If you were involved in an accident involving an 18-wheeler and you were injured, you could have a legal case for damages. While these cases can be long, complicated, and often emotionally draining, you can pursue compensation for your losses by retaining an attorney. An attorney can help determine the source of your fault and calculate damages, and make sure you follow the appropriate steps to bring your lawsuit within the applicable statute of limitations. Here are a few examples of typical damages claims. If you've been the victim of an accident that caused trauma you could be able to claim financial compensation.
Loss of consortium
If you have been involved in a truck or car accident, you might be eligible to start a Loss of Consortium lawsuit. This type of lawsuit for spousal injuries requires you to demonstrate that your spouse was not provided the same love and care prior to the incident. The court will take into consideration the duration of your marriage, your actions together as well as whether you were married prior the incident, and if you have ever been involved in domestic violence. The child or parent of the victim may file a claim for loss of consortium. A number of states have altered the threshold so that either the spouse or child of the victim can bring the case.
The spouse of a driver who has been seriously injured in an accident involving a 18-wheeler may file a claim for loss of consortium lawsuit. The loss of consortium lawsuit is typically used to seek compensation for the loss or the advice the spouse may have given his or her partner. While the term is typically used to describe sexual relations 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 has to decide if the spouse who is not injured is entitled to this compensation.
A loss of consortium claim is the best method to compensate your partner following an accident involving a vehicle or truck. It can be difficult to prove the emotional impact. In addition to bringing together victims of an accident as well as loss of consortium claims may also be possible. You may use a prior personal injury or wrongful-death case to prove your case. If you have a marriage license it could be useful as well.
It is very difficult to win a Loss of consortium case. The defense attorney will attempt to minimize the compensation you receive, therefore you should work with an experienced personal injury lawyer who will protect your best interests and ensure that you receive the compensation you are entitled to. If your loved one is seriously injured as a result of an 18 wheeler accident, you can start an Loss of Consortium lawsuit against the negligent driver to recover compensation. This type of lawsuit is extremely difficult to win, however with an experienced lawyer at your side, you can be confident that your case will be dealt with effectively.
Loss of earnings potential
The amount of compensation you receive after an 18-wheeler crash is typically determined by federal laws and standards for motor vehicle transport. You may also be affected by state laws that can influence the outcome of your case. For instance the statute of limitations in Louisiana specifies that a victim cannot pursue legal action for more than one year following the date of the accident. This deadline may be too late for you to receive compensation for your injuries, however a timely filing may assist you in obtaining an agreement.
If you have been permanently disabled and unable work due to an injury, you could be eligible for compensation for your loss of earning potential. The amount of compensation is calculated on the basis of your previous earnings and job duties. The amount you are eligible to receive is contingent on many factors such as your age, education, and the extent of your injury. Your previous earnings and performance history are also taken into consideration when calculating your lost earning potential.
You could be entitled to an extensive settlement if were injured in an 18-wheeler crash. Some settlements may be as little as tens of thousands of dollars but others may exceed millions of dollars. It is recommended to consult an attorney to determine the eligibility requirements for an 18-wheeler accident settlement is. It could be worth hiring a legal team to help you navigate the complex legal system.
If you're unable to work because of an accident with a truck, you may also be entitled to compensation for pain and 18 wheeler accident lawsuit suffering. In fact, pain and suffering are among the most common injuries resulting from 18-wheeler accidents. The actions of a truck driver should be held responsible for your suffering. It is crucial to remember that your case must be filed within the timeframe of limitations, which is usually three years from the date of the accident. You may not be eligible to receive compensation if this is not done.
Loss of commercial licenses
If you're involved in a collision that involves a semi truck and a semi truck, you could have the right to seek compensation for damages. Personal injury can be pursued for medical bills or lost wages, or lost opportunities. You can also seek compensation for wrongful deaths under the law. A Houston truck accident lawyer from Arnold & Itkin is available to provide free consultations to those who suffered injuries in an 18-wheeler accident.
While it's tempting to escape the scene of an accident, it's crucial to remember 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 that they undergo regular re-certifications and health screenings. Drivers who fail to pass these tests could lose their commercial licenses for the rest of their lives.
Drivers can lose their CDL and face monetary penalties. Drivers who pass a positive drug test could be liable to having their CDL suspended immediately and could be charged with criminal offenses. Loss of commercial licenses following an 18 wheeler accident can result from health issues or accidents, or even driving recklessly. In addition there are many other legal violations that could cause the loss of CDL licenses.
When a truck driver has multiple accidents, his license could be revoked. If the incident involved a driver who was not licensed, you could file a lawsuit against him or her and recover any compensation you deserve. It could also be complicated if a driver of a truck was drinking or abusing drugs during the time of the accident. These rules will maximize your compensation.
Punitive damages
If you were involved in an 18-wheeler collision, you may be entitled to compensation that is substantial. This type of crash typically causes multiple vehicle collisions. Even an accident that results in one vehicle collision could cause the chain reaction. The drivers involved may not be capable of stopping the chain reaction. In addition to the financial compensation you are entitled to, you might be able to claim punitive damages. These damages are generally less common in trucking accidents involving commercial trucks, because they require justification for gross negligence.
Punitive damages differ from the actual amount of compensation you are entitled to, and they are awarded by the jury's discretion. Your lawyers must convince jurors that the defendant's behavior was criminal and malicious for them to award these damages. If the driver was drunk, speeding or drowsy and intoxicated, he could be liable for punitive damages too. If the truck's brake system did not function correctly, you could be entitled to a greater judgment.
Another example of a situation where punitive damages are given is when the driver of the 18-wheeler was drunk and was unable to pass an adequate test for blood alcohol content. In these cases the driver might be aware that he was impaired by alcohol and caused the accident. The amount of punitive damages could be awarded depending on the severity of the incident. A drunk driver might also lie about his driving record.
In some instances, the driver or operator of the 18-wheeler may have been convicted of speeding in the past. If this is the case, you could demand punitive damages from the trucking company. You can also seek compensation for the pain and suffering. In some cases, punitive damages are awarded in the event of a death. Consult an attorney if you are seeking a substantial amount of compensation.
If you're awarded punitive damages, you have to prove that the trucking company acted negligently and caused your injuries. Punitive damages are often triple or more of the amount of economic and non-economic damages you've been awarded. A jury typically awards punitive damages in the event which a trucking firm has violated safety regulations. Fraud could be committed if the company hides or removes evidence of a safety violation.