Another problem is that you cannot trust the insurer to tell you honestly how much your claim is worth. They don’t have your best interests in mind, only theirs.
Philadelphia, PA – Heavy trucks account for 5% of Pennsylvania traffic accidents that result in injuries. At first sight, that would be good, but it’s not. The sad truth is that truck crashes are so dangerous they often result in death. For instance, in 2017, 13.4 % of all fatal crashes involved some type of commercial vehicle weighing over 10,000 lbs. Most of the victims were occupants of passenger cars, SUVs, vans, motorcycles, or pedestrians.
If you were recently injured or lost someone in this type of crash, you should get in touch with the best Philadelphia truck accident lawyers you can find as recovering damages will not be easy. When you present them with a large claim, the insurance company will fight you for every penny. Pennsylvania follows a modified comparative rule and they will try to shift most of the blame on you, so you don’t get damages. According to this rule, if you are 50% or more to blame for the accident you lose your right to get compensation.
Another problem is that you cannot trust the insurer to tell you honestly how much your claim is worth. They don’t have your best interests in mind, only theirs.
What damages can I get if I was injured in a truck accident?
If you were injured in a truck accident you will have to file a personal injury claim with the insurer representing the trucker, the owner of the truck, the trucking company, or those responsible for loading the truck. In a truck accident, you can have more than one liable party.
You are entitled to two types of damages:
Economic damages:
- Current medical bills
- Future medical bills related to the accident
- Costs of future home care you may need, including special equipment
- Home and vehicle modifications (such as wheelchair ramps and lifts)
- Costs of physical therapy and rehabilitation
- Property damage related to your car or valuable possessions that may have been damaged in the crash
- Lost wages for the time you were hospitalized or recuperating at home
- Lost earning capacity if you are left with a permanent injury or disability
All these can be calculated easily by adding the bills, but make sure to keep all your papers in order.
Non-economic damages:
- Pain and suffering
- Mental anguish and emotional duress
- Loss of enjoyment
To calculate the value of your non-economic damages you will need reliable Pennsylvania truck accident lawyers with many years of expertise in this field. There is no cap on pain and suffering damages in Pennsylvania, but several factors will be taken into consideration, such as the severity of your injuries, the time it took to recover, your state of health before and after the crash, and your age.
What are the damages you can get in a wrongful death claim?
If you lost someone in a truck accident, you will have to file a wrongful death lawsuit. The family of the victim is entitled to seek compensation for:
- Funeral and burial expenses
- Medical bills (if your loved one died sometime after the crash)
- Pain and suffering of the deceased before they died
- Loss of future income
- Loss of future benefits (such as medical benefits and retirement)
- Loss of household services your loved one provided (such as childcare, property maintenance, chores, etc.)
- Loss of love, affection, companionship, marital consortium, guidance and protection for the children, etc.
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