Oregon Injury Law Blog
Category: Legal Processes
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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Mastering Depositions: Essential Insights for Non-Lawyers in Litigation
A deposition is an oral testimony taken under oath before a trial or arbitration. It is customary that depositions be taken of the parties to a lawsuit. Often depositions are also taken of witnesses and others who might testify at trial. Even though it often takes place in a conference room or office, and the setting is somewhat informal, it is a very important event in any lawsuit.
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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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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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Oregon Letters of Protection: Essential Guide for Personal Injury Cases
During the time of treatment, insurance may or may not be paying the bills, but medical providers still need to get paid. To protect their interests, these medical providers may request a “Letter of Protection” from the personal injury lawyer to ensure that their bills get paid at the time of settlement.
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How is the Value of a Personal Injury Claim Calculated in Oregon?
Explore how personal injury claims are valued in Oregon, covering economic and non-economic damages, the impact of comparative negligence, and damage caps. Essential reading for understanding personal injury law nuances.
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Arbitration vs. Mediation: Choosing the Right Path for Dispute Resolution
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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How to Accurately Value Your Personal Injury Case in Oregon
Valuing any personal injury case requires consideration of many factors, and xxSERVICEAREAxx 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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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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Oregon Personal Injury Case Timelines: Factors That Impact Your Claim
The length of time it will take to conclude and resolve your Oregon xxSERVICEAREAxx case is dependent on several factors, only some of which are within your control.
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