Commercial Trucking Accident Injury

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How can we help? Getting you your best possible recovery is our top priority.

The physical, emotional, and psychological damage from an accident of any kind, including an Oregon commercial trucking accident injury, can be all-consuming. Let us take care of the law. You take care of the healing.

With Pacific Injury Law Firm, you can expect a lot.

1. Talk to Lawyers

In most firms, it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the lawyer you signed up with. At Pacific Injury, assistants may handle the paperwork and occasional informational calls, but most of the time, you will be working with your actual trial attorney.

2. Streamlined Representation

Our office and injury attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.

3. Honest Assessment of Case

Far too many personal injury "mills" are out to settle your case as fast as possible so they can move on the next. Pacific Injury was founded by lawyers who are used to the courtroom and don't run from it. If getting you top-dollar for your injury means taking the matter to a jury, we will do it. If you are ready for a trial, we won't back down either.

Commercial Trucking Accident Injury?

The best Oregon commercial trucking accident injury attorney for you is the attorney that gets the outcome you want.

Large, Commercial Truck Accidents Change Lives

It only takes one instant of distraction or poor judgment by a professional truck driver for lives to be changed forever. Sleepy, impaired, careless, distracted, or merely negligent commercial drivers are responsible for thousands of motor vehicle-related injuries and deaths, and millions of dollars in medical bills across Oregon every year. For victims and their families, the emotional, physical, and financial consequences can be devastating. Some injuries never heal, and sometimes loved ones never return.

The Oregon motor vehicle accident lawyers at Pacific Injury Law Firm continue to build a reputation on providing aggressive, fair, and comprehensive representation to accident victims who are injured by the negligence of others.

We Do What It Takes

There are no two ways about it: commercial trucking injury lawsuits can be complicated. Accidents involving commercial trucks in many parts of Oregon can be especially devastating because our wide-open spaces create high speeds and highly elevated fatality rates. However, even a seemingly simple motor vehicle accident with very low speeds and non-life-threatening injuries can result in complicated legal battles with the insurance companies and their defense lawyers. You need the best injury lawyer available on your side to get the best possible outcome for your future.

Knowledge and Experience With Commercial Truck Accidents

We have the legal knowledge necessary to negotiate your claim with the insurance companies effectively. We also rely on the latest technologies and case-management to effectively build your case to be compelling. Our goal is the same as yours: to maximize your compensation award. Whether you’ve been injured in a pedestrian accident, car accident, bicycle accident, motorcycle accident, commercial truck accident or other road accident, contact our lawyers today so we can put our expertise to work for you.

Every commercial trucking accident injury case has facts that make it distinct from others, requiring careful evaluation by a skilled commercial trucking accident lawyer to determine what path is best for recovery on your matter. Getting you the best possible result is our top priority. Call us to help start your economic recovery today.

Top-rated attorneys in Oregon for commercial trucking accident injury.

Commercial Trucking Accident Injury
Frequently Asked Questions (FAQ's)

How long do Oregon Commercial Trucking Accident cases take to resolve?

The length of time it will take to conclude and resolve your Oregon Commercial Trucking Accident case is dependent on a number of factors, only some of which are within your control. These include:

  • Your Choice of Attorney: Selection of an experienced lawyer to handle the legal hurdles in your Oregon personal injury case, including insurance company negotiations and potential litigation (should it become necessary), dramatically can change the timeline of your case.
  • Severity of Injuries: The scope of your injuries as well as the medical treatment necessary for you to adequately proceed with an accident claim.
  • Negotiations: In a large number of Oregon Commercial Trucking Accident cases, the insurance company will “lowball” the early settlement offers to an accident victim, often attempting to pressure the victim into taking a lesser amount then the claim is worth. An experienced Oregon Commercial Trucking Accident lawyer will anticipate the “stall and delay” tactics commonly used by insurance to wear down clients. The attorneys at Pacific Injury Law Firm won’t be bullied, stalled, or intimidated by insurance companies.
  • Accident Investigation: Preparation for trial or even negotiations requires knowing exactly what occurred in an accident. A lawyer working on your case may need to use one or several investigators or specialists to reconstruct the facts, depending on the type of accident in which you were involved. Further investigation may be needed to identify all the potentially liable parties or witnesses.
  • Litigation: Sometimes negotiations fail, or an insurance company simply is unwilling to pay what a Commercial Trucking Accident claim should be worth. If a settlement cannot be obtained, your attorney would likely need to file a lawsuit and proceed to trial. In that event, the time of resolution is controlled by issues including the evidence discovery process, mediation, depositions, and further negotiations with the defendant's insurance company.
How much will I have to pay my attorney in a Commercial Trucking Accident case?

