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 xxattylawyerxx fees to a party who successfully uses a xxattylawyerxx to represent them in recovering their damages (medical costs, property losses, and other expenses including as lost wages). These fees for your xxATTYLAWYERxx 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.
Read MoreThis 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.
Read MoreOregon wrongful death claims often arise from motor vehicle accidents, medical malpractice, and workplace incidents. Understanding Oregon law is crucial for pursuing compensation in these tragic cases.
Read MoreThe 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.
Read MorePacific Injury Law Firm explores the complexities surrounding the concept of permanent injury in personal injury law as unpacked by the Oregon Court of Appeals in Elan v. Tate. This case is a cautionary tale for legal practitioners and individuals involved in personal injury disputes and why substantial evidence is necessary to establish a claim of permanent injury.
Read MoreExplore 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.
Read MoreValuing 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.
Read MoreDuring 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 xxattylawyerxx to ensure that their bills get paid at the time of settlement.
Read MoreThe 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.
Read MoreThe 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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