Injury Lawyer Blog

Description: Comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. Under this principle, each party’s level of responsibility for the accident is assessed, and their compensation is adjusted accordingly.

Key Points:

• Fault Allocation: The court determines the percentage of fault for each party involved in the accident.
• Impact on Compensation: The compensation awarded to the injured party is reduced by their percentage of fault.

Oregon’s Modified Comparative Negligence Rule

Description: Oregon follows a modified comparative negligence rule. This rule allows injured parties to recover damages even if they are partially at fault for the accident, as long as their fault does not exceed 50%.

Key Points:

• 50% Threshold: If the injured party is found to be 51% or more at fault, they cannot recover any damages.
• Reduction in Damages: If the injured party is less than 51% at fault, their damages are reduced by their percentage of fault.

Example Scenario

Description: To illustrate how Oregon’s comparative negligence law works, consider the following example:

Scenario:

• You are involved in a car accident and suffer injuries. The total damages amount to $100,000.
• The court determines that you are 30% at fault for the accident, while the other driver is 70% at fault.

Impact:

• Fault Allocation: Since you are less than 51% at fault, you can still recover damages.
• Reduced Compensation: Your compensation will be reduced by 30% (your percentage of fault). Therefore, you will receive $70,000 instead of the full $100,000.

Factors Considered in Determining Fault

Description: Several factors are considered when determining each party’s percentage of fault in a personal injury case.

Key Factors:

• Traffic Violations: Any traffic laws violated by the parties involved, such as speeding or running a red light.
• Eyewitness Testimony: Statements from witnesses who observed the accident.
• Accident Reports: Police reports and other official documentation of the accident.
• Physical Evidence: Evidence from the accident scene, such as skid marks, vehicle damage, and road conditions.

Legal Strategies to Minimize Fault

Description: To maximize your compensation, it’s essential to employ legal strategies that minimize your percentage of fault.

Key Strategies:

• Gather Evidence: Collect and preserve evidence from the accident scene, including photos, videos, and witness statements.
• Seek Medical Attention: Obtain immediate and ongoing medical treatment to document the extent of your injuries.
• Consult an Attorney: Hire an experienced personal injury lawyer to build a strong case and negotiate with insurance companies on your behalf.

Importance of Legal Representation

Description: Navigating the complexities of Oregon’s comparative negligence law requires skilled legal representation. An experienced personal injury lawyer can help you understand your rights, gather evidence, and effectively present your case.

Benefits of Hiring a Lawyer:

• Expertise: A lawyer with experience in personal injury law can provide valuable insights and strategies.
• Negotiation Skills: Lawyers are skilled negotiators who can handle discussions with insurance companies to ensure fair compensation.
• Legal Support: From filing the claim to representing you in court, a lawyer provides comprehensive support throughout the process.

Contact Troutdale Injury Lawyer Today

If you’ve been injured in an accident and are concerned about how Oregon’s comparative negligence law might affect your claim, I am are here to help. Contact me today for a free consultation. I am dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Call me now at 971-727-9226 or visit my contact page to discuss your case and take the first step towards recovery.

Personal injury claims can be complicated and intimidating, especially with the numerous myths surrounding them. These misconceptions often deter individuals from seeking the compensation they deserve. In this blog, we address and debunk the top five myths about personal injury claims, providing clarity and factual information for potential clients in Troutdale, Oregon.

Myth 1: Personal Injury Claims Are Only for Severe Injuries

Description: Many people believe that personal injury claims are only valid if the injury is severe or life-threatening. This myth can discourage individuals with less severe injuries from pursuing a claim.

Fact: Personal injury claims can be filed for any injury caused by someone else’s negligence, regardless of the severity. This includes minor injuries such as sprains, cuts, and bruises, as well as more serious conditions. Even if your injury seems minor, it can still result in medical expenses, lost wages, and other damages that you deserve compensation for.

Myth 2: Filing a Personal Injury Claim Is Too Expensive

Description: Some individuals avoid filing personal injury claims because they believe the legal fees and associated costs are too high.

Fact: Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. There are no upfront fees, and the lawyer’s fee is typically a percentage of the settlement or court award. This arrangement makes legal representation accessible to everyone, regardless of their financial situation.

Myth 3: Personal Injury Claims Always Go to Court

Description: Another common misconception is that all personal injury claims end up in a lengthy and stressful court trial.

Fact: The majority of personal injury claims are settled out of court through negotiations between the parties involved. An experienced personal injury lawyer can often negotiate a fair settlement without the need for a trial. However, if a fair settlement cannot be reached, your lawyer will be prepared to represent you in court.

