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OREGON
BY APPOINTMENT ONLY
1050 SW 6th Ave,
Suite 1100
Portland, OR 97204

Accidents are a daily occurrence, but when they result from someone else’s negligence, can we truly call them accidents? Suffering injuries due to another’s oversight doesn’t negate their responsibility to redress your losses. If you’ve been injured because of someone else’s carelessness, you might be eligible for financial restitution.

At Craig Swapp & Associates, our dedication lies in championing the rights of injury victims and accident survivors throughout Oregon, ensuring they secure the compensation they rightfully deserve. Your personal injury attorney in Portland will diligently construct a robust case to hold the accountable party responsible.

When to Call a Personal Injury Lawyer in Portland

Personal injury law in Oregon covers many types of accidents, like car crashes, slip-and-falls, and dog bites. It’s important to know your rights and options if you’re affected by these incidents. Whether you’re injured on busy streets or quiet construction sites, understanding the law can help you seek compensation. This guide is here to help victims and their families understand their legal rights and how to get the compensation they deserve.

Car Accident

In Oregon, a car accident refers to a collision involving one or more vehicles, often resulting from negligence, such as speeding, distracted driving, or driving under the influence. Oregon operates under a “fault” system, meaning the person responsible for causing the accident is liable for damages. Victims can seek compensation through the at-fault driver’s insurance, file a claim with their own insurance, or pursue a personal injury lawsuit.

Oregon law requires drivers to carry minimum amounts of liability insurance to cover bodily injury and property damage. The statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. It’s crucial for victims to document evidence and seek legal counsel to navigate the complexities of their claim effectively.

Motorcycle Accident

Motorcycle accidents in Oregon are often severe, given the exposed nature of motorcyclists. These accidents can be caused by various factors, including driver negligence, hazardous road conditions, or mechanical failures. Oregon’s fault-based insurance system applies to motorcycle accidents as well, allowing injured motorcyclists to seek compensation from at-fault parties.

Motorcyclists are required to wear helmets, and failure to do so can impact the compensation received. The statute of limitations for motorcycle accident claims is two years. Legal representation is highly advised to address challenges such as bias against motorcyclists and accurately assessing damages.

Truck Accident

Truck accidents in Oregon involve commercial vehicles like semi-trucks and can result in catastrophic injuries due to the trucks’ size and weight. Liability can be complex, involving the truck driver, trucking company, or even parts manufacturers. Oregon adheres to the fault-based system for these accidents, and victims can pursue compensation for their injuries and losses.

The state imposes strict regulations on commercial trucking, including hours of service and maintenance standards. The statute of limitations for filing a lawsuit is generally two years from the accident date. Given the complexities of trucking laws and potential multiple parties’ involvement, legal expertise is crucial for victims.

Personal Injury

Personal injury law in Oregon covers injuries caused by another’s negligence or intentional acts. This can include a wide range of incidents from car accidents to slip-and-fall cases. Victims can seek compensation for medical expenses, lost wages, pain and suffering, and more.

Oregon’s comparative negligence rule may reduce compensation if the victim is found partly at fault. The statute of limitations for most personal injury cases is two years. Working with a knowledgeable attorney is essential to navigate the legal system and ensure fair compensation.

Construction Accident

Construction accidents in Oregon encompass injuries sustained on construction sites, often involving workers but sometimes affecting bystanders. These can result from safety violations, equipment malfunctions, or negligence. Workers’ compensation is typically the primary recourse for injured workers, providing benefits regardless of fault.

However, in cases of third-party negligence, victims might pursue additional claims outside workers’ compensation. The statute of limitations varies depending on the claim type. Legal guidance is vital to explore all compensation avenues and address the complex interplay of workers’ compensation and personal injury law.

Defective Product

In Oregon, a defective product claim arises when an individual is injured by a product that is inherently unsafe due to design, manufacturing, or labeling defects. Victims can seek compensation under product liability laws, which hold manufacturers, distributors, and retailers accountable.

