In Oregon, every policy carried by a driver is required to carry Uninsured Motorist (or "UM") coverageBy law, the minimum amount of coverage under an Oregon UM policy is $25,000. With uninsured motorist coverage, a person can recover economic damages and noneconomic damages just like they would receive from the negligent driver, all the way up to the limits of an uninsured motorist policy.
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Oregon has created a law (ORS 20.080) which is intended to level the playing field for injured parties with smaller claims and to promote these injured parties’ ability to get legal counsel. Generally, the law accomplishes this by awarding attorney fees to a party who successfully uses a lawyer to represent them in recovering their damages (medical costs, property losses, and other expenses including as lost wages). These fees for your Lawyer are awarded if you make a demand for payment under $10,000.00, and the defendant (or their insurance company) declines the offer or offers less than you demand. If you subsequently are awarded more, you are also entitled to attorney fees under the law.
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The length of time it will take to conclude and resolve your Oregon Personal Injury case is dependent on several factors, only some of which are within your control.
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Juries, insurance adjusters, judges, and even lawyers representing motorcycle accident victims sometimes maintain the subtle bias that motorcyclists "deserve" injuries because they forego the safety of a four-wheeled, enclosed vehicle. At Pacific Injury Law Firm, we recognize such biases and refuse to minimize the claims of the motorcycle accident victim. If a motorcycle accident victim is not able to obtain complete and fair compensation, we will take the case to trial.
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Valuing any personal injury case requires consideration of many factors, and Personal Injury cases are no exception. The first determination in valuing an Oregon is determining fault. Who is at fault for the accident? Sometimes the answer is not entirely clear. Even though you may share fault (comparative negligence), you still may be entitled to compensation.
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A "wrongful death” lawsuit primarily occurs when an accident causes the death of another person because of negligence. Under Oregon law, ORS 30.020 defines "wrongful death" as a ”death caused by the wrongful act or omission of another." This usually is because of the reckless, negligent, or intentional act of someone else. Mainly, if it weren’t for the actions of another person, the deceased would still be alive.
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