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What Are Special Damages in a Personal Injury Case?

What Are Special Damages in a Personal Injury Case?

Written by George McCoy on . Posted in Personal Injury.

Injuries caused by the negligence of someone else can be physically, emotionally, and financially draining, and many victims seek compensatory damages for their losses through personal injury claims. This compensation often includes both general and special damages. General damages are related to non-economic compensation, such as emotional distress, while special damages refer to economic compensation. It is the latter that we will focus on in this article.

What specifically are special damages in a personal injury case? If you’re seeking compensation for a personal injury, you’ll need to understand what constitutes special damages in your claim. The experienced personal injury attorneys at Warren Allen LLP have been providing expert advice and representation since 1971. We’ll walk you through what you need to know about special damages and how they apply to your case.

What Are Special Damages in a Personal Injury Case?

Special damages compensate victims for the tangible, out-of-pocket expenses incurred due to someone else’s negligence or wrongdoing. They are quantifiable and directly related to the financial losses incurred as a result of an injury or accident. Typically, they include medical expenses, lost wages, and/or property damage, depending on the nature of the case.

Medical Expenses

Medical expenses are typically a significant component of special damages in a personal injury case, and they can have a substantial impact on the overall value of a personal injury claim. Medical expenses include the costs associated with treating and managing injuries sustained as a result of an accident or incident, including the costs of short- and long-term treatment, medication, and rehabilitation. They can vary widely depending on the nature and severity of the injuries.

Calculating medical expenses involves tallying the costs of all medical-related services and products, including hospital stays, doctor’s visits, copays, medical equipment, surgical procedures, prescription medication, and physical therapy. Thorough documentation is key, and medical records, bills, and receipts all serve as evidence of the expenses incurred.

If an individual is hospitalized for several days due to injuries sustained in an accident, for instance, the hospital bill would include nursing care, treatments, tests, and any other services completed while under their care. Additionally, the individual may incur costs for medical equipment, such as a wheelchair or crutches, and may need to pay for home care or rehabilitation services. Overall, medical records might show a series of doctor’s visits, physical therapy sessions, hospital stays, medication, and so on, with corresponding bills and receipts to support the claim.

Lost Wages

Lost wages are one aspect of a personal injury case that can have a huge impact on someone’s financial well-being. This is the income an individual is unable to earn due to the injuries sustained in an accident. It can include past lost income as well as future lost income if the individual is unable to return to work or is forced to take a lower-paying job due to their injuries.

Determining the amount of income an individual would have earned if they had not been injured can be a challenge, but documentation of past salary, benefits, and bonuses can help demonstrate the plaintiff’s earning potential based on their employment history. If a plaintiff is a salesperson who earns a commission-based income, their lost wages might include the commissions they would have earned if they had been able to work.

Evidence to support lost wages could include pay stubs, W-2 forms, tax returns, and expert testimony from an economist or vocational rehabilitation specialist to establish the extent of their lost earning potential.

Property Damage

When pursuing a personal injury claim, special damages can also include the costs related to destruction or damage to an individual’s property as a result of an accident or incident. This is referred to as property damage.

Property damage could include damage to vehicles, personal property, cost of repairs, replacement parts, or the fair market value of the property if it is deemed a total loss. For example, if an individual’s vehicle is damaged in a car accident, the cost of repairs would include the cost of replacing any damaged parts, such as a bumper or fender, as well as labor costs.

Similarly, if an individual’s personal property, such as a phone or laptop, was also damaged or destroyed in the accident, they may be able to claim the cost of repairing or replacing the item. Documentation such as photographs, repair estimates, receipts, and appraisals can all be helpful evidence for the plaintiff.

Seeking Special Damages in a Personal Injury Case

Answering the question, “What are special damages in a personal injury case?” is just the start of preparing for your claim. When you’re seeking fair compensation for your losses, you need to accurately calculate and present special damages.

The importance of keeping documentation cannot be overstated. Receipts, invoices, and medical records can all serve as evidence of the financial losses incurred, and in conjunction with expert testimony, they can help establish the extent of your losses and provide a clear understanding of the financial impact of your injuries.

