Truck Accident Lawyer Explains Compensation
As an experienced truck accident lawyer, helping clients injured in a truck accident, I will explain your compensation entitlements, how to claim them and invite you to consider having us acting on your behalf.
What are Truck Accident Injury Claims?
Truck accident injury claims refer to the legal process through which passengers and drivers involved in a truck accident claim compensation for injuries resulting from the incident. When a truck accident occurs, injuries may occur resulting in compensation and a pay-out necessary.
Are You Eligible for Truck Accident Injury Claims?
In general, if you have:
- Been involved in a truck accident as a driver or passenger.
- Suffered non threshold injuries as a result.
- And not been mostly at fault.
Then you may be eligible to claim a payout in addition to the income support benefits available regardless of fault and injury.
Finding out your eligibility can be confusing sometimes. If this is the case for you do not hesitate to benefit from our free claim eligibility check. Our experienced lawyers will evaluate your truck accident claim explain if you are eligible, process and tell you how we can act on a No Win No fee basis.
I have been injured in a truck accident – what compensation can I claim?
If you have been involved in a truck accident, you may be entitled to statutory benefits such as income support payments, medical expenses, funeral expenses, vocational rehabilitation, and compensation by way of a lump sum payment for loss of income/opportunity and compensation for pain and suffering.
You may also be entitled to reasonable medical expenses including dental and pharmaceutical expenses, physiotherapy, and home care. You can make a claim for funeral expenses if you are the legal personal representative of a person who died in a truck accident.
Income support payments are available if you, because of the accident, lost income. The payments will cease after 26 weeks if you were wholly or mostly at fault or if your injuries are minor.
Lump sum payment
Lump sum payment for loss of income/opportunity relates to the loss of income and/or opportunity you have lost as a result of the accident. Our personal injury lawyers would work with you to calculate how much lost income and opportunity you may have lost and may lose into the future because of the accident and claim that loss. Lump sum payment for pain and suffering is a payment to consider the pain and suffering you have experienced as a result of the accident. Our personal injury lawyers will be able to inform you how pain and suffering is taken into account to ensure you understand the full extent of your compensation entitlements.
The benefits and compensation you may receive because of your truck accident depend on whether you were mostly at fault and whether your injuries were considered threshold injuries or not. The extent of compensation also depends on your personal situation prior to the accident, the severity of your injuries and extent of your potential losses. So, if you want to find out exact compensation you are entitled to, we advise you to contact our truck accident lawyers.
Can I make a claim for modified common law damages?
If you were not the driver mostly at fault and your injuries are not minor, you will also be entitled to make a claim for modified common law damages which include claiming damages for economic loss, both past and future including superannuation, that you suffered because of the injuries sustained in the truck accident. You may also be able to claim damages for pain and suffering if your injuries are assessed at being greater than 10% whole person impairment.
What is a minor injury?
Minor injuries relating to physical injuries are soft tissue injuries that are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, meniscus or cartilage. Whiplash injury is one of the most common types of injury to be classified as soft tissue injury. Minor psychiatric or psychological injuries, on the other hand, include adjustment disorder and acute stress disorder. You can contact our truck accident personal injury lawyers for information about whether your injury would be considered a minor injury or not. It is important because the difference of whether you will be able to claim income support payments beyond 26 weeks and damages for loss of income/opportunity and pain and suffering is dependent on your injury not being a minor injury.
I have been injured in a truck accident – how do I claim compensation?
For truck accidents you need to report the accident to the police within 28 days and obtain a Police Event Number which will need to be included in your Application for Personal Injury Benefits Form. You are also required to complete the Application for Personal Injury Benefits Form and request your GP complete a Certificate of Capacity form.
You are required to lodge both forms with the CTP insurer of the truck at fault within 3 months. However, if you are claiming income support payments for loss of income, you are required to lodge both forms within 28 days of the truck accident, so that you can receive statutory benefits from the date of the accident. Our personal injury lawyers will be able to advise you on the requirements of these forms and will be in some instances, able to complete and lodge the Application for Personal Injury Benefits Form on your behalf.
Truck Accident Claims Examples
Here are 2 examples of successful truck accident compensation claims.
Example 1: Truck Driver Rear-Ended by Negligent Driver
A truck driver was driving on the highway when he was suddenly rear-ended by a distracted driver who failed to notice the truck slowing down. The impact causes significant injuries to the truck driver, including back and neck injuries, requiring extensive medical treatment and rehabilitation. The truck driver makes a truck accident injury claim against the negligent driver and their insurance company. After a thorough legal process, the truck driver is awarded a compensation settlement of $105,000 to cover medical expenses, lost wages and pain and suffering incurred because of the accident.
Example 2: Truck Driver Injured in a T-bone Collision
While driving through an intersection, a truck driver was involved in a T-bone collision with a passenger vehicle that ran a red light. The impact caused significant injuries to the truck driver, including spinal injuries and internal trauma, requiring surgeries. The truck driver, with the assistance of our dedicated truck accident lawyer, made a personal injury claim against the at-fault driver seeking compensation for medical expenses, ongoing rehabilitation, lost wages, and pain and suffering. After a thorough legal process, the truck driver was awarded with a $220.000 lump sum payout to cover his damages.