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Personal Injury Settlements Amidst Divorce: Key Factors to Consider
Divorce and personal injury settlements are two of the most stressful events that a person can go through. When these two events intersect, the situation can become even more complicated. In this blog post, we will discuss what you need to know about personal injury settlements and divorce.
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The Crucial Role of Speed in Pedestrian-Vehicle Accidents
Pedestrian fatalities have been increasing in the US, with speed being a major factor. New York City has launched Vision Zero to reduce traffic-related fatalities and injuries, but nationwide implementation of lower speed limits, increased enforcement and other measures is needed to protect pedestrians from speeding cars. Small reductions can make a big difference in fatal crashes involving pedestrians. Legislation requiring cities to implement such measures is essential for successful long-term solutions.
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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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Res Judicata and Collateral Estoppel in Oregon Personal Injury Cases: Understanding Claim Preclusion
Understanding the doctrines of claim preclusion and issue preclusion is essential in Oregon personal injury cases. These legal principles, formerly known as res judicata and collateral estoppel, prevent the re-litigation of claims or issues already decided by a court. This blog post explores their application, highlighting the Oregon Supreme Court's pivotal rulings and offering practical insights for litigants.
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The Legal Consequences of Negligent Maintenance in Public Stores
Public stores have a legal responsibility to maintain their premises in a safe manner. Neglecting this responsibility can lead to serious consequences, such as being held liable for injuries or damages caused by hazardous conditions. Understanding the legal liabilities of public stores is essential.
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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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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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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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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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Pedestrian Fatalities on the Rise: Key Causes and Solutions Explained
Speed, alcohol and drug use, and distracted driving are major factors that contribute to pedestrian fatalities from drivers. Interventions such as speed cameras, Complete Streets policies, and automated enforcement technologies can help reduce the number of pedestrian fatalities.
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ORS 20.080: The $10,000 Limit That Can Cost You Attorney Fees
fee shifting
operative pleading
oregon statute
personal injury
Res Judicata and Collateral Estoppel in Oregon Personal Injury Cases: Understanding Claim Preclusion
administrative rulings
collateral estoppel
final judgment
issue preclusion
What Georgetown Realty, Inc. v. Home Ins. Co. Means for Personal Injury Clients in Oregon
breach of contract
fiduciary duty
insurance claims
legal advice
White v. Jubitz: Full Recovery of Medical Bills in Personal Injury Cases
collateral source rule
economic damages
full compensation recovery
jury awards
Oregon Court of Appeals Upholds Protections for Insurance Policyholders
accidental death benefits
consumer protection
emotional distress damages
good faith
