Personal Injury Cases in Tualatin
Accidents cause serious injuries, such as fractures, head injuries, and nerve damage. Although they are unintentional, Oregon law allows victims to seek compensation when someone’s negligence causes the accident. Negligence is a legal concept which essentially means the failure to use reasonable care. There are many reasons why people are negligent, including fatigue or distraction. Other people are simply careless. Whatever the reason, a negligent defendant might have hurt you in any of the following:
- Motor vehicle wrecks, including car crashes, where a driver fails to operate their vehicle safely and other motorists and pedestrians are hurt;
- Premises liability incidents, where a property owner doesn’t fulfill their duty of care to visitors;
- Slip and falls, where a failure to address trash, loose tiles, snow, or ice leads to injuries;
- Product defects, where dangerous products fail to work as expected due to certain defects;
- Medical malpractice, including a failure to diagnose and other mistakes;
- Wrongful death, which occurs when an accident victim sadly dies due to their injuries.
Common Questions Regarding Personal Injury
Legal issues are confusing to most people. At Johnston Law Firm, we take pride in simplifying the process so anyone can understand their legal rights and responsibilities. Below, we reproduce some of the most common questions we are asked by the public, with our answer below.
What’s the Maximum I Can Receive in a Settlement?⌄
It will depend on your accident and injuries, along with other factors. For example, you can usually receive compensation for medical bills, lost wages, pain and suffering, and property damage. However, each case is different. Someone with huge medical bills will qualify for more compensation than someone who maybe went to the hospital once to have a burn cleaned.
There are some limits on settlements, though. One is whether the defendant has enough money. You might be paralyzed in a car accident, but the driver who hit you might have only the minimum insurance required by Oregon. In that case, you will probably have unmet expenses.
What is Comparative Negligence?⌄
We think of accidents as black and white. One person was negligent, and the other was the victim. But some victims are also negligent. For example, you might have slipped on ice outside a store but been looking at your phone while walking. Since you weren’t careful, you are partially to blame for your fall.
Under Oregon law, your compensation is reduced proportionally by your fault. If you were 33% to blame, you’ll receive a third less in compensation. And if you were more than 50% to blame, you will actually receive nothing.
Are There Deadlines I Have to Meet?⌄
Yes. The statute of limitations provides a maximum amount of time to file a lawsuit. For personal injuries, including medical malpractice, you basically get 2 years. However, if a loved one died in an accident, you have 3 years from the accident to file.
What happens if you go over this deadline? The defendant can request that the judge dismiss the case, and you’ll lose out on the ability to receive compensation.
What Do You Charge for Legal Fees?⌄
We do not charge any upfront fees. Instead, we reach an agreement with our clients: if we win your case, we take a percentage of your settlement. If we lose, then we get nothing. This might sound too good to be true, but it’s how we’ve represented hundreds of clients over the years.
Negotiation with Insurers
Our clients are injured by negligent motorists, property owners, and medical professionals. But the defendant on the other side is usually an insurance company which represents the person who hurt you. These insurers must treat claimants like you fairly, but we are sad to report that many do not.
Instead, many victims are surprised to see their insurance claim rejected. The reasons vary, but many denials are unfair and not supported by the facts. As seasoned Tualatin personal injury lawyers, we can work to convince an insurer to approve a claim or increase the amount they are willing to offer.
Free Confidential Case Evaluation
Contact us today at
to get a FREE, confidential case evaluation
We’re conveniently located in downtown Portland, and we offer flexible hours by appointment.