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.
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.
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.
It only takes one instant of distraction or poor judgment by another driver for a motorcyclist's life to be changed forever. Sleepy, impaired, careless, distracted, or merely negligent drivers are responsible for thousands of motorcycle-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.
Motorcycle cases present unique challenges because of the public bias against operators of a motorcycle in Oregon. Even the best riders sometimes get injured, through no fault of their own. The general public perception often is that anybody riding must be inherently reckless. The logic, however flawed, is that a rider who is injured "got exactly what he/she deserved." A lawyer must be skilled in identifying and overcoming these biases. It must be proven that the motorcycle operator has been operating their vehicle in a lawful, prudent, and reasonable manner. The lawyer must further communicate that the customer wasn't driving unreasonably just because they are on two wheels. Oregon law provides very same rules of the road and protections as any other driver.
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.
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.
Motorcyclists have an equal right to use the roadway, though many drivers falsely believe that cars and trucks have a greater right to the road. Although this perception is wrong, it still results in car and truck drivers not the road with motorcycles, giving sufficient space, or behaving safely around motorcyclists. This false belief creates dangerous conditions for motorcyclists and often results in negligent and even reckless behavior by drivers of trucks, cars, buses, and other larger vehicles. The problem is further compounded when even motorists with the best of intentions cause motorcycle accidents simply by not seeing smaller motorcycles on the road. All of this amounts to driver negligence, which is the primary cause of most motorcycle accidents in Oregon.
The legal team at Pacific Injury Law Firm will fight for you and make sure that the right parties are held accountable for your motorcycle accident. One of the first things our skilled lawyers will do is investigate the causes of your motorcycle crash by reviewing facts, obtaining police and medical reports, interviewing witnesses, evaluating relevant case law, and working with experts if necessary. We will determine who might be legally responsible for your motorcycle accident, which might include the other motorist, including the motorist’s employer, if the negligent party was on the job at the time of the motorcycle accident. Alternatively, governmental entities might be responsible for poorly-maintained roads, or even the motorcycle manufacturer who made a defective part on the motorcycle. Additionally, our knowledgeable motorcycle accident attorneys can utilize accident reconstruction experts to establish driver fault or determine if there was another cause of your motorcycle crash.
Investigating an Oregon motorcycle crash requires careful analysis of the scene, the road, the equipment, and the evidence of all involved.
Every car accident, truck accident, or motorcycle accident is the result of a unique confluence of driver behavior and road conditions, which result in injury. However, the vast majority of motorcycle crashes handled by the lawyers at Pacific Injury can be reduced to a few common traits of negligent behavior or physical circumstance. Because motorcyclists are smaller and more physically exposed, the following are more likely to result in injury or death in the event a motorcycle accident occurs:
All it takes is an instant of distraction, but the physical, psychological, and financial impact of a motorcycle crash can take years to recover from, if ever. In 2017, the most recent year for which data from the Oregon Department of Transportation has full statistics Oregon had 54 fatalities from motorcycle accidents, which does not include the 834 motorcycle crash injuries that resulted from negligent drivers. Helping the client recover physically and emotionally is a job that the best Oregon motorcycle crash lawyers should take as seriously as helping you recover financially. The motorcycle accident lawyers at Pacific Injury Law Firm believe that top legal representation means encouraging clients to follow their doctors' orders first while building the financial recovery around that healing.
Getting you access to help to address your physical and emotional injuries after a bike accident is a top priority for our Oregon personal injury lawyers.
Valuing any personal injury case requires consideration of many factors, and Motorcycle Accident cases are no exception. The first step in valuing a Motorcycle 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 Motorcycle Accident case may be limited by the amount of insurance available by the parties, or the partial responsibility of the victim of the injury.
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.
When insurance companies know that you will take a claim to trial and not take the first offer thrown your way, they negotiate more reasonably and fairly upfront. A reputation of fighting for fair compensation for our clients in motorcycle accident cases provides an advantage over other "settlement mill" law firms. When we insist on getting just compensation for our clients, insurance carriers know we are serious.
All consultations with the lawyers at our firm about your Oregon Motorcycle 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.
Among the most effective ways to protect yourself is to wear appropriate safety gear. Safety equipment can lower the probability of harm in the event of an accident substantially. In Oregon, a helmet is required equipment. Additionally, consider a jacket designed for motorcycling with integrated skid plates, goggles, a mouthpiece, gloves, knee pads, hip pads, and a helmet when you ride your bike. A helmet that covers your whole face will safeguard you against traumatic brain injury, and goggles or visor can protect your eyes from the elements as you ride and make sure your eyesight is not restricted. Motorcycle riding gloves will stop or minimize lacerations to your palms if you're thrown during a crash. If the motorcycle skids on the roadway, a quality jacket designed for motorcycle riding, typically with bright colors, will safeguard your upper body against injuries in an accident and make you visible to other drivers on the road or street.
Because Oregon law requires motorcycle riders to wear helmets, failure to do so may drastically impact your ability to recover financially in a claim should you sustain injuries during a crash.
The length of time it will take to conclude and resolve your Oregon Motorcycle Accident case is dependent on a number of factors, only some of which are within your control. These include:
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:
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.
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:
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.
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:
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.
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.
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:
If you lost any income because of your motorcycle 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.
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.
Keep receipts from any prescriptions or medications that you have had to purchase from your motorcycle 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.
Injuries in any kind of vehicle crash, including injuries from a Motorcycle Accident, occur because of recurring driver errors. Each year, the Oregon Department of Transportation compiles statistics for the most common reasons for vehicle injuries. As of 2017, according to the most recent data available, the following are the 10 most common driver errors that cause injury:
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.
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 lawyers will make sure that you access all sources of coverage, including UM policies.
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.
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.
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.
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.
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.
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 lawyers 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 motorcycle accident lawyer to ensure that you get all coverage from your policy that you paid for.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Riding a motorcycle can be a lot of fun, but it can also be dangerous. According to the National Highway Traffic Safety Administration (NHTSA), there are nearly 5,000 fatalities each year due to motorcycle accidents. In addition, motorcyclists are 30 times more likely to die in an accident than someone who is driving a car. While many factors can contribute to a motorcycle accident, the most severe damage usually are injuries sustained by the rider.
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.
If you've been injured in an Oregon motorcycle accident or motor vehicle accident, you need a lawyer on your side skilled at helping your recover. Call the experienced injury attorneys at Pacific Injury Law Firm today.
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)
(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...
(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.
(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.
(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.
(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.
(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.
(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 [...]
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 lawyer 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.Read More
Anybody who has been injured in an accident likely needs 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?Read More
All consultations with the lawyers at our firm about your Oregon Motorcycle Accident case are free. If we accept your case, unless otherwise agreed, we also take on the expenses associated with recovering on your behalf.Read More