West Linn Personal Injury Attorney

Representing injured Victims In West Linn and Throughout All Of Oregon

West-Linn is a beautiful place to live, but accidents still happen here. Car crashes, slip and falls, and defective products are just a few of the main ways in which people become injured in the city. Most of the time, accident victims are injured by the careless or reckless action or inaction of another person. You should not have to pay extensive medical bills, lose any income, or endure significant pain and suffering due to the negligence of another person. Unfortunately, these are all losses you will incur during an accident.

A personal injury claim will allow you to recover financial compensation for the above losses and more. These claims, though, are not easy to file and one small mistake could result in a forfeiture of any damages at all. Our West-Linn personal injury lawyer can guide you through the process and make sure your rights are upheld.

Personal Injury Cases We Handle

Millions of people across the country are injured or worse, killed, because of acts of negligence by other people. Many of those accident victims are right here in West-Linn. People become hurt in a number of ways but the most common of these that result in a personal injury claim include:

Car accidents
Truck accidents
Motorcycle accidents
Bicycle accidents
Pedestrian accidents
Premises liability accidents, such as slip and falls
Defective products
Medical malpractice
Wrongful death

West Linn Personal Injury Frequently Asked Questions (FAQS)

Negligence and Comparative Negligence in Personal Injury Cases

The majority of personal injury cases in West-Linn, and throughout Oregon, rely on the legal concept of negligence. Negligence is a failure to act in a manner in which a reasonable person would in the same situation. Companies, property owners, employers, product manufacturers, medical professionals, and government entities are some of the most common negligent parties in personal injury claims.

Determining which party is liable for paying compensation for your injuries always has the potential to become complex. For example, you may have sustained a serious whiplash injury when another driver hit your vehicle from behind. You may think the driver is to blame, but it is then found that the brakes in their vehicle were defective and so did not function properly. In this case, the manufacturer of the brakes or vehicle is the liable party.

In some instances, accident victims are also partly to blame for their own injuries. Many people make the mistake of thinking that if they contributed to the accident during which they sustained injuries, they have lost the right to claim compensation. This is not always necessarily true.

As throughout the rest of Oregon, personal injury claims in West-Linn are governed by comparative negligence. Under this law, you can still claim damages even when you have contributed to an accident. However, to claim damages, it must be found that you are less than 50 percent to blame for the accident. Any damages you are awarded will then be reduced by your same percentage of fault.

For example, another driver may have run a red light as you were traveling through an intersection. You were looking down at your phone at the time and so, did not notice the other driver failing to slow down or stop. The insurance company or a judge may determine that the other driver was 80 percent to blame while you were 20 percent at fault. If you are awarded $100,000 for your injuries, you will only receive 80 percent, meaning you will ultimately receive $80,000 in damages.

The Statute of Limitations in Personal Injury Claims

All personal injury cases are governed by a statute of limitations, or a time limit. This is a very important law in personal injury claims because if you file once the statute of limitations has expired, you will not be able to claim any compensation at all.

Most personal injury cases in West-Linn have a statute of limitations of two years. This means you have two years from the date of the accident to claim compensation. There are some exceptions to this, but they are very limited and only apply when there are extenuating circumstances. There are also instances in which the statute of limitations may be increased or reduced, so it is always important to speak to a West-Linn personal injury lawyer who can advise on your case and make sure it is filed on time.

Personal Injury Settlements vs. Personal Injury Trials

There are many reasons people are hesitant to file personal injury claims. One very common reason is because people are intimidated about the thought of going to court. This is a natural reaction, but there is very little reason to worry.

The vast majority of personal injury cases are settled outside of the courtroom, during negotiations between your lawyer and the liable party, or the insurance company that provides them with coverage. In fact, fewer than five percent of personal injury cases end up going to trial. So, there is a very good chance that you can file your claim and still receive the full and fair settlement you need without ever having to step inside a courtroom.

Still, there are times when liable parties and insurance companies refuse to act fairly and offer a settlement that will fully cover the cost of your injuries. In these instances, there is a slight chance that the case will go to trial. Due to this, it is critical that you work with a West-Linn personal injury lawyer who has extensive experience in negotiating, and at trial. This is the only way to ensure that no matter how your case is resolved, you are working with someone who has the necessary expertise.

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West Linn Personal Injury Lawyer