Oregon Injury Law Blog
Tag: Personal Injury
Busting the Bias: Motorcycle Accident Victims Deserve Fair Compensation
Juries, insurance adjusters, judges, and even attorneys representing motorcycle accident victims sometimes maintain the subtle bias that motorcyclists "deserve" injuries because they forego the safety of a four-wheeled, enclosed vehicle. At Pacific Injury Law Firm, we recognize such biases and refuse to minimize the claims of the motorcycle accident victim. If a motorcycle accident victim is not able to obtain complete and fair compensation, we will take the case to trial.
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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 attorney fees to a party who successfully uses a attorney 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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Alarming Rise in Pedestrian Injuries and Fatalities in Oregon
Oregon pedestrian fatalities from drivers are a serious public health issue. According to data from the National Highway Traffic Safety Administration (NHTSA), in 2020, there were 6,378 pedestrian fatalities in the United States, a 5% increase from 2019. These statistics represent the highest pedestrian fatalities in the last 30 years.
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Navigating Oregon's Uninsured Motorist Insurance Laws
In Oregon, every policy carried by a driver is required to carry Uninsured Motorist (or "UM") coverageBy law, the minimum amount of coverage under an Oregon UM policy is $25,000. With uninsured motorist coverage, a person can recover economic damages and noneconomic damages just like they would receive from the negligent driver, all the way up to the limits of an uninsured motorist policy.
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Establishing Fault in Oregon Pedestrian Accident Injury Cases
To prove fault in a pedestrian accident injury case, it is critical to gather evidence such as witness statements, video footage, and police reports. Seeking medical attention right away and documenting injuries can also strengthen the case.
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Understanding Common Injuries from Motorcycle Accidents in Oregon
If you have been involved in a motorcycle accident in Oregon, it is important to contact an experienced Oregon motorcycle injury lawyer who can help you recover the compensation you deserve. The most common injuries suffered by motorcyclists in accidents are head injuries, road rash, broken bones, internal bleeding, and whiplash.
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Understanding the Role of FMCSA in Oregon Commercial Truck Accident Cases
The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating and monitoring commercial trucking safety in the United States. They investigate crashes, create safety regulations, and enforce rules to reduce the number of commercial truck accidents.
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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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Understanding Personal Injury Protection (PIP) in Oregon
Your liability coverage may include Personal Injury Protection ("PIP") or Medical Payments ("Med Pay") benefits. PIP provides a source of payment for YOUR medical bills and some of YOUR wage loss following an auto accident. Further, PIP is no-fault, meaning that it will begin paying on your injuries immediately, rather than waiting for liability to be determined. Similarly, Med Pay provides some coverage for YOUR medical bills. These are called "no-fault" coverages because they pay even if the accident is your fault.
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Navigating Post-Injury Procedures in Oregon
After an accident, your injury attorney should have you do many things to maximize your financial recovery from your injury. From documenting your accident and creating an injury diary, to working with your doctor and documenting your lost wages, there are many pieces to your economic recovery. You should consult with an attorney as soon as possible after your accident to coordinate.
Read MoreRecent Posts
Understanding the Impact of *White v. Jubitz Corp.* on Oregon Personal Injury Claims
collateral source rule
economic damages
full compensation recovery
jury awards
What Georgetown Realty, Inc. v. Home Ins. Co. Means for Personal Injury Clients in Oregon
breach of contract
fiduciary duty
insurance claims
legal advice
Oregon Court of Appeals Upholds Protections for Insurance Policyholders
accidental death benefits
consumer protection
emotional distress damages
good faith
