A truck accident is often tragic since it can result in the loss of life or serious injury to the victims. If you are hit by a truck and sustain severe injuries, you do have the right, under Nevada legislation, to demand compensation from the person responsible. In some cases, the victim's close relatives or a family member could also seek settlement depending on their connection to the victim if he or she succumbs to the accident. Below are various types of compensation that we at the Las Vegas Car Accident Attorney Law Firm can assist you in obtaining if you're hit by a truck.
Under Nevada law, if you're injured in a truck accident, you can claim recompense for lost income and wages. You'll need to record and demonstrate that your lost wages were caused by the defendant's wrongdoing or negligence. Loss of wages in Nevada can involve the following:
- Sick days or vacation for which you'd be eligible
- Income from self-employment
- Extra money for working overtime
- A regular salary
- Any other perks that you lost during that period
Lost Self-Employment Earnings
Although it's difficult to show, losing self-employment revenue is a legal basis for claiming lost income compensation under Nevada statutes. To support this request, you should submit documentation demonstrating the income you could have gotten or the amount you could have billed if the truck accident had not occurred. You'll need the following documentation to file a claim for lost self-employment earnings compensation:
- A formal statement, either spoken or written, from a professional forensic accountant's testimony, if your earnings are quite complicated
- Bill statements for the months preceding the truck accident or your injuries
- Your previous year's tax return
Vacation Time or Sick Days
You could be able to seek compensation if you were injured in a truck accident caused by another person and that person forced you to use your paid sick leave, personal days, or vacation time for treatment. You should keep track of the days and hours you have been absent from work due to treatment or medication. Remember to keep a duplicate of your paycheck stubs or time cards that demonstrate the missed hours. The documents can assist you in receiving a well-deserved settlement for your lawsuit.
Lost Perks, Bonuses, or Overtime
If the injuries sustained in a truck accident force the victim to miss out on his or her expected perks, commissions, overtime pay, or bonuses for the period he or she missed due to treatment, they can claim recompense as lost earnings in Nevada. The victim will be required to present the following evidence to get compensation:
- Demonstrate that he or she receives bonuses
- Show that the victim was entitled to a benefit
- Demonstrate that he or she frequently works overtime
- Demonstrate that the victim is paid on commission
You could demonstrate that you receive commissions, bonuses, perks, or overtime in a variety of ways, including:
- Presenting a note from your manager stating that your bonuses, overtime, and commissions were earned as a result of special events, as well as the amount you could have gotten
- Provide a document from your manager that details the actual amount of bonuses lost as well as the terms of the bonuses.
- Showing the payment patterns of your previous paycheck stubs, commissions, and overtime if they're consistent
- Provide a clarification from your manager if your overtime pay or commissions are periodic for the previous year
To calculate the overall lost income in your compensation suit, the total amount of everything you missed out on as a result of the injuries sustained is taken into account. If you're working in the public or private sector, you should present your previous payslips as well as a note from your manager or employer. The letter ought to include the following details from your manager or employer:
- The rate at which you work overtime, as well as the number of hours, worked during the overtime period
- The number of days or hours you were absent from work.
- The number of hours you work each week in total.
- Your position title
- The amount you would have received if you had received bonuses, overtime pay, or commissions during that period.
- Your usual pay frequency and rate
If the victim's boss refuses to give him or her the letter, they can provide proof in other ways, such as tax returns or previous paycheck stubs. This evidence can help you get more money for lost wages as a result of the truck accident. The victim could also enlist the services of a lawyer to obtain the best evidence of lost income to file a suit for compensation. It's worth noting down the partial periods in your submissions, like the hours spent outside the workplace for a physician's appointment, physical therapy, or other injury-related treatments.
If a victim or his or her loved one is killed in a truck accident, the medical bills will be extremely expensive. If the courts determine that the truck company or the driver was reckless or negligent in causing the victim's injuries, the truck company or the driver of the truck will be accountable for all of his or her medical expenses. This includes current and future medical expenses. Medical bills in such lawsuits normally include all reasonable and substantial medical-related bills incurred by the injured victim. The following are examples of medical costs for which a victim could be eligible for compensation:
Some injuries sustained in truck accidents may appear mild at first, but they could worsen over time. If he or she sustained neck or back pain, the victim's doctor could refer him or her to a chiropractor. If you've sustained neck and back injuries, your physician may be unable to offer the necessary treatment; instead, you ought to seek the services of a competent chiropractor.
Under Nevada statute, the victim has the right to have the liable parties for the truck accident pay for their chiropractic expenses. To receive reimbursement for chiropractic expenses, you should consult with a lawyer and submit the costs to him or her. Your lawyer will fight the case to ensure that you receive the money that you're entitled to.