That can be a lot to take on, and personal injury law can be complex, but an experienced personal injury attorney can help you. We work closely with clients to determine rightful compensation and ensure all necessary evidence and documentation are gathered and presented clearly. Working with an experienced attorney also allows victims to feel confident that their special damages claims are being handled with care. You receive the support and guidance you need so you can focus on recovery. If you or someone you know has suffered a personal injury, you should immediately take steps to gather and preserve evidence of losses. Contact the experienced attorneys at Warren Allen LLP to discuss your personal injury case and to learn how we can help you seek compensation.

Top Causes of Traffic Accidents in Portland Oregon

Top Causes of Traffic Accidents in Portland Oregon

Written by George McCoy on . Posted in Car Accident.

Traffic accidents are an unfortunate reality of life and almost always completely unexpected, but that doesn’t mean you can’t lower your risk of being involved in an accident. It can be helpful to be aware of some of the most common factors that contribute to traffic accidents in Portland, Oregon, and the greater Portland area, so you can stay vigilant and try to avoid or stay safe in these situations.

Distracted Driving

We’ve all seen other drivers swerving in and out of lanes while looking down at their phones. Distracted driving can come in many forms, though. Anything that takes our attention away from driving—using the phone, texting, eating, adjusting the radio, feeling drowsy, and even talking to passengers in the car—can lead to collisions.

Although Oregon does have a law in place that makes it illegal to drive while holding and using a mobile electronic device (including GPS, laptop, cellphone, or tablet), violations are common, and the law does not cover other distractions. Being aware of your surroundings, pedestrians, other drivers, and cyclists, and focusing on driving are vital to ensuring you can react appropriately and keep yourself and others safe.

Speeding

Unfortunately, high speeds generally increase the severity of a crash. As a result, wide, multi-lane roads where drivers can go faster tend to experience more severe accidents, with more serious injuries and fatalities. According to the Oregon Department of Transportation, speed played at least a partial role in 42 percent of deadly crashes between 2017 and 2021, although this number could be underreported since it is sometimes difficult to know the speed of a vehicle at the time of an accident.

Accidents due to speeding don’t just affect vehicles, either. A pedestrian struck at 40 miles per hour is 8 times more likely to die than if they had been hit at 20 miles per hour.

Speeding isn’t always just about driving over the speed limit. Drivers also need to factor in road and weather conditions when adjusting their speeds.

Impaired Driving

Driving while under the influence of alcohol or drugs presents significant dangers. Alcohol and drugs, even prescription drugs in some cases, can negatively affect motor skills, cognitive function, reaction time, and coordination. All of these can impair drivers’ ability to steer, brake, make good judgments, and respond to unexpected hazards or the actions of other drivers. Impaired driving dramatically increases the risk of traffic accidents, injuries and fatalities, potential legal penalties, and even lifelong consequences for victims and their families.

Increased Traffic and Aggressive Driving

With the popularity of SUVs, trucks, vans, and other large vehicles, roadways have become increasingly crowded, and crashes have become more serious, partly due to the extra weight and height of the larger vehicles. This can be especially devastating if pedestrians are involved.

In addition to the size of vehicles increasing traffic congestion, driver behavior is also a contributing factor to many collisions and traffic accidents. Aggressive driving, such as tailgating (following the vehicle in front of you too closely), weaving in and out of traffic, speeding, and ignoring traffic signs and signals, can be dangerous for everyone, including the aggressive driver.

Weather and Road Conditions

Although the situations listed above are common everywhere, weather and road conditions are of particular concern in traffic accidents in Portland, Oregon, since, in the fall and winter, the city experiences increased rainfall. Wet roads become slick, reducing friction and increasing the chances of hydroplaning, which lends itself to many rear-end collisions. Overcast skies and foggy weather can also reduce visibility, making it difficult for drivers to gauge the speed and distance needed to avoid other vehicles.

Icy roads can also be a concern. Because the Portland area has a fairly moderate climate, major snow and ice storms are not a regular occurrence, and it isn’t as well equipped as snowier areas with de-icers and snow plows to prepare roadways and ensure safe road conditions. In addition to icy roads, drivers without previous experience driving on wintery roads might also be unaware that they should drive slower and brake sooner when the roads are slippery. This combination of unfavorable road conditions and inexperience can lead to spinouts and collisions.

