Sandy PERSONAL
INJURY LAWYER

Representing injured Victims In Sandy and Throughout All Of Oregon

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Serious and fatal injuries occur much too frequently, and they are usually caused by someone else’s negligent behavior. According to the National Security Council (NSC), more than 55 million people sustain personal injuries annually that could have been avoided, and more than 200,000 people are killed in preventable accidents. Whether you are injured in Sandy or elsewhere in Oregon, it is essential to have an experienced Sandy personal injury lawyer assess your case and discuss your options for moving forward with a claim. You may be able to obtain financial compensation for your losses while holding the negligent party accountable for the significant harm they have caused.

Types of Personal Injury Cases Our Sandy Lawyers Handle

The dedicated Sandy personal injury lawyers at the Johnston Law Firm represent Oregon clients in many kinds of personal injury cases, including but not limited to:

• Motor vehicle and mass transit accident cases, such as car accidents, bicycle and pedestrian accidents, Uber and Lyft collisions, motorcycle crashes, trucking crashes, airplane accidents, bus crashes, and train collisions;
• Workplace injuries, including construction accidents and workers’ compensation cases, as well as work injuries caused by negligent third parties and defective products;
• Medical malpractice or medical negligence, which can range widely to include claims based on physician negligence, pharmacist negligence, hospital negligence, surgical errors, medication errors, diagnostic mistakes, and birth injuries and defects;
• Slips and falls, and other types of premises liability lawsuits based on a property owner’s negligent maintenance of their premises;
• Product defect or product liability cases, including claims involving various types of consumer products such as furniture, children’s toys, medications, motor vehicles, and medical devices;
• Nursing home negligence and elder abuse and neglect cases; and
• Wrongful death claims that can be filed based on nearly any type of personal injury for which another party is responsible and that results in a death.

These types of accidents and scenarios in which another party’s negligence causes an injury can be devastating. Indeed, many kinds of personal injury cases involve serious or catastrophic injuries such as traumatic brain injuries, broken bones, spinal cord injuries, and back and neck injuries that require extensive treatment. Our personal injury lawyers in Sandy have experience handling these cases and we can help you to seek the compensation you need.

Common Elements of Negligence 
Personal Injury Cases in Sandy

Many personal injury lawsuits are based on a theory of negligence. In other words, you will be bringing a claim to show that your injuries were caused by another party’s careless act or omission. Generally speaking, negligence is understood to mean that a party failed to exercise reasonable care, or failed to act as a reasonable person would have under the same circumstances or under similar circumstances. According to the Cornell Legal Information Institute (LII), negligence can be defined as a “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” 

What are the elements of a negligence claim in Sandy? While the particular elements and details will depend on the type of case you are filing, the following are the general elements of a negligence case in Oregon:

• Duty of care: Defendant owed the plaintiff a duty of care;
• Breach: Defendant breached the duty of care;
• Injury: Plaintiff suffered an injury; and
• Causation: Plaintiff’s injury was caused by the defendant’s breach of the duty of care.

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.

Determining Whether to File an Insurance Claim or Personal Injury Lawsuit in Sandy, Oregon

You may be unsure about whether to file an insurance claim or a lawsuit if you or someone you love sustained a personal injury. Often, you do not need to choose between the two and may be able to file both. Often, injury victims or their families will start with an insurance claim. When you file an insurance claim, it is essential to keep in mind that the first offer you receive from the insurance company is not final. Offers are negotiable, and you should never accept a low offer you receive. Furthermore, you should know that an insurer may deny a valid claim, and you can appeal. Our personal injury attorneys in Sandy can help.

Sandy Personal Injury Frequently Asked Questions (FAQS)

At the Johnston Law Firm, we know you have questions about your personal injury case. The following are some common FAQs along with our answers:

Can I dispute a denied insurance claim?⌄

In short, yes. There may be one or more options for appealing a denied claim.

What is the statute of limitations for my personal injury case?⌄

The Oregon personal injury statute of limitations for most cases is two years, and the clock starts ticking on the date of the injury. From the time of your injury, you will have two years to file a lawsuit. After that point, your claim will become time-barred under Oregon law.

Will comparative fault bar me from recovery?⌄

In some personal injury cases, a defendant will raise the issue of comparative fault, arguing that the plaintiff is partially to blame for the accident. Even if the defendant can successfully prove that you were partially to blame, Oregon’s comparative fault law only bars recovery when a plaintiff is 51 percent or more at fault. Otherwise, the plaintiff will recover damages, and the damages award will be diminished by the plaintiff’s percentage of fault.