Oregon Injury Law Blog
Category: Civil Liability
Uninsured 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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Oregon Negligence Laws Explained: Key Insights for Personal Injury Cases
The article explores the history and legal concept of negligence, which is a fundamental part of personal injury law. It traces the origins of negligence law back to England and its development in the United States, including its four basic elements of duty, breach, causation, and damages. The article also explains how negligence is defined under Oregon law and discusses the state's recognition of comparative negligence and negligence per se.
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Why 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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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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Oregon 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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Oregon Dram Shop Liability: What Social Hosts Must Know to Avoid Legal Risks
The blog post discusses an important Oregon court case that addressed the issue of social host liquor liability under the state's Dram Shop statute, ORS 471.565. The case involved a party host who was sued by a guest who was killed when two guests engaged in horseplay with loaded handguns, resulting in one guest being killed.
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Nursing Home Abuse in Oregon: Key Stats and Legal Resources for Victims
Nursing home abuse remains a critical issue in Oregon, with many incidents going unreported. This article sheds light on the statistics surrounding elder abuse and how Pacific Injury Law Firm can help victims seek justice.
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DUIs 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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Empower 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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Oregon Bicycle Accident Claims: Key Laws and Legal Strategies for Cyclists
Understanding Oregon's intricate bicycle laws is crucial for personal injury cases, as they can impact legal outcomes and compensation for cyclists.
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