Poor Visibility and Nighttime Driving

As mentioned above, overcast skies and fog can result in poor visibility, but certain times of day and evening—dusk, dawn, late night, early morning—can also create dark or low-light conditions that make it difficult for drivers to see well. These times of day and night can be especially treacherous for pedestrians and bicyclists since drivers might be less likely to see them, especially if they are wearing dark clothing.

Keeping Yourself and Others Safe

Of course, it’s impossible to control the actions of those around you, but there are steps you can take to try to keep yourself and others as safe as possible when driving in Portland.

  • Always drive sober.
  • Eliminate distractions—don’t text, use the phone, or eat while driving.
  • Increase the distance between you and the vehicle in front of you, especially in bad weather or at night.
  • Follow the speed limit, but slow down if the weather or road conditions are not ideal.
  • Use headlights at dusk, dawn, and nighttime
  • Yield to pedestrians, even at unmarked crosswalks

Pedestrians and cyclists can do their part to reduce the risk of traffic accidents as well. Always wear reflective or light clothing, especially if you are on the road when there is low visibility.

Help for Those Injured in Traffic Accidents in Portland, Oregon

Traffic accidents can happen to anyone, even if you are a safe and conscientious driver. For those who have been injured or suffered damages as a result of traffic accidents in Portland, Oregon, we’re here to help.The personal injury lawyers at Warren Allen LLP have years of experience in representing clients seeking financial compensation to help cover medical costs, repairs, lost wages, pain and suffering, and other damages. It’s easy to set up your free consultation. Just contact us today.

Questions to Ask Medical Malpractice Lawyers at the First Meeting

Questions to Ask Medical Malpractice Lawyers at the First Meeting

Written by George McCoy on . Posted in Medical Malpractice.

We’ve all experienced the relief of being treated by a competent and caring healthcare professional when we were sick or injured, but what happens when they’re not so competent? When a healthcare professional fails to meet the standard level of care, such as by misdiagnosing a condition or committing an error during surgery or when prescribing medication, it can result in significant harm to the patient. Known as medical malpractice, this unfortunate situation falls under the umbrella of personal injury law.

In some cases of medical malpractice, you might be eligible to receive financial compensation to help in your recovery. Because medical malpractice cases can be complex, it’s a good idea to work with a personal injury lawyer who specializes in these types of cases.

There are a number of medical malpractice lawyers in Oregon, so how do you know which one is right for your case? Our team of attorneys at Warren Allen LLP has put together a helpful list of questions to ask during your consultation to help you determine who can best represent you in your medical malpractice claim.

What to Bring to Your First Meeting

It’s always a good idea to be as organized as possible so your medical malpractice lawyer can effectively understand and assess the strength of your case. Before you set up a consultation, gather all the evidence you can access. This might include:

  • Medical records
  • The names of the healthcare providers involved
  • The facility where you received care
  • A list of potential witnesses who might be able to provide additional and relevant information
  • Documentation that might support your claim, such as pictures, bills, notes, prescriptions, emails, and so on

To the best of your ability, try to write out a timeline of events. Be as specific as possible about dates, symptoms, treatment, medications, and complications.

Assess Their Experience with Medical Malpractice Cases

Before you meet with a medical malpractice attorney, it can be helpful to do some basic online research. For instance, make sure they are licensed in the state where the incident took place. Check for any online reviews on platforms like Google or Avvo, which is specific to legal information and reviews. Look for board certifications and any honors or affiliations that might indicate a specific expertise. For example, the Brain Injury Association of America maintains a list of attorneys who specialize in traumatic brain injury cases.

During your consultation, ask specific questions about their experience. How long have they practiced medical malpractice law? Have they ever handled cases with injuries or circumstances similar to your case?

Although not all cases go to court, ask whether they have any trial experience and what percentage of their caseload is dedicated to medical malpractice claims. A reputable medical malpractice attorney should also be able to provide references or testimonials from former clients.