All consultations with the lawyers at our firm about your Oregon Commercial Trucking Accident case are free. If we accept your case, unless otherwise agreed, we also take on the expenses associated with recovering on your behalf. You pay nothing, and we don't get paid until we recover on your behalf. At that time, we will pay expenses from the recovered amount. Then our firm is paid a percentage of the recovery at the end of the case that is consistent with rules of professional responsibility and local ethics rules (depending on the specific situation and fee agreement, typically about 33%, or 40% if the matter goes to trial or arbitration). The client takes the rest of the recovered amount. This arrangement is known as a "contingent fee" - we don't get paid unless you do as well.

How much is my Oregon Commercial Trucking Accident case worth?

Valuing any personal injury case requires consideration of many factors, and Commercial Trucking Accident cases are no exception. The first step in valuing a Commercial Trucking Accident accident claim is determining fault. Who is at fault for the accident? Sometimes the answer is not entirely clear. Even though there may be shared fault by the victim (comparative negligence), you still may be entitled to compensation.

Second, the scope, severity, medical expenses, and permanency of the injuries must be evaluated. After an accident, treating doctors will try to make predictions about how long injuries will take to heal and how they will impact your life in the future, but there is no certainty until actual healing takes place. For example, an injury to a joint might heal but result in loss of motion. In other instances, physical therapy will improve healing and you will regain a full range of motion. In still other situations, surgery may be necessary, or a limitation to the range of motion may never fully recover.

The severity and degree of permanency of your injuries, along with any loss of wages, earning capacity, "pain and suffering," and general loss of life enjoyment of life will impact the value of the case. For instance, if you lose the ability to pursue a loved hobby, like a leg injury that prevents cycling, it could also affect the claim’s value.

Finally, the amount of financial recovery from a Commercial Trucking Accident case may be limited by the amount of insurance available by the parties, or the partial responsibility of the victim of the injury.

What Is Oregon Personal Injury Protection (PIP)?

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.

By law, every auto insurance policy sold in Oregon must include personal injury protection (PIP), which is called "no-fault," providing coverage if you’re injured while either operating or maintaining a vehicle. PIP can also provide coverage if you are injured by a vehicle on a bicycle or as a pedestrian. Because it is "no-fault," no matter the at-fault party for an accident, personal injury protection will pay for your injuries. PIP insurance provides coverage for:

  • Medical expenses
  • Lost income and wages
  • Funeral expenses
  • Other expenses arising from your injury

The minimum coverage under Oregon law for PIP coverage is $15,000. However, buyers may always buy a policy with higher limits if desired. PIP policies vary depending on carrier and cost, sometimes having a deductible (which can reduce your premium). However, the maximum deductible allowed in Oregon is $250, so it is unlikely to substantially reduce your premiums.

Do I need a lawyer if my damages from a Commercial Trucking Accident are less than $10,000?

The short answer to this common question is “yes.” You should talk to a lawyer to represent you on these claims because of how insurance companies handle smaller claims. In addition to large claims, insurance companies process a huge number of smaller claims valued at less than $10,000. To do this, they commonly offer injured parties very small amounts of money or no money at all. The insurance companies are betting that small claims will just go away without the injured person seeking legal help.

However, 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 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. Here is an example:

  1. Bill Bicyclist is injured by a motorist and suffers damages less than $10,000. Bill smartly contacts Pacific Injury Law Firm, who serves a written demand for Bill’s damages on the motorist and their insurance company. The demand makes clear that the demand is being made pursuant to ORS 20.080, and provide proof of damages (receipts, bills, etc).
  2. Bill’s Commercial Trucking Accident a lawyer waits for 30 days, during which time the insurance company responds with a letter denying the claim, and offering Bill nothing._
  3. Bill Files a lawsuit against the motorist.
  4. Because the insurance company offered $0 to Bill, if Bill’s skilled an attorneys recover anything at trial, even a single dollar, the motorist and their insurance company must pay the amount awarded by the court or arbitrator, in addition to paying Bill’s an attorney fees and court costs.
  5. In the event the insurance company offers some amount of money in their initial offer, they would have to receive a better result at trial or arbitration to avoid having to pay a lawyer fees.
  6. The Portland, Oregon Commercial Trucking Accident lawyers at Pacific Injury Law Firm are skilled at using the leverage that the Oregon legislature has provided in ORS 20.080 to recover for our clients involved in less-catastrophic injury cases.
What should I do after a Commercial Trucking Accident injury?

Document the Accident

As soon as possible you should document the facts of the accident. Begin a folder to keep all the information together. Be sure you have the information you need about any witnesses. You might want to take photographs of the cars involved, the location of the accident, and your injuries. Draw a diagram of the accident scene with sufficient detail as to locations of landmarks and vehicles to assist your recollection later on.

