Injury from a truck accident: Getting the right compensation

A minor roadside car accident can have fatal implications, and so the potential for disaster with a huge truck involved can be beyond one’s imagination. A truck accident can be a horrible experience due to the injury and loss that can be caused.

Victims of traffic incidents involving trucks are less likely to survive, and many are left badly injured. It’s important to know that people who get into this kind of accident have the legal right to demand compensation from the other party at fault. Here is some information on how to seek compensation for injuries after a truck accident, from the basics up.

Understanding what a truck accident claim is

A truck accident claim refers to the compensation received from the other party at fault for the collision and for causing the injuries. The process of obtaining this claim consists of two subdivisions.

1. The lawyer negotiates and talks to the other party to reach an acceptable settlement.

2. If these talks don’t work out and a settlement is not achieved, the dispute must be resolved in court. The victim files a legal claim for the injuries inflicted by the other party.

These two processes usually occur together. Both aspects aim to get the other party, usually the insurance company, to pay the compensation amount for the damages they caused to the client, even though it is achieved through a settlement outside of court or through an injury award.

How to begin the process of claiming

It takes a lot of experience and skill to successfully tackle cases like these – this is not something that can be done without legal expertise, which why it’s important to contact an experienced and skilled lawyer for representation. It’s essential to make sure they know how to deal with cases involving truck accidents and have plenty of experience.

But how does one go about finding the right attorney to help win the claim? The best solution is to search the market and contact multiple attorneys till the right one is found. Most truck accident attorneys offer a free consultation session to potential clients. It’s a good idea to take full advantage of the session and ask them multiple questions, including:

•         How many years have you been practising as a truck accident attorney?

•         Will you look at the case personally or refer it to another lawyer?

•         How packed is your schedule? Will you be properly available the case?

•         Are you ready to take the case to court?

•         Will it be possible to freely communicate and contact you throughout the length of the trial?

•         What is your fee?

•         How do you take the fee?

Apart from attending the consultation sessions and asking questions, it’s worth researching a potential lawyer. It’s necessary to know about their reputation, their disciplinary history, and their bar admission date.

The lawyer’s responsibility

Every accident is different, and so is the claim. Every case requires different things from the lawyer to ensure compensation and payment from the party at fault. But there are some general and common duties and responsibilities that the lawyer of a truck accident needs to perform to ensure a client’s interests and rights.

A lawyer who is experienced and skilled in the field will help with the claim process by taking action to gather information and evidence, ensuring the right options are chosen, making sure the maximum settlement is achieved, and so.

Gathering evidence

The first thing the lawyer will do is to collect and gather evidence. Evidence plays an important role in the success of a claim. The lawyers need evidence to see how the accident was caused, who was responsible, the kind of injuries and their severity, and the extent of damage caused by the accident.

An experienced and skilled lawyer knows how and what evidence to collect. Here are examples of evidence that can help:

•         Pictures of the scene

•         Pictures of the damage

•         Witness statements

•         Police report

•         Medical records

•         Truck driver employment and driving information

Collecting all this evidence and more occurs throughout the claim process and may take some weeks to months for the lawyer to gather. If there is evidence available to the claimant that might aid in case, it must be raised early on.

No evidence is insignificant, so all the documents and information gathered or received from the insurance company or doctors should be kept and provided to the legal team. Insurance companies offer different kind of options, depending on the driver and their condition: for instance, for some providers, it’s also possible to obtain insurance after a drug driving offence.

Negotiations for the settlement

The easiest and most common way to decide the damage and injury claim is through a settlement. This is an agreement between the injured party and the party at fault through negotiations. The party at fault compensates the victim of the accident financially when the injured party agrees to give up the legal claim.

The lawyers usually handle the negotiations. This is why a lawyer will try their best to reach an agreement with the other party and their insurance companies. After assessing the evidence, he or she will demand compensation from the party at fault, and that is how negotiations begin. The lawyer will try to make the case solid through evidence, and present strong arguments in favour of the claimant. In this way, it will be possible to get the right compensation for the damages and injuries involved.

Legal action

Sometimes negotiations are unsuccessful, and settlements cannot be reached. Why? Because the party at fault may try to get out of taking responsibility for the damage they’ve caused, so they decide to fight in court. In this case, the lawyer will fight for the claimant’s rights in front of the judges and jury, who then, in turn, will be able to ensure appropriate compensation for damages and injuries.

