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Seaside Personal Injury Lawyer

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About Johnston Law Firm


Representing injured Victims In Seaside and Throughout All Of Oregon

An accident can happen in an instant and when it does, it can change your life forever. Car crashes, slip and falls, and other types of accidents will cause serious injuries that will prevent you from going to work, and enjoying the things you once did. The physical, emotional, and mental losses caused by an accident are many, and you deserve compensation for them.

Personal injury law allows you to file a claim against the negligent, or careless, party so you can obtain monetary damages for all of your losses. Unfortunately, obtaining the compensation you are entitled to after an accident is not easy. Our Seaside personal injury lawyer has the skill and knowledge to help you obtain the full and fair settlement you deserve.

Types of Personal Injury Lawsuits Cases Our Lawyers Handle

Accidents happen in a number of ways. The most common types of accidents that result in personal injury lawsuits include:

  • Car accidents
  • Truck accidents
  • Pedestrian accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Premises liability accidents, including slip and falls
  • Workplace accidents
  • Injuries caused by defective and dangerous products
  • Medical malpractice
  • Wrongful death

Seaside Personal Injury Frequently Asked Questions (FAQS)

Negligence in Personal Injury Cases

The vast majority of personal injury claims rest on the legal concept of negligence. Negligence occurs when someone acts, or fails to act, with a reasonable amount of care to keep other people safe. Determining who the negligent party is after an accident is not always easy, and negligence can lie with more than one party. Negligent parties can include companies, careless drivers, product manufacturers, property owners, medical professionals, employers, and government entities.

To determine who was to blame for your accident, it is important to speak to a Seaside personal injury lawyer as soon as possible after you are hurt. A lawyer will conduct an investigation to determine who is liable for paying the compensation you deserve, and hold them accountable for paying a fair settlement.

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The Four Elements of Proving Negligence

No matter the type of personal injury claim you are filing, you will have to prove another party acted negligently, and that their negligence caused your injuries. Some elements of negligence are easier to prove but others almost always present challenges. A Seaside personal injury lawyer will help you prove the following four elements:

  • Duty: Proving duty in a personal injury claim requires you to show that the liable party owed you a duty of care to keep you safe. Duty is sometimes implied, such as the duty drivers have to keep other motorists safe. Other times, duty is not implied and in these cases, you must establish it.
  • Breach of duty: Once you have established that the liable party owed you a duty of care, you must then show that they breached that duty. This is essentially proving that the other party acted negligently. If an impaired driver crashed into your car and caused serious injury, they have breached their duty because they did not act with the same prudence another reasonable person would have.
  • Causation: A negligent act alone is not enough to file a personal injury claim. For example, if a driver ran a stop sign but did not cause an accident, it is not possible to file a personal injury claim against them. You must prove that the act of negligence caused your accident, essentially establishing the link between the carelessness and the accident.
  • Damages: The whole purpose of filing a personal injury claim is to recover damages for your losses. If you did not sustain any losses, there are no damages to recover and so, you cannot file a personal injury claim.

The Statute of Limitations on Personal Injury Claims

Like all states, Oregon places a time limit known as the statute of limitations on all personal injury claims. This time limit is very important because if you do not file your claim before the statute of limitations expires, you will forfeit any legal right you had to file a claim. A time limit on personal injury claims sounds fairly straightforward but as with most legal matters, it can become complex.

The statute of limitations that governs your case will depend on the type of personal injury claim you file. In most personal injury cases, the statute of limitations is two years from the date of the accident that caused injury. In medical malpractice cases, though, the statute of limitations is two years from the date the injury was sustained, or two years from the date the injury was discovered.

In wrongful death claims, the statute of limitations is three years from the date of the accident that resulted in death. It is important to note that the time limit on these cases does not begin on the date of death but rather, the date of the fatal accident.

Our Personal Injury Lawyer in Seaside Can Advise on Your Claim

If you have been injured by the negligent actions or inactions of another person, our compassionate Seaside personal injury lawyer at Johnston Law Firm can help you claim the full and fair damages you deserve. Call us today at 503-496-7949 or contact us online to schedule a free review of your case.

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