The insurance company for the driver at fault may want you to give them a statement, either in person or on the phone. We recommend that you not give such a statement, at least without first consulting with an attorney. You do want to talk with your own insurance company, however, so that you can receive any medical payment or personal injury protection benefits that may be available.

Keep An Injury Diary

People either forget or repress many of the problems they suffer after a serious injury. You should begin keeping your diary up-to-date immediately. This information can be invaluable at the time of settlement negotiations or trial. You should record the following information in your diary:

  1. A list of your injuries. Explain your pain and discomfort
  2. Explain how your injuries have affected your job performance. Explain how your injuries have affected your day-to-day activities.
  3. Do you have any trouble getting dressed, driving a car, sleeping?
  4. Have you been unable to ski, dance, garden, golf, or participate in your other hobbies?
  5. Have you missed any family outings, vacations, or church activities?

Recovering From Your Injuries

The most important matter to keep in mind is that you recover fully, or as much as possible, from all your injuries. You should faithfully follow any instructions from your doctor, and be sure to keep any appointments with specialists, physical therapists, etc. In our view, legal issues should be secondary to your full recovery.

Doctor Reports

Please be aware and assume that everything stated and/or observed by your doctor may be taken down in detailed notes. These notes, or a report made from them, are later read by the insurance company when it is time to negotiate the value of your personal injury claim. The value of your claim largely depends on your doctors' reports. If your doctor is not aware of your limitations, pain, etc., he/she will not provide that information in the report. If your doctor feels an injury is exaggerated, it may be put in a report.

Give Complete Information To Your Doctor About Your Commercial Trucking Accident Injury

Remember to tell your doctor about all your pains, discomforts, and limitations. Your doctor will determine whether the complaints are related to the accident. Some problems may seem minor but relate to another injury in another part of your body. Your doctor will need this information in order to properly treat you. Try to be as accurate and objective as possible; under no circumstances should you fabricate or exaggerate any problems. Include the following information:

  1. Complaints of pain immediately after the accident and symptoms developed within the first few days.
  2. Describe how the accident happened and what caused your injuries during impact (connect your injuries with what happened to your body during impact). For example, your head struck the windshield causing head injury.
  3. Symptoms that developed later and what symptoms you are presently having.
    • How long each symptom lasted.
    • Tell your doctor about any job-related activities that affect your injuries and if your job performance is adversely affected. Your doctor then can determine whether your injuries prevent you from performing your job for a certain amount of time or permanently.
  4. If you return to work and find that your injuries are aggravated, return to your doctor. Your doctor may recommend you stop work for a while, or reassure you that working will not interfere or prolong your recovery.
  5. If your doctor recommends that you not work for a while, the insurance company will require something in writing from your doctor indicating the time period that you are to remain off work.

Income Loss Verification

If you lost any income because of your commercial trucking accident, either through employment or odd jobs, those losses must be documented. You may also have wage benefits available under your auto policy, or another auto policy, such as the driver or owner of the car. In addition, if you were employed there might be wage loss benefits available through your employer or union. If you are going to be off work for any length of time, it is important to explore every avenue.

Medical Bills

Be certain to contact all your own insurance carriers immediately regard payment of bills. You may have Personal Injury Protection or Medical Payments coverage available through an auto policy. You might also have health insurance that can help.

Out of Pocket Expenses

Keep receipts from any prescriptions or medications that you have had to purchase from your commercial trucking accident and any other out-of-pocket expenses. Also keep track of mileage to see medical providers, particularly if you are required to travel significant distances to get treatment for your injuries. Some of these expenses may be reimbursable at the time of settlement with the insurance company.

What is Oregon uninsured insurance?

What is Oregon uninsured insurance?

In Oregon, every driver must carry insurance to operate a vehicle, whether a motorcycle, car or commercial truck. Those insurance policies carry different parts some mandatory, some as add-ons. These components include uninsured motorist, underinsured motorist, personal injury protection (“PIP”), liability coverage, comprehensive coverage, collision coverage, and medical payments coverage.

Uninsured Motorist (“UM”) - Oregon Minimum Requirements

In Oregon, every policy carried by a driver is required to carry Uninsured Motorist (or "UM") coverage by Oregon law as part of their policy. By law at ORS 742.502, the minimum amount of coverage under an Oregon UM policy is $25,000. (Note that while the law does not put a specific number on the amount at ORS 742.502, it must be at least the amount of bodily injury coverage, for which the minimum is $25,000). In the event of a car accident, truck accident, or motorcycle accident that causes you injury because of the negligence or other fault of an uninsured driver, this uninsured motorist policy will provide coverage up to the limits of the UM policy terms. In fact, your auto policy for uninsured motorist coverage will even cover you in you are injured as a pedestrian or are in a bicycle accident caused by an uninsured driver. Essentially, uninsured motorist (“UM”) coverage provides insurance coverage when the negligent, at-fault driver fails to follow the law and carry minimum insurance. The best Oregon personal injury attorneys will make sure that you access all sources of coverage, including UM policies.

