If you were injured or your loved one was killed in a truck accident, you may be entitled to bring a personal injury claim or lawsuit against a liable party. You may be able to recover costs associated with medical treatment, funeral expenses, lost income, and more.
An 18-wheeler and semi-truck accident lawyer serving Odessa from D. Miller & Associates, PLLC™, can help you file a claim and seek recovery. You can learn more about our legal services throughout this article or in a case evaluation.
How a Truck Accident Injury Claim May Benefit You
After a truck accident, you may have the option to file a claim with the at-fault party’s insurance provider. Many people prefer filing a claim instead of a lawsuit to avoid having to go to court. However, there are other benefits to filing a claim for a truck accident.
A truck accident injury claim may help you:
- Hold another party responsible for your truck accident
- Get justice for your case if you were injured due to someone else’s negligence
- Pursue financial recovery for your medical bills and other damages
Types of Financial Recovery in a Truck Accident Case
Damages are the losses that you suffered because of an injury. Financial and non-financial losses may be recoverable in a truck accident personal injury case.
Below are some categories of damages you may recover.
Medical Bills and Future Medical Costs
If you were injured in a truck collision, you may be able to recover costs related to emergency medical care and ongoing medical needs.
You may be able to recover costs incurred by:
- Physician appointments
- Physical therapy
- Other rehabilitative care
- Surgical procedures
- Imaging tests, such as MRIs or CT scans
- Medical equipment
- Medical devices
- Transportation to medical appointments
- Other medical needs caused by the accident
Lost Past Earnings and Future Earnings
If you had to miss work while you were recovering from your injuries, you may be able to recover your lost wages.
If your injuries impaired your ability to work, required you to work fewer hours, or forced you to take a lower-paying job, you may also be able to recover these damages to your earning capacity.
If you endured mental and physical suffering because of your injuries, these damages are considered non-economic losses. These damages include:
- Pain and suffering
- Mental anguish
- Permanent disability or impairment
- Physical disfigurement, including scarring
Surviving Family Members May be Entitled to Financial Recovery on Behalf of Their Loved One
If your loved one was killed in a truck collision, the team at D. Miller & Associates, PLLC™, understands that legal action cannot bring back your loved one. It may, however, help you hold the at-fault party accountable and recover losses caused by the tragic death.
Damages in a fatal truck accident wrongful death claim or lawsuit may involve:
- The decedent’s lost earnings
- The decedent’s lost benefits
- Loss of inheritance
- Medical costs resulting from the truck accident
- Funeral and burial costs
- Pain and suffering
- Emotional suffering experienced by surviving loved ones
- Loss of the victim’s care, support, guidance, companionship, and/or consortium
We Can Help You Demonstrate the Other Party’s Negligence
Whether you were injured or lost a loved one in a truck collision, you will need to demonstrate several key elements to build your case, including:
- The at-fault party had a “duty of care.”
- The at-fault party broke that duty of care by acting negligently.
- You or your loved one’s injuries were caused by the party’s failure to uphold the duty of care.
- You suffered damages.
An 18-wheeler and semi truck accident lawyer serving Odessa from D. Miller & Associates, PLLC™, can obtain evidence and use it to show the required elements.
Identifying How the Truck Driver Was Negligent
To argue how a truck driver breached their duty of care, we need to identify how the truck driver was negligent while driving or how another party should be held liable for the accident. Our team will review the crash report on your case or conduct a private investigation to discover the cause of the accident.
A truck driver, trucking company, or another party may be considered negligent if the accident involved:
- Fatigued driving
- Distracted driving
- Failure to obey traffic laws
- Insufficient truck maintenance
- Defective truck parts
- Improperly loaded truck freight
- Falsification of the truck driver’s logbook
- Driver inattention
- Erratic driving, such as sudden lane changes
- Drunk driving
- Driving under the influence of drugs
Getting Evidence to Support Your Case Argument
To support your case, our team may obtain evidence, such as:
- Eyewitness statements
- Truck event data recorder (EDR) information
- Dashcam footage
- Vehicle maintenance records
- Trucking company records
- Police reports
- Forensic evidence
- Medical records
- Statements from accident reconstruction experts, medical or vocational rehabilitation experts, and other esteemed professionals
Time Limitations Set Forth by Texas Law
It is essential to remember that time is of the essence when it comes to personal injury and wrongful death lawsuits. The sooner our team at D. Miller & Associates, PLLC™, can start investigating your case, the better.
There are also important time constraints called “statutes of limitations” that limit when you can file a lawsuit. According to Texas law, the statute of limitations for truck accident lawsuits is two years.
Contact D. Miller & Associates, PLLC™, Today
If you or a loved one was involved in a truck accident, you may be able to recover damages and hold the liable party responsible through a personal injury claim or lawsuit. An 18-wheeler and semi-truck accident lawyer serving Odessa from D. Miller & Associates, PLLC™, can help you obtain evidence and build a case.
Call our office at (713) 850-8600 today for a case evaluation.