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Representing injured Victims
About Johnston Law Firm
In Boring and around the greater Portland area, serious accidents and injuries can happen suddenly and without any warning at all. You might be driving your car or shopping in a retail store or visiting a doctor for a routine appointment when a serious accident or error results in a devastating injury. You should know that you may be able to file a claim to seek financial compensation. An experienced Boring personal injury lawyer at the Johnston Law Firm can speak with you today about your case.
Injury Cases We Handle
Personal injury law is a broad area of the law that encompasses many different types of cases, including motor vehicle collision claims, transit accident cases, medical malpractice and birth injuries, workplace accidents, premises liability claims, product liability lawsuits, dog bite cases, and more. The following are types of personal injury lawsuits we have handled in the past, and we can help you with any of the following and more:
- Airplane accidents, bus accidents, train accidents, and other types of transit accidents;
- Auto accidents, including car accidents, bicycle accidents, motorcycle accidents, truck accidents, Uber and Lyft accidents, taxi accidents, drunk driving accidents, distracted driving accidents, and pedestrian collisions;
- Catastrophic injuries, including amputations, burn injuries, traumatic brain injuries, spinal cord injuries, and more;
- Birth injuries, including birth defects, cerebral palsy, Erb’s palsy, skull fractures, forcep injuries, fetal distress, and many other types of injuries during labor and delivery;
- Construction accident injuries and other types of workplace injuries;
- Defective product claims, including defective medical devices, dangerous drugs, car and truck defects, appliance defects, food safety recalls, child product defects, furniture recalls, and more;
- Dog bite injuries;
- Elder abuse, nursing home negligence, assisted living facility negligence, physical abuse, emotional abuse, passive neglect, and other injuries linked to elder abuse and neglect;
- Insurance denials, including claims involving auto insurance, homeowners’ insurance, life insurance, and long-term disability insurance;
- Medical malpractice, including hospital malpractice, anesthesia mistakes, medication errors, surgical mistakes, diagnostic errors, pediatric errors, and ob-gyn errors during pregnancy or labor;
- Premises liability, slips and falls, trips and falls, sexual assault lawsuits, negligent security, swimming pool accidents, and more; and
- Wrongful death lawsuits, which can include injuries associated with any of the above types of personal injury cases and more.
Don’t miss out on these common personal injury mistakes.
Comparative Fault and
Your Boring Personal Injury Case
How can comparative fault affect your case? Comparative fault is a defense strategy for the defendant to argue that the plaintiff’s fault also contributed to the accident, and as such, the defendant should not be responsible for paying damages or should be responsible for paying a lesser amount of damages. Every state has its own comparative fault law. Oregon uses a modified comparative fault model which allows a plaintiff to recover damages as long as they are less than 51 percent at fault. In those cases, the plaintiff’s percentage of fault will merely reduce their damages proportionately. However, when a plaintiff is 51 percent or more at fault, Oregon law bars the plaintiff from recovery.
Personal Injury: Frequently
Asked Questions (FAQS)
Anyone who has been injured in an accident or because of another party’s liability in Boring knows that personal injury cases can be complex. It can be difficult to know what type of claim you are filing, and how much time you have to file your lawsuit.
The answer to this question is dependent upon the specific facts of your case, so you should seek advice from an attorney about how to move forward in your case.
Oregon’s personal injury statute of limitations requires that most plaintiffs file a lawsuit within two years from the date of the injury. After that clock runs out, the plaintiff will have a time-barred claim and will not be able to obtain damages in a personal injury lawsuit. That clock is strict, and you should not expect to be an exception to the rule. You should also know that the timeline for a wrongful death lawsuit is slightly different. In wrongful death cases in Oregon, the statute of limitations is three years, and the clock begins to tick on the date of the deceased’s death (as opposed to the date of the deceased’s initial injury). Sometimes those dates are the same, but often, a person will survive for days or weeks before succumbing to injuries that are ultimately fatal.
Personal injury law and wrongful death law are closely related to one another, but it is important to understand how these cases are also different from one another. To be clear, you will never be choosing between a personal injury lawsuit and a wrongful death claim. Rather, personal injury lawsuits are for the injured person to file. In a personal injury lawsuit, the injured person is the plaintiff in the case and files a lawsuit against the defendant(s) responsible for their injury. In a wrongful death lawsuit, the injured person is not able to file a lawsuit themselves since their injuries were fatal. Instead, the law recognizes the ability for a personal representative of the deceased to step into the deceased’s shoes, so to speak, to file a lawsuit against the party responsible for the fatal injuries. Accordingly, personal injury lawsuits are generally for nonfatal injuries, while wrongful death lawsuits are for fatal injuries.
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– Michelle E.
Mr. Johnston and his firm were incredibly thorough in getting us a fair settlement from our insurance company with little to no pressure. We really appreciated having someone who truly cared about us every step of the way. I would highly recommend the Johnston Law Firm to anyone in need of personal injury representation.
Contact Our Boring Personal Injury Lawyers
Nobody should ever expect to get hurt in a serious accident or as a result of another party’s fault or wrongdoing. Much too often, personal injury victims in Boring and across Oregon do not realize that they have options for seeking financial compensation after an accident caused by another party’s careless or reckless behavior. Whether you were injured in a traffic crash, as a result of medical malpractice, on another party’s premises, while you were at work, or because of a product defect, our firm is here to help you. Do not hesitate to seek advice from a Boring personal injury attorney at our firm today. Contact the Johnston Law Firm to find out more about personal injury claim options in Oregon and how we can assist you with your case.
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If you have been seriously injured at no fault of your own, please contact us using the form.
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