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What Legal Recourses Are Available for Catastrophic Injuries in Truck Accidents?

Truck Accidents

What Should I Do First If I’m Severely Hurt In a Truck Accident?

You may never consider getting into an accident with a large truck, but these accidents happen daily on California roads.

Also, these large vehicles weigh up to 80,000 lbs., and if they hit your car or SUV, the chances of you or a loved one getting a catastrophic injury are incredibly high.

That said, if you are able, there are things you must do to get the compensation you need to deal with the enormous medical bills, post-accident treatment, etc., that you need to recover and thrive, as your life may be altered forever.

Just a few of the actions you or someone trusted at the scene should do are:

  • Seek medical attention immediately – Call for needed medical help, and always ask the paramedics to take you to the hospital. Many times, brain injuries (such as TBI) may not be immediately symptomatic and often are hidden for days or weeks. So, a complete medical exam of all those involved is mandatory. This medical information will be critical to strengthen any personal injury case you may have to file.
  • Call the policeIt’s always best not to panic and think as rationally as possible. The police will arrive, even if you’ve been taken for medical aid, and officially detail the scene, photograph it, speak with witnesses, and more. This official police report is sometimes precious in proving negligence and getting you the compensation needed to recover.
  • Only provide necessary information – You, or loved ones, should only provide any information you need. Never give your “account of the incident,” as you may not think clearly now. A catastrophic truck accident can include multiple drivers and numerous accounts of what occurred. Speak to your lawyer before speaking with others, especially the insurance companies.
  • Contact your experienced truck accident lawyer as soon as possible – You usually should contact your insurance company and let them know the accident occurred, but that’s all. Insurance companies and their adjusters will only pay what they must; so after your skilled and thorough truck accident lawyer comprehensively analyzes the incident and your injuries, they will use their well-honed negotiating skills on your behalf. 
  • Never agree to any “quick” settlement offered by your insurer – These accidents can be horrific, and contacting a truck accident lawyer is the best way to make sure you receive the appropriate compensation you deserve.

What is Considered a Catastrophic Injury in California?

“Catastrophic” injuries are commonly classified based on three possible outcomes: death of the person, those that cause a severe disability, and those that are forever life-changing. Many of these types of injuries cause damage to the brain or spinal cord and deprive you, or a loved one, as the victim of the ability to live an everyday life.

Catastrophic injury usually causes a loss of mobility and can affect your verbal communication and cognitive abilities.

They can alter and damage your circulatory, respiratory, and urinary systems. Any damage to these vital bodily systems will often require extensive and expensive medical treatment. The costs of medical treatment for catastrophic injuries usually add up to hundreds of thousands of dollars or more.

If you suffer a catastrophic injury in a truck accident, it is critically important to hire an experienced, thorough, and well-versed truck accident lawyer.

These cases can be significantly more legally complex than other personal injury cases and involve information about the catastrophic nature of your injuries, the medical treatment required to treat severe injuries, and the various California laws pertaining to properly and professionally filing and winning a catastrophic injury claim.

How Do I Prove Liability or Negligence For My Catastrophic Injury?

Proving negligence and liability is always a keystone to every type of personal injury case, including those that involve catastrophic injury. Your skilled, compassionate, and thorough truck accident lawyer will gather the evidence needed to prove that someone acted “negligently” or failed to act as any reasonably careful person would in the same situation. 

For example, in many truck accidents, the driver was overworked, tired, distracted, speeding, or just plain negligent. In some cases, you may sue the driver, but usually, in catastrophic injury cases, many parties can be part of a successful lawsuit.

In some cases, your law team will address and prove that the driver’s employer has vicarious liability over the actions of their employee, the vehicle manufacturer or maintenance company was at fault, and more, so many defendants may be involved.

Defendants in these cases typically may include:

  • Negligent parties, including the driver and their employer.
  • The manufacturer of the truck itself may have known that a defect was present that contributed to or caused your accident.
  • Companies that may have maintained the vehicle improperly.
  • Loading companies overloaded the vehicle, making it too difficult to handle and control.

Proving negligence is critical to winning your case and receiving your deserved compensation. That stated, proving negligence is also the main area where your Sacramento truck accident lawyer’s skills, expertise, and professional knowledge will prove invaluable to obtaining the total compensation you rightfully deserve.

In a Catastrophic Truck Accident, What Can I Be Compensated For?

Due to the catastrophic nature of your injuries, the outcome of your case could redirect the rest of your life. Therefore, the compensation you may need is significant.

Just a few of the things you could get compensation for are:

  • Current and future medical bills for medical treatments, ongoing hospital treatments, prescription drugs, physical or psychological therapy, and more.
  • Lost wages and loss of your future earning capacity.
  • Property damage to your vehicle and more.
  • Pain and suffering damages compensate you and your family for the grief, anxiety, physical and mental damage, loss of enjoyment of life, physical impairment and disfigurement, etc.

In some catastrophic injury cases, you can also recover punitive damages. This usually occurs if your injuries were caused by someone’s intentional or egregious, reckless acts. Punitive damages can be significant and are traditionally designed to punish the defendant and put a stop to acting in this way again.

I’ve Suffered Severe Injuries In a Truck Accident; How Should I Proceed?

Recovering and healing after receiving catastrophic injuries in a truck accident can put an immediate stop to your former “normal” life. That’s precisely why one of the most vital things to do is to call a truck accident personal injury lawyer who has the resources and will provide you with the peerless professional legal representation you must have.

Your focus must be on recovery. Your lawyer will work tirelessly to draft, present, and strategically draft your case to get you the total compensation you deserve. Sadly, all insurance companies do their best to pay the least amount possible and not give it to injured victims.

The skilled and experienced truck accident lawyers at The Weinberger Law Firm are fully aware of the evidence needed and will gather all required before initiating an insurance claim.

Call them today at 916-520-0476 for a free consultation on your unique catastrophic injury case. By working with the best, you can be assured that you and your family will get the financial help you need and rightfully deserve. 

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