Oregon follows the doctrine of strict liability for defective products, meaning victims do not need to prove negligence. The statute of limitations for filing a product liability claim is generally two years from the date of injury. It’s crucial for victims to preserve the product and consult with an attorney to effectively pursue a claim.

Dog Bite

Oregon law holds dog owners strictly liable for injuries their dogs cause if the dog has a known dangerous propensity. However, for a first bite where the dog has no history of aggression, the owner may not be automatically liable under state law, unless negligence can be proved.

Victims of dog bites can seek compensation for medical expenses, lost wages, and pain and suffering. The statute of limitations for dog bite claims is two years. Legal assistance can help victims navigate the nuances of liability and secure adequate compensation.

Medical Malpractice

Medical malpractice in Oregon occurs when healthcare professionals deviate from standard practices, causing harm to a patient. This can include misdiagnosis, surgical errors, or wrongful death. Victims must file a claim within two years of the injury or when the injury should have been discovered, but no more than five years from the act causing the injury.

Oregon imposes a cap on noneconomic damages in malpractice cases. Proving malpractice requires expert testimony, making it essential for victims to seek specialized legal support to build a compelling case.

Slip-and-Fall

Slip-and-fall accidents in Oregon refer to incidents where an individual is injured on someone else’s property due to hazardous conditions, such as wet floors or uneven surfaces. Property owners have a duty to ensure their premises are safe for visitors. Victims can file claims for compensation under premises liability law.

The comparative negligence rule may affect the claim if the victim is partly at fault. The statute of limitations is two years. Successful claims require proving the property owner’s negligence, highlighting the importance of legal expertise in these cases.

Wrongful Death

Wrongful death claims in Oregon are pursued when an individual’s death results from another’s wrongful act or negligence, such as in car accidents or medical malpractice. The deceased’s estate, through a representative, can seek damages for lost income, funeral expenses, and loss of companionship.

The statute of limitations is three years from the date of the act causing death. Wrongful death claims involve complex legal and emotional challenges, necessitating compassionate and competent legal representation to ensure the family’s rights are protected.

Product Liability

Product liability in Oregon involves claims against manufacturers, distributors, or sellers for injuries caused by defective or unsafe products. This includes design defects, manufacturing errors, and inadequate warnings or instructions. Oregon’s strict liability laws facilitate compensation without proving negligence.

The statute of limitations for product liability claims is generally two years from the injury date. Victims must demonstrate the product was defective and directly caused their injuries. Legal counsel is crucial to navigate the claim process and challenge well-resourced corporate defendants.

Recovering Damages in a Portland Personal Injury Claim

In a Portland personal injury claim, it’s essential to seek compensation for the full extent of the impact the accident has had on your life. Beyond covering lost wages and medical bills, you may be entitled to various other economic and non-economic damages. These can include:

  • Diminished earning capacity: If the injury affects your ability to earn income in the future.
  • Future medical expenses: Costs for ongoing treatment or rehabilitation.
  • Pain and suffering: Compensation for physical and emotional distress caused by the accident.
  • Loss of enjoyment of life: Compensation for the inability to engage in activities you once enjoyed.
  • Mental anguish: Compensation for emotional suffering, such as anxiety or depression.
  • Loss of consortium: Damages for the impact of the injury on your relationship with your spouse or family members.
  • Loss of household services: Compensation for the inability to perform household tasks due to the injury.
  • Inconvenience: Compensation for the disruption and inconvenience caused by the accident and subsequent recovery process.
  • Reputational damage: Damages for harm to your reputation as a result of the accident.

These damages aim to address both the tangible and intangible losses you’ve experienced due to the accident, ensuring that you’re fairly compensated for the full scope of your suffering and hardship.

Get Help from a Personal Injury Lawyer in Portland

When you have suffered devastating injuries caused by the negligent actions of another, you have the right to pursue justice for your losses. Get help maximizing your settlement by contacting an experienced Portland personal injury lawyer at Craig Swapp & Associates. Get started on your claim as soon as today.

Schedule your free, no-obligation consultation when you call our office at 1-866-316-5712. Or fill out our online contact form and we will be in touch to learn more about the details of your case.