In a personal injury claim, it can be defined as a stepwise resolution for an injury that occurred when it was caused by the negligent conduct of another party. This chapter will cover the general procedure for making a claim for personal injuries caused by a truck accident.
Read about a common type of personal injury cases here>>
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How To File a Personal Injury Claim After a Truck Accident?
1. Obtain Healthcare
Seek medical advice and obtain treatment as soon as possible. For your health and the subsequent proof of your injuries, which is evidence in the claim, is important for its credibility.
2. Collect All Evidence
All sorts of corroborative evidence, such as witness statements, medical records, photographs, and damages sustained from the accident, and police reports, would have to be gathered. Note down everything, from that time onwards, and concentrate on documenting every detail.
3. Report the Accident
You should file a police report as soon as possible to create an official record and start the claim process.
Inform the insurance company of the offending party, so an actual claim process may begin against their insurance.
4. Demand Letters
Prepare and send a demand letter to the insurer describing the particulars of the accident, the injuries sustained, and the amounts for damages being sought.
5. Procure the Services of a Personal Injury Lawyer
Obtain the services of a lawyer who has had extensive experience with truck accident cases. Allowing him/her to handle the legal intricacies of your case while he/she negotiates with the insurance companies on your behalf.
6. File a Complaint (If Necessary)
Should the insurance company decline to step up, the next step might be the filing of an official complaint or lawsuit in a proper court.
Important considerations:
- Timing is of utmost importance: There are extremely strict time constraints; you’re required to have all the paperwork filed for a personal injury claim by then.
- Documentation: Law is a lot stronger with evidence regarding substantiating the facts.
- Assess the value of your case: Compensation will involve a lot of things: injury severity, recuperation period, and duration of treatment.
Read the full article about How Long Do I Have to File a Personal Injury Claim
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Filing a Personal Injury Claim for Damages for a Truck Company Accident
Victims of truck accidents sustain serious injuries and massive property damage due to the monstrous size of commercial trucks. Thus, filing a case against truck companies or their drivers is going to be both civil and criminal in nature and also involves insurance laws.
The Types of Damages
Actual or Compensatory Damages
These are sums for definite losses or expenses, i.e., hospital bills, medical treatment, rehabilitation expenses, repair or replacement of property, loss of income, and other expenses.
Moral Damages
This is for the pain and suffering, the mental anguish, the fright, the anxiety, the feelings of social humiliation, or other forms of injuries that are rather hard to quantify. Moral damages, claimed in vehicular accident cases, exist wherever the defendant’s negligence inflicted emotional distress of grave character upon the claimant.
Exemplary or Punitive Damages
Where there is evidence of gross negligence, willfulness, or conduct carried on in reckless disregard of the consequences, or bad faith, these awards are to deter conduct in the future. The courts seldom award such exemplary damages as some other jurisdictions do.
Attorney’s Fees and Litigation Expenses
The court can order the losing party to cover the attorney’s fees and other reasonable litigation costs in a personal injury claim if the defendant acted in bad faith or if awarding attorney’s fees is fair and justified.
Criminal vs. Civil Actions
Criminal Action (Reckless Imprudence Resulting in Physical Injuries/Homicide)
The victim or their family can file a criminal case against the driver. A criminal action, once instituted, typically raises the question of civil liability. Such damages may be obtained after conviction or guilty plea. The burden of proof rests entirely on the prosecution to establish the defendant’s guilt beyond a reasonable doubt.
Civil Action (Quasi-delict under Article 2176 of the Civil Code)
This is filed either independently or simultaneously with the criminal case. In a civil suit, the burden and standard of proof are much lower than those in a criminal case (preponderance of evidence).
Reservation to File a Separate Civil Action
If criminal action has commenced, the private offended party has the option to merge their civil claim with that in the criminal case or to preserve the right to institute a separate civil action.
Filing a civil action usually gives the plaintiff greater control over how to present evidence and may lead to a faster resolution in some cases.
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Step-by-Step Process for Claiming Damages
Medical Attention
Obtain medical attention and keep records of all diagnoses, treatments, and expenses. The medical records become vital corroborative evidence for the cases of personal injury.
Evidence
Obtain a copy of the accident report from the local traffic enforcement authority. Inclusions in the evidence are photographs of the scene, vehicle damage, and injuries.
Witness Accounts and Statements
Any CCTV or dashcam footage, if available.
Legal Assistance
Be in contact with an attorney for tort or personal injury cases to evaluate the goals of the claims and methods of resolution.
Sending Demand Letters to the Company
Parties send demand letters to trucking companies or their insurers to start negotiations over claims and damage amounts.
Have you been in a car accident? Read what’s right for you>>
Negotiations Between You and the Trucking Company or Its Insurers
Negotiation may occur before or after filing a complaint. If both parties reach an amicable settlement in a personal injury claim, they must put it in writing to confirm the agreed payment and formally release the truck company from all liability.
Civil or Criminal Cases Are Filed as Required
If the parties do not hold discussions to reach a settlement, a party may file a complaint with a competent court. Claims above that ceiling go to the Regional Trial Court (RTC), while criminal complaints are filed through the prosecutor’s office.
Court Hearing
The next step is to present and collect evidence (such as documents, witnesses, and expert testimonies if needed) for the court to decide on fault, liability, and the damages to award. The chances of the intervention of higher courts (i.e., Court of Appeals and Supreme Court) may prolong litigation.
Executing Judgment
As soon as making the judgment favorable according to law becomes final and executory, then the court issues a writ of execution. The party against whom judgment is pronounced is free to satisfy the judgment by either paying the award for damages or by realizing the judgment against its property
Summing Up!
Claiming damages from vehicular accidents involving trucks requires an excellent understanding of civil and criminal proceedings, claims from insurance companies, and rules of evidence. The laws give the injured party the right to claim actual damages, moral damages, and exemplary damages.
Due to very complex truck accidents (large damages, possible corporate liability, and many insurance policies and parties), expert advice in personal injury claims from Tenina Law would be highly beneficial. Such an individual, along with proper documentation and preparation, will provide you the greatest prospect for attaining fair and just compensation for the losses. Contact Tenina Law Office today.
