Oregon Injury Law Blog
Category: Civil Justice System
Understanding Alternative Dispute Resolution: Arbitration vs Mediation
Alternative Dispute Resolution ("ADR") is becoming an increasingly important option in many jurisdictions. ADR refers to efforts to find methods that are outside the court system to resolve civil disputes. These methods may be advantageous to the courts and to the parties involved since they may resolve a dispute in a faster, more cost-effective manner and reduce or eliminate the need for participation by the court system.
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Oregon Court of Appeals Upholds Protections for Insurance Policyholders
In a landmark 2022 decision, the Oregon Court of Appeals bolstered policyholder protections in *Moody v. Oregon Community Credit Union*, affirming that insurance companies must act in good faith and comply with statutory standards. This ruling makes clear that insurers can be held accountable for emotional distress damages when they fail to properly investigate or settle claims, marking a significant advancement in personal injury law and consumer rights in Oregon.
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Understanding Wrongful Death Lawsuits in Oregon
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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Cracking Down on Drunk Drivers Causing Injury: Oregon's Legal Approach
Oregon has made significant strides in increasing legal action against drunk drivers causing injury, with recent legislation doubling jail time for offenders and allowing prosecutors to charge DUI offenses as felonies. Pacific Injury Law Firm supports these efforts and offers assistance to victims seeking compensation for medical expenses, lost wages, and pain and suffering damages.
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The Shifting Legal Scene on Oregon’s Noneconomic Damages Cap
In the landmark case of Scott Raymond Busch v. McInnis Waste Systems, Inc., the Oregon Supreme Court ruled that the $500,000 cap on noneconomic damages in personal injury cases was unconstitutional. This decision significantly affects individuals seeking fair compensation for pain, suffering, and life-altering injuries.
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What Georgetown Realty, Inc. v. Home Ins. Co. Means for Personal Injury Clients in Oregon
The 1992 Oregon Supreme Court decision in Georgetown Realty, Inc. v. Home Ins. Co. revolutionized the way liability insurers are held accountable, significantly bolstering protections for personal injury clients in Oregon. This landmark ruling affirmed that insurers must act with a fiduciary duty of care toward policyholders, providing a clearer path for pursuing tort claims against inadequate or negligent defense efforts by insurers. For individuals navigating personal injury claims, this case underscores the importance of understanding your rights and the heightened responsibilities of your insurer, ensuring stronger legal standing to seek redress for mishandled defenses or unmet settlement obligations.
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Understanding Oregon's Wrongful Death Lawsuits: A Comprehensive Guide
Coping with the loss of a loved one after an accident can be a long, traumatic process. In addition to the emotional loss of the person, there are often ballooning, unexpected costs that appear after the initial event. Medical bills, emergency responder costs, and the costs of funerals add heartache at the most inopportune time. Speaking with an Oregon wrongful death lawyer at Pacific Injury Law Firm can help you understand what your rights to recovery are, and what the timelines to recover may entail.
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Deciphering the Three Levels of Proof Standards in Oregon Legal Cases
This text explains the different standards of proof in Oregon law. The lowest standard is "preponderance of the evidence" which is used in most civil cases. The middle standard is "clear and convincing evidence" which requires more evidence than the previous one and is often used in cases involving serious consequences. The highest standard is "beyond a reasonable doubt" which is used in criminal cases and requires the prosecution to prove its case to such a degree that there can be no reasonable doubt in the mind of a rational person.
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