Future Medical Costs
These medical charges are known as "prospective medical costs" because they are necessary to cover the victim's whole treatment services as forecasted by their doctor. The amount you pay depends on the sort of care you need, your age, and the injuries you suffered from the accident. If you suffer fatal injuries that will necessitate future medical care and treatment, Nevada law allows you to incorporate future medical expenses into your claim. With the assistance of a professional attorney, the injured person pursues their lawsuit in the courts so that the responsible parties in the truck accident can compensate them for their losses.
Injuries sustained in truck accidents are often severe, and they could go undetected in the early phases of assessment. Even after receiving chiropractic care or physical therapy, a truck accident victim doesn't recover completely. This is because the symptoms appear later and medical professionals may have missed specific signs after the event. In this case, the victim should undergo diagnostic tests to determine the extent of his or her injuries. Misaligned vertebrae injuries, for example, can push on nerves and cause excruciating agony. If you're injured in a truck accident, you're entitled to compensation for a diagnostic test.
Truck accidents frequently result in injuries that necessitate physical rehabilitation. If you've been in an accident and have been transferred to a physiotherapist, be honest about your injuries as well as the accident. Disclose every symptom and detail to the physiotherapist so that he or she can take note of it in your medical report.
It's critical to follow the advice given to you, as well as to keep all of the physiotherapist's recommended appointments. Put everything down in writing, particularly if the physiotherapist advises you that you can't do anything or go to work. Such a report would be extremely useful in pursuing claims for compensation from the parties responsible for the truck accident.
Fees for Primary Care Physicians
If you have medical insurance coverage, you should follow the instructions set forth by your insurance company regarding with whom and where you should get treatment. If you don't follow the recommendations, your reimbursement claim could be weakened since your insurance company could claim that you didn't comply with the doctor's treatment plan. If you do have medical insurance, you should first seek treatment from a primary care physician before being referred to any specialist.
Be honest with your physician and inform him or her about your injuries from the truck accident. This detail is crucial because the entity or individual who caused the injuries, as well as your health insurer, will demand proof that the sustained injuries resulted from the truck accident. You can continue to see your physician until he or she declares the treatments completed.
Under Nevada law, you could be able to attach the medical monitoring costs to your settlement claim if you sustained injuries from the truck accident. For example, you could be able to seek settlement for monitoring potential illnesses or the development of an ailment as a result of exposure to dangerous products or substances from the truck accident.
Costs of CT scans, MRIs, and X-rays
A physician can use a medical resonance imaging machine, also termed MRI, to closely analyze the internal organs of the body. This equipment helps in diagnosing the intensity of certain injuries. For example, if you suffer an injury to the neck as a result of a truck accident, your physician will use an MRI to assess the intensity of the injury. Doctors could also make use of X-rays, also known as radiological imaging technology, to create a report viable for both prospective litigation and insurance reimbursement claims.
Current Medical Expenses
Medical care for truck accident victims is always covered under a personal injury settlement claim. If you sustain injuries from a truck accident, you're entitled to compensation for the medical care you're currently getting or have already acquired following the accident. This medical care could include doctor visits, prescription medicine charges, diagnostic testing bills, or emergency department care. Medical invoices and receipts, like hospital bills, pharmacy bills, doctor bills, as well as any other costs incurred as a result of your accident injuries, must be kept. Your lawyer would require this information to seek your compensation claim, showing that your current bills are related to the injuries incurred during the truck accident.
Loss of Earning Capacity
In Nevada, an "earning capacity loss" is defined as a decline in the ability or possibility of generating an income as a result of injuries suffered in a truck accident. If you're injured in an accident, you could be entitled to compensation for your lost earning capacity under Nevada's workers' compensation law.
Compensation for earning capacity loss could be paid in a lump sum or partial monthly installments. If your loss of earning capacity is estimated to be 50% or greater, you may be entitled to monthly compensation. If your earning capacity loss is less than 50%, you may be able to get your settlement in a lump sum amount.
Factors that Influence Compensation for Loss of Earning Capacity
Before suggesting compensation for earning capacity lost owing to injuries incurred from a truck accident, the experts would consider a variety of factors. They include:
- Your educational level
- Your abilities, skills, and talents
- Your field of work
- Your skill development, promotion history, and pay raises
- Your workplace's location
- Your work experience
- The current market values and wage rates
You can consult with your lawyer to obtain a better settlement for your earning capacity loss. Provide him or her with your record of earning capacity, work history, as well as other professional records. These documents can help you prove your case for settlement.
Loss of Consortium
This type of claim is submitted by a victim's spouse or family member who suffers injuries from a truck accident, leaving him or her incapable of fending for their spouse or family. In this situation, the provisions could include comfort, love, sexual relations, affection, or companionship that were offered before the accident. Your spouse or family member could submit a settlement claim for your loss. Under Nevada law, a settlement claim for consortium loss is not available unless the injured person suffers a permanent, long-term, or serious injury.
