Skilled Representation with Oregon Accident Claims
Motor Vehicle Crashes: Car, truck, and motorcycle accidents typically occur because of unsafe driving by other motorists, such as:
- 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:
- 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.
Facts You Must Prove in an Accident Claim
The theory of liability in a personal injury case is negligence, so you must establish certain essential elements.
The responsible person or entity owed you a duty to use reasonable care so as to not cause a risk of injuries.⌄
The at-fault party breached this duty through unreasonable, unsafe conduct.⌄
The accident happened as a direct result of the breach of duty, such that it would not have happened had the person used reasonable care.⌄
You suffered physical, financial, and emotional losses as a result of being hurt.⌄
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.
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