Truck accidents are always devastating — they may either claim lives or leave the victims nursing severe injuries. When a truck hits you, and you suffer serious injuries, you have all the rights under Nevada law to seek compensation from the parties at fault. In some instances, your family members or close relatives may also seek compensation based on their relationship to you if you die in the accident. Here are some of the compensation that we at Las Vegas Personal Injury Attorney Law Firm can help you seek when a truck hits you.
1. Medical Bills
If you or your loved one sustains fatal injuries in a truck accident, the medical expenses involved are too high. If the court finds the truck driver or the truck company is responsible for your injuries due to recklessness or negligence, the truck driver or the truck company will have to meet all your medical bills. This means both the current bills as well as the future medical bills. In a personal injury case, the medical bills typically involve all substantial and reasonable medical-related bills the injured person incurred. Some of the medical bills for which you may seek compensation include:
Some of the injuries you may sustain from a truck accident may look minor at first, but as time goes by, they may get worse. If you suffer back and neck injuries, your primary care doctor might refer you to a chiropractor. If you have suffered back and neck injuries, your primary care physicians might not be able to provide the relief you need; you should seek a chiropractor's assistance. Under Nevada law, you have the right to have your chiropractic expenses paid by the responsible parties for a truck accident. For you to get compensation for chiropractic bills, you should seek assistance from your attorney and hand over the bills to him/her. Your attorney will pursue the case so that you get your deserved compensation.
Future Medical Damages
These medical costs required to cover your entire treatment services as projected by your doctor; are referred to as future medical damages. These costs are based on the type of treatment you require, your age, and the injuries you sustain when a truck hits you. If you sustain fatal injuries, which will require future treatment and medical care, the Nevada law permits you to include the future medical damages in your compensation claim. With your experienced attorney's help, you pursue your case in the corridors of justice so that the liable parties in a truck accident can compensate you for the damages.
The injuries suffered in a truck accident are always traumatic, and sometimes they may not be detected during the early stages of examinations. Truck accident victims do not recover completely, even after undergoing chiropractic care or physiotherapy. This is because the signs manifest later; medical experts could also have failed to detect certain symptoms after the accident. In this situation, the victim has to undergo diagnostic testing to detect the injuries. For instance, misaligned vertebrae injuries could press the nerves and lead to severe pain. You are entitled to reimbursement for diagnostic testing should you suffer injuries from a truck accident.
Primary Care Doctor Costs
You should stick to your insurance company's guidelines as to where and from whom you should get treatment if you have a medical insurance cover. If you fail to adhere to the guidelines, you risk weakening your compensation claim as your insurance provider may argue that you did not follow the treatment plan of your doctor. If you have health insurance, you must seek your primary care doctor treatment after a truck accident before getting referrals to a specialist.
Be sincere and tell your doctor that you suffered the injuries from the truck accident. This information is important because the party that caused your injuries or your insurance provider will require the evidence that the injuries you suffered were because of the truck accident. You should continue visiting your doctor until she/he declares to you that the treatment is over.
Physical Therapy Costs
Many truck accidents cause injuries that require physical therapy care. If you sustain injuries in a truck accident and are referred to a physical therapist, be sincere to give the details of your injuries and the accident. State everything to the physical therapist so that he/she notes down in the medical report. It is important to do what you are advised to do; you should also honor all the recommended appointments by the physical therapist. Put in writing all the crucial information, especially if the physical therapist tells you that you cannot participate in any activity or work. This report will be of great help when seeking compensation claims from the truck accident liable parties.
Current Medical Damages
Medical care involving victims of truck accidents is always included in personal injury compensation claims. If you suffer injuries in a truck accident, you are entitled to a reimbursement of the medical care you are currently receiving or the one you have already received after the accident. Such medical care may include doctor visit costs, prescription drug expenses, diagnostic testing fees, or emergency room care. You must keep your medical expenses receipts and bills such as pharmacy bills, hospital bills, doctor bills, and any other expenses incurred for your truck accident injuries. In order to prove that your current medical expenses are due to the injuries you sustained from the truck accident, your attorney will need this information to pursue your compensation claim.
If you have suffered injuries from a truck accident, in some cases, you could include medical monitoring expenses in your compensation claim under Nevada law. For instance, you can claim compensation for monitoring possible illness or development of a condition due to exposure to hazardous substances or products in a truck accident.
X-rays, CT Scans, and MRIs Costs
In order to examine the body's internal organs closely, a doctor may use an MRI (Medical Resonance Imaging) machine. This machine helps to diagnose the severity of particular injuries. For instance, if you sustain a neck injury from the truck accident, your doctor may determine the severity of your injury using an MRI. Doctors can also use X-rays (Radiological Imaging Technology) to produce a report for both your potential lawsuits and your insurance compensation claims. This is because establishing direct proof of an injury is always difficult, and most victims tend to exaggerate the severity of their injuries.
