There may be good reasons for you to file a lawsuit after being seriously hurt in an Arkansas truck accident. However, you must be able to prove who was at fault and the extent of damages caused by them.
Despite the fact that a personal injury lawyer can conduct a full investigation and apply legal pressure to gather evidence, it’s best to keep a record of your damages as the injured party. A lawyer could help you determine the damages you may qualify for and assist you in trying to pursue just compensation from an at-fault truck driver if you or someone in your family has suffered a serious or fatal injury in an accident caused by that truck driver.
As estimated by NHTSA data, in 2014, there were about 668 fatal truck crashes among which 75 involved large trucks.
The following are some of the most commonly claimed damages for truck accidents that allow victims to sue after they have been injured:
If you seek to include medical expenses during settlement negotiations, you can include all reasonable and necessary costs related to the injury incurred. These costs may include hospital costs, therapy costs, and travel costs. They can also include services you need for a permanent disability.
Possible expenses you can claim include:
- Medical equipment
- Prescription drugs
- Modifications to your home and vehicle
Loss of Income:
If you are unable to return to work following a truck accident, you can seek compensation for lost wages during your recovery period. You can also seek funds for loss of earning capacity as well as loss of any other benefits.
Cost of Services:
As long as services are reasonably necessary, you can include the costs in your personal injury claim. If you require assistance with housekeeping, meal preparation, or childcare during this difficult time, this can be taken into account when filing your claim.
Pain and Sufferings:
Arkansas allows compensation for non-economic damages, which include:
- Loss of enjoyment of life
- Psychological trauma
- Sexual dysfunction
- Mental anguish
The damage in this category may not always have receipts and invoices, but it can be proven using statements from friends, colleagues, and family, medical records, and psychological tests.
However, there are some scenarios where punitive damages may be ordered. Those examples include the intention to cause injury or damage, reckless disregard for others’ safety, and malice. The plaintiff must present evidence that punitive damages are justified.
Proving Liability in an Arkansas Truck Accident:
It is necessary to determine what state insurance laws apply to Arkansas truck accidents. There are two types of auto insurance in the United States: no-fault insurance and at-fault insurance. There are only three exceptions, as drivers in Pennsylvania, Kentucky, and New Jersey are free to choose their coverage.
Personal injury and property damage are covered by your insurance up to a certain amount in no-fault states. State insurance policies generally have minimum coverage limits to ensure adequate protection. A compensation claim may also be possible if you or a passenger exceed these limits and meet the specific requirements of your state.
Arkansas is an at-fault state. When an accident is the other driver’s fault, the injured party must seek compensation from their insurance provider. The injured party must prove the other driver is at fault before getting compensation. Accident investigators from insurance companies often immediately launch an investigation to determine which party caused the accident. Insurance companies may try to deny your claim or reduce your compensation by claiming you were at fault.
Many victims are not yet able to assess their damages and the settlement may not compensate them for their losses in full. Having a lawyer assist you may substantially benefit you with establishing liability and securing the financial relief you deserve after a truck accident. If the case goes to trial, our legal counsel will professionally represent you and fight for the maximum compensation possible.
Contact an Accident Attorney in Arkansas:
A truck driver who failed to pay attention may have caused a serious injury to you. Contact our law firm if you need assistance with your case. Please be assured that if you have a valid claim, we will dedicate ourselves to seeking the compensation you deserve. For a free consultation with an Arkansas truck accident lawyer, call us today or fill out our contact form.