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Common Types Of Compensation Available In An Oregon Personal Injury Claim

Personal injuries in Oregon are a leading cause of death and disability. Though often attributed to accidents, negligence on the part of others is typically to blame. In this situation, you have the right to seek compensation for medical bills, lost income, and other losses suffered as a result. 

At the Johnston Law Firm, we provide caring, comprehensive legal service in filing a claim. One of the most commonly asked questions from clients concerns the amount they may be entitled to in a settlement. While each case is different, our Oregon personal injury lawyers explain common types of compensation available, generally referred to as damages.  

Your Rights To Compensation When Personal Injuries In Oregon Happen

Accidents are a major threat to public health and safety. According to the Oregon Health Authority (OHA), there are a leading cause of death and leave tens of thousands of residents suffering serious personal injuries each year. They are typically caused by negligence on the part of others involved. 

Negligence is a legal term that means taking actions that put others in jeopardy of failing to take precautions that could have prevented an accident. Examples of negligence include speeding and other reckless behavior on the part of drivers, property owners who fail to maintain the premises or warn visitors of dangers, and product manufacturers or distributors who fail to disclose defects or pull dangerous items from shelves.  

If you or someone you love suffers personal injuries due to negligence on the part of others, you have the right to seek compensation through a personal injury claim. These are generally two options: 

  • Submit a claim through their insurer: In many cases, the at-fault party may have insurance policies that can help offset your losses. However, when dealing with these companies and their representatives, be aware that it is common practice for them to either deny or downplay claims. 
  • File a personal injury lawsuit: Even if insurers agree to a settlement, the amount of coverage may fail to cover your costs. In these cases, or when a claim is disputed or multiple parties are at fault, the best course of action may be to file a personal injury lawsuit through the local civil court.  

Types of Damages Available In A Personal Injury Lawsuit In Oregon

Compensation in a personal injury lawsuit is referred to as damages, and is meant to cover actual financial costs you incur as a result of an accident, as well as intangible losses caused by your injuries. Under the Oregon Statutes, there are three types of damages available: 

1. Economic damages

This covers any property damages, current medical expenses and lost wages, and future treatment costs as well as losses in income or benefits due to long-term disabilities. 

2. Non-economic damages

This compensates you for the pain, suffering, and mental anguish you experience due to your accident or injuries. It also provides additional amounts for any scarring or disfigurement you suffer, lost enjoyment in life due to being unable to engage in your former hobbies and activities, and lost companionship for other family members. 

3. Punitive damages

While economic and non-economic damages are routinely awarded in personal injury lawsuits in Oregon, punitive damages are less common and available only in limited situations. As the name implies, this is an amount designed to punish the at-fault party for gross negligence, behavior that is either criminal or particularly egregious and intentional. A common example of when punitive damages may apply is in car accidents caused by a driver with a high blood alcohol content (BAC) level. 

Our Oregon Personal Injury Attorneys Help You Get The Maximum Compensation  

If you are involved in an accident and suffer serious personal injuries in Oregon, reach out to the Johnston Law Firm before speaking with insurers. You only have one chance to get the total amount needed to cover both your current and future losses. Once you accept a settlement, you waive your rights to any future compensation. 

As experienced Oregon personal injury attorneys, we provide the caring, comprehensive legal service you need. You can count on us to negotiate with insurers on your behalf to get the total amount you need to prevent out-of-pocket expenses. If your claim is disputed or insurance fails to cover your costs, we can represent you in filing a personal injury lawsuit. To discuss your options and the damages available in your claim, call (503) 546-3167 or contact our office online and request a consultation today. 

About

Marc Johnston

Lead Attorney at Johnston Law Firm, P.C.

Based in downtown Portland, Marc A. Johnston is the owner and managing attorney of the award-winning, internationally-known personal injury law firm, Johnston Law Firm, P.C. Marc's career has been dedicated to representing the injured and individuals who have been treated unfairly by an insurance company. His focus on trial law creates the backbone of the Johnston Law Firm — a firm that is ready to go the distance in seeking justice for its clients.