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When Should I File a Car Accident Lawsuit In Oregon?

If you are injured in a car accident in Oregon, you may be entitled to compensation in an insurance claim. Unfortunately, insurance companies often fail to fully compensate victims for losses they suffer. Depending on the situation, filing a car accident lawsuit may be a better option. Find out more about the types of compensation available in this type of claim.

Recovering Financially From A Car Accident In Oregon

Personal injuries you suffer due to car accidents in Oregon can impact your health for years after. It can take a long time to recover financially as well. According to the National Highway Traffic Safety Administration (NHTSA), even a seemingly minor crash can cause damages totaling $10,000 or more, while a more serious collision can result in millions in losses. 

Insurance policies you and the other driver have in place can help offset expenses, but you can still be left paying out-of-pocket. In some cases, filing a car accident lawsuit can entitle you to additional types of compensation. This may include: 

  • Economic damages: These cover actual costs associated with a car accident in Oregon. It includes compensation for repairs/replacement of your vehicle, current and future medical expenses, lost wages, and future losses in earnings and benefits due to any ongoing disabilities you suffer from. 
  • Non-economic damages: These cover intangible costs victims suffer due to car accidents. You may be entitled to compensation for your pain, suffering, scarring, disfigurement, and lost enjoyment in life in the aftermath of a crash. 
  • Punitive damages: In cases where the other driver was willfully negligent, such as driving under the influence or at high rates of speed, we can push for punitive damages. These are designed to punish the at-fault driver and act as a deterrent to prevent others from engaging in similar behavior. Punitive damages can represent a significant portion of your claim, totaling up to $500,000

When To File A Car Accident Lawsuit

The following are situations when you might want to consider filing a car accident lawsuit rather than an insurance claim: 

  • When the at-fault driver is uninsured;
  • When the amount of coverage they have in place fails to cover your costs;
  • When multiple drivers are responsible in a car accident;
  • When the actions of the at-fault driver were grossly negligent. 

A car accident lawsuit is also an option in cases where you are partially at fault for a crash. Under Oregon Statutes (ORS 31.600), you may still be entitled to compensation provided you were not more than 51 percent to blame.

Request A Consultation With Our Oregon Car Accident Attorneys

To discuss your options in filing a car accident lawsuit, reach out to the Johnston Law Firm P.C. We are dedicated to helping injured victims and their families get the maximum amount they need to recover from their injuries. Call our Portland law office at (503) 546-3167 or contact our Oregon car accident attorneys online to request a consultation today.


Marc Johnston

Lead Attorney at Johnston Law Firm, P.C.

Based in downtown Portland, Marc A. Johnston is the owner and managing attorney of the award-winning, internationally-known personal injury law firm, Johnston Law Firm, P.C. Marc's career has been dedicated to representing the injured and individuals who have been treated unfairly by an insurance company. His focus on trial law creates the backbone of the Johnston Law Firm — a firm that is ready to go the distance in seeking justice for its clients.