PORTLAND PERSONAL
INJURY LAWYER

Representing injured Victims 
In Damascus and Throughout All Of Oregon

Even when you know that the risk of serious accidents is high, you might be shocked at the statistics on death and disability in the US. According to data from the US Centers for Disease Control and Prevention (CDC), almost 123 million people seek treatment at hospital emergency departments or doctor’s offices annually. Up to 201,000 victims suffer fatal injuries, so accidents rank #4 in terms of cause of death in the US. If you were hurt or lost a loved one, it is a relief to know that you have options under Oregon personal injury laws.

However, there are multiple requirements you must meet to succeed with an accident claim. Instead of putting your rights at risk, trust our team at the Johnston Law Firm for help. We have extensive experience and knowledge of the key concepts, so we will tackle all essential tasks. Please contact us to schedule a free consultation  with a Damascus personal injury lawyer, and read on for a summary.

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Skilled Representation 
with Oregon Accident Claims

We will develop a solid legal strategy and handle all essential tasks if you were hurt due to:

Motor Vehicle Crashes: Car, truck, and motorcycle accidents typically occur because of unsafe driving by other motorists, such as:

• Speeding;
• Running red lights and stop signs;
• Drunk driving;
• Failure to yield; and,
• Texting, talking on the phone, surfing the internet, and other forms of distracted driving.

Pedestrian and Bicycle Accidents: Though you may not have been an occupant of a motorized vehicle, the same laws and legal concepts apply. You may seek compensation from a driver who engaged in unsafe driving and caused a pedestrian or bicycle crash.

Medical Malpractice: Health care providers are held to a certain standard of care, and failure to provide proper treatment could lead to:

• Misdiagnosis;
• Medication mistakes;
• Birth injuries; and,
• Surgical errors.

Defective Products: Manufacturers and other companies in the chain of distribution can be held accountable under product liability laws if their defective items cause harm to consumers.Accidents on Property: When property owners fail to keep their spaces in reasonably safe condition, customers and visitors can be seriously hurt. Slip and falls, dog bites, swimming pool drownings, and many other accidents fall under the umbrella of premises liability.

Steps in the
Legal Process

In personal injury claims, the negligent party carries liability insurance that covers victims’ losses when the insured causes an accident. This means your first step is filing a claim with the insurer and requesting payment for your losses. You will need to fill out proper forms and include all evidence regarding the four elements described above. In some situations, the insurance company might approve your claim, but you will usually enter into settlement discussions.

Many claims settle through negotiations, and there is another step in the process that might get you closer to agreement. Mediation is an informal proceeding overseen by a trained professional who has special skills to facilitate conversations toward settlement. It is not binding, so you can still move forward if dissatisfied with the outcome. Litigation is the next stage for enforcing your rights, so you will need to sue in court to seek appropriate monetary damages.

Don’t miss out on these common personal injury mistakes.

Get the legal counsel you need to guide you through the process of filing an injury claim.

What Accident
Victims Need to Know

While the explanation above is helpful, there are additional facts that will help you understand your rights.

Compensation in a personal injury claim is intended to make the victim whole after suffering injuries and associated losses. You may be entitled to recover amounts for medical costs and lost income, as well as damages for pain and suffering, emotional distress, and decreased quality of life.

Oregon has a statute of limitations, like all other US states. You have two years to file a lawsuit, and the clock starts ticking on the date of the accident. For medical malpractice cases, the statute of limitations may start later when the injury was not discovered right away through reasonable diligence.

There is a law in Oregon termed comparative negligence, which highlights your conduct in the accident. If you are partly to blame, your compensation will be reduced by your amount of fault. When a victim is more than 50 percent at fault, he or she cannot recover any damages.

How a Lawyer
Supports Your Needs

Working with skilled legal counsel is critical if you were injured in an accident, as there are numerous tasks and requirements to meet. A Damascus personal injury attorney at the Johnston Law Firm will handle:

• Conducting an investigation and gathering proof of fault;
• Reviewing your medical records;
• Preparing all insurance claim forms and forwarding them with solid supporting evidence;
• Engaging in settlement negotiations in an attempt to reach an agreement on your claim;
• Representing you during mediation; and,
• Drafting the complaint to start the lawsuit.

You can rely on us to diligently represent you throughout litigation, including all tasks related to court appearances, motion hearings, discovery, depositions, and your trial.

Personal Injury: Frequently
Asked Questions (FAQS)

The theory of liability in a personal injury case is negligence, so you must establish certain essential elements.