Oregon Injury Law Blog
Category: Civil Liability
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ORS 20.080: The $10,000 Limit That Can Cost You Attorney Fees
When handling small tort claims in Oregon, ORS 20.080 is a powerful tool that enables plaintiffs to recover attorney fees—but only if the claim is managed correctly. One of the most common and costly mistakes lawyers make is pleading for more than $10,000 in damages after making a settlement demand under the statute. This mistake can entirely forfeit your right to attorney fees.
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fee shifting operative pleading oregon statute personal injury pleading limit procedural steps property damage reasonable attorney fees settlement strategy tort actions written demandWhy Hiring an Attorney for Small-Claim Damages in Oregon is Crucial
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 lawyer 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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alternative dispute resolution attorney fees bicycle accidents car accidents commercial trucking accidents damages economic damages faq insurance insurance companies lost wages medical costs medical expenses personal injury property losses settlement slip and fall smaller claims trial valuationDecoding Accident Liability: Essential Negligence Insights for Drivers
Every contested auto accident involves two major issues - "liability" and "damages." Liability simply means that the other party must be legally liable before he or she has any obligation to pay compensation for injuries.
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breach of duty car accidents causation common law negligence comparative negligence contributory negligence damages duty duty of care fault laws hit-and-run juries liability motor vehicle accidents negligence no-fault pure comparative negligence safety statutory negligenceNavigating DUII Cases in Oregon: a Victim's Legal Guide
Oregon law gives people injured by drunk drivers multiple avenues for justice. This guide explains the statutes, cases, and procedures that shape civil claims after DUII crashes.
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civil claims comparative fault economic damages evidence collection insurance coverage json keywords alcohol impaired driving legal framework noneconomic damages oregon dui laws personal injury protection punitive damages third party liabilityEmpower Your Healing: Oregon's Childhood Sexual Abuse Legal Options
Learn about your legal rights as a victim of childhood sexual abuse in Oregon, including important statutes and how Pacific Injury Law Firm can help you.
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abuse claims emotional impact emotional toll json keywords childhood sexual abuse legal counsel legal protections personal injury attorney recovery support seek justice statute of limitations victim empowerment victim rightsOregon Motorcycle Accidents: Overcoming Legal Bias and Complexities
Motorcycle accidents in Oregon are often caused by "lookout" issues, where drivers fail to notice motorcycles on the road. These accidents can result in severe injuries for motorcyclists, who also face biases from drivers and construction crews. Legal challenges can arise in the aftermath of an accident, such as disputes over insurance coverage and questions of liability. Passengers involved in accidents should not be overlooked. An experienced attorney can help navigate these complexities and secure fair compensation for those injured in motorcycle accidents.
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drivers fair compensation insurance coverage larger vehicles legal issues liability lookout circumstances motorcycle accidents oregon product defects road presence smaller size traffic lawsProtect Your Loved Ones: Identifying and Addressing Nursing Home Abuse in Oregon
Explore the troubling realities of nursing home abuse, its signs, and the legal options available to protect your loved ones in Oregon.
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compensation elderly rights emotional abuse financial abuse json keywords nursing home abuse legal counsel legal options liability neglect physical abuse signs of abuseUninsured Driving in Oregon: Navigating Personal Injury Case Recovery Restrictions
The article discusses the legal limitations on recovering damages in personal injury cases in Oregon if the plaintiff was driving uninsured at the time of the accident. The article cites ORS 31.715, which limits the recovery of noneconomic damages in a personal injury lawsuit if the plaintiff was in violation of ORS 806.010 (driving uninsured) at the time of the accident. The article explains the limitations on liability established by this law and provides exceptions to the limitation. The article notes that an experienced personal injury law firm can help plaintiffs navigate these legal limitations and maximize their recovery in a personal injury lawsuit.
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abatement of civil action accident civil action conclusive presumption of violation convicted in criminal proceeding driving emotional distress financial hardship illegal injured legal limitations motor vehicle operation noneconomic damages personal injury lawsuit plaintiffs preponderance of the evidence recover damages risk uninsuredWho Can Be Held Liable in Oregon Nursing Home Abuse Cases?
Learn about the various parties responsible for nursing home abuse and how to seek justice for your loved ones in Oregon.
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compensation family members financial elder abuse json keywords nursing home abuse legal responsibility liability neglect nursing home owner resident protection staff members visiting doctorDUIs and Personal Injury Lawsuits: Unraveling the Legal Complexities
Our latest blog post delves into the intricate legal complexities surrounding DUIs and personal injury lawsuits in Oregon. We explore how a drunk driving accident can lead to potential civil liability for the intoxicated driver and the various factors that come into play when pursuing a personal injury claim. From understanding Oregon's dram shop laws to navigating insurance coverage issues, we shed light on the legal landscape that victims of DUI-related accidents may face.
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