Our Representation for Oregon Accident Victims
We are ready to assist with all types of personal injury claims, including:
- Traffic Accidents: Car, truck, and motorcycle collisions are often caused by speeding, failure to yield, drunk drivers, and other carelessness. Pedestrian and bicycle accidents are also covered by auto crash laws, even though the victim was not in a motorized vehicle.
- Slip and Falls: Property owners have a duty to maintain a safe space, so they can be liable for failure to do so. Slips, trips, falls, and other accidents are more likely when hazards are present.
- Defective Products: Manufacturers are accountable when they allow a dangerous, defective product to enter the stream of commerce.
- Nursing Home Abuse and Neglect: Assisted living centers have legal obligations by statute and contract, but they may fail to uphold their duties.
- Medical Malpractice: Health care providers are required to deliver treatment in accordance with certain medical standards. Patients who suffer harm may have a claim under medical malpractice laws.
- Wrongful Death: When an accident is fatal, surviving family members may have legal options. It is possible to recover compensation through a wrongful death claim.
FAQs About Personal Injury Claims
This description of accident claims is useful, but it is helpful to review answers to common questions about these cases.
What damages can I recover?⌄
You can obtain amounts for your economic damages, including medical costs and lost income. It is also possible to recover for noneconomic damages, which are the subjective, personal losses that affect your quality of life. Pain and suffering is an example.
Is there a time limit on my case?⌄
Yes, Oregon has a statute of limitations of two years. If you allow the deadline to expire before you sue in court, you are barred from recovering any compensation.
Are there other limitations in accident cases?⌄
Your own negligent acts could affect your compensation under comparative negligence principles. The amount is reduced by the percentage of fault attributable to you; if you are 51 percent at fault, you cannot recover any compensation for your losses.
Enforcing Your Rights After an Accident
In most personal injury cases, the legal process starts by filing an insurance claim. You might expect to fill out some forms, but there are additional details when dealing with an insurer. These companies are for-profit businesses, and your claim represents a loss. Without sufficient evidence of fault by the policyholder and the extent of your losses, the insurer will likely deny your claim.
In some cases, you may be able to settle your claim by agreement. The key with negotiations is knowing what your claim is worth, because the company will offer a lowball settlement. Your claim could go to mediation to facilitate agreement, and some cases are resolved through the process.
If the insurance company will not pay a fair amount, you will need to sue in court. The litigation process is extremely complicated, from filing the complaint to the trial.
Legal Assistance with Accident Cases
While an overview about personal injury laws is useful, the details have a profound impact on your rights. It is wise to get qualified legal help from a Forest Grove personal injury lawyer to handle all steps of the process. The Johnston Law Firm will support you by:
- Conducting an investigation to prove fault;
- Gathering all evidence regarding negligence and your losses;
- Completing all insurance claims forms and submitting them to the insurer with supporting documents;
- Discussing settlement options with the insurance company;
- Advocating on your behalf during mediation; and,
- Representing you throughout the litigation process.
Our firm will prepare the complaint to initiate the lawsuit, and we will deal with all court hearings, discovery, depositions, and motions. At trial, we will present evidence, testimony, and arguments to obtain the best possible result.
Free Confidential Case Evaluation
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We’re conveniently located in downtown Portland, and we offer flexible hours by appointment.