Oregon Injury Law Blog
Category: Legal Processes
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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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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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 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.
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