How does Uninsured Motorist (“UM”) coverage help?

When uninsured motorist policies come in to play after a car crash, bicycle injury, or even pedestrian injury, it functions just like the insurance that the other driver should have carried. You can recover economic damages and non-economic damages just like you would receive from the negligent driver, all the way up to the limits of your uninsured motorist policy. Economic damages are the types of injuries that cost money, including wage loss and medical bills. Noneconomic damages include things like loss of enjoyment of life because of physical pain and suffering, permanent injury, and interference with the ability to go about normal daily routines.

Uninsured motorist (“UM”) insurance is helpful in other circumstances. This includes hit-and-run accidents, where the identity of the other vehicle causing injury is unknown. UM insurance might be available when an accident is caused by an unknown driver, or “phantom vehicle” that is not involved in a physical car crash but is still the cause of the injury. In both of these cases, UM coverage may also be available when a "phantom vehicle" causes an accident, even though no actual contact was made between the vehicles. In the case of a "hit-and-run" or "phantom vehicle," the injured party must report the accident to the police or Motor Vehicles Division within 72 hours after the accident. The injured party then has 30 days to notify their own insurance company of the injury to put them on notice of the uninsured motorist claim. Note that in the event of a “phantom vehicle” claim, insurers are likely to require evidence that supports the claim beyond a mere allegation. Oregon's top injury lawyers will help you properly demonstrate this so coverage is triggered.

Do I have to buy Oregon Uninsured Motorist (“UM”) Coverage?

Note that although by default your uninsured motorist policy will be the same as your liability limits (minimum $25,000 in Oregon), you can choose to purchase less, so long as you maintain the minimum. To do this, you must elect in writing with your insurance company when you create the policy. By way of example, if your liability policy covers $150,000 to other drivers, your UM policy must also be $150,000 unless you elect in writing to lower the limits (with the lower limit still being $25,000). Like everything else in purchasing insurance, this is a risk. While your premiums may be less, a lower UM policy limit may leave you with insufficient coverage if you are involved in an accident with an uninsured driver.

Extra Uninsured Motorist Coverage

Finally, insurance companies offer optional add-on uninsured motorist (“UM”) coverage that provides for damage to your own property (your damaged car, for example). While this coverage is not mandatory under Oregon law, it can help pay for the full spectrum of your damages if injured by an uninsured motorist.

What is Oregon underinsured motorist (“UIM”) coverage?

What is Oregon underinsured motorist (“UIM”) coverage?

Insurance can be confusing because there are many components to any policy. Some are mandatory; some are not. You may have heard the term “underinsured motorist” coverage or “UIM coverage.” Though close in name, it’s different from uninsured motorist coverage, or UM coverage. Underinsured motorist (“UIM”) coverage will exist as part of your policy if your uninsured motorist (“UM”) policy is higher than the minimum amounts covered by Oregon law. In Oregon, the statutory limits are $25,000 per person and $50,000 per accident.

How is it the amount of uninsured motorist (“UIM”) coverage calculated?

With UIM insurance coverage, should it be available, you would get coverage equal to the difference between the policy limits on your UM policy and the policy limits carried by the insurance policy of a negligent driver who caused an injury (the at-fault driver) in a car accident, motorcycle accident, or bicycle accident. Stated differently, you can calculate the amount of UIM benefits you have available by subtracting the amount of the at-fault driver’s liability limits from the amount of UM coverage you have on your policy. For example, if an at-fault driver carries the legal minimum amount of liability insurance of $25,000, and your policy has $75,000 of UM coverage. Your policy would provide you with up to $50,000 in UIM insurance. See ORS 742.504 - Required provisions of uninsured motorist coverage, for the full statutory details.

Make sure you get the uninsured motorist (“UIM”) details right.

Every situation is unique, and calculating Oregon auto insurance can be tricky. Despite the generalities, there are times when the full amount of the at-fault driver’s liability insurance policy does not have to be used entirely before UIM coverage will take effect. Oregon's best personal injury attorneys will help you access the most coverage in these circumstances. This includes obtaining consent from your UIM carrier's before settling with the adverse driver’s liability policy carrier. Simple mistakes like this can result in a waiver and loss of your UIM benefits. To complicate matters further, time limits for making a UIM claim exist, which should be discussed with an experienced Oregon commercial trucking accident lawyer to ensure that you get all coverage from your policy that you paid for.

