7 Common Misconceptions about 18 Wheeler Accident Lawsuit
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If you were involved in an 18-wheeler accident there is a chance that you have a legal claim to damages. While these cases are long, complicated, and often emotionally draining, you can seek compensation for your losses by retaining an attorney. An attorney can assist you to determine the cause of the problem and calculate damages, and make sure you follow the proper steps to file your lawsuit within any applicable time limit. Here are some examples of common damages claims. If you've been the victim of a traumatic accident it is possible to recover monetary damages.
Loss of consortium
If you have been involved in a truck or car accident, you might be qualified to make a Loss of Consortium lawsuit. This type of lawsuit for spousal injuries must be able to demonstrate that your spouse was not given the same love and treatment prior to the accident. The court will look at the duration of your marriage, your actions together as well as whether you were married prior the accident, and whether you've ever been involved in domestic violence. Loss of consortium claims can be brought by either the parent or child of the victim. Many states have modified the threshold to allow the spouse or child to bring the lawsuit.
A lawsuit for loss of consortium may be filed by the spouse of the driver who was seriously injured in the 18-wheeler accident. The term "loss of consortium" is usually utilized to recover the loss of companionship or advice that a spouse might have provided to their partner. While the term is typically used to refer to sexual relations but it could also refer to other tangible losses. It can be difficult to prove financial loss of consortium damages. The jury will decide if the spouse who was not injured is entitled to receive the compensation.
A loss of consortium claim is the most effective method of compensating your partner following an accident in a car or truck. It is difficult to prove an injury's emotional impact. In addition to bringing together other victims of an accident as well as loss of consortium claims might also be possible. You can make use of a previous personal injury claim or wrongful-death claim to support your claim. It can also be useful in the event that you have the marriage certificate.
A Loss of consortium claim is an extremely difficult case to win. The defense attorney will attempt to minimize the compensation you receive, so you must partner with an experienced personal injury lawyer who will protect your best interests and ensure that you receive the amount you deserve. If you or your loved ones are seriously injured in the 18 wheeler crash You can make a Loss of Consortium lawsuit against the driver who was negligent to seek compensation. While this type of lawsuit can be difficult to succeed, you can rest assured that your case will be handled professionally by a skilled lawyer.
Potential loss of earnings
The amount of compensation you receive after an accident involving an 18 wheeler is usually influenced by federal laws and standards for motor vehicle transport. It is also possible to be affected by state laws which could affect the outcome of your case. The statute of limitations in Louisiana states that victims can't bring legal action for more than one year from the date of the accident. Even though this time frame may not be sufficient to get compensation for your injuries, but, timely filing could help you win a settlement.
If you are permanently disabled and are unable to work because of an injury, you could be eligible for compensation for your loss of earning potential. The compensation is calculated based upon your previous salary and job duties. The amount you're eligible to recover depends on numerous factors such as your age, your educationlevel, and the severity of your injury. Your previous earnings and job performance history are also taken into consideration when calculating your lost earning potential.
If you were in an 18-wheeler crash You could be eligible to a large settlement. Settlements may be as little as hundreds of thousands of dollars but others could exceed millions of dollars. To determine whether you are qualified for an 18-wheeler accident settlement, consult an attorney. It is possible to hire an attorney to assist you in navigating the legal maze.
If you are unable work due to an accident with a truck or other accident, you could be entitled to compensation for suffering and pain. In fact, pain and suffering are among the most frequent injuries that result from 18-wheeler accidents. A truck driver's actions should be held accountable for your suffering. 18 wheeler accident lawsuit It is imperative to file your claim within the timeframe of three years of limitations. This usually is three years from the date the accident occurred. If this is not the case in the time frame, you may not be eligible for compensation.
Loss of commercial licenses
You may be legally entitled to compensation in the event that you are in a collision with semi-truck. You can pursue a claim for personal injury for medical bills or lost wages as well as opportunities you lost. You can also seek compensation for wrongful death under the law. A Houston truck accident lawyer from Arnold & Itkin is available to offer free consultations to those who have suffered injuries from an 18-wheeler accident.
While it is tempting to leave the scene of an accident, it's important to keep in mind that there are consequences for leaving the scene of an accident. Commercial truck drivers who are arrested for breaking the law are subject to severe penalties. FMCSA regulations require them to undergo periodic health screenings and re-certifications. Drivers who fail to submit to these screenings may lose their commercial licenses for life.
Drivers could lose their CDL and face the monetary penalty. If a positive test is found the driver will be immediately terminated and face criminal charges. A crash involving an 18-wheeler can result in the loss of commercial licenses. Additionally there are many other legal violations that can result in the loss of CDL licenses.
A truck driver whose license was suspended due to multiple accidents could be denied it. You could sue the driver if the driver was not licensed and receive any compensation. If the driver was drunk or on drugs prior to the accident, this can make things more complicated. These rules will increase your compensation.
Punitive damages
You may be eligible for substantial compensation If you were involved in an 18-wheeler collision. This type of crash is often the cause of multiple collisions. Even an accident that causes one vehicle collision may cause an ensuing chain reaction. The parties involved may not be capable of stopping the chain reaction. You may also be entitled to punitive damages. These damages are less common in trucking accidents. They require proof of malice or gross negligence.
Punitive damages are additional awards to you in addition the actual amount of compensation. They are awarded at the discretion of the jury. Your lawyers must convince jurors that a defendant's behavior was unlawful and malicious to recover the damages. The punitive damages are also available if the driver was drunk, speeding or was drugged. You may be entitled an additional amount of money if the truck driver's brake system fails to function properly.
Another instance where punitive damages are possible is when the driver was drunk and fails to submit to an alcohol test. In these instances the driver might have been aware that he was drunk and resulted in the accident. In some cases, punitive damages can be awarded depending on the severity of the incident. A drunk truck driver could also lie about his driving record.
In some instances the driver or operator of the 18-wheeler may have been found guilty of speeding in the past. You could ask for punitive damages from the trucking company if this is the case. You can also seek compensation for pain and suffering. In certain cases there are punitive damages awarded in the event of a death. Consult with an attorney if are seeking compensation that is substantial.
You must prove that the trucking company was negligent and caused your injuries to receive punitive damages. Punitive damages are often at least triple the amount of economic and non-economic damages that you have received. A jury usually awards punitive damages in the event which a trucking company has violated safety standards. Fraud can be committed when the company hides or removes evidence of a safety violation.