Myth 4: You Can Handle a Personal Injury Claim Without a Lawyer

Description: Some people believe they can handle their personal injury claim on their own without the need for legal representation.

Fact: While it’s possible to file a claim without a lawyer, it’s not advisable. Personal injury law is complex, and insurance companies often have teams of lawyers to protect their interests. An experienced personal injury lawyer can navigate the legal system, gather evidence, negotiate with insurance companies, and maximize your compensation. Attempting to handle a claim on your own can result in lower compensation or even a denied claim.

Myth 5: Personal Injury Claims Are Quick and Easy

Description: There’s a misconception that personal injury claims are resolved quickly and easily, with compensation arriving shortly after filing the claim.

Fact: Personal injury claims can take time to resolve, especially if the case is complex or the injuries are severe. The process involves investigation, evidence gathering, negotiations, and possibly a court trial. It’s important to be patient and understand that your lawyer is working to ensure you receive the maximum compensation you deserve, which can take time.

Contact Troutdale Injury Lawyer Today

If you’ve been injured in an accident and are considering a personal injury claim, don’t let these myths deter you from seeking the compensation you deserve. Contact me today for a free consultation. I am dedicated to fighting for your rights and providing the clarity and support you need throughout the process. Call me now at 971-727-9226 or visit my contact page to discuss your case and take the first step towards recovery.

Accidents can be life-altering, leading to physical injuries, emotional distress, and financial burdens. If you’ve been injured due to someone else’s negligence in Troutdale, Oregon, understanding your rights and the personal injury claim process is crucial. This guide will provide a comprehensive overview of personal injury law, your rights as an injured party, and the steps involved in filing a claim.

What is Personal Injury Law?

Personal injury law, also known as tort law, is designed to protect individuals who have been harmed by the careless or intentional actions of others. This legal area covers a wide range of incidents, including car accidents, slips and falls, medical malpractice, and workplace injuries. The primary goal of personal injury law is to provide compensation for the injured party to cover medical expenses, lost wages, pain and suffering, and other related costs.

Your Rights as an Injured Party in Troutdale

If you are injured in an accident that wasn’t your fault, you have several rights under Oregon law:

1. Right to Compensation: You have the right to seek compensation for your injuries and any resulting damages. This includes medical expenses, rehabilitation costs, lost income, and pain and suffering.
2. Right to Legal Representation: You have the right to hire an attorney to represent you in your personal injury claim. An experienced personal injury lawyer can help navigate the legal complexities and advocate on your behalf.
3. Right to a Fair Settlement: You are entitled to a fair settlement that adequately compensates you for your injuries and losses. If a settlement cannot be reached, you have the right to take your case to court.
4. Right to a Timely Process: You have the right to expect that your claim will be handled in a timely manner. While some cases may take longer due to their complexity, unnecessary delays should be avoided.

Steps Involved in Filing a Personal Injury Claim

Filing a personal injury claim involves several steps, each crucial to building a strong case. Here’s a step-by-step guide to help you understand the process:

1. Seek Medical Attention: Your health is the top priority. Seek medical attention immediately after the accident, even if you believe your injuries are minor. Medical records will also serve as vital evidence in your claim.
2. Document the Incident: Gather as much information as possible about the accident. Take photos of the scene, your injuries, and any property damage. Collect contact information from witnesses and obtain a copy of any police or accident reports.
3. Notify Your Insurance Company: Report the incident to your insurance company as soon as possible. Provide them with accurate details but avoid making any statements that could be used against you later.
4. Consult a Personal Injury Lawyer: Contact an experienced personal injury lawyer in Troutdale to discuss your case. They will evaluate the details of your claim, advise you on your legal rights, and outline the next steps.
5. Investigation and Evidence Gathering: Your lawyer will conduct a thorough investigation, gathering all necessary evidence to support your claim. This may include medical records, witness statements, expert testimony, and more.
6. Negotiate a Settlement: Your lawyer will negotiate with the insurance company on your behalf to reach a fair settlement. They will use the evidence collected to demonstrate the extent of your injuries and the impact on your life.
7. File a Lawsuit (if necessary): If a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit. This involves drafting and filing a complaint with the court, followed by a discovery process where both parties exchange information.
8. Trial and Verdict: If your case goes to trial, your lawyer will present your case before a judge or jury. They will argue on your behalf, aiming to secure a favorable verdict that awards you the compensation you deserve.

The Importance of Acting Quickly

In Oregon, the statute of limitations for personal injury claims is generally two years from the date of the accident. This means you have a limited time to file your claim. Acting quickly not only ensures you meet legal deadlines but also helps preserve evidence and witness testimonies that could be crucial to your case.

