If you were involved in an accident involving a 18-wheeler there is a chance that you have a legal claim to damages. Even though these cases can be difficult, time-consuming and emotionally draining an attorney can assist you seek compensation for your loss. An attorney can help you determine fault as well as calculate damages. They will also ensure that you follow the correct steps to make a claim within the deadline. Here are a few examples of common damages claims. If you've suffered a traumatic accident it is possible to recover monetary damages.
Loss of consortium
If you've been in a truck or car accident, you may be able to claim a Loss of Consortium lawsuit. This type of spousal injury lawsuit must be able to prove that your spouse wasn't provided with the same loving and nurturing care prior to the accident. A judge will take into consideration the length of your marriage, what kinds of activities you did together, whether or not you'd been married prior to the incident and if you and your partner have engaged in any kind of domestic violence in the past. The child or parent of the victim can file a claim to recover loss of consortium. A number of states have altered the threshold so that the spouse or child of the victim can bring the case.
A lawsuit for loss of consortium may be filed by the spouse of the driver who was seriously injured in the 18 wheeler accident. Loss of consortium is typically utilized to recover the loss of companionship or advice a spouse may have offered to his or her partner. Although the term typically refers to sexual relationships but it could also refer to other losses that are tangible. Damages from loss of consortium may be difficult to prove financially and the jury must decide if the spouse not injured has the right to claim this compensation.
A loss of consortium claim may be the best option to get your partner compensated for a truck or car accident. It is difficult to prove the emotional impact. In addition to bringing together other victims of an accident as well as loss of consortium claims might also be possible. If you've had a prior personal injury or wrongful death claim, you can rely on it to prove your case. If you have a marriage permit or marriage certificate, this could be helpful too.
It is extremely difficult to win a loss of consortium case. The defense attorney will try to reduce the amount you receive, so you must consult with an skilled personal injury lawyer who can represent your best interests and ensure you get the compensation you are due. In order to receive compensation, you can file a Loss of Consortium suit against the negligent driver if your partner has been seriously injured during an 18-wheeler collision. While this kind of claim is difficult to win, you can rest sure that your case will get handled professionally by an experienced lawyer.
Potential loss of earnings
Federal laws and motor vehicle carrier standards can have an impact on the amount of compensation you receive following an 18-wheeler crash. There is also the possibility of being affected by state laws which could influence the outcome of your case. Louisiana's statute of limitations states that victims are not able to bring legal action for more than one year from the date of the accident. Although this deadline may not be enough to receive compensation for your injuries; however, timely filing could aid you in negotiating an award.
You may be qualified for compensation for loss of earning potential if you are permanently disabled or in a position to work as a result of an injury. The amount you receive is by comparing your previous earnings and work-related responsibilities. The amount you're eligible to receive is contingent on many factors such as your age, your educationlevel, and 18 wheeler accident lawsuit the extent of your injury. When calculating your lost earning potential, you must also to consider your job performance and previous earnings.
You could be entitled to an impressive settlement if suffered injuries in an 18-wheeler crash. Settlements may be as low as tens or thousands of dollars, whereas others may reach millions of dollars. It is recommended to consult an attorney to find out the eligibility requirements for an 18-wheeler accident settlement is. It is possible to hire an attorney to assist you in navigating the complex legal system.
You may be entitled to compensation for the pain and suffering you suffer if are permanently disabled because of the accident. Most injuries sustained in 18-wheeler accidents include pain and suffering. Your suffering should be attributable to the driver of the truck. It is important to note that your case must be filed within the statute of limitations, which is usually three years from the date of the accident. You may not be eligible for compensation if this isn't done.
Loss of commercial licences
If you are involved in a collision that involves semi-trucks and a semi truck, you could have the right to seek compensation for the damages. Personal injury may be sought for medical expenses and lost wages as well as lost opportunities. The law allows you to seek wrongful-death compensation , too. For those who have been injured in an accident involving an 18-wheeler or the Houston truck accident lawyer from Arnold & Itkin can provide free consultations.
It's tempting to simply leave the scene of an accident but it is important to keep in mind that you could be in danger of serious consequences if do. Commercial truck drivers who are arrested for breaking the law are subject to severe penalties. FMCSA regulations require them to pass periodic re-certifications and health screenings. Drivers who fail to undergo these screenings could lose their commercial licenses for life.
In addition to monetary penalties, drivers may also lose their CDL when they are found guilty of driving under the influence or driving at excessive speeds. If an alcohol test is positive the driver can be immediately terminated and face criminal charges. A crash involving an 18-wheeler can result in the loss of commercial licenses. There are many other legal violations that could lead to the cancellation or loss of CDL licenses.
When a truck driver has multiple accidents, his license may be suspended. You may sue the truck driver if he or she was not licensed and receive any compensation. If the truck driver was drunk or using drugs prior to the accident, this could make it more difficult to resolve the case. It is imperative to follow these rules to maximize your compensation.
Punitive damages
If you were involved in an 18-wheeler collision You could be entitled to substantial compensation. This type of accident typically causes multiple vehicle collisions. Even an accident that is the cause of one car crash can cause a chain reaction, and the drivers who caused the original crash may not be able to stop in time. In addition to the monetary compensation you are entitled to, you could be eligible to claim punitive damages. These damages are not as common in trucking accidents. They require evidence of gross negligence or malice.
Punitive damages are distinct from the actual amount you are entitled to, and are awarded at the juror's discretion. Your attorneys must convince jurors that the defendant's actions was criminal and unlawful in order to collect these damages. If the driver was drunk, speeding, or drugged or drunk, he could be held accountable for punitive damages as well. If the truck driver's brake system did not function properly, you may be entitled to a higher judgment.
Another example of a situation where punitive damages are given is when the driver of the 18-wheeler was driving drunk and failed to pass an adequate blood alcohol test. In such instances, the driver could have known that he was impaired by alcohol and caused the accident. In the event of the accident, punitive damages could be awarded. However a drunk driver could also have lied about his driving record.
In some cases the driver or the operator of the 18-wheeler could have been found guilty of speeding in the past. You could seek punitive damages for the trucking company in case this is the situation. You may also seek compensation for the pain and suffering. Sometimes, punitive damages could be awarded in the case of an untimely death. If you'd like to receive an enormous amount of compensation consider consulting an attorney.
If you are awarded punitive damages you must prove that the trucking company acted negligently and caused your injuries. Punitive damages can often be three times or more the economic and non-economic losses you have received. A jury typically awards punitive damages in cases in which a trucking business has violated safety regulations. Fraud can be committed if the company conceals or erases evidence of safety violation.