Types of Personal Injury Cases We Handle in Clackamas
- Traffic collisions (car accidents, truck accidents, pedestrian accidents, motorcycle accidents, bus accidents);
- Premises liability (negligent security, sexual assaults on the premises, slips and falls, trips and falls);
- Dog bite cases (including child dog bites and cases involving dogs owned by strangers or friends);
- Product defects (vehicle defects, home product defects, toy defects, dangerous drugs, food contamination and food poisoning);
- Medical malpractice (birth injuries and birth defects, diagnostic injuries, medication errors, surgical errors, and never events); and
- Wrongful death cases (involving a range of personal injuries that result in death).
Personal Injury Claims: Frequently Asked Questions (FAQS)
After sustaining a serious personal injury in Clackamas, our experienced Clackamas personal injury lawyers know that you have many questions and concerns. Consider some of the following frequently asked questions (FAQs) we receive, which we have answered for you here:
What elements do I need to prove to win my case?⌄
It will depend on whether your lawsuit is based on a theory of negligence or strict liability. Most personal injury cases are based on negligence, which require a plaintiff to prove that the defendant owed them a duty of care and breached the duty of care by acting negligently, and that the plaintiff got hurt because of the defendant’s negligence. Strict liability only requires the plaintiff to prove that they got hurt because of a specific condition, such as a product defect or a dog bite.
Should I still file a lawsuit if I might have been partially at fault?⌄
In many circumstances, yes. Oregon is a modified comparative fault state, which means that a plaintiff can still recover damages even if they are partially at fault. To recover, a plaintiff must be less than 51 percent at fault. As long as that is true, the plaintiff will recover, but their damages award will be diminished by their percentage of fault. Once a plaintiff is 51 percent or more at fault, the plaintiff is barred from recovery. An experienced Clackamas personal injury attorney can assess your case to determine your likelihood of recovery before you file a lawsuit.
What damages can I seek?⌄
In most Oregon personal injury cases, a plaintiff will seek compensatory damages, which are intended to compensate the plaintiff for their losses. Compensatory damages include economic damages (for financial losses like medical bills or lost wages) and non-economic damages (for subjective losses such as your pain and suffering). In limited circumstances, you might also be able to seek punitive damages, which are intended to punish a defendant for particularly harmful behavior.
Timeline for Your Clackamas Personal Injury Lawsuit
It is essential to know that you will only have a limited amount of time to file a personal injury lawsuit in Clackamas. Given that your case might start with an insurance claim, it is particularly important to pay attention to the statute of limitations to be sure that you know when you must file your lawsuit in order to be eligible for compensation.
Under Oregon law, personal injury lawsuits have a general two-year statute of limitations. The clock on the statute of limitations will begin to tick on the date of the injury, and from that point, you will have two years to ensure that your lawsuit is filed. There are a couple of exceptions, but you should never rely on an exception to delay filing your case. Those exceptions apply, for example, to minors who are injured or to individuals who have a disabling mental condition and do not understand their rights. If you fail to file your lawsuit before the two-year clock runs out, you will have what is known as a time-barred claim. Once a claim is time-barred, the plaintiff is ineligible to obtain compensation through a civil lawsuit.
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