Pacific Injury Law Firm | Best Oregon Personal Injury Lawyers | Top Oregon Accident Attorneys

Pacific Injury Law Firm represents people across Oregon and the Pacific Northwest in injury-related law. Whether your injury was from a car accident, motorcycle accident, a wrongful death, a bicycle accident, or even a pedestrian injury, our top Oregon personal injury attorneys will help you recover. Speak with a skilled Oregon injury lawyer today about your case for no cost.

https://pacificinjurylawfirm.com

Pacific Injury Law Firm | Top Oregon Personal Injury Lawyers | Best Oregon Accident Attorneys

Pacific Injury Law Firm represents people across Oregon and the Pacific Northwest in injury-related law. Whether your injury was from a car accident, motorcycle accident, a wrongful death, a bicycle accident, or even a pedestrian injury, our top Oregon personal injury attorneys will help you recover. Speak with a skilled Oregon injury lawyer today about your case for no cost.

Pacific Injury Law Firm | Oregon Personal Injury Lawyers

Reporting Oregon Car and Truck Accidents - What are my duties and timelines?

Reporting Your Oregon Car Accident is a Must

Your day has just been upended. You’ve been in a car or truck accident. Your vehicle is damaged, and maybe you are injured. Occupants might be injured. Other drivers may have injuries. Most people have a flood of worries and questions at the time of a car accident. Am I ok? Are others ok? How much will it cost to repair or replace my car? Do I need a personal injury lawyer? How will I pay for this?

Chances are, after a car accident you aren’t thinking about filing paperwork. Still, Oregon law has reporting requirements after a car crash or truck crash that can impact your ability to recover for your injuries and property damage later.

Reporting to the Oregon Department of Transportation

The first is the requirement to report the Oregon car accident to the Department of Motor Vehicles and Department of Transportation. Generally speaking, an accident occurring on a public road resulting in damage to the property of any person in excess of $2,500 is must be reported to the Oregon Department of Transportation. The general that trigger the need to report are: - The cost to repair damage to any motor vehicle is over $2,500, even if your vehicle was the only one damaged; - The car crash results in a vehicle being towed from the scene; - Injury or death is caused by the motor vehicle accident; or - Damage to any person’s property other than the vehicle involved in the accident is more than $2,500. Generally, this car accident report to the DMV must be reported within 72 hours of the accident. A reporting form from the DMV is available here. The failure to report an accident. Failing to report an accident can result in a traffic citation, and can also be used as evidence against you when trying to recover for injuries in the accident.

Reporting the Oregon car or truck accident to law enforcement

In addition to reporting to the Department of Transportation, the same requirements for reporting an accident to the DMV apply to report the accident to law enforcement (damage over $2,500, injury or death, etc.).

Liability for Not Investigating

In addition to the reporting requirements, Oregon law requires drivers to perform specific duties when the driver knows or has reason to believe that the driver has been involved in an accident. Such requirements include, but are not limited to: - Immediately stopping the vehicle at the scene of the collision or as close as safely possible to the scene of the collision and reasonably investigating what the driver’s vehicle struck. - Exchanging (or providing such information to an unattended vehicle): - The driver’s name and address, - The name and address of the owner of the driver’s vehicle - The name and address of any other occupants of the driver’s vehicle; and - If the driver’s vehicle is a motor vehicle, the registration number of the motor vehicle, - The name of the insurance carrier covering the motor vehicle, - The insurance policy number of the insurance policy insuring the motor vehicle - The phone number of the insurance carrier. When a person is convicted for failing to perform duties of a driver when property is damaged failing to perform duties of a driver to injured persons, a violator may be required to pay damages caused by the person as a result of the incident or accident.

Let Our Car Accident Lawyers Report For You

Reporting your accident, although probably low on your priorities after a car accident, is still a fast and necessary part of building a recovery after being injured in a motor vehicle accident. If you need help with this process, the Oregon car and truck accident lawyers at Pacific Injury Law Firm can not only complete the report for you if you (assuming you call quickly enough), but can also help you build your case towards financial recovery. Call or use your online scheduler to set up a free consultation today.

Traits of the Best Oregon Personal Injury Lawyer

Hallmarks of the Best Oregon Personal Injury Lawyer

Anybody who has been injured in an accident likely needs the assistance of a lawyer who practices in injury law. If the accident occurred in Oregon, you’ll no doubt want the best Oregon personal injury attorney you can find working on your side, helping you through the process. But what traits are common in the lawyers that qualify as truly “excellent,” versus those who are just average. After having worked with hundreds of clients and thousands of client consultations, we’ve distilled the most common traits that clients are seeking when they mean they go looking for the best Oregon personal injury attorney for their case.

