Types of Personal Injury Cases
According to the Centers for Disease Control and Prevention, accidental injuries result in more than 30 million hospital emergency room visits each year, and are the fourth leading cause of death in this country. While the injuries sustained in these accidents may have been largely unintentional, the fact is that there is generally someone or something who is ultimately responsible. In personal injury law, negligence is a legal theory under which a responsible party may be held liable for the injuries and other damages an injured victim suffers. Negligence is defined as doing something or failing to do something a reasonable person would have done under similar circumstances. Negligent actions or inaction form the basis for many types of personal injury cases, including the following:
- Motor vehicle accidents, in which a driver, passenger, or pedestrian is injured as the result of another driver’s reckless behavior;
- Slip and fall accidents, such as injuries sustained as the result of wet floors or uneven sidewalks;
- Premises liability cases, in which a person is injured due to dangerous conditions on another’s property;
- Product liability cases, in which injuries occur as the result of defective or dangerous products;
- Medical malpractice, in which a medical error or mistake results in injuries or damages;
- Wrongful death, in cases where unintentional injuries result in death.
Elements of A Personal Injury Lawsuit
Under Chapter 31 of Oregon Revised Statutes, tort actions are those which seek financial compensation for injuries suffered as the result of someone’s reckless or negligent actions. As a tort action, elements of a personal injury lawsuit include the following:
- Claim for damages
The legal paperwork filed by your attorney with the court on your behalf, naming the parties responsible for your injuries and the types of damages you are seeking.
Negotiations before an impartial party with you, your attorney, and the at fault party during which an attempt will be made to settle or resolve your case.
A financial amount agreed upon by all parties out of court to compensate you for your injuries and resolve your claim.
Under Oregon law, you may be entitled to economic damages, such as medical expenses and lost wages, as well as non-economic damages including mental anguish and pain and suffering.
A verdict handed down by a judge awarding damages for your personal injury claim.
Personal Injury and Insurance Companies
If you have been seriously injured due to the negligence or careless actions of an individual or business, enlist the help of a personal injury attorney right away. Settling with an insurance company may result in you receiving far less compensation than you actually need.
At Johnston Law Firm, P.C., in Portland, Oregon, we pride ourselves in our ability to work hand in hand with insurance companies to resolve coverage disputes and denials for our clients. Our experience with insurance denials is a great benefit to our personal injury clients. We know exactly what the insurance companies are looking at, and we can head off many of their challenges proactively. This helps us build a persuasive claim that pursues full and fair damages for your pain and suffering.
Don’t miss out on these common personal injury mistakes.
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Contact us today at 503-713-6839 to get a FREE, confidential case evaluation. We’re conveniently located in downtown Portland, and we offer flexible hours by appointment.
Johnston Law Firm, P.C. represents clients in all cities and counties in Oregon including: Portland, Gresham, Milwaukie, Lake Oswego, Tigard, Beaverton, Hillsboro, Multnomah, Washington, Clackamas.
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We’re conveniently located in downtown Portland, and we offer flexible hours by appointment.