Lake Oswego Truck Accident Lawyer
After the trauma of your commercial truck accident, your entire life may have been affected. You may find it difficult or impossible to get out of bed every day and complete daily living tasks without the help of a home healthcare provider. Your medical bills may be piling up since you are unable to work and struggling to cope with the fallout of your injuries. A premier Lake Oswego truck accident lawyer from Paulson Coletti Trial Attorneys PC can help you through some of the most challenging times in your life.
Why Choose Our Lake Oswego Truck Accident Attorney?
With the right experienced personal injury law firm handling your case, you may be able to build yourself back up and demand the justice you deserve. Not only can we explore your opportunities for financial compensation, but we can also help you figure out how to manage your astronomical expenses while we move through the claims process. If we can ease some of the burdens you have been forced to contend with since the day of the collision, we will.
Schedule a free consultation today to learn more about whether you have grounds for a truck accident claim and how you can maximize your settlement.
How Much Is My Truck Accident Settlement Worth?
To accurately determine how much your Lake Oswego truck accident settlement is worth, we will need to carefully review both your economic and non-economic damages. We need to learn more about every single way your life has been affected by not only your injuries but the accident itself.
It may surprise you to learn that you are entitled to compensation for more than just monetary losses. Some examples of potentially recoverable damages in a commercial truck accident lawsuit include:
- Loss of enjoyment of life
- Diminished earning capacity
- Chronic physical and mental pain and suffering
- Disfigurement or permanent disability
- Feelings of embarrassment, shock, or shame
- Loss of consortium
- Lost wages and employer-provided benefits
- Existing medical expenses and future healthcare costs related to your accident injuries
Lake Oswego Truck Accident FAQ
What does it mean to “toll” the statute of limitations?
When the statute of limitations is “tolled”, it means that the countdown has temporarily paused. This does not happen in every personal injury case. Only under specific circumstances will the personal injury statute of limitations under ORS 12.110(1) allow for more than two years to file suit.
The statute of limitations may have been tolled in your case if the liable party leaves the state. Only when they return to Oregon will the statute of limitations resume its countdown. You may also qualify for tolling if your child is a minor who was injured in the truck accident. In this case, the statute of limitations may not begin counting down again until the child reaches the age of 18, at which point it would expire two years later.
Additionally, the statute of limitations can be tolled if you receive a delayed diagnosis. You may have avoided going to the hospital immediately after the wreck because you thought you were fine, only to find out a couple of weeks later that you have a serious neck or spinal cord injury. The statute of limitations would then start counting down on the date you receive your official diagnosis.
What do I do if the truck driver says I caused the accident?
If the truck driver says you caused the accident, try not to panic. This is one of the most common tactics that truckers and other liable parties use to avoid financial culpability. Oregon follows modified comparative negligence laws under ORS 31.600(1), so if you share responsibility for the injuries you suffered, the liable party will not be expected to compensate you for 100% of your damages.
For instance, let’s say you were not wearing your seatbelt when you were struck by a drowsy truck driver. If the truck driver says you are partially responsible for the injuries you suffered because you were not wearing your seatbelt at the time of the accident, the judge might find you 10% at fault. In this case, you would only receive 90% of whatever you were awarded. If your portion of blame is greater than the 50% threshold, you may not be able to proceed with your truck accident lawsuit at trial.
What does the FMCSA have to do with my Lake Oswego truck accident claim?
The Federal Motor Carrier Safety Administration (FMCSA) may have more to do with your truck accident claim than you expected. The FMCSA is responsible for the oversight and regulation of commercial trucks and trucking companies across the United States. There are several rules and regulations that trucking companies violate to further their own financial priorities.
For instance, the trucking company may encourage their truck drivers to violate the hours of service regulations as described under 49 CFR 395. This may increase the frequency of drowsy driving accidents. Another common FMCSA violation could include violations surrounding the tractor-trailer’s weight. According to the Federal Highway Administration (FHA), if the weight restrictions are violated, trucking companies can be fined or even shut down, especially if their actions contributed to the catastrophic injury or death of another.
How do insurance claims work after a truck accident in Lake Oswego?
One of the most common ways to recover compensation after a truck accident is by filing an insurance claim. After all, the purpose of insurance is to protect you in the event of an accident. Unfortunately, it is not quite that simple. You will be filing a claim against the liable party’s insurance policy since Oregon operates under a fault-based insurance system per the Oregon Division of Financial Regulation.
When you are filing a claim with someone else’s insurance company, you may have no idea what to expect. Do not expect the insurance company to settle your claim without putting up a fight. It will lose money if it settles your claim. For this reason, the insurance adjuster will be responsible for looking at your claim with intense scrutiny. Your truck accident attorney can help ensure your claim is handled correctly and further negotiate with the insurance company if necessary.
Contact a High-Powered Lake Oswego Truck Accident Attorney for Help Today
The impact of your commercial truck accident may continue to affect your life for years to come. But that does not mean you need to let the trauma of this experience consume you. With help from a compassionate and highly experienced truck accident lawyer in Lake Oswego from Paulson Coletti Trial Attorneys PC, you can focus on recuperating while we help you cope.
Our team will work tirelessly to build a powerful case against the individual or entity responsible for causing your injuries and resulting damages. We are not afraid to fight back against profit-motivated insurance companies, national trucking companies, or other liable entities. We will stop at nothing to get the most out of your claim.
Learn more about what your next steps should be when you fill out our contact form or call our office at (503) 226-6361 to schedule your free, no-obligation consultation as soon as today.