How to Fight a Truck Accident Claim Denial

Truck Accident Lawyers
Truck Accident Lawyer
Accident Claim Denial

People who are involved in truck accidents are likely to suffer from catastrophic injuries that can severely affect their quality of life. Thankfully, you can always claim your damages by consulting a credible truck accident attorney and filing a lawsuit against the opposite party. Note that since multiple parties are likely to be involved in truck accidents, it will be challenging to prove the liability. Hence, make sure to rely on the services of a talented and experienced truck accident lawyer. Some of the common damages that you can claim for in this case include;

  • Lost wages
  • Punitive damages in case of extreme negligence
  • The loss of future wages
  • Medical expenses
  • Pain and suffering
  • Mental distress

Type of Disability Benefits

However, it might take time for all these legal proceedings and to obtain your compensation. Thankfully, you can obtain disability benefits through short and long term state disability insurance coverage. The former is to bridge the gap between the accident and the time the victim who cannot go for his/her work establish permanent disability status. This usually covers 60 to 70% of the income the victim was earning before the catastrophic accident.

Additionally, victims who had to cut down their working hours are also eligible for partial SDI (State Disability Insurance) coverage. Note that victims can expect up to 52 weeks of coverage under this policy. However, you will have to apply for SDI benefits within 7 weeks of confirming that you will not be able to work because of your of the accident injuries. Some of the injuries that you can consider to obtain SDI benefits include;

  • Partial or complete paralysis
  • Amputation
  • Post-traumatic stress disorder
  • Burns
  • Brain injuries

When it comes to long-term disability benefits, it is often given to the victims who are suffering from fatal injuries and cannot return to work for the unforeseeable future. The compensation, in this case, will depend on the total number of years you have been working and your overall income before the accident. The compensation will be higher for people with physical challenges even if they were earning less before the accident.

How to Tackle your Claim Denial

At times, your disability claims may get denied. Some of the common reasons for this denial include;

  • Previous denial of a similar claim
  • Lack of verifiable medical evidence
  • Failure to cooperate with the personnel investigating your accident claim
  • Failure to follow an appropriate treatment plan
  • Your share of fault

In case your case got denied because of any of the reasons mentioned above, it is recommended to re-file the claim in a way to make a more convincing case. Additionally, make sure to hire a truck accident lawyer with better experience and success rate.

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