Truck accidents can cause serious injury and even death. Understanding rights related to injury and death following a truck accident that involves negligence is a key component of collecting compensation needed to pay for medical bills, lost wages or funeral expenses.
Who Has A Claim?
Negligence can come into play if the company that owns a truck has not been proactive about maintenance. When there are issues with the truck that the company knows about and ignores, a person who is injured in an accident with the truck may have a case against the company.
Injuries sustained during a truck accident can cause serious and permanent injury. Injuries include broken bones, severe burns, bruising, lacerations and disfigurement. Brain injuries can cause a loss of mental function for the long term, and spinal injuries may lead to permanent paralysis.
The most serious result of a truck accident involving injury is wrongful death. The family of a person who is killed in a truck accident has a claim against the responsible party for any medical bills related to emergency response to the accident and final expenses for the deceased.
How Settlement is Decided
The court will base the amount of the settlement based on several different factors.
- Any past instances of truck accidents that were the fault of the negligent party are taken into consideration.
- The severity of any injuries that are sustained during the accident will be examined. The court is also concerned with whether any fatalities were suffered as a result of the accident.
- The financial impact on the injured party now and in the future are used for the calculation. While medical costs in the present are easy to determine, the court also has to consider whether injuries sustained during a truck accident will cause financial loss in the future. For example, a spinal injury resulting in paralysis could prevent a person from ever working again.
- Damage caused to each vehicle in the accident will be considered. Not only can this help determine who is at fault, but the cost of damage to the vehicle of the victim in the accident will need to be reimbursed as part of the settlement.
- Any loss in quality of life of the injured party. Brain injuries, paralysis and injuries that cause chronic pain can all be considered injuries sustained during a truck accident that will negatively impact a person’s quality of life in the future.
Injuries and death related to truck accidents require an individual to seek assistance from a legal professional. A personal injury lawyer will have to knowledge of filing paperwork, meeting deadlines and keeping a thorough record of medical attention that has been sought following a truck accident in order to give the victim the best chance of recovering compensation. Compensation may be required to cover expenses and loss of income that are typically the result of being involved in a serious truck accident. If you have been in a truck accident, do not hesitate to contact an attorney.