Representing Victims in All Types of Accident Claims
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.
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:
Duty: You need to show that the responsible person or entity had a duty to exercise reasonable care, such as when driving, operating a business, managing property, or treating patients.⌄
Breach: You must prove that the at-fault party breached the legal duty of care through unsafe misconduct.⌄
Causation: There must be a causal link between the breach of duty and the accident in which you were injured.⌄
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.
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.
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We’re conveniently located in downtown Portland, and we offer flexible hours by appointment.