You may be entitled to damages if you've been involved in an 18-wheeler accident. Even though these cases are lengthy complicated, complex, and often emotionally draining, you can seek compensation for your losses by retaining an attorney. An attorney can help determine the source of your fault and calculate damages, as well as make sure you follow the proper steps to file your lawsuit within any applicable statute of limitations. Here are a few examples of common damages claims. If you've suffered an accident that caused trauma it is possible to receive compensation.
Loss of consortium
You may be able to file a Loss of Consortium suit if you were involved in a truck or car accident. This type of lawsuit for spousal injuries will require you to prove that your spouse was not receiving the same loving and nurturing care you gave prior to the accident. The court will consider the length of your marriage, the types of activities that you performed together as well as whether or not you'd been married before the accident and if you and your partner were involved in any form of domestic violence in the past. The child or parent of the victim can bring a case for loss of consortium. A number of states have altered the threshold so that the spouse or child can make the claim.
The spouse of a driver who has been seriously injured in an 18-wheeler accident can file a loss of consortium lawsuit. Loss of consortium is typically used to seek compensation for the loss of companionship or advice a spouse might have provided to their partner. While the term often refers to sexual relationships but it could also refer to other tangible losses. Damages resulting from loss of consortium can be difficult to prove financially and the jury must decide if the spouse who is not injured has the right to claim this compensation.
A loss of consortium claim can be the best option to obtain compensation for your partner for a truck or car accident. It is hard to prove the emotional burden of an injury. In addition to bringing together other victims of an accident, loss of consortium claims might also be possible. You may use a prior personal injury or wrongful-death case to support your claim. It can also be useful in the event that you have an official marriage certificate.
A Loss of consortium claim is a tough case to win. The defense attorney will attempt to minimize the compensation that you receive, and you must consult with an experienced personal injury lawyer who will advocate your best interests and ensure you get the compensation you are due. To receive compensation, you may file a Loss of Consortium suit against the driver who is negligent if your partner was seriously injured in an 18-wheeler accident. This type of claim is extremely difficult to win, but with an experienced lawyer at your side, you can be assured that your case will be dealt with efficiently.
Loss of earnings potential
The amount of compensation you receive following an 18 wheeler accident is usually influenced by federal laws and motor vehicle carrier regulations. Additionally, some state laws can also affect the process of your case. For example the statute of limitations in Louisiana states that a victim is not allowed to pursue legal action for more than one year after the date of the accident. While this may not be enough to receive compensation for your injuries, however, timely filing may help you win settlement.
If you are permanently disabled and cannot work due to an injury, you could be entitled to compensation for the loss of earning potential. The amount you are awarded is by the amount you earned in the past and job duties. The amount you will receive is contingent on many factors including your age, education level and the degree of your injury. When calculating your lost earnings potential, you also need to take into account your work performance and your previous earnings.
You may be entitled to a large settlement if you suffered injuries during an 18-wheeler collision. Certain settlements could be in the tens or thousands of dollars, and others can be as high as millions of dollars. It is recommended to consult an attorney to find out the eligibility requirements for a settlement from an 18-wheeler accident is. It might be worthwhile to hire legal counsel to assist you in navigating the complicated legal system.
You could be eligible for compensation for pain and suffering if you are permanently disabled due to an accident involving a truck. In fact, pain and suffering are among the most common injuries associated with 18-wheeler accidents. The actions of a truck driver need to be held accountable for your pain and suffering. It is imperative to file your case within the 3-year statute of limitations. This usually is three years from when the accident occurred. You might not be eligible for compensation if this isn't done.
Loss of commercial licences
You may be eligible for compensation if you have been involved in a collision a semi-truck. Personal injury can be pursued for medical expenses as well as lost wages or lost 18 wheeler accident lawsuit opportunities. The law allows you to pursue wrongful deaths compensation as well. A Houston truck accident lawyer from Arnold & Itkin is available to offer free consultations for those who have suffered injuries in an 18-wheeler accident.
It's tempting to leave the scene of an accident but it is important to keep in mind that you may be in danger of serious consequences if do. When you are arrested for violating the law commercial truck drivers are subject to severe sanctions. FMCSA regulations require that drivers pass regular re-certifications as well as health screenings. Drivers who fail to complete these tests could lose their commercial licenses for the remainder of their lives.
Drivers can lose their CDL, in addition to the monetary penalty. If a positive test is found the driver will be immediately dismissed and may face criminal charges. Loss of commercial licenses following an 18 wheeler accident can be caused by health issues or accidents, as well as driving recklessly. In addition there are many other legal violations that can result in the loss of CDL licenses.
A truck driver whose license has been suspended for multiple accidents may be denied a license. If the incident involved a truck driver who was not licensed, you are able to sue the person responsible and claim any compensation you're entitled to. The situation could also be complicated if a driver of the truck was drinking or engaging in drug use at the time of the accident. It is crucial to follow these rules to maximize your compensation.
Punitive damages
If you were involved in an 18-wheeler crash you could be entitled to substantial compensation. The type of crash that occurs is often the cause of multiple collisions. Even an accident that causes one vehicle collision may trigger the chain reaction. The drivers involved may not be capable of stopping the chain reaction. You may also be entitled to punitive damages. These damages are usually less common in commercial trucking accidents, since they require evidence of gross negligence.
Punitive damages are an additional amount to you in addition the actual amount of compensation. They are granted at the discretion of the jury. To collect these damages, your lawyer must convince the jury that the defendant's conduct was inexplicably and malicious. The punitive damages are also available in the event that the driver was drunk, speeding or drowsy. You may be entitled to a larger judgment in the event that the truck's brake system is not functioning properly.
Another instance where punitive damages could be awarded is when a driver was drunk and failed to submit to a blood alcohol content test. In these instances, the driver could have been aware that he was impaired by alcohol and causing the accident. Damages for punitive causes can be awarded based on the severity of the accident. A drunk driver might also conceal his driving record.
In certain cases, the driver of the 18-wheeler has an earlier conviction for speeding. If this is the case, you can pursue punitive damages against the trucking company. You may also seek compensation for suffering and pain. In certain cases the court will award punitive damages in the event of a death. If you'd like to receive a significant amount of compensation, consult an attorney.
If you're awarded punitive damages, you have to prove that the trucking company acted negligently and caused your injuries. Punitive damages are often at least triple the amount of economic and non-economic damage you have received. A jury is typically able to award punitive damages in the event which a trucking company has violated safety standards. Fraud can be committed when the company conceals or erases evidence of a safety violation.