Ask About Their Case Strategy

Once you have presented them with the evidence you have put together, you’ll want an honest assessment of your case. First, ask whether they believe you have a valid medical malpractice claim. Why or why not?

If they do think you have a case, ask how they would approach it. Are there weaknesses or challenges that might come up? What additional evidence is needed? Are there experts who could be consulted? Is there a statute of limitations for filing your particular type of claim?

In general, you want a medical malpractice attorney who takes a structured, professional approach to investigation. They should also be willing to explain legal or medical concepts to you in a way you can understand. Although it might be difficult to hear, you do want them to be transparent about obstacles or challenges you might face, especially when it comes to how the defendant might respond or try to discredit your claim.

Clarify Expected Outcomes and Timelines

One of the benefits of working with an experienced medical malpractice attorney is that they should be able to give you a good idea of expected outcomes and timelines, based on similar cases.

Ask important questions such as:

  • Will you be handling my case personally, or will I be working with another attorney or paralegal?
  • What kind of compensation might be reasonable in my case?
  • Do you anticipate a settlement is likely, or do you expect to go to trial?
  • How long does it normally take to resolve these types of cases?
  • What are the steps involved in this legal process?

A trustworthy medical malpractice attorney should never guarantee you a specific outcome or amount of damages, but they should be able to explain what types of damages are realistic, including medical costs, loss of income, pain and suffering, loss of enjoyment of life, or expenses of long-term care. They should also be able to provide a basic timeline that takes into account delays you might expect.

Discuss Fees and Costs

Many personal injury lawyers in Oregon work on a contingency fee basis, which means you only have to pay them if you win your claim. Ask to see a written contingency fee agreement as well as an explanation of how litigation costs like filing fees, paying experts, and depositions are handled. Are there up-front costs or fees you will need to pay? What will you owe, if anything, if you lose the case?

Evaluate Their Communication Style and Accessibility

Above all, you need to feel respected and listened to and know that your attorney is accessible and responsive. Are they willing to answer your questions? How quickly do they respond to emails and phone calls? Do they have team members who can help you when they are unavailable?

Clear communication is vital. Establish the following up front:

  • Who will be my point of contact during the case?
  • How often do you plan to provide updates?
  • Am I able to contact you directly?

It’s important to know that your medical malpractice attorney is professional, competent, and available to you throughout the entire legal process.

Experienced Medical Malpractice Lawyers in Oregon

If you have suffered from medical malpractice, you need a team behind you, working toward making things right. Warren Allen LLP has a team of experienced and compassionate medical malpractice lawyers in Oregon who can provide solid legal advice and exceptional service. Contact us today to schedule a consultation to see how we can help.

What To Do When Your Dog Bites You

What To Do When Your Dog Bites You

Written by George McCoy on . Posted in General Law, Personal Injury.

Dog bites are unfortunately very common in the US, but what happens if it’s your dog that does the biting? Would you know what to do when your dog bites you or someone else? When faced with this situation, many pet owners are left feeling shocked, confused, and obviously concerned. Dog bites can be completely unexpected and may come from normally loving and attentive pets. When it’s your own dog that bites you, the situation can be particularly complex and emotionally charged.

Unlike bites from unknown dogs, bites from your own pet can raise questions about your relationship with your dog, your ability to care for them, and the potential consequences of their behavior. The aftermath of a dog bite can already be challenging, but it’s important to take the right steps to address the immediate situation and prevent future incidents.

Dog bites can result in puncture wounds, lacerations, and even infections, as well as emotional trauma, such as anxiety, fear, and stress. In the wake of a dog bite, it’s natural to feel uncertain about how to proceed, but taking prompt and informed action can help mitigate the consequences and ensure a safer and more positive outcome for both you and your dog.

The attorneys at Warren Allen LLP are a valuable resource that can provide guidance and support after a dog bite incident. Understanding what to do when your dog bites you allows you to better protect yourself, your dog, and those around you.

Seek Immediate Medical Care

If your dog bites you, one of the first steps you should take is to seek immediate medical care. Dog bites can be unpredictable and may result in serious injuries that require prompt attention, even if the bite seems minor.

