Truck crashes can lead to severe injuries and extensive property damage. You should consult legal counsel when negotiating Portland truck accident settlements to help you receive full compensation.
While drivers within the state must maintain insurance to cover losses due to wrecks, injured parties can also pursue personal injury claims for negligence. Schedule a consultation with a reliable truck collision attorney at Gideon Asen, LLC to learn more about your legal rights.
Determining a Valid Negligence Claim
Most truck accident settlements in Portland occur because the plaintiff can establish a valid legal claim. For negligence claims, the injured party must show that the defendant’s actions breached an established duty of care.
The plaintiff must also have suffered damages from the defendant’s breach, including economic or noneconomic damages. Economic damages, like medical bills, have a measurable financial value, while noneconomic losses cover immeasurable harms, such as pain and suffering.
In addition to the truck driver, the injured party could also have a claim against their employer under the state’s doctrine of respondeat superior. State law holds employers vicariously responsible for negligent actions by their employees while performing a job within the scope of their position.
When a Truck Wreck Results in a Death
If an injured person dies because of wrongful actions or negligence, the executor of the deceased’s estate can file a claim on their behalf as if they had survived the crash, per Maine Revised Statutes Title 18-C, § 2-807. An attorney can guide their client throughout the legal process to ensure they get the maximum compensation to cover their losses.
State Laws Can Impact the Settlement of Claims
State civil procedure laws can impact a settlement for a Portland truck collision. For example, the court can dismiss a lawsuit if it is not brought within the state’s statute of limitations.
Under the state’s statute of limitations, Me. Rev. Stat. tit. 14, § 752, a plaintiff must file a personal injury claim for negligence within six years of an accident. For wrongful death claims, the executor of the deceased’s estate must file the claim within two years, according to Me. Rev. Stat. tit. 18-C, § 2-807.
The state’s modified comparative negligence doctrine, Under Me. Rev. Stat. tit. 14, § 156, can also limit the amount a plaintiff could potentially recover in a lawsuit or settlement. The rule stipulates that an injured person’s ability to recover damages is entirely prohibited if they were 50 percent or more at fault in causing the wreck.
When the plaintiff remains under the threshold, the court will allow them to pursue damages in proportion to their percentage of responsibility. For example, a victim who is 40 percent responsible for a crash can recover up to 60 percent of the damages sought. A hardworking lawyer could help their client collect necessary documentation and file within legal deadlines.
Reach out to a Portland Attorney For Help With a Truck Accident Settlement
Contacting a professional lawyer to assist in negotiating Portland truck accident settlements will protect your legal rights and help you recover the maximum amount of damages possible.
Call a dedicated personal injury attorney with Gideon Asen, LLC today if you are considering filing a lawsuit or accepting a settlement. Our team can review your case and determine whether an offer is sufficient to cover your damages.