Contact Troutdale Injury Lawyer Today

If you or a loved one has been injured in an accident in Troutdale, Oregon, don’t navigate the complex personal injury claim process alone. Contact me today for a free personal injury consultation. I am committed to fighting for your rights and securing the compensation you deserve. Call me now 971-727-9226 to discuss your case and take the first step towards recovery.

When pursuing a personal injury claim, the strength of your case hinges largely on the quality and quantity of evidence you can present. Evidence is crucial in establishing the facts of the incident, proving liability, and demonstrating the extent of your damages. Here’s an in-depth look at the types of evidence that are vital in personal injury cases, such as witness statements, photographs, videos, and expert testimony.

1. Witness Statements

Description: Witness statements are firsthand accounts from individuals who saw the accident or its aftermath. These statements can provide an objective perspective on how the incident occurred.

Importance: Witness statements can corroborate your version of events and help establish the sequence of events leading to the injury. They can also provide insight into the conditions and circumstances that contributed to the accident.

How to Gather:

• Identify Witnesses: Immediately after the accident, identify and approach any potential witnesses. Ask for their contact information and request a brief statement of what they observed.
• Written Statements: Obtain written statements from witnesses, ideally signed and dated, detailing their observations. Your attorney is probably best situated to accomplish this task.

2. Photographs

Description: Photographs provide visual documentation of the accident scene, injuries, and property damage. They capture details that might be overlooked or forgotten over time.

Importance: Photos can be powerful evidence, providing a clear and indisputable record of the incident and its effects. They can illustrate the severity of the accident and support your claims about how it occurred and the extent of the damages.

How to Gather:

• Scene Photos: Take photos of the accident scene from multiple angles. Include any relevant details such as road conditions, traffic signs, and weather conditions.
• Injury Photos: Photograph your injuries immediately after the accident and throughout your recovery to document their progression.
• Property Damage: Capture images of any property damage, such as vehicle damage in a car accident or broken equipment in a workplace injury. If you file a claim with your insurance company for repairs/replacement, your insurance company will take detailed photos of all damages to your vehicle.

3. Videos

Description: Videos can provide real-time documentation of the accident and its aftermath. They offer a dynamic view that captures motion and context in ways that photographs cannot.

Importance: Video evidence can show the sequence of events leading up to, during, and after the accident. It can help establish fault and demonstrate the impact of the incident on your daily life.

How to Gather:

• Dashcams and Surveillance Cameras: If available, obtain footage from dashcams, surveillance cameras, or other video recording devices that may have captured the accident.
• Personal Recordings: Use your smartphone or other recording devices to capture video evidence at the scene and during your recovery process.

4. Medical Records

Description: Medical records provide a comprehensive account of your injuries, treatments, and prognosis. They include doctor’s notes, diagnostic tests, treatment plans, and hospital bills.

Importance: Medical records are essential for proving the extent and impact of your injuries. They help link the injuries directly to the accident and demonstrate the necessity and cost of medical treatment.

How to Gather:

• Immediate Treatment: Seek medical attention as soon as possible after the accident and follow all recommended treatments.
• Ongoing Documentation: Keep detailed records of all medical visits, treatments, medications, and related expenses. Request copies of all medical reports and bills from your healthcare providers.

5. Expert Testimony

Description: Expert testimony involves statements and opinions from professionals with specialized knowledge relevant to your case, such as medical experts, accident reconstruction specialists, or economists.

Importance: Experts can provide authoritative opinions that help explain complex aspects of your case, such as the long-term impact of your injuries or the technical details of how the accident occurred. Their testimony can strengthen your case by providing credible and convincing evidence.

How to Gather:

• Identify Experts: Work with your personal injury lawyer to identify and retain appropriate experts for your case.
• Expert Reports: Obtain detailed reports and testimony from experts, ensuring they address key issues such as causation, liability, and damages.

6. Police Reports

Description: Police reports are official documents created by law enforcement officers who respond to the scene of the accident. They contain important details about the incident, including witness statements, descriptions of the scene, and officer observations.

Importance: A police report can serve as an impartial account of the accident, providing a trusted source of information. It can also include citations or violations issued to the at-fault party, which can support your claim of negligence.

How to Gather:

• File a Report: Always file a police report after an accident. Request a copy of the report for your records.
• Review for Accuracy: Review the police report to ensure it accurately reflects the incident. If there are errors, work with your lawyer to address them.