First, they can pose a significant risk of infection, particularly if the wound is deep or the dog’s mouth contains bacteria such as Pasteurella and Capnocytophaga. If these bacteria enter the wound, they can cause a range of infections in humans, from mild to severe. Dog bites can also pose a risk of rabies, particularly if the dog’s vaccination status is unknown.

If possible, first wash the wound thoroughly with soap and water to help reduce the risk of infection. Next, seek medical attention as soon as possible, ideally within a few hours of the bite. A medical professional will evaluate the wound and determine the best course of treatment, which could include antibiotics, stitches, or other interventions. In some cases, a tetanus shot may also be recommended to prevent tetanus infection. Seeking prompt medical attention and following the recommended treatment plan will reduce the risk of complications and promote healing.

Reporting the Incident

In the moment, it might be difficult to remember what to do when your dog bites you, but reporting the incident to local animal control or law enforcement is a step that should not be overlooked. Reporting a dog bite incident involving your own pet can be complicated, particularly when you’re emotionally attached, but failing to report the incident can have serious consequences, including liability for future incidents.

If you don’t report the dog bite, you may be held responsible if your dog bites someone else. Reporting the incident not only protects you and others from potential harm, but it also helps to create a record of the bite, which can be used to assess the dog’s behavior and potential risks.

When you report the incident, be sure to provide as much information as possible, like the dog’s vaccination history, including rabies shots, as well as the circumstances surrounding the bite. You should also provide information about the dog’s behavior and any previous incidents.

Evaluating Behavioral Triggers

Dogs bite for a variety of reasons, but common behavioral triggers include fear, pain, being protective, and territorialism. Fear can cause a dog to become defensive and bite when it feels threatened or scared, while pain can lead to irritability and aggression. Your dog could bite because they felt the need to protect a family member. Territorialism can also cause a dog to become protective of its space and bite when it feels that space is being invaded.

Dogs that exhibit aggressive behavior require guidance and training to learn how to interact safely with people and other animals. Without proper training, the risk of future incidents increases, potentially leading to serious consequences. To evaluate the dog’s behavior, consider the circumstances surrounding the bite. This includes the environment, the people involved, other animals involved, and any potential triggers that may have contributed to the behavior.

Consulting with a professional dog trainer or behaviorist can be incredibly helpful in identifying the underlying causes of the behavior and developing a plan to address it. These professionals can provide valuable insights and guidance on how to modify the dog’s behavior and prevent future incidents. This may involve desensitization or counterconditioning techniques.

Obedience training can help to establish clear boundaries and improve communication between dog and owner, while behavior modification techniques can be effective in addressing specific issues, such as fear or aggression. This creates a safer and more positive environment for both you and your dog.

Long-Term Safety and Legal Protection

An important part of being a responsible dog owner is knowing what to do when your dog bites you or someone else. This includes implementing measures to ensure the dog’s behavior is managed and controlled, such as training, socialization, and proper containment.

Failing to take these steps can have serious consequences. If your dog bites someone else, you may be held responsible for the injuries and damages, which can result in significant financial loss and emotional distress. More importantly, repeated incidents can lead to more severe consequences, such as court-ordered euthanasia. If you’re struggling with what to do when your dog bites you, the experienced attorneys at Warren Allen LLP can provide you with guidance on liability and responsibility. We’ll help you understand your rights and options.

What Is Considered an Emotional Injury?

What Is Considered an Emotional Injury?

Written by George McCoy on . Posted in Personal Injury.

Personal injury cases cover a fairly wide range of situations where someone experiences harm, injury, or loss due to the actions or negligence of another. Car accidents, medical malpractice, dog bites, and slip-and-fall incidents, for example, can significantly impact your health and well-being. In most cases, the resulting injuries and damages are easy to see—for example, a broken leg, stitched-up dog bite, or damaged car—but many people don’t realize that emotional injury or harm can have an equally pronounced effect on your quality of life and ability to function normally.

What is considered an emotional injury, and can you seek financial compensation for it in a personal injury case? Personal injury attorneys, including the team at Warren Allen LLP, work with many clients who have suffered emotional injury due to traumatic events or negligent actions. Since emotional injury can be more complicated to prove and assess for damages, it’s important to discuss this issue with an expert if you want to seek financial compensation.

