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1050 SW 6th Ave,
Suite 1100
Portland, OR 97204

Personal injuries remain a significant concern in Oregon. Recent data from the Oregon Health Authority highlights a concerning trend of increasing personal injury incidents, ranging from auto accidents to workplace injuries. 

The critical time frame of personal injury cases in Portland, OG, is essential for preparing a compelling case to support the victim’s claims. With a robust team led by our experienced personal injury attorneys in Portland, Craig Swapp & Associates has established itself as a pivotal force in securing justice and compensation for those adversely affected by accidents in Oregon.

Discovery Rule in Personal Injury Cases in Portland 

The standard statute of limitations for personal injury claims in Portland is two years from the date of the injury.

However, what happens when the injury is not discovered right away? This is where the discovery rule comes into play. This legal principle allows the statute of limitations to begin at the moment the plaintiff discovers, or with reasonable diligence should have discovered, the injury. 

The discovery rule is particularly relevant in cases where the injuries are not immediately noticeable. This could include cases of medical malpractice where the effects of a negligent act only become apparent months or even years after the procedure. Similarly, in cases involving exposure to harmful substances, like asbestos, symptoms may take a long time to develop.

It’s crucial to understand how the discovery rule could affect your personal injury case. It underscores the importance of seeking legal guidance as soon as an injury is discovered or suspected. Our personal injury attorneys in Portland are adept at navigating these nuances to ensure that your rights are protected and that you initiate your claim within the permissible timeframe.

Personal Injury Cases We Handle in Portland, OR

Our dedicated team of personal injury attorneys in Portland is committed to securing justice for individuals who have suffered from various personal injury cases, including: 

Auto Accidents 

The responsibility for maintaining safety on the roads lies with every driver in Portland. This obligation, legally termed as the “duty of care,” is essential to ensure that all road users can travel without undue risk. Unfortunately, when this duty is breached, whether through reckless behavior, distracted driving, or other negligent actions, it can lead to severe and sometimes catastrophic auto accidents.

The state operates under a modified comparative negligence rule. This rule plays a critical role in personal injury claims arising from auto accidents. It means that an injured party can still recover damages if they are partially at fault for the incident, provided their degree of fault does not surpass 51%.

Our role as auto accident lawyers involves a thorough analysis of accident reports, witness statements, and any available physical evidence to accurately establish fault and protect your rights. Whether negotiating settlements or representing clients in court, our goal is to maximize your recovery and assist you through every step of your legal journey.

Construction Accidents 

The safety and well-being of construction workers are primarily protected under the Oregon Workers’ Compensation Act. This comprehensive legislation ensures that workers injured on the job receive timely medical attention and compensation for their injuries, regardless of fault, as part of the state’s no-fault system.

However, worker’s compensation is not the only recourse for injured construction workers. In instances where injuries result from gross negligence or the actions of a third party, additional legal claims can be filed outside of the worker’s compensation system. These claims are crucial as they can provide additional compensation for damages not covered by worker’s compensation.

Claims related to construction accidents require a deep understanding of both the specifics of Oregon’s laws and the broader legal principles governing personal injury and liability. As construction accident lawyers, we are committed to ensuring that all responsible parties are held accountable and that our clients receive the fullest protection and compensation that the law allows. 

Dog Bites 

Oregon’s legal framework in animal attacks, including dog bites, is significant because it does not require the injured party to prove that the dog owner knew the dog was dangerous or had a history of aggression, which is often a requirement in other jurisdictions. Instead, the owner is liable for any harm their pet causes, regardless of the animal’s previous behavior.

Dog bite victims in Portland can focus on recovering from their injuries without the added burden of demonstrating the owner’s prior knowledge of the dog’s aggressiveness. Claims under can include compensation for medical expenses, lost wages, pain and suffering, and in some cases, emotional distress.

Evidence is crucial not only for building a strong case but also for negotiating with insurance companies who often handle the financial compensation on behalf of the dog owner. Reaching out to our dog bite accident lawyer ensures that you have diligent legal representation that prioritizes your well-being and seeks to secure the maximum compensation allowed by law.