Contact Troutdale Injury Lawyer Today

Building a strong personal injury case requires meticulous gathering and presentation of evidence. If you’ve been injured in an accident in Troutdale, Oregon, our experienced personal injury lawyers can help you collect and present the evidence needed to support your claim. Contact us today for a free consultation. Call us now at 971-727-9226 or visit our contact page to discuss your case and take the first step towards securing the compensation you deserve.

Comparative Negligence, which is the law in Oregon, is a legal doctrine that developed across the country in response to the harsh and draconian doctrine of contributory negligence. Under contributory negligence, if you were at all at fault in the cause of an accident, you were denied recovery. This harsh doctrine still abides in 5 jurisdictions in the United States.

Under the doctrine of comparative negligence or comparative fault, so long as you were not more at fault than the other party, you may still collect damages for injuries but your damages will be reduced by the percentage of fault determined by the jury. For example, if a jury determines the fair amount of money damages for your injuries is $100,000, but you were 20% the cause of the accident, you compensation of $100,000 would be reduced to $80,000 ($100,000 minus $20,000).

Unless you were stopped at a stop light or sign and the other party crashed into the rear of your car, comparative fault will factor into your damages. The insurance company will focus on your conduct in the cause of the accident (you weren’t looking where you were stepping, you weren’t wearing appropriate footwear, you weren’t wearing a seatbelt, you ignored warning signs). By no means does it mean you do not recover, but your recovery may be reduced.

That’s why you need an attorney with experience to guide you in the event there is a chance your accident involves comparative negligence.

  Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

Personal Injury Proceeds Generally Not Taxable

If you have been injured in a car crash, slip and fall, assault, dog bite or any other type of personal injury claim, the money paid to you, by either judgment or settlement, is not taxable. This applies to money you receive for medical bills and expenses, lost income and for pain and suffering. Both the federal government and Oregon impose no taxes on money paid due to a personal injury claim.

However, your injury must be physical, such as cuts, bruises, muscle strain or sprain, broken bones, soft tissue injury, sickness or any physical conditions verified by a qualified doctor. A purely emotional distress claim will be taxed.

If there is any doubt about whether your settlement is tax free, it is best to consult with an accountant or tax attorney before you start arguing with the IRS.

If your claim is filed in court and then settled, what is alleged in the complaint could be dispositive on how the IRS treats your settlement money. For example, if you sued for sexual harassment and did not allege any physical injury in your complaint, the money you received would be taxable as income to you.

In drafting a settlement agreement of a complaint that has a mix of taxable and non-taxable claims, your attorney should be able to draft a settlement agreement that allocates the settlement proceeds to those counts or claims that are nontaxable. Usually, the other side will not object.

The nontaxable treatment of personal injury money also applies to structured settlements, where you receive annual payments over a period of years instead of one lump sum.

Whether your injury money is taxable can sometimes affect your decision whether to settle a personal injury claim. Knowing that the amount you receive is fully yours and not taxable adds value to the settlement. It also reduces stress around tax time.

How Injury Settlements Work

Did you know that over 95% of all injury cases settle before trial? Why is that? The judicial system heavily favors the private settlement of civil disputes. It eases the caseload burden on the court system by reducing time consuming and costly litigation.  Evidentiary rules prohibitions against the use of statements made during settlement negotiations as well as offers of settlement from being admitted as evidence in court.

What Happens If My Case Settles?

If your case settles, you will be required to sign a document called a “release.” A release is basically a contract you enter into in which you promise not to pursue you case in exchange (usually) for payment of a sum of money.  After you sign a release and have been paid the settlement money, your case will be ended. If you have a case pending in court, your attorney will take steps to dismiss it. The important thing to know is that when you sign a release in exchange for payment of money to settle your case, you give up the right to make any more claims, known or unknown, against the parties to the release.

When Does A Settlement Happen?

A settlement may occur at any time during the existence of a legal dispute. It can occur up to and beyond a jury verdict. Settlements usually occur when both sides have investigated and uncovered all the facts pertinent to a dispute and, based upon the facts, know the law pertinent to the claims and defenses. The theory is, if both sides to a dispute know all the facts and understand the pertinent law, the parties to the dispute are in a good position to settle because “all cards on the table .”

Why Does A Settlement Make Sense?

Once you know all the facts and the applicable law to your dispute, you are in the best position to settle the case. A settlement is often the optimal outcome to a dispute because you are in control of the ending of the dispute. If you cannot settle your dispute and you go to trial, a jury or judge will decide the outcome. You have then given the power over the outcome to a third party. And you may not like the outcome you get.

Juries are notoriously unpredictable. No matter how good you think your case is, you could lose it if you give it to a jury. This is another reason why 95% of all cases settle. Control over the outcome.

Is My Case Ready To Settle?