However, X-rays can only prove injuries such as dislocated or broken bones but cannot reveal other injuries like closed head injuries. This where a CT scan (Computerized Tomography) comes in handy; it produces detailed pictures of different body parts. A CT scan can reveal the various hidden injuries such as neck injuries, injuries sustained to internal organs, head injuries, and spinal injuries. Using these machines, your doctor can come up with a substantial report that can help your attorney to pursue the compensation claim you deserve.
2. Loss of Wages
If you sustain injuries because of a truck accident, you may seek compensation for lost wages and lost income under Nevada law. You will have to document and prove that the lost wages occurred due to the defendant's negligence or wrongdoing. In Nevada, lost wages may include:
- Vacation or sick days for which you would have qualified
- Regular pay
- Overtime pay
- Self-employment income, and
- Any other benefits you lost or lost perks for that period
Lost Self-Employment Income
Under Nevada law, lost self-employment income is a legitimate basis to claim for lost wages compensation, though it is difficult to prove. To prove this claim, you need to produce the documents showing the pay you would have received for the time you missed work or what you would have billed were it not for the truck accident. The documents you would need to claim for lost self-employment income compensation include:
- The testimony from an experienced forensic accounting witness, if your income is very complicated
- The statements of the bills for the months preceding your injuries or the accident
- Your tax return for the prior year
Sick Days or Vacation Time
If you sustain injuries in a truck accident caused by someone else and you had to use your vacation time, paid sick days, or personal days for treatment, you can seek compensation. You have to keep the records of the hours and the dates you were out of work for medication and treatment. Remember to preserve the copies of pay stubs showing the missed time or your time cards. The records can help you receive a well-deserved compensation for your suit.
Lost Overtime, Perks, or Bonuses
If you sustain injuries in a truck accident and cause you to miss your expected commissions, perks, bonuses, or overtime pay for the time you missed because of treatment, you can seek compensation as lost wages in Nevada. The evidence you will have to provide for compensation includes:
- Showing that you earn bonuses
- Showing that you were entitled to a perk
- Show that you normally work overtime
- Show that you make money on commission
The various ways you can show that you earn bonuses, commissions, overtime, or perks include the following:
- Provide a letter from your boss detailing that your commissions, bonuses, and overtime come from special events and showing the actual amount you would have received.
- Produce a letter from your boss, giving the actual amount lost as bonuses and the terms applied to the bonuses.
- Show the pattern of payment of your past pay stubs, overtime, and commission if they are regular.
- Produce an explanation from your boss if your commissions or overtime pay are seasonal for the prior year.
f To get your total lost wages in a compensation claim, the sum of anything you missed out due to your injuries is considered. It is important to provide your past pay stubs and a letter from your employer if you work as an employee in the private or public sector. The letter should contain the following information from your employer:
- The number of hours or days you missed for work
- The number of overtime hours you work per week and the overtime rate
- The number of hours you work per week
- Your job title
- The money you could have expected in your overtime pay, bonuses during that period, or commissions
- Your frequency of pay and the regular rate
- The time you were hired and confirmed as the employee up to the time of the truck accident
If your employer declines to give you the letter, you can use other means such as income tax returns, or the past pay stubs as proof. This evidence will enhance your compensation for loss of wages due to a truck accident. You can also seek your attorney's help to get the best proof for the lost wages to claim compensation. Remember to include the partial days in your claims, such as the hours you were out of work because of physiotherapy services, your doctor's appointment, or other treatment for your injuries.
3. Loss of Earning Capacity
In Nevada, reduction of ability or chance of earning an income due to injuries sustained in a truck accident is a loss of earning capacity. According to Nevada's workers' compensation act, you are eligible for compensation for loss of earning capacity if you suffer injuries in a truck accident. The loss of earning capacity compensation can be paid either as monthly payments or as a lump sum. You may receive your compensation for loss of earning capacity monthly if the loss is determined at 50% or more. You may also receive your compensation for loss of earning capacity as a lump sum if the loss is determined at less than 50%.
Factors Determining Your Lost Earning Capacity Compensation
The experts may scrutinize various factors before recommending compensation for loss of earning capacity due to injuries sustained after a truck accident. They include:
- Your level of education
- Your abilities, talents, and skills
- Your profession
- Your promotion history, improvements in skill and raises
- The location of where you work
- Your work history
- Your current wage rates and market values
To get a better compensation claim for lost earning capacity, you can work closely with your attorney. Provide with him/her your earning capacity record, your work history record, and other employment records. These records will strengthen your compensation claim.