To prove a case to the jury, a lawyer needs to be skilled and experienced. They need to have a grip on the legalities to argue the case and be smart enough to explain complex facts regarding the accident to the jury. This is why choosing and hiring the right lawyer is paramount.

Guaranteeing compensation

Lawyers know that a claim is successful only when the injured party receives compensation for their injuries and damages. This is why they must ensure that payment is made by the other party’s insurance company in the case of settlement, and getting a verdict in favour of the claimant and against the party at fault in the case of a court trial.

How much time is involved?

The answer to this question depends on multiple factors such as;

• The severity and type of injury
  When a lawyer is contacted after a truck accident, they will ask questions regarding the injuries, their severity and extent, and the chances of full recovery. This information will help them understand the position properly and the amount of compensation that should be sought through a personal injury claim. Usually, it takes the medical workers some time to diagnose and provide a prognosis.

• How many parties are involved
  Since a truck accident is a huge thing, there are multiple people involved in resolving it. The truck driver, their employer, the truck company, their insurance company, and more, are all part of the equation. In addition, large truck accidents cause a huge mess in which multiple crashes can be involved and many people affected. Keeping that in mind, the time for the claim process increases with an increase in the number of parties involved.

• Is the party at fault willing to negotiate?
  Sometimes, the party at fault realises their mistake and tries their best to negotiate and settle, but usually, they will avoid negotiations and try to make their way out of paying anything. They can also choose to go to court, which increases the time in the claiming process.

What is a truck accident claim worth?

Before claiming for a truck accident, it’s necessary to know how much to can expect to get from it – but there’s no specific value as all accidents are different. Instead, the compensation will depend upon various factors, including:

•         The extent and type of injuries

•         The prognosis of a full recovery

•         The negative impact on the quality of life

•         The money the injured person has to pay for the injuries and damages

So this means that for a victim of a truck accident in which the another party was at fault, it’s appropriate to demand compensation for many things such as:

• Medical and hospital expenses
  This includes hospital bills, medications, medical aids, in-house care, etc. The extent of injuries sustained in the accident will determine the expenses. Some injuries are permanent and can increase the injured person’s stay in hospital and the care that he or she receives.

• Lost wages
  A serious accident requires intensive medical care, leaving the injured person in the hospital and away from work longer. This means that if they weren’t injured, they would have earned during this time. Moreover, some types of injuries are permanent and such that they can affect the working and earning capacity of the person. So the lost wages during the treatment process and the future lost wages because of the person’s disabilities of permanent injury make a big part of the compensation that the injured person can recover from the claim.

• Pain and suffering
  The pain that results from the injuries and emotional and physical suffering that the person experiences as a result of those injuries should also be considered. The injured person can also get compensation for this.

• In-house help and care services
  Accidents usually affect the injured person’s daily life. They are unable to do small everyday tasks like housekeeping, shopping, looking after children. This is why it becomes important for them to hire in-house help. And the cost for this can also be included in the damages that require compensation.

• Loss of companionship and other relationships
  The injuries and trauma from the accident affect the injured person’s mental and physical health and affect their relationships with family and friends. They may be unable to show affection and care to their loved ones as they did before. This is another trauma in itself that should be compensated for.

This list is not comprehensive for the types of damages a person can receive compensation for, and not every accident claim will include these damages. Since every accident is unique, every claim be as well. The accident lawyer will look through the case and ensure that the maximum amount of compensation is received for the damages.

What makes truck accidents so devastating?

Truck accidents are mostly very serious and devastating. Why? Because of their huge size. Even if they don’t hit a vehicle, a wrong turn can make them tilt over and crash, thus blocking the road. This, in turn, can lead to crashes of oncoming vehicles that are unable to stop and, in the end, crash one after the other. The effect is huge. Moreover, the injuries and damage caused by truck accidents are most deadly.

Final thoughts

For anyone involved in a truck accident, the best way to protect themselves and their rights is by hiring an experienced and skilled lawyer. Trying to claim without help puts victims at a huge disadvantage because the lawyers and insurance company of the other party will try to get away with paying nothing, and without any legal aid to fight them, it will make it easier for them to do so. A lawyer will help pursue the claim and get the maximum compensation payment deserved.

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