's insurance company to contact you regarding the collision and your injuries. They're usually “wolves disguised as sheep” and will attempt to get information from you, which they could twist out of context and use against you in court to limit your settlement. You are able to avoid making statements that could be used against your interests by letting your attorney manage all communications with insurers and other parties. Damages The most significant aspect of the truck accident claim is damages. The damages can be either economic (medical bills or lost wages) or non-economic (pain and suffering). In both cases however, there's one thing that all damages have in common they are the result of negligence by another party. In order to be compensated the victim has to prove that the party responsible did not exercise reasonable care while operating their vehicle or acted in reckless manner while on the road. As a result of the massive size and weight of these vehicles, the victims may suffer severe injuries in even the most minor of accidents. Even if you feel that your injuries aren't serious It is imperative to seek immediate medical care. This will not only safeguard your health but also provide vital evidence for any injury claim that could be filed. This will allow the insurance company to comprehend the full extent of your injuries. It could also hinder them from arguing you are not as seriously injured as you claim. It is also essential to keep a record of all expenses incurred in connection with your accident. You will need to keep the track of any travel costs you incur to get to doctor's appointments or other treatments. Also, any property damage caused by the accident. This includes your vehicle, which may be totaled in a serious crash, and also personal items such as watches and other jewelry. It is normal for the liable party's insurance company to try to contact you after the crash to offer an offer of settlement. However, you should avoid making contact with them or agreeing to a settlement without first consulting an experienced truck accident attorney. These representatives will often try to convince you to accept low offers that do not cover your expenses resulting from the accident. A reputable lawyer will examine your records and give you a precise estimate of the worth of your case. Your lawyer will also be able determine if additional damages, like punitive damage, are available. These are damages that are intended to penalize the perpetrator and deter others from engaging in similar behavior.