To help you better understand the different types of emotional injury you could experience, we’ve put together some information about general symptoms you might notice, different types of emotional injury, and the legal considerations involved in recognizing, proving, and compensating for such injury.

Common Symptoms of Emotional Injury

First, it’s important to recognize the signs that you might have experienced emotional injury due to a traumatic event or negligence. Depending on the incident, you might exhibit changes in cognition (confusion, memory problems, intrusive thoughts), mood (depression, anxiety, fear, emotional numbness), behavior (social withdrawal, avoidance of certain places or triggers), and even physiology (insomnia, loss of appetite, fatigue, headaches).

Types of Emotional Injury

Although the symptoms for different types of emotional injury might overlap, and you might suffer from more than one concurrently, there are subtle distinctions described below that a mental health expert might use to diagnose you.

Anxiety

One common response to a traumatic event or to prolonged stress is anxiety, including generalized anxiety disorder. Although everyone worries from time to time, anxiety is more excessive, persistent, and difficult to control than everyday worry and can be characterized by panic attacks, phobias, sleep disturbances, and difficulty concentrating or making decisions.

Anxiety might become severe enough to interfere with daily living, including hampering interpersonal relationships and job performance. Left untreated, anxiety can become chronic and dramatically reduce quality of life.

Depression

Similar to anxiety, depression is more intense and long-lasting than normal the sadness everyone experiences occasionally. Someone suffering from depression might notice sleeplessness or excessive fatigue, loss of appetite or interest in hobbies and activities, and feelings of hopelessness or worthlessness, among other things. As with anxiety, depression should be treated with the help of a health professional.

Post-Traumatic Stress Disorder (PTSD)

Often associated with military veterans, PTSD can affect anyone who has experienced or witnessed a particularly traumatic incident. An individual suffering from PTSD might have flashbacks, nightmares, or intrusive memories of the actual incident.

However, even without these symptoms, a person could become hypervigilant or develop heightened startle responses and avoid triggers or reminders of the trauma. Negative changes in mood and cognitive functioning are also common. Most people with PTSD require long-term, professional treatment.

Loss of Enjoyment of Life

If your ability to find joy and take pleasure in your relationships, hobbies, or daily activities is diminished or reduced after experiencing a traumatic event, you might be suffering from the emotional injury known as the loss of enjoyment of life. Sometimes, loss of enjoyment of life can also occur due to physical injuries that limit your ability to work or participate in activities you formerly enjoyed.

Grief and Bereavement

Families will always experience grief when a loved one dies. However, in cases of wrongful death due to negligence, such as medical malpractice or a traumatic accident, that grief can become deeper and more prolonged than it would be otherwise, and it might qualify as emotional injury.

Emotional Distress

A more generalized term for emotional injury, emotional distress covers a variety of mental suffering that can occur due to a traumatic experience, such as severe embarrassment or humiliation, indignity, or feeling helpless.

Emotional Injury in Personal Injury Law

Because emotional injury and mental suffering can be difficult to tie directly to financial loss (as opposed to the cost of repairing a car, for example), in personal injury law, they are considered non-economic damages.

To pursue a legal claim for emotional injury, you must be able to document or provide proof of the emotional injury and link it directly to the defendant’s actions or negligence. To prove an emotional injury exists and establish its severity, courts generally accept:

  • Medical records, such as diagnoses and notes from licensed health professionals
  • Expert testimony from mental health professionals like psychiatrists and psychologists, who can speak to the extent and causality of the emotional injury
  • Personal testimony where you, your friends, family members, and colleagues describe your suffering
  • Documentation of life changes that detail how your emotional injury has negatively affected your work, hobbies, and relationships

When assessing and awarding damages for emotional injury, courts will usually take into account the severity and duration of symptoms; any need for ongoing mental health treatment or medication; physical symptoms, if they exist; and the negative effects on the plaintiff’s daily life, work, and relationships. Some jurisdictions set limits on the amount of non-economic damages that can be awarded, especially if there are no accompanying physical symptoms, which could affect your case.