There is an old saying: Don’t rush into something you cannot rush out of.

Because of the finality of a settlement, it is important to proceed to settlement with caution. An important consideration before you enter into a settlement is whether your injuries have received maximum medical treatment. If you have fully healed from your injuries, the decision to settle is a safe one. However, often folks rush to settle before they know the full extent of their injuries. Unless you are doctor treating yourself, you are taking a risk to settle your case before you know the full extent of your injuries and all the available treatment options to address your symptoms. An experienced injury lawyer will help guide you to fair and optimal settlement based upon the medical status of your injuries.

Call For Free Evaluation

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

What is “Premises Liability”?

A premises liability claim is simply a claim against the owner of property for injuries that occur on property due to a hazard existing on the property. It could be a slippery floor, ice on a walkway, a defective staircase, a railing that was not up to code. It could be a tripping hazard such as a cable or cord on the floor, or a hole in the ground. The examples are almost endless. Basically, the owner or occupier of the property is liable for hazards on their property that are likely to cause injury to persons lawfully on the property.

The law imposes a duty on property owners to keep their property reasonably safe for persons lawfully on the premises with their express or implied permission.

The reason you were on the property is an important consideration to the nature of the duty owed by the owner in the event of an injury. If you are on the property at the express or implied invitation of the owner, the owner owes you a duty of due care. If the owner stands to profit from your presence on the property, such as a restaurant or store, the owner is charged with a duty to inspect and eliminate potential hazards, or to warn the customer. An example of this may be a caution sign that the floor is wet.

There are many, many case decisions detailing the various considerations that define your legal status on the premises, as well as the duty the owner owes to you based upon your legal status on the property.

Protect Your Injury Claim

If you have been injured on business premises, it is important to notify a manager at the store that you have been injured. Most big stores like Home Depot, for example, have forms for customers to report how the injury occurred and what injuries was caused in the incident.

If your injury was caused by a wet floor, take a picture of it if you can. If your injury was caused by a trip hazard, take a picture of it.

What To Expect

If you have ever been hurt in an accident, you have probably had the experience of getting a call from an insurance adjuster to take your statement. Accident victims in premises claims arising in a commercial establishment are often asked to make a written statement about the incident at the time of the accident before leaving the store. This is common practice in big box stores such as Home Depot, Fred Myer, Kohl’s. etc. Insurance companies know the value of getting statements and collecting evidence to arm themselves with in the likely event of an injury claim. Meeting with an attorney of your choice as soon as possible is important for the same reason. An early investigation into the circumstances of the accident by someone on your side is the best way to ensure the evidence needed to prove your claim is collected and preserved. 

Free Consultation- Know Your Rights

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn. I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

Personal Injury Protection

Personal Injury Protection (PIP) coverage is no-fault insurance coverage for injuries and lost income arising from an automobile accident. Every policy of private car insurance is required to have PIP coverage. PIP insurance covers up to $15000 in medical, dental, hospital, surgical, ambulance and prosthetic services, and 70 per cent of your lost income, if your disability from work due to your injuries lasts at least 14 days. The maximum benefit for lost income is $3000 per month, for 52 months aggregate. It is called “no-fault” because whether or not the accident was your fault, you are still entitled to PIP benefits so long as your injuries arose from the car accident. Fault is not an issue.

If you are injured in a car crash, the insurance policy covering your vehicle, or the policy covering a vehicle of a family member in your household, will provide PIP benefits for your injury treatment and lost income. If you, or no one in your family owned a vehicle and you were injured as a pedestrian, PIP benefits are available after your primary health insurance, or government benefits have been exhausted.

If you were injured in a car crash, you should receive an application for PIP benefits from the liability insurer covering your vehicle. Be sure to fill this out, sign it and send it back to the insurance company as quickly as you can, If you have any questions about the application, feel free to call me (971-727-9226) and I would be happy to answer your questions.

Insurance companies have walled off, separate departments and adjusters who cover liability coverage claims, property loss claims and PIP claims. If you receive PIP benefits, the PIP adjuster is entitled to review all your injury treatment records and bills to ensure that your treatment is related to injuries caused by the accident and the treatment bills are reasonable. If the adjuster becomes concerned that you are over-treating, they may ask you to submit to an Independent Medical Exam (IME). You are required by law to cooperate with reasonable requests for an IME. If you refuse to cooperate without cause, your benefits may be cut off.

If you have been asked to undergo an IME, give me a call. I am happy to help.

Navigating the insurance landscape can be confusing and stressful. Your Troutdale Injury Lawyer can guide you along the way so that you get all the benefits you are entitled to.

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.