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How to Claim Compensation After a Truck Accident If you are injured in an accident involving a truck you may be entitled to compensation The extent of your injuries as well as your fault will determine how much compensation you are entitled to Medical expenses and lost wages are common expenses that can be included in an action The pain and suffering as well as the loss of future enjoyment of life are also crucial considerations Rules of comparative negligence for truck accident claim compensation Comparative negligence rules determine the amount of compensation an injured party is entitled to based on the fault of both parties If Jane is driving at a high speed while Dick is turning left in front of her then the insurance company will evaluate her negligence level to determine much she is entitled to If she is at least 50 responsible the amount she is owed will be reduced by that percentage Another instance is when a truck driver turns left into oncoming traffic and refuses to yield to traffic This is an infraction of local laws Additionally if the truck driver was speeding the court may consider the driver partly at fault for the accident This could result in the plaintiff receiving less compensation however the truck driver will be held accountable to pay her medical bills There are a variety of cases where comparative negligence is applicable In this instance the defendant is accountable for some of the incidents results Ben and Amanda both incurred a total of 10000 in losses The jury however determines that Ben was at 51 percent the fault and Amanda was found to be 49 at the fault The plaintiffs can still recover some of the damages The rules of comparative negligence may be applicable to multiparty car accidents If you are involved in an accident like this it is crucial that you consult an attorney The insurance company will examine the accident report interview all participants Even if they do not offer a large amount it is possible that they will offer an appropriate settlement offer Insurance adjusters will often attempt to make you partially responsible for the damage It is recommended to hire an attorney to help combat this You can ensure the highest amount of compensation by retaining an attorney Your attorney may require additional steps to ensure that you receive full compensation when the insurance coverage for the other driver is not sufficient The rules of comparative negligence are in place in a variety of states If the semitruck driver was less than at fault compensation will not be granted However if youre more at blame than 1 your compensation will be diminished Truck accident claims can be substantiated by medical documents The best way to prove your claim for compensation after an accident with a truck is use medical records as evidence The trucking company may try to minimize your claim and wont pay you any compensation if you dont possess medical evidence The trucking business may also use your medical records against you Medical records are tangible evidence of the severity and the extent of injuries that an injured person has sustained They contain the diagnosis of the accident victim and treatment plans These documents are often the only way to establish the extent of an injury as well as the time to recover It is essential to keep all medical documentation relating to the accident This includes xrays as well as medical records Medical documents can also help determine if youve had previous health issues or preexisting conditions The correct medical records will assist your lawyer determine the proper amount of settlement or judgment Moreover it can help establish the extent of the noneconomic losses youve suffered The more medical records you provide as evidence the more accurate Noneconomic damages are not able to have a quantifiable value Your lawyer will have to use your medical records along with your doctors prognosis to determine how much you are entitled to To prove the extent of your injuries as well as the amount of your medical expenses youll need to have access to your medical records Make sure you sign a consent form allowing your attorney to review your medical records These records prove the extent of your injuries the length of time theyve been in the past and how they impact your daily life To prove your truck accident claim medical records are also vital Your lawyer wont be capable of proving your claim without these documents The insurance company will try to use them as a reason for not paying you so you should keep your records as complete as you can If you are able to have a doctors account of the accident Independent examination as the basis for truck accident claim compensation An Independent Exam IME when youve suffered an accident that caused you to be injured in a truck may be the basis for your claim An Independent Exam IME is an examination by a doctor that evaluates your medical condition and then reports his findings to the insurance company In certain situations he will take blood and urine samples to assess the severity of your injuries The doctor will also ask questions regarding your accident as well as your medical background An insurance adjuster could want you to see a doctor who is familiar with claims However the doctor might be biased in their report The doctor is accountable to the insurance company for the income of his or her practice and may ask you important questions to support their position Many injured victims complain that an IME is not independent birmingham truck accident lawsuits who provide these procedures are chosen by the insurance company making it difficult to ensure that they are neutral The insurer may argue that the doctor chosen for the injured party is biased or has a conflict Insurance companies usually request an Independent exam outside of their network before examining the details of a claim Ideally the doctor will be impartial and give complete information on the severity of the injuries the plaintiff has suffered The report is used by the insurance company to determine if the injured person is entitled to compensation
