When you get into a truck accident, you may be dealing with a lengthy recovery period, property damage, changes to your personal and professional life, and plenty of financial challenges.
To compensate for those, the state allows you to get three types of compensation — economic, non-economic, and punitive damages. The types of damages may depend on the specific harm you experienced.
Damages are generally proportional to the degree of the injuries in the accident. That is because the worse the injury, the more likely you will have expensive medical bills, more time from work, and emotional trauma.
Our team at Gideon Asen, LLC can help you understand the types and amounts of available damages in Portland truck accident cases. Schedule a consultation with our knowledgeable truck collision attorneys today to find out more.
Available Types of Damages
In Portland, people filing for compensation in a truck accident case can obtain three types of damages: economic, non-economic, and punitive losses.
Economic Damages
Economic damages are a way of repaying injured parties for their financial losses, linked to the following:
- Property damage
- Medical bills
- Lost income
- Loss of earning capacity
There may also be indirect economic losses, such as if an injured person needs a caregiver.
Non-Economic Damages
Non-economic damages refer to non-financial losses that result from an accident, including:
- Disfigurement
- Loss of companionship
- Pain and suffering
- Emotional distress
When someone dies in a truck accident, their surviving loved ones can file a wrongful death lawsuit to recover for that loss. However, the state caps the amount the family can recover.
The compensation limits are $500,000 for compensatory damages and $250,000 for punitive damages. While these amounts may seem significant, they can amount to less than five years of lost wages for many families, making them insufficient to treat a family’s actual financial needs.
Punitive Damages
Punitive damages are used to punish a wrongdoer and are not a normal part of the tort system. Most torts result from negligence, not malice or egregious behavior.
Those acts do not require additional compensation to try to dissuade future wrongdoers. However, some acts are so out of line that they deserve additional punishment. A lawyer can explain whether punitive damages may be possible in a particular situation.
Statute of Limitations
Maine extends the statute of limitations for personal injury cases, allowing people to file a lawsuit to collect damages up to six years after an accident. This provides substantial time for injured parties to recover and meaningfully participate in their claims.
Similarly, this amount of time allows for all expenses and effects of an injury to manifest. In cases of severe harm, a person’s physical condition may be in flux for the first several years. It can be impossible to accurately predict the long-term financial costs of injuries, leading people to accept insufficient settlements.
Allowing an extended period to file lawsuits ensures that individuals have a firm grasp of the long-term effects of their injuries, which can help them more accurately predict financial damages after a Portland truck accident.
Speak to a Portland Attorney About Damages in Truck Accident Cases
Calculating damages depends on multiple factors, such as the severity of the injuries, the length of recovery, emotional trauma, and even the injured person’s prior earning capacity.
Determining whether a settlement offer is fair or appropriate can be more complicated than many realize. Even a generous amount can be insufficient to cover your actual expenses.
Fortunately, reliable legal counsel can help you understand potential damages in Portland truck accident cases. Contact a compassionate personal injury attorney at Gideon Asen, LLC today to gain a professional perspective on your case.