Consult with Warren Allen About Your Emotional Injury

Although emotional injury is inherently subjective, and this can sometimes make it more difficult to prove in court, pain and suffering is a legitimate and important factor in many personal injury cases. If you are experiencing symptoms of anxiety, depression, PTSD, loss of enjoyment of life, grief and bereavement, or emotional distress after going through a traumatic event due to someone else’s actions, it’s essential to speak with qualified personal injury attorneys about the potential for seeking financial compensation through a personal injury case. The attorneys at Warren Allen LLP have years of experience in personal injury law and can offer expert legal advice. Don’t suffer in silence. Contact us to get the help you need today.

What to Expect When Working with a Portland Injury Lawyer

What to Expect When Working with a Portland Injury Lawyer

Written by George McCoy on . Posted in Personal Injury.

Recovering from a serious injury can be difficult, both physically and emotionally. Suddenly, you’re dealing with medical bills, lost wages, and a lot of uncertainty, and it can feel like your whole world has been turned upside-down. But you don’t have to go through it alone. Working with a Portland injury lawyer can be a huge relief for someone who’s been injured, and knowing what to expect from the process can make a big difference.

A personal injury lawyer is there to listen, advise, and fight for your rights, and they’ll take the time to understand what you’re going through and help you understand the law. From evaluating your case to representing you in settlement negotiations and even court, a skilled attorney can assist you in getting the best possible outcome so you can move forward with your life.

The team of Portland injury lawyers at Warren Allen LLP knows what it takes to help our clients get the compensation they need and deserve. This guide will help you understand what to expect when you work with a personal injury attorney so that you can feel confident your case is in good hands.

Case Evaluation

When you decide to pursue a personal injury claim, one of the first steps you should take is to have your case evaluated by a Portland injury lawyer. This process will be used to assess the strengths, weaknesses, and viability of the claim and help the lawyer advise you on the best course of action to take.

During the case evaluation, the attorney will review all the relevant information, including medical records, police reports, and witness statements. They’ll also sit down with you to gain a better understanding of what happened and how the injury has affected your life.

A skilled personal injury lawyer will consider every aspect of the case, from the liability of the other party to the extent of the client’s injuries. They’ll weigh all the evidence and use their expertise to assess your case. This helps clients understand what they’re up against and what they can expect.

Working with an experienced attorney who can provide you with an honest assessment of your case gives you a clear understanding of your options so you can make informed decisions about how to proceed. This can save you a lot of time, stress, and money in the long run. A personal injury lawyer who’s committed to their clients will take the time to explain everything in a way that’s easy to understand so you feel empowered, confident, and prepared.

Gathering Evidence

When it comes to building a strong personal injury case, gathering evidence is a top priority. An experienced lawyer knows the right evidence can make all the difference in proving liability and securing fair compensation, so they’ll collect as much relevant information as possible to support the claim and build a solid foundation for the case.

There are several types of evidence that may be gathered, including medical records, witness statements, and expert testimony. Medical records document the extent of the injuries and the treatment received. Witness statements can provide valuable insight into the accident and help establish liability. Expert testimony offers a professional opinion on the cause of the injuries and the impact they have had on the client’s life.

An attorney will work with investigators, medical professionals, and other experts to collect and analyze the evidence. They’ll also identify patterns, inconsistencies, and potential weaknesses so they can build a compelling case that supports the claim.

An experienced attorney, like those at Warren Allen LLP, understands the importance of thorough evidence gathering and analysis. They’ll ensure every detail is accounted for and use their time and skills to build a strong case.

Negotiations and Courtroom Representation

Negotiations with insurance companies and defendants can be a complex and challenging process when it comes to resolving a personal injury claim. For instance, insurance companies often try to minimize payouts, and defendants are likely to have their own lawyers representing them. Having an experienced attorney who can effectively negotiate on your behalf will help you secure a fair settlement that reflects the true value of your claim.

Negotiations may involve multiple parties, including insurance adjusters, lawyers, and other stakeholders. A skilled Portland injury lawyer will be able to communicate effectively with these parties, presenting evidence and arguments in a clear and persuasive manner.