Medical Malpractice 

Victims of medical negligence in Portland must file their claims within the two-year time limitation starting when the injury occurred or when it was discovered, which underscores the urgency of addressing these matters promptly.

To establish a claim of medical malpractice, the victims must demonstrate that a healthcare provider, whether a doctor, nurse, or other medical staff, failed to adhere to the established standard of care expected in their profession. This standard of care is defined as the level and type of care that a reasonably competent health care professional, with a similar background and in the same medical community, would have provided under similar circumstances.

Given the high stakes and the potential for significant compensation, it is common for medical malpractice claims to be vigorously defended by healthcare providers and their insurers. Our medical malpractice lawyers are equipped with decades of experience to navigate these challenging waters effectively. 

Slip and Falls

Property owners in Portland, whether they are homeowners, businesses, or public entities, have a legal obligation to ensure their premises are safe for all visitors. This responsibility is detailed under premises liability law in Oregon. Slip and fall accidents are a common type of incident that falls under this statute.

Collecting and preserving evidence is critical in slip and fall cases in Portland. This can include photographs of the scene immediately after the accident, surveillance footage if available, maintenance records, and eyewitness accounts. Our slip and fall lawyers work swiftly to gather this evidence before it can be altered or destroyed.

By entrusting your case to our experienced slip and fall lawyers, you gain the benefit of a dedicated team that is committed to achieving the best possible outcome for you. 

Wrongful Death 

A wrongful death claim in Portland can be filed by the personal representative of the deceased’s estate, acting on behalf of surviving family members such as spouses, children, and sometimes parents. The claim must generally be filed within three years of the date of the injury that caused the death, emphasizing the need for timely legal action.

Our role as wrongful death attorneys involves several critical responsibilities. We must establish that the death was indeed caused by the wrongful act, neglect, or default of another. This requires a thorough investigation into the circumstances surrounding the death, gathering evidence such as accident reports, witness statements, medical records, and expert testimonies.

Product Liability 

Product liability claims can be based on several types of defects: design defects, manufacturing defects, and marketing defects. The compensation for victims of defective products can include medical expenses, lost wages, pain and suffering, and sometimes punitive damages if the negligence was particularly egregious. In cases involving severe injuries or fatalities, the stakes are high, and the legal battles can become complex and fiercely contested.

With our product liability attorneys on your side, we can help you identify the type of defect that caused the injury and to demonstrate how this defect makes the manufacturer or seller liable, ensuring that you receive the compensation you deserve.

With a deep understanding of Oregon’s personal injury laws and an unwavering commitment to our clients, our personal injury attorneys in Portland strive to deliver not just legal representation, but justice and peace of mind. 

Do Personal Injury Cases in Portland Always Go to Court?

Many individuals envision a courtroom battle as an inevitable part of filing a personal injury claim in Portland when they have suffered an injury. However, the reality is that most personal injury cases are resolved without ever stepping foot in a courtroom. 

Initially, personal injury claims typically enter a pre-litigation phase. This stage involves gathering all relevant information, such as medical records, accident reports, and witness statements. Accident lawyers play a crucial role here, crafting a case that accurately represents the incident and your ensuing losses. 

Most personal injury cases in Portland involve negotiations with the responsible party’s insurance company. Personal injury attorneys are adept at these discussions, aiming to secure a settlement that covers all of your medical expenses, lost wages, and other damages without the need for a trial.

Despite the tendency to settle, some personal injury cases do proceed to trial. One of the scenarios where a court case might be unavoidable. For instance, cases involving complicated legal or medical questions, or substantial claims for damages, may require a trial to resolve these intricate issues.

Let Our Personal Injury Attorney in Portland, OR, Help You

For those injured in Portland, Oregon, Craig Swapp & Associates provides not just legal guidance but a partnership aimed at advocating for your rights and securing the compensation you deserve. Our steadfast dedication to justice has restored the lives of our clients affected by personal injuries. If you or a loved one has been injured, ensure your case is in capable hands. Remember, “One Call, That’s All” – trust our experience and resources to guide you through this difficult time. 

Contact us today at 971-266-6872 or fill out our online contact form and have your free consultation scheduled.