Fairview PERSONAL
INJURY LAWYER

Representing injured Victims 
In Fairview and Throughout All Of Oregon

Accidents are a common threat in the US, and they can often be so severe that they cause fatalities and serious injuries to victims. Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that up to 201,000 people are killed because of unintentional injuries annually, making accidents the fourth leading cause of death. Plus, 122.7 victims seek treatments at hospital emergency rooms or their doctor’s offices every year. The physical, emotional, and financial losses are extreme, so it is encouraging to know that you have remedies under Oregon personal injury laws.

Because the legal process is complicated, retaining a skilled attorney is critical. Our team at the Johnston Law Firm has the experience and knowledge to pursue all options for recovering compensation, so please contact us today. We can set up a free consultation with a Fairview personal injury lawyer who can provide personalized details. A summary of our services and the legal concepts is also useful.

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Representing Victims in 
All Types of Accident Claims

Our firm is dedicated to supporting victims in a wide array of accident claims, so trust us to assist with:

You can rely on our firm to advise you and assist with the legal process if you were hurt because of:

• Car accidents caused by speeding, running red lights, failure to yield, and other carelessness;
• Truck crashes, which may occur because of improper loading, taking curves too quickly, or operator fatigue for not complying with Hours of Service (HOS) regulations;
• Motorcycle collisions, often the result of inattention by other drivers;
• Pedestrian and bicycle accidents, which are covered by auto crash laws;
• Dangerous, defective products; and,
• Medical malpractice, including surgical errors, misdiagnosis, birth injuries, medication errors, and failure to obtain informed consent.

When these accidents and other incidents are fatal, we can assist with a wrongful death claim. Surviving family members suffer tremendous losses, for which they may qualify for compensation.

Taking Legal
Action After an Accident

The first step of the process in a personal injury claim is filing an insurance claim, since the at-fault party will usually carry liability coverage. You might expect to fill out a few forms, but insurers are in business for profit. They lose money by paying victims, so these companies will try to find reasons to justify denying your claim or offering a lowball amount to settle. The insurer may blame you for the accident or dispute the severity of your injuries.

Some cases will go to mediation as a way to facilitate agreement. The parties sit down with a trained mediator to resolve disputes through productive conversation. If the insurance company refuses to settle for a fair amount through settlement negotiations or mediation, the next step is going to court. You file a complaint to initiate litigation, and the process culminates with a trial on the merits.

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.

Things to Know
About Personal Injury Claims

While this information helps you understand the basics, some additional points are important.

Compensation in an accident case aims to make the victim whole, so damages may include amounts for medical costs, lost wages, pain and suffering, and emotional distress.

Like other US states, Oregon has a statute of limitations. You have two years to sue in court, and you are barred from obtaining any compensation if you miss the deadline. There is an exception for medical malpractice cases, since a victim may not know about the harm right away. You get additional time if you could not have discovered your injuries through reasonable diligence.

Oregon follows the rule of comparative negligence, in which your damages are reduced if you were partly negligent in causing the accident. When your fault is more than 50 percent, you might not recover any damages.

Guidance with
the Legal Process

It is a relief to know that you may qualify for compensation after being hurt in an accident, but you will need help navigating the steps and requirements. You gain an advantage when you have a Fairview personal injury attorney to help with:

• Investigating and collecting evidence;
• Preparing all claims forms and submitting them with supporting paperwork;
• Negotiating settlement with the insurance company; and,
• Representing you during mediation.

If it becomes necessary to sue the at-fault party, the Johnston Law Firm will handle all litigation tasks, including:

• Drafting the complaint and serving the defendant;
• Appearing in court;
• Raising and defending motions;
• Gathering important evidence through discovery;
• Taking depositions and participating in your deposition; and,
• Representing you at trial, including making opening and closing arguments, questioning and cross-examining witnesses, and presenting evidence to support your position.

Elements of an 
Oregon Accident Case

Negligence is the basis of most personal injury claims, and there are certain facts you need to prove to qualify for compensation. The four essential elements of a negligence case are:

There is an additional requirement in a wrongful death claim, and it addresses who has the authority to sue. Under Oregon law, the personal representative has standing to seek damages, and he or she does so on behalf of the surviving family members.