Injuries resulting from consortium loss are classified as general or non-economic damages. This implies that the sustained damages are irreversible and cannot be restored by money. Other losses that could arise as a result of the consortium loss include:
- Mental shock and anguish
- Humiliation and embarrassment
- Damage to your reputation
- Pain and suffering
- An emotional anguish
The level of non-economic damage is always left up to the judge or jury's discretion. Although non-economic damage is difficult to define, you would want to enlist the help of a professional attorney to determine the appropriate sum to claim as settlement for your consortium loss.
Who Is Entitled to Consortium Loss Compensation?
1. Spouses and Partners
If a husband or wife is seriously injured as a result of a truck accident, the victim's partner is entitled to claim compensation for consortium loss. However, most U.S. states have made it possible for a domestic partner to pursue a settlement for a consortium loss.
2. Minors and Parents
A lawsuit for a consortium loss can be filed by the victim's child or parent under Nevada legislation. A child or parent could argue that his or her injured parent or child is unable to offer the same nurturing, care, and affection that he or she offered before due to the truck accident injuries. The minor or parent would have to show that the victim's physical injuries permanently changed the parent-child connection.
Suffering and Pain
The aftermath of truck accidents involves suffering and pain if the victims have suffered major injuries. The physical and emotional distress caused by a truck accident is referred to as "suffering and pain." It can be difficult to figure out if you're eligible for compensation as well as how much you should claim for the suffering and pain. This is because monetary settlement for suffering and pain is insufficient since it cannot compensate for mental and emotional distress. If you're continually experiencing the following symptoms as a result of a truck accident, you could be entitled to recompense for your suffering and pain.
- A failure to enjoy life
According to Nevada statutes, loss of pleasure in life entails the failure to live a normal life. If another person's negligence or recklessness led to your injuries in a truck accident, you could be able to submit a settlement claim for the loss of your ability to lead an enjoyable life. As compensation for the loss of enjoyment of life, you could seek compensation for disfigurement, humiliation, embarrassment, pain, and suffering.
After being involved in a truck collision, you could avoid public and social spaces. You would be constantly concerned about what others would think of the disfigurement and scars you sustained. If you were used to it, you may no longer be able to partake in certain interests, such as sports. For example, truck accidents could render victims paralyzed and prevent them from taking part in physical acts.
If you sustain injuries in an accident involving a truck, you could experience emotional discomfort. Stress, insomnia, crying, anxiety, repeating events, and losing concentration are some examples of emotional distress. When you sustain injuries from an accident involving a truck, Nevada statutes allow you to seek recompense for emotional stress. You should seek the services of your lawyer to obtain an emotional distress settlement since he or she has the skill to substantiate your claims.
To be eligible for an emotional distress settlement in Nevada, you must first demonstrate that you're emotionally distressed. You could present evidence of insomnia, flashbacks, anxiety, and other ailments related to emotional distress. Make sure to keep a journal of your emotional suffering. This journal could serve as proof of emotional trauma. To give your testimony more weight, supplement it with other facts demonstrating the repercussions of the truck collision; serious truck accidents intensify your emotional discomfort.
You could provide a clear understanding of your emotional turmoil linked to the truck accident by presenting the events of the crash, the facts, as well as the proof of the injuries sustained. Not only will you be compensated for your physical trauma, but also for the emotional distress you experienced as a result of the incident.
It's always shocking, devastating, and traumatic to lose a family member or close friend in an accident. It can be disturbing if you rely on them for financial help. You could be unsure about which legal path to pursue at this point. Under Nevada legislation, you have the right to submit a wrongful death settlement claim for the loss of your loved one. As per the Nevada legislation, surviving close family members such as parents, minors, or spouses could claim settlement for their loved one's wrongful death caused by another party's carelessness or recklessness.
If the deceased has no parents, minors, or a partner, the Nevada statutes allow the courts to designate an individual representative to pursue wrongful death compensation. The appointed personal representative is in charge of overseeing the probate of the estate belonging to the deceased. Compensation for wrongful death could include the following:
- Loss of parental training and guidance
- Funeral and burial costs
- The anguish and agony of a loved one
- Medical costs
- Income loss due to the death of a loved one
- Loss of a deceased companionship
- Losing the services offered by the deceased
Find a Personal Injury Attorney Near Me
It could be challenging to resume normal life after being involved in a truck accident. However, by submitting a settlement claim, you could hold the relevant parties accountable. To obtain the right compensation, you'll need aggressive legal representation from a professional attorney. We at the Las Vegas Car Accident Attorney Law Firm have seasoned legal attorneys that will assess your lawsuit and assist you with the claim procedure. Contact us right now at 702-576-0010 to speak with one of our lawyers.