4. Loss of Consortium
Loss of consortium is a claim filed by a family member or the spouse of the victim who sustains injuries in a truck accident, and therefore rendering him/her unable to provide for his/her family or spouse. In this case, the provisions may include companionship, comfort, sexual relations, love, or affection that were provided before the truck accident. The family member or the spouse of the victim may file a claim for compensation for these losses. Compensation for loss of consortium is not applicable unless the victim sustains permanent, long-lasting, or severe injuries under Nevada law.
Loss of consortium injuries falls under non-economic or general damages. This means that they are damages that can’t be replaced by money. Other damages that accompany the loss of consortium may include:
- Mental anguish and shock
- Embarrassment and humiliation
- Loss of reputation
- Suffering and pain
- Emotional distress
Always, the amount of non-economic damages depends on the jury or judge’s discretion. Since non-economic damages are hard to quantify, you may seek your attorney’s expertise to give the right amount to claim as compensation for loss of consortium.
Who Claims Loss of Consortium Compensation?
Partners and Spouse
The spouse of the victim qualifies to seek compensation for loss of consortium if one of the partners has suffered serious injuries in a truck accident in Nevada. However, many states in the U.S have permitted domestic partners to file a claim for loss of consortium.
Parents and Children
Under Nevada law, the parent or the child of the victim can file a compensation claim for loss of consortium. The parent or the child would argue that her/his injured child or parent cannot provide the affection, nurturing, and care she/he provided before the injuries from the truck accident. The parent or the child would have to prove that the physical injuries sustained by the victim irrevocably altered the child/parent relationship.
5. Emotional Distress
You may suffer emotional distress if you get hurt in a truck accident. Emotional distress could include stress, crying, insomnia, worrying, replaying the events, and loss of concentration. According to Nevada law, you can seek compensation for emotional distress when you suffer injuries in a truck accident. You have to seek your attorney's assistance to get emotional distress compensation, as he/she will give the expertise to prove your losses.
To win emotional distress compensation in Nevada, you must prove that you are an emotionally distressed person. You may produce your testimony of anxiety, inability to sleep, flashbacks, and other injuries associated with emotional injuries. Remember to keep your emotional distress in a journal; your journal can serve as evidence of emotional injuries you suffered.
To give more weight on your testimony, supplement your testimony with the other evidence showing the effects of the truck accident; severe truck accidents increase your emotional distress. When you present the circumstances of the accident, the facts, and the evidence of your physical injuries, you can reveal a clear picture of the emotional distress associated with the truck accident. You will receive full compensation, not just physical injuries, but also for mental anguish that you went through due to the accident.
6. Pain and Suffering
If you sustain serious injuries in a truck accident, the aftermath of the accident is pain and suffering. Pain and suffering refer to emotional and physical stress caused by the truck accident. Determining if you qualify for compensation, and figuring out the amount you can claim for pain and suffering can be complicated. This is because monetary compensation for pain and suffering is not enough because it can’t replace emotional and mental pain. You could also seek compensation for pain and suffering after a truck accident if you constantly experience:
- Loss of Enjoyment in Life
Under Nevada law, loss of enjoyment in life means the inability to lead a normal life. If the recklessness or negligence of someone else caused your injuries in a truck accident, you might file a compensation claim for the loss of capacity to enjoy life. The damages that you may seek compensation for loss of enjoyment in life include humiliations, disfigurement, embarrassment, suffering & pain.
After involvement in a truck accident, you might shy away from social and public places. You might always fear what people will think of your scars and disfigurement. If you used to engage in certain hobbies like sports, you might not have this ability anymore. For instance, a truck accident might lead to paralysis and make it impossible for you to participate in physical activities.
7. Wrongful Death
When you lose a loved one in a truck accident, it is always devastating, shocking, and traumatic. If you relied on him/her for financial support, it could be worrisome. You may wonder which legal course to take at the time. Under Nevada law, you can file a wrongful death compensation claim for your loved one's loss. According to Nevada law, surviving close relatives like parents, children, or spouses can seek compensation for the wrongful death of their loved one due to recklessness or carelessness of another party. In case the deceased did not have children, parents, or a spouse, the law in Nevada allows the court to appoint a personal representative to file compensation for wrongful death. The personal representative oversees the probate of the deceased estate. Wrongful death compensation may include:
- Burial and funeral expenses
- Loss of the deceased income
- Loss of parental guidance and training
- Medical expenses
- Loss of the deceased services
- Loss of the deceased companionship
- Your loved one’s suffering and pain
Find a Las Vegas Personal Injury Attorney Near Me
It can be hard to continue living normally after being hit by a truck. However, you can hold the responsible parties liable by filing a personal injury lawsuit. To get the proper compensation, you will need aggressive representation by an experienced attorney. Las Vegas Personal Injury Attorney Law Firm can evaluate your case and guide you in the claim process. Contact us at 702-996-1224 and speak to one of our attorneys.