1. Experience

There’s no substitute for plain old experience when it comes to litigations and client satisfaction. Experience can only occur through the handling of large numbers of cases, working with opposing attorneys, and lots of time in the courtroom. You wouldn’t want a doctor who was about to perform their first surgery on you even if they had read and memorized every book on the subject. Sometimes there’s no substitute for just having done it many times before. The lawyers at Pacific Injury Law Firm have handled hundreds of cases over the years, and been in court countless times. From motion hearings, jury trials, bench (judge only, no jury) trials, and even successfully arguing before the Oregon Court of Appeals and Oregon Supreme Court, our injury attorneys aren’t new to litigation and the fight for clients.

2. Accessible to the Client

This might sound obvious, but anybody who has worked with attorneys for any length of time is certain to have encountered the complaint that “I can never reach them” or they “are way too busy to talk to me.” It’s an unfortunate fact that many personal injury attorneys actively avoid their clients, or even pride themselves as being “too important” or “too busy” to actually meet with their own clients. Clients end up speaking with assistants or paralegals most of the time. This is not the case at Pacific Injury Law Firm. We know that your case is one of the most important things in your life, and we make every effort to make sure we take care of you and show you the respect that you deserve. While we are no doubt busy, the vast majority of the interaction with our firm will be with the lawyer actually handling your case. We believe that we can’t fully get behind you until we work directly with you. We also always remember that we work for the client, not the other way around. When you hire Pacific Injury Law Firm, you become part of our team.

3. Courtroom, Negotiation, Mediation, and Arbitration Skills.

Not every case is settled in the courtroom by a jury. Statistically, most are not, by a huge margin. The ability to negotiate on behalf of your client is every bit as critical - if not more oftentimes - than being an effective courtroom advocate. The truth is, juries are unpredictable and a trial is uncertain even with the strongest cases. When you go into a courtroom, you are handing over the final decision maker to people to whom you have no real insight or background. Because of this, both plaintiffs and defendants are incentivized to negotiate to a known settlement. To do this, the best injury lawyers are skilled at recognizing the weaknesses of their clients’ cases, as well as the strengths that can be leveraged into great settlements. With backgrounds in several areas of law - from criminal to family law to personal injury - our Oregon injury attorneys have experience negotiating and obtaining great results for hundreds if not thousands of clients.

4. Thorough Investigators

Not all Oregon personal injury cases are obvious on the face who is at fault or how an accident occurred. Sometimes seemingly straight forward cases become muddied or confused as to legal causation once discovery starts coming in and we start evaluating the evidence in the case. There might be multiple parties at fault which require investigation, or the cause of a car or truck accident (for example) might require expert witnesses to reconstruct the scened. Medical conditions or injuries almost always require testimony or other evidence by expert medical personnel. The best Oregon injury lawyers need assistance from experts in an array of fields to build their case effectively. To do this, they first need to thoroughly investigate the case themselves and familiarize themselves with the evidence. Then, if necessary, they will need to use other expert investigators to gather more information to put the case together. Building a personal injury case takes time. At Pacific Injury Law Firm, building that successful case starts with a thorough investigation.

5. Organization

Personal injury cases are paper and information-intensive. Between medical records, client and opposing counsel letters, notes, email and text communications, photographs, videos, and the massive amount of other information that becomes part of the file, modern personal injury cases are a virtual firehose of data and potential evidence. Sometimes a key piece of evidence might be a single page of chart notes buried among thousands of pages of medical records? The best personal injury lawyers need to find a way to consistently organize and parse this information, and keep it organized so that it is useable. The lawyers at Pacific Injury Law Firm are fastidious about maintaining organization of client files. In fact, founder Adam J. Brittle, as a former electrical engineer, has a penchant for seeking out new and innovative ways to stay at the forefront of legal technology. To this end, he is constantly leveraging and building new tools to make use of emerging technologies like Amazon’s machine learning tools, AWS pattern matching, and document processing offerings. Our office seeks to stay at the forefront of all law offices, ensuring that every text, email, document, message, legal research, or piece of medical discovery is automatically associated with your file to be put to best use in your case. At Pacific Injury Law Firm, we believe that organization is key to providing you a formidable platform from which to advocate your case.

6. They Listen

Sometimes the goal that a lawyer thinks is the best for a client is not actually what the client themselves wants. Clients sometimes want to settle a case earlier than their attorney would like to. Sometimes a client feels it is necessary to “have their day in court” to be heard by a judge or jury, to tell somebody about how an accident has impacted their lives. The top Oregon personal injury attorneys are the ones that will actually listen to their client’s goal and remember that they work for the client. As lawyers, our job is to try and achieve those outcomes that work best for our clients and their families, not the outcome that is best for our public image or ego. At Pacific Injury Law Firm we treat this duty seriously. We will give you candid advice about your case. If a client has unrealistic expectations, we will try to listen to their goals and explain to them why it might not be feasible. If a client has goals that are realistic but different than our own, our job is to educate about the client's options and then follow their instructions. It goes without saying that this is all done with strict adherence to Oregon’s Rules of Professional Ethics.

