GLADSTONE PERSONAL INJURY ATTORNEY

Representing injured Victims 
In Gladstone and Throughout All Of Oregon

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Accidents are among the top causes of death and disability in the US, and statistics are proof that there are threats all around you. The US Centers for Disease Control and Prevention (CDC) reports that more than 201,000 people are killed every year because of unintentional injuries, making accidents the fourth leading cause of death. Plus, around 98 million victims seek care at the ER and almost 25 million are treated at physicians’ offices for unintentional harm. While you may realize that Oregon personal injury laws provide you with rights, you may not know how to enforce them.

At the Johnston Law Firm, our team has high-level knowledge of the legal concepts and years of experience representing accident victims. We are prepared to pursue all available remedies to help you get the compensation you deserve, so please contact us to set up a no-cost case review. A Gladstone personal injury lawyer can provide details, and an overview about the laws is also helpful.

Personal Injury 
Cases We Handle

Our firm takes on a wide range of personal injury cases, so we can assist if you were affected by:

• Motor vehicle crashes, including car, truck, and motorcycle collisions;
• Pedestrian and bicycle accidents;
• Medical malpractice cases, such as misdiagnosis, birth injuries, surgical errors, and medication mistakes;
• Nursing home abuse and neglect;
• Worksite and construction accidents, which may fall under workers’ compensation or personal injury laws; and,
• A dangerous, defective product, including medical devices.

In addition, we can assist with wrongful death claims if you lost a loved one because of an accident. Many of the same concepts apply to these cases, so surviving family members may qualify for compensation.

How an Attorney Can Help with Your Claim

Even knowing the essential elements and legal process, it is still wise to get assistance with the detailed tasks involved with accident cases. The Johnston Law Firm will tackle all important tasks, so you can trust a Gladstone personal injury attorney to:

• Conduct an investigation and gather evidence to support your case;
• Review your medical records;
• Prepare all insurance claims forms and submit them to the insurance company;
• Discuss settlement options with the insurer to attempt to resolve your claim by agreement;
• Represent you during mediation; and,
• File the complaint and pursue a lawsuit in court.

During litigation, we will appear in court, handle discovery and depositions, and address motions. An attorney will also be at your side for the trial to present witnesses, evidence, and arguments to ensure a positive outcome.

Legal Criteria
for Oregon Accident Claims

Liability in personal injury cases is based upon the concept of negligence, which has a very specific meaning in the practice of law. You are required to prove four essential elements to recover compensation:

1. You need to show that the at-fault party had a duty to exercise reasonable care, so as to not create a risk of harm to others.
2. You must prove that the other person or entity breached this duty of care.
3. There must be a causal connection between the breach of duty and the accident in which you were injured, such that you would not have been hurt but for the breach.
4. You need to prove that you suffered harm because of being hurt.

To better understand how negligence works, some examples regarding element #2 may help.

• A motorist may be negligent by speeding, running red lights, or drunk driving.
• Physicians cause harm to patients when they deliver care that deviates from what is accepted in the medical field.
• Nursing homes may be liable for failure to keep a clean facility, mistakes with medications, or failing to prevent bedsores.

How the Legal Process Works

With many accident claims, the at-fault party carries liability insurance to cover the losses of injured victims. As such, your first step is filing a claim and requesting payment. Upon receiving your claim, the insurer will conduct an investigation and begin settlement discussions.

The process may seem as easy as filling out some forms, but you may encounter challenges. The insurance company may deny your claim or offer a low amount to settle. Often, an insurer will try to blame the accident on you or contest the severity of your injuries, based upon the results of its investigation. Many cases will be referred to mediation, a process intended to facilitate settlement.

If the insurance company refuses to pay fair damages, you will need to go to court to recover compensation. The proceedings start with filing a complaint, and the final stage is 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.

Facts About Oregon Personal Injury Laws

In addition to the above information, a few points are important for understanding how these cases work.

In a successful personal injury claim, it is possible to recover amounts for medical costs, lost wages, and out-of-pocket expenses to treat your injuries. You may also obtain damages for pain and suffering, emotional distress, and other harm to your quality of life.

Oregon’s statute of limitations is two years, so you must file a lawsuit in court by the deadline. The clock starts to run on the date of the accident. You may have additional time when pursuing a medical malpractice claim, in which the statute dates back to when you were harmed OR when you should have discovered the injury.

There is a law that could affect your compensation if you were partly at fault in causing the accident. Your damages are reduced under the concept of comparative negligence if your actions were also negligent.