If you’ve suffered injuries in a truck accident in Oregon, you may be eligible to pursue a personal injury claim and seek compensation. The monetary damages you can collect for a truck accident will depend on a number of factors, including the extent of your injuries, who was at fault for the crash, and the insurance policies available to cover your losses.
Do you have questions about pursuing a personal injury lawsuit? Contact an experienced truck accident attorney at Rizk Law’s today. Our legal team will evaluate your case, explain your options, and be prepared to seek full compensation at no upfront cost to you.
Types of Damages in Truck Accident Cases
The damages that may be sought by those injured in truck accidents in Oregon fall into three main categories: economic, non-economic, and punitive. Economic damages compensate victims for their quantifiable losses, such as medical bills and lost income; non-economic damages compensate them for subjective losses, such as anguish and suffering; and punitive damages punish the at-fault party.
Economic Damages You Can Collect After A Truck Accident: Financial Losses
The financial impact of a truck accident can be extensive. The economic damages you may demand after a truck accident include the following:
- Medical Costs – Medical expenses include the cost of medical treatments, surgeries, hospital stays, prescription medications, medical devices, physical therapy, and ongoing care of physical injuries. You may also collect compensation for the costs of anticipated future medical care.
- Lost Wages – Lost wages include the money you’ve lost while you’re unable to work due to your truck accident injuries. You can seek compensation for any loss of future earning capacity. If your injuries are disabling, you may not be able to work at all, or you may only be able to work in a limited capacity for less income than you could before the crash.
- Property Damage – After a crash involving a truck, you’ll need to repair or replace your wrecked vehicle. Property damage compensation covers these costs and the cost of replacing other personal items lost or destroyed in the crash.
- Other Out-of-Pocket Costs – You can also seek compensation for miscellaneous costs after a truck accident. While your car is in the shop, you may need to pay for other transportation. If your injuries are severe, you may need to modify your home by installing ramps. You might even need to hire in-home help to perform chores you can no longer do.
Non-Economic Damages You Can Collect After A Truck Accident: Pain and Suffering
Non-economic damages can be more challenging to calculate. That’s why it’s so important to work with a personal injury attorney who knows how to seek maximum compensation for intangible losses such as the following:
- Pain and Suffering – Pain and suffering refers to the physical and emotional discomfort you experience due to your injuries. This compensation for pain and suffering is calculated on a case-by-case basis since it’s subjective. Some evidence your attorney can use to support your claim for pain and suffering includes diary entries of your pain levels, the nature of your injuries, and the types of treatments you’ve undergone and need to undergo.
- Loss of Consortium – A claim of loss of consortium is a bit different from other non-economic damages. It compensates your spouse for the effect of your injuries on your relationship. Serious injuries can turn a partner into a caretaker and make it difficult or impossible to share an intimate relationship.
- Emotional Distress – Emotional distress covers the psychological impact the truck accident had on you. After an accident, it’s common to suffer from some level of post-traumatic stress disorder (PTSD), anxiety, or depression. This compensation can help pay for therapy and certain medications.
An experienced personal injury attorney can negotiate with the insurance company and seek a truck accident settlement that covers your economic and non-economic losses.
Punitive Damages: Punishing Negligence
The purpose of punitive damages is to punish the at-fault party for particularly egregious behavior. The Oregon Revised Statutes (ORS) states that to recover punitive damages, you must convincingly prove that the at-fault party “acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm.”
This is a high standard to meet, so punitive damages are rare. However, if your attorney believes they can prove that the truck driver or another party acted outrageously, these damages could significantly increase the dollar value of your case.
Factors Affecting Your Compensation
Several factors will affect the amount of compensation you can recover through your truck accident claim. Chief among them are the following:
- Severity of Injuries – The severity of your injuries is perhaps the most significant factor in calculating compensation. The more severe your injuries are, the more your medical treatment is likely to cost and the more the at-fault party owes you.
- Impact on Life – Are you still able to work? Can you do the activities you used to enjoy before your injury? Do you now require a wheelchair or a full-time caretaker? The more the accident has disrupted your life, the more money it will take to offset this impact.
- Degree of Fault – One thing that can negatively impact your compensation is your degree of fault. Oregon follows a modified comparative negligence rule, which reduces the compensation you could recover at trial based on your percentage of fault. If you were 15 percent at fault for the accident, you can only recover 85 percent of the court-awarded damages. Per this system, you must not be more at fault for the accident than the combined fault of all other parties you’re suing.
- Insurance Coverage – All drivers must meet mandatory insurance coverage minimums in Oregon. Federal law requires most commercial trucks to have substantial insurance coverage. In a truck accident, you may be able to file a suit against the trucking company’s insurance, which could increase the compensation available.
How a Truck Accident Lawyer Can Help
If you were injured in a truck accident, you need an experienced truck accident lawyer who can:
- Gather evidence that supports your version of the events leading up to the truck accident
- Calculate your losses based on the extent of your injuries, your medical bills, and the impact your injuries have had on your life
- Determine the insurance policies available to compensate you
- Negotiate with the insurance providers of the truck driver and trucking company for a fair settlement on your behalf
- Present your truck accident case in court if the insurance companies refuse to agree to a fair resolution.
The Rizk Law Firm has the experience you’re looking for after a serious accident involving a large truck. Contact our personal injury lawyers in Portland, Oregon, for a free consultation about your case.
