A victim may file a truck accident claim against the trucking company and the truck driver if they are an employee of the trucking industry. The at-fault parties may be liable for losses and injuries after a crash.
Truck accident claims and lawsuits have several different steps, including gathering evidence to prove negligence, identifying the parties liable for damages, and investigating the case.
Filing a demand letter is essential when negotiating an insurance claim with the defendant. An experienced personal injury attorney can draft a demand letter carefully.
A Step By Step Guide To The Truck Wreck Claim Process
When an individual faces a truck accident, such as a semi-tractor trailer truck, FedEx, or garbage truck, you may file an accident claim. You may wish to focus on healing your injuries but you must also be aware of your rights. The legal steps after a trucking accident claim include:
- Negotiating with an insurance company: You must report the accident to your insurance company. You should not agree to the first offer of compensation from the other driver’s insurance company without consulting an attorney. Filing a police report and seeking medical help are also vital.
- Collect and Investigate Evidence: It is essential to gather all the evidence, including medical records, police reports, CCTV footage, witness statements, negotiations with the insurance adjusters, and other accident-related material.
- Prepare the Injury Demand Letter: The demand letter describes how the claimant has been affected physically, emotionally, and financially by the truck accident. It states the compensation demanded by the claimant in the truck accident claim.
- Negotiate a Fair Settlement: Negotiations form a significant role in pursuing compensation. Agreement with the trucking company and the victim might happen at this stage.
- Go to Trial If Negotiations Fail: Sometimes, when you claim for an 18-wheeler truck crash, the trucking company may not agree. You may face interrogatories, depositions and requests for documents to validate your legal complaint.
The jury will give their final verdict when everything fails and will determine the merits of your injury claim and give their final verdict.
The most severe result of a truck accident involving injury is wrongful death. The family of a person killed in a crash has a claim against the responsible party for any medical bills related to emergency response to the accident and final expenses for the deceased.
What Factors Affect The Truck Accident Settlement?
The court bases the amount of the settlement on several different factors:
- If it was the fault of the negligent party in a truck wreck, it would be determinative of the merits of the claim.
- The court the severity of any injuries sustained during the accident. There were also fatalities after a crash.
- The amount is calculated by analyzing the financial burden on the accident victim now and in the future. While medical costs in the present are easy to determine, the court determines whether juries during a truck collision cause a financial loss in the future.
- Damages done to each vehicle in the accident are one of the other factors. It helps determine who is at fault, and the cost of damage to the vehicle of the victim in the accident is also a part of the settlement.
How Much Is A Truck Accident Claim Worth?
It can be challenging to determine the worth of your accident claims. It will depend on the factors described above. You can pursue compensation for economic and non-economic damages.
Economic damages that you may face after a truck wreck include medical expenses like emergency medical care, hospital stays, doctor bills, physical therapy, and other long-term care. Lost wages, property damage, transportation, are also economic damages as you have receipts or can calculate them mathematically.
Non-economic damages that follow after a truck accident claim include mental anguish, loss of enjoyment of life, scarring, disfigurements, fear, anxiety, pain and suffering.
In some cases, the jury may award punitive damages for a truck collision. These are meant to punish outrageous or reckless behavior. It will discourage any future wrongdoing.
Need Legal Help? Contact the law offices of Samuel Fishman
A Truck Accident Lawyer files paperwork, meets deadlines, and keep a thorough record of expenses. All these must be known after a truck wreck to give the victim the possibility of recovering compensation.