Oregon’s Comparative Negligence Rule and Its Impact on Your Personal Injury Claim

You have probably heard many times that you are entitled to compensation if you were injured because of someone else’s negligence. While this is true, personal injury claims are not always so straightforward. If you have been injured in any kind of accident but feel you were partially to blame, you could conclude that you do not have the right to pursue compensation. However, this may not be the case. 

Oregon’s comparative negligence rule recognizes that some accidents happen because of a combination of factors, and liability may be shared between two or more parties. The good news is that these rules mean you could still recover at least partial compensation even if you share some of the blame.

Every personal injury claim is unique. To understand how Oregon law applies in your case, schedule a free case consultation with an experienced Oregon personal injury attorney at Johnston Personal Injury Law Firm. Call us today or contact us online, and we will call you back very soon to explain your legal options.

Understanding Comparative Negligence in Oregon

Each state has its own comparative negligence laws. These statutes set out who is entitled to claim compensation when liability for an accident is shared by more than one party. Some states follow the principle of pure comparative negligence, allowing accident victims to claim compensation if they are up to 99 percent liable. Others follow pure contributory negligence, which prevents accident victims from recovering any damages if they are partially liable.

However, like most states, Oregon follows the legal doctrine of modified comparative negligence, which sits somewhere in the middle. According to Oregon State Law ORS § 31.600, contributory negligence does not prevent you from pursuing damages as long as “the fault attributable to the claimant was not greater than the combined fault” of the other parties.

Simply put, you can recover compensation in Oregon if you were up to 50 percent liable for the accident. However, if your liability were 51 percent or more, you would not be entitled to compensation. It is important to note that your compensation will be reduced by your level of fault.

How Fault Is Determined in Personal Injury Claims

If a personal injury lawyer agrees to take on your case, the first thing he or she must do is build a strong case for liability. 

Building a case involves providing evidence for the four following points:

1. The other party owed you a duty of care
2. The other party breached his or her duty of care through negligent or willful actions
3. The breach of duty was the cause of your accident and injuries
4. The accident has caused you losses, for which you are entitled to compensation

Personal injury lawyers can gather a range of evidence to support these points. This may include photos, eyewitness testimony, police reports, medical records, employment records, and surveillance camera footage. 

If your case is complex or your injuries are severe, your personal injury attorneys may also work with accident reconstruction specialists. They may be especially useful in auto, pedestrian, and workplace accidents. These professionals can create a report identifying how the accident happened and who was responsible.

How the defendant may respond

At the same time, the defendant’s attorneys will be preparing a case to counteract your claims. Both investigations may reveal that you were partially liable. However, you can expect the other party to try to maximize your liability to reduce the amount they have to pay. To avoid paying any compensation, the other party will try to prove that you are more than 50 percent responsible for what happened.

The defendant’s lawyers may try to cite examples of contributory negligence, such as:

• Distracted driving: Texting, talking on the phone, operating the stereo, and conversing with passengers could all be used to demonstrate negligence
• Using a cell phone: In slip-and-fall or workplace accidents, the defendant could argue that cell phone use was a distraction and contributed to the accident
• Rushing: If you were running late, you might have been distracted either by the road or where you were walking, which contributed to your accident

While there may be some truth in these claims, it is the job of your personal injury lawyer to minimize your liability and maximize your compensation. However, this requires a thorough investigation to build a strong case that will stand up in negotiations.

When negotiations fail

If questions of liability are very complex, the parties may find it impossible to agree outside of court. It is the role of the court to decide who is liable and what damages each party is due.

In Oregon, judges and juries work together to resolve civil cases. The judge outlines which laws apply in the case, and the jury determines the facts of the case. 

The court may find that one party is more than 50 percent liable, which means he or she cannot recover damages from the other parties. Alternatively, the court may split liability between multiple parties and award damages accordingly.

What Oregon’s Comparative Negligence Rule Means for Your Case

If you are found to be partially liable for your accident, it will reduce the amount of compensation you receive. The reduction will be according to your percentage of fault.

For example, if the total award for a personal injury claim was $200,000, but you were found to be 30 percent liable, your compensation would be reduced by 30 percent. So, rather than receiving $200,000, you would receive $140,000.

Cautions in comparative negligence cases

If you know you were partially liable for your accident, it is essential to discuss this with your personal injury attorney. If you go to court and it finds you were more than 50 percent liable, you may have to pay the other party’s costs and attorney fees. At worst, if the defendant countersues, you could even have to pay damages.

What a personal injury attorney can do for you

Personal injury lawyers handle comparative negligence cases regularly. They can provide the legal advice you need to decide how to proceed. 

If an attorney believes you have a strong claim and are likely to succeed in recovering compensation, he or she may agree to take on your case. Personal injury attorneys can also advise you on ways to protect yourself from insurance company tactics.

This advice may include:

• Not accepting quick settlement offers: In disputed liability cases, an insurance company may make you feel they are doing you a favor by offering you any money at all. This tactic may pressure you into accepting less than you deserve. Settlement offers are accompanied by a waiver that signs away your rights to pursue further compensation. So never sign until you have consulted a personal injury lawyer.
• Refusing to provide a recorded statement: The insurance company may insist this is a standard procedure and is a chance to state your side of the story. In reality, this could be used to undermine your case. Always politely decline until you have consulted your attorney.
• Avoiding social media: Insurance company investigators may trawl your social media, looking for evidence that you are lying about your personal injury claims. Be cautious about anything you post, or avoid posting until your personal injury claim has been settled.

It is a good idea to seek advice from a personal injury lawyer as soon as possible after your accident. Your attorney can represent you in all communications with your insurance company, protecting your rights and fighting for maximum compensation.

Let Johnston Law Untangle Your Comparative Negligence Case

If you were partially at fault for your accident, do not let an insurance company bully you into believing you do not have a claim. As soon as possible, talk to an experienced and compassionate personal injury lawyer at Johnston Personal Injury Law Firm.

Our attorneys understand that many accidents are complex. Multiple parties may share responsibility, but that does not mean you should not fight for your right to compensation. Even a reduced payout could help you to get your life back on track and put your accident behind you. 

Our attorney will carefully listen as you tell your story. If we agree to take on your case, our team will work diligently to build a strong case and fight aggressively in pursuit of a fair settlement.

Do not wonder whether you are entitled to compensation. Call us today or complete our online form today to discover your legal rights during your free consultation with our legal team.