Ten benefits of 18 Wheeler Accident Lawsuit which could change your Viewpoint
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If you were involved in an 18-wheeler crash it is possible that you have a legal case for damages. While these cases can be long complex, confusing, and sometimes emotionally draining, you can pursue compensation for your losses by retaining an attorney. An attorney can help determine the fault, calculate damages, and ensure that you follow the proper steps to bring your lawsuit within the applicable statute of limitations. Below are a few of the most commonly filed damages claims. If you have suffered an accident that was traumatic you might be able to claim financial compensation.
Loss of consortium
If you've been involved in a car or truck accident, you may be in a position to start a Loss of Consortium lawsuit. This type of lawsuit for spousal injuries requires that you demonstrate that your spouse was not given the same loving and nurturing care as before the accident. The court will take into consideration the duration of your marriage, the activities you have together, whether you were married before the incident, and if you have ever been involved in domestic violence. The victim's parents or children can file a claim to recover loss of consortium. Many states have changed the threshold, so that the spouse or child can make the claim.
The spouse of the driver who was severely injured in an 18-wheeler crash may file a claim for loss of consortium lawsuit. The term "loss of consortium" is usually used to recuperate the loss of companionship or advice that a spouse might have provided to their partner. Although the term is usually used to describe sexual relationships however, it could also refer to other losses that are tangible. Damages resulting from loss of consortium can be difficult to prove financially, and the jury must determine if the spouse who was not injured deserves to recover this compensation.
A loss of consortium claim could be the best method to ensure that your partner is compensated for a truck or car accident. It is difficult to prove the emotional burden of an injury. Loss of consortium cases can include bringing together other parties involved in the incident. You can make use of a previous personal injury or wrongful-death case to support your case. This is also a good option when you have a marriage certificate.
It is extremely difficult to win a loss of consortium case. The defense attorney will try to reduce the amount of compensation you receive, so you must partner with an experienced personal injury lawyer who will represent your best interests and ensure you receive the compensation you are entitled to. In order to receive compensation, you can file a Loss of Consortium suit against the negligent driver if you or your partner has been seriously injured in an 18-wheeler crash. While this type of lawsuit may be difficult to succeed, you can rest assured that your case will be handled professionally by a knowledgeable lawyer.
Potential loss of earnings
Federal laws and motor vehicle carrier standards can affect the amount of compensation you get following an 18-wheeler collision. It is also possible to be affected by state laws that could affect the outcome of your case. For instance the statute of limitations in Louisiana stipulates that a person cannot pursue legal action for more than one year from the date of the accident. Although this deadline might not be enough to receive compensation for your injuries, however, timely filing can assist you in obtaining an award.
You could be eligible for compensation for lost earning potential if you are permanently disabled or are unable to work as a result of an injury. This compensation is calculated in relation to your previous salary and work-related responsibilities. The amount you're entitled to receive depends on a variety of factors such as your age, your educationlevel, and the extent of your injury. When calculating your lost earnings potential, it is important to take into account your work performance and your previous earnings.
If you've been involved in an 18-wheeler wreck, you may be entitled to a substantial settlement. Certain settlements could be as little as tens of thousands of dollars but others may exceed millions of dollars. To determine if you are eligible for an 18-wheeler crash settlement, speak to an attorney. It is possible to hire a legal team to help you navigate the legal maze.
If you're unable to work because of the result of a truck crash you could be entitled to compensation for suffering and pain. The most frequent injuries resulting from 18-wheeler accidents is pain and suffering. The actions of the truck driver must be held responsible for your suffering. It is important that you make your claim within the 3-year statute of limitations. This is typically three years from the date the accident occurred. If this isn't the case and you do not file your claim, you may not be able to claim compensation.
Loss of commercial licenses
You could be legally entitled to compensation in the event that you are involved in a collision a semi-truck. Personal injury may be sought for medical bills and lost wages as well as lost opportunities. You can also seek compensation for wrongful deaths under the law. A Houston truck accident lawyer from Arnold & Itkin is available to offer free consultations for those who have suffered injuries from an 18 wheeler collision.
While it can be tempting to leave the scene of an accident, it's vital to remember that there are consequences for leaving the scene of an accident. Commercial truck drivers who are detained for violating the law face severe penalties. FMCSA regulations require that they undergo regular health screenings and re-certifications. Drivers who fail to complete these tests could lose their commercial licenses for the rest of their lives.
Drivers could lose their CDL in addition to monetary penalties. If there is a positive test the driver could be immediately terminated and face criminal charges. A crash involving an 18-wheeler can result in the loss of commercial licenses. In addition there are many other legal violations that can cause the loss of CDL licenses.
A truck driver whose license was suspended due to multiple accidents could be revoked. If the incident involved a truck driver who was not properly licensed, you may file a lawsuit against the person responsible and claim any amount you are due. If the driver was drunk or was using drugs at the time of the accident, this can make it more difficult to resolve the case. These guidelines will help you maximize your compensation.
Punitive damages
If you were involved in an 18-wheeler accident you may be entitled to 18 wheeler accident lawsuit compensation that is substantial. This type of crash typically causes multiple vehicle collisions. Even an accident that is the cause of one car accident could result in a chain reaction and the drivers responsible for the original crash may not have time to stop. In addition to the financial compensation you are entitled to, you might be entitled to punitive damages. These damages are usually less frequent in commercial trucking accidents because they require proof of malice or gross negligence.
Punitive damages are a bonus award to you in addition to the actual amount of compensation. They are given at the discretion of the jury. Your lawyers must convince jurors that the defendant's behavior was criminal and unlawful in order to collect the damages. If the driver was drunk, speeding or intoxicated and intoxicated, he could be liable for punitive damages also. If the truck's brake system did not function properly, you may be entitled to a bigger 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 test of blood alcohol content. In these situations the driver might have been aware that he was intoxicated and caused the accident. Depending on the severity the incident the punitive damages can be awarded. However the drunk driver might also have been lying about his driving record.
In certain instances the driver or operator of the 18-wheeler could have been found guilty of speeding in the past. You could seek punitive damages for the trucking company if this is the case. You can also seek compensation for pain and suffering. Sometimes, punitive damages can be given in the event of the death of a person. Consult an attorney if you are seeking substantial compensation.
You must prove that the trucking company was negligent and caused your injuries in order to receive punitive damages. Punitive damages typically amount to greater than or equal to the amount of noneconomic and economic damages you've been awarded. A jury usually awards punitive damages in instances in which a trucking firm has violated safety regulations. Fraud can be committed if the company conceals or erases evidence of a safety violation.