How to Recover Damages After a Semi-Truck Accident
Truck accidents are often devastating for the victims, and it’s no wonder why—the sheer size and weight of the average semi-truck on Louisiana’s highways these days practically ensures chaos in any type of accident. For the driver of other cars, that often means grave injuries.
But injuries aren’t the only thing you have to worry about after you or a loved one’s accident. Medical bills can skyrocket. The financial impact of missed work starts to make itself felt. Finally, the emotional toll is often considerable. For those who lose their lives, their loved ones experience anguish.
Although no amount of money can ever erase the experience of being involved in an accident like this, it can help you or your family to live more comfortably. Read on to learn more about how you could recover damages after a semi-truck accident, and how a Baton Rouge truck accident lawyer from Spencer Calahan Injury Lawyers can help.
How to File a Truck Accident Claim
After a truck accident, filing a claim for you or your loved ones losses is the only way to receive financial compensation.
Compensation for truck accident victims is based on the idea the other party is responsible for the victim’s losses through their own negligence or carelessness. In order to get money in a settlement, however, you must be able to prove the relationship between the other party and your injuries, and actual losses.
How is this done? First, you or your attorney can send a demand letter to the responsible party in order to initiate the settlement process. From there, you can use your position to negotiate with the truck company’s insurance in order to receive a settlement. Some of the evidence you can use to strengthen your claim include:
- Your medical records
- Police reports, including a police officer’s determination of fault (if applicable)
- Witness or expert testimony
- Physical evidence from the scene of the accident
The evidence you need to have a strong chance of recovery can depend on the type of accident you’ve experienced. For example, if you’re trying to claim that a defective component on a truck causes your injuries, or that the highway administration’s missing guardrails led to your injuries, you might need the help of an expert to testify.
Other times, you won’t be able to reach a settlement deal with the at-fault party out of court.
No matter the circumstances of your case, retaining the services of a trusted attorney can help increase your chances of securing the compensation you deserve for your injuries.
What Are the Damages I Can Recover in a Semi-Truck Accident Claim?
In general, there are two types of compensation you can receive in a truck accident claim: economic and non-economic damages.
Economic damages include the specific damages you suffer as the result of a truck accident. These can include:
- Emergency room fees
- Ongoing medical bills
- Physical therapy bills
- Lost wages
- Lost earning potential
- Property damages
- Vocational rehabilitation
On the other hand, non-economic damages refer to the lesser-defined problems you can experience after a truck accident. Whereas economic damages come with a dollar amount attached, these damages don’t in most cases. However, that does not make them any less real or felt.
Some examples of non-economic damages include:
- Pain and suffering
- Conscious pain and suffering of your loved one (wrongful death suits only)
- Loss of enjoyment of life
- Loss of consortium
The Statute of Limitations on Truck Accident Claims
Another factor to be aware of when filing a truck accident claim in Louisiana is the impact of the state’s statute of limitations. Generally, truck accident victims only have one year from the date of the accident to file a claim against the responsible parties.
Compared to some other states, this is a harsh deadline. It underscores the necessity of taking quick and decisive action when going to file your truck accident claim in the state, however.
The statute of limitations, alongside some of the above concerns, make a compelling case for consulting an attorney for your truck accident claim in order to avoid any potential roadblocks, and increase your chances of a positive result.
Contact a Truck Accident Lawyer Today
Getting in a truck accident can be one of the more difficult things you have to go through in your life. That’s why you need an attorney who’s not only experienced in fighting for the right results in truck accident litigation—but also one who understands what you’re going through.
At Spencer Calahan Injury Lawyers, we will work doggedly to help you secure the compensation you or your loved ones deserve after your accident.
The best part? We offer free consultations—and we only get paid if you win. Ready to learn more? Call us at 225-387-2323 or fill out the form below to contact a lawyer from our firm today.