7. Compassion and Empathy For the Client

There’s no avoiding it, cases involving injury are hard. Clients come to see us in terrible circumstances. Whether it is a car or truck accident, death from the negligence of another driver, motorcycle accident, or other injuries, our clients come to us when they have been hurt and need help. Recognizing the pain, fear, and even anger that our clients often are experiencing having had their life disrupted - often dramatically - is normal and expected. Compassion and empathy for this circumstance is a trait that often can’t be taught, and is found in all of the very best personal injury attorneys. At Pacific Injury Law Firm, we know that injuries are frustrating, and we feel for your loss. One of the joys of working with injured people is that we know we get to help people who generally have done nothing wrong. Our injury lawyers are respectful and honored to be hired to help individuals in their time of need, and remain cognizant of our duty to help.

Where Our Personal Injury Lawyers Can Help

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What is an Oregon Wrongful Death Lawsuit?

What is Oregon wrongful death?

A "wrongful death” lawsuit primarily occurs when an accident causes the death of another person because of negligence. Under Oregon law, ORS 30.020 defines "wrongful death" as a ”death caused by the wrongful act or omission of another." This usually is because of the reckless, negligent, or intentional act of someone else. Mainly, if it weren’t for the actions of another person, the deceased would still be alive.

When this kind of tragic loss occurs, it is most often the family of the person killed who would file a lawsuit against the negligent party. In an Oregon wrongful death case is typically submitted by a child, a surviving spouse, or a parent of the deceased person. However, a [skilled Oregon wrongful death lawyer] may also be able to find other family members who are qualified to bring wrongful death claims on behalf of the deceased. These might include surviving stepchildren, stepparents, or even grandparents.

Is a wrongful death lawsuit the same or similar to a criminal case?

In a word: no. There are two different sides of US law: criminal and civil. Criminal claims are those brought by the government, whether state, federal, or municipal. Criminal claims are brought by a prosecutor and can result in jail upon conviction of a crime. By comparison, a civil lawsuit is a claim brought by an individual (not a government entity) against another. The result of a civil suit is almost always money.

A [wrongful death claim] is a type of civil lawsuit. The practical result is that the wrongful death lawsuit must be initiated by a member of the surviving family. A criminal claim, if any arises from the case, would be filed by a prosecuting attorney in the jurisdiction where the accident and death occurred. Additionally, liability in a wrongful death case is money damages against the party who caused the death. In contrast, a criminal case might result in a criminal conviction for homicide or other crimes. Those penalties can involve restitution, prison, or other sanctions.

Damages awarded in wrongful death cases in Oregon are dependent on the specifics of each case, but can include each of the following: * Loss of companionship, comfort, care, and loss of parental or other guidance experienced by surviving family members arising from the loss of a family member; * Burial and funeral expenses; * Medical and hospital bill and other expenses arising from the deceased’s injury or resultant illness; * Lost income, wages, and benefits, including the value of total wages or compensation the deceased would have earned, had they survived; and * Damages for the pain the decedent consciously suffered after the accident until death.

Where the case involves intentional acts or extreme negligence by the defendant, punitive damages may also be awarded. Punitive damages are money damages that are meant to punish the defendant for their behavior. They are also generally awarded as a public message indicating that that certain types of egregious wrongdoing will are not socially tolerable and are more severely punishable. Punitive damages can be in addition to criminal convictions and sanctions arising from the same facts.

What are the time limitations to bring an [Oregon wrongful death lawsuit]?

Like all other civil claims, Oregon has a finite amount of time within which to bring a claim, called a "statute of limitations.” This time limit is the window within which an injured party (the survivor) must file a wrongful death case into court. An Oregon wrongful death suit must be initiated with the court within three years of the date of the injury resulting in death.

This means that the date of death is not used for purposes of calculating the statute of limitations under Oregon law. If there is a substantial time lapse between the date of the injury that caused the death and the decedent's passing, it may result in an unexpectedly short time within which to file the wrongful death claim. You should [consult with an experienced wrongful death attorney] as soon as possible to ensure that you don’t miss your opportunity to recover.

Wrongful death cases can occur from all types of accidents. These include: - Oregon Car Crash Injuries that cause death and Oregon Motor Vehicle Crash Death - Oregon Motorcycle Injuries and Motorcycle Crash Deaths - Oregon Bike Crash Deaths - Oregon Trucking Deaths and Oregon Truck Crash Cases - Death to Pedestrians or Pedestrian Death Caused By Negligence

Common Injuries Our Attorneys Handle

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  • Wrongful Death
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  • Soft Tissue and Muscle Injuries
  • Paralysis
  • Emotional Injuries
  • Hip Injuries
  • Joint and Limb Injuries
  • Internal Injuries
  • Head and Brain Injuries
  • Scarring/Disfigurement



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Useful Oregon Statutes For
Commercial Trucking Accident Injury

Statute Of Limitations - Personal Injury


An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit. -ORS 12.110(1)


Read Full Text: ORS 12.110

Attorney Fees For Certain Small Tort Claims


(1) In any action for damages for an injury or wrong to the person or property, or both, of another where the amount pleaded is $10,000 or less, and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action, if the court finds that written demand for the payment of such claim was made on the defendant, and on the defendant’s insurer, if known to the plaintiff, not less than 30 days before the commencement of the action or the filing of a formal complaint...


Read Full Text: ORS 20.080

Limitations On Liability Of State For Injury And Death


(1) The limitations imposed by this section apply to claims that:

(a) Are subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive);

(b) Are made against the state, or against an officer, employee or agent of the state acting within the person’s scope of employment or duties;

(c) Arise out of a single accident or occurrence; and

(d) Are not claims for damage to or destruction of property.


Read Full Text: ORS 30.271

Comparative Fault


(1) Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant. This section is not intended to create or abolish any defense.

[...]


Read Full Text: ORS 31.600(1)

Sharing Of Liability By Defendants


(1) Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint.

[...]


Read Full Text: ORS 31.610(1)

Limitation On Damages When Uninsured Or D.U.I.


(1) Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.710 (Noneconomic damages), in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) at the time the act or omission causing the death or injury occurred. A claim for noneconomic damages shall not be considered by the jury if the jury determines that the limitation on liability established by this section applies to the claim for noneconomic damages.

[...]


Read Full Text: ORS 31.715(1)

Personal Injury Protection - Vehicle Liability Policies


(1) Every motor vehicle liability policy issued for delivery in this state that covers any private passenger motor vehicle shall provide personal injury protection benefits to the person insured thereunder, members of that person’s family residing in the same household, children not related to the insured by blood, marriage or adoption who are residing in the same household as the insured and being reared as the insured’s own, passengers occupying the insured motor vehicle and pedestrians struck by the insured motor vehicle.

[...]


Read Full Text: ORS 742.520

Contents Of Personal Injury Protection Benefits


(1) Personal injury protection benefits required by ORS 742.520 (Personal injury protection benefits for motor vehicle liability policies) consist of the following payments for the injury or death of each person:

(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within two years after the date of the person’s injury, but not more than $15,000 in the aggregate for all such expenses of the person. Expenses of medical, hospital, dental, surgical, ambulance and prosthetic services are presumed to be reasonable and necessary [...]

(b) If the injured person is usually engaged in a remunerative occupation and if disability continues for at least 14 days, 70 percent of the loss of income from work during the period of the injured person’s disability until the date the person is able to return to the person’s usual occupation. [...]

(c) If the injured person is not usually engaged in a remunerative occupation and if disability continues for at least 14 days, the expenses reasonably incurred by the injured person for essential services that were performed by a person who is not related to the injured person or residing in the injured person’s household ...

(d) All reasonable and necessary funeral expenses incurred within one year after the date of the person’s injury, but not more than $5,000.

(e) If the injured person is a parent of a minor child and is required to be hospitalized for a minimum of 24 hours, $25 per day for child care, with payments to begin after the initial 24 hours of hospitalization [...]


Read Full Text: ORS 742.524

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We practice almost exclusively in vehicle-related injuries. Whether your favorite mode of transportation involves four wheels, two wheels, 18 wheels, or even walking, our experienced lawyers will thoroughly evaluate the facts and help you if you or a loved one are injured (even fatally) in an Oregon accident. Additionally, we help ensure public space safety by holding those responsible for injury in public areas accountable. Speak with a skilled Oregon attorney about your case for no cost.
Car Accident Injury Best-rated Oregon injury attorneys for car accident injury
Commercial Trucking Accident Injury Top-rated Oregon injury attorneys for commercial trucking accident injury
Wrongful Death Top Oregon injury attorneys for wrongful death
Personal Injury Top Oregon injury attorneys for personal injury
Bicycle Accident Injury Best-rated Oregon injury lawyers for bicycle accident injury
Pedestrian Accident Injury Best-rated Oregon injury attorneys for pedestrian accident injury
Motorcycle Accident Injury Best Oregon injury lawyers for motorcycle accident injury
Premises Liability Top-rated Oregon injury lawyers for premises liability

Oregon Personal Injury Law Blog

We work hard to stay up to date on the law and developments in Oregon injury law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon injury lawyers encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Do I need a lawyer if my damages from a Commercial Trucking Accident are less than $10,000?

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 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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