While many personal injury claims are resolved through negotiations or mediation, some cases may require courtroom representation. If a settlement can’t be reached, a lawyer will be prepared to take the case to court. In the courtroom, they’ll play a critical role in representing you, presenting evidence, and arguing your case. They’ll work to build a strong narrative that demonstrates your injuries and the impact they’ve had on your life.

Expect the Support You Deserve

When life takes an unexpected turn and someone gets injured, it can be overwhelming to think about the next steps, but with the right support, you can feel more confident and prepared to take on the challenges ahead. One of the most significant benefits of working with a personal injury lawyer is the peace of mind that comes with knowing someone is fighting for your rights and is there to support you through the paperwork, negotiations, and court appearances. Knowing someone is working on your behalf allows you to focus on your recovery and well-being. With a team of experienced personal injury lawyers, Warren Allen LLP in Portland, Oregon, is equipped to handle even the most complex cases. At the end of the day, it’s about finding a law firm that truly cares about its clients and is dedicated to helping them receive the support and compensation they deserve.

Take These Steps If You’ve Been in a Car Accident in Oregon

Take These Steps If You’ve Been in a Car Accident in Oregon

Written by George McCoy on . Posted in Car Accident.

A car accident is a terrifying and incredibly stressful event, especially when injury or death occurs as a result. Even a minor incident on the road can create long-term financial and emotional consequences, as dealing with the complex legal and medical paperwork can feel overwhelming, especially after you’ve suffered a traumatic experience. After a car accident, your main focus should be recovery, yet the police, DMV, insurance companies, and medical institutions will all be making demands for more information.

Our Oregon-based legal firm, Warren Allen LLP, is here to help. While we can’t make the accident itself any less stressful, we can help you navigate the steps you need to take so you can minimize some of the chaos and confusion in its aftermath. If you’ve experienced a car accident in Oregon, we offer legal advice and representation .

As soon as possible after an accident has occurred, follow this guide to ensure a smooth return to normalcy.

Seek Medical Attention as Soon as Possible

The first priority after any car accident is to see to the health and safety of the people involved. If any injuries or fatalities have occurred, call 911 immediately. In severe accidents, emergency medical care may be required. If emergency services are called to the scene, heed their instructions and ensure that everyone affected by the accident receives the appropriate care. Note that it is not always obvious when an injury has occurred. Symptoms may sometimes manifest themselves days or even weeks later, particularly as the adrenaline caused by a traumatic event may mask pain and discomfort.

Even if there aren’t clear signs of an injury, you and anyone else involved in the accident should see a medical professional as soon as possible. Not only will this allow any problems to be addressed before they become more serious, but it will also help to ensure that any diagnoses that are made can be directly linked to the crash. If you wait too long, you may have difficulty proving your injuries were caused by the accident should any legal action need to be taken.

Obtain Insurance Information

The next task is to obtain insurance information for all parties involved in the accident. Depending on the circumstances of the accident, this may or may not be a simple matter, but it’s important to get it sorted out at the scene, if possible. Exchange insurance information with the other driver (or drivers) involved. At the bare minimum, you’ll need a name, phone number, and the name and phone number of their insurance company. You should also take note of some basic details about the cars involved, including the makes, models, and license plate numbers.

Follow Up Afterwards if Necessary

Of course, it isn’t always as simple as just trading information at the scene. If a hit and run occurred, or if the injuries involved were too great to discuss paperwork details before an injured party left by ambulance, then you may need to follow up afterward to get the information you need. Typically, this can be done by checking the police report from the accident scene or contacting the DMV.

Document the Scene – Including Photos

After an accident, you will likely need to file an insurance claim, and you may eventually choose to seek legal counsel as well. In both cases, it’s important to be able to provide as much information as possible from the scene, so ensure that you have clear documentation, if you can.

Part of this will include your statement as a witness, so try to recall as many details as you can in the moment, including the exact location and time of the accident, the weather, the state of the roads, and so on. Write down everything you remember, including the circumstances leading up to the accident and its immediate aftermath. Get information from anyone else who was in the vehicle or may have witnessed the accident as well.

If you can do so safely, you should also compile photographic documentation of the accident scene. Take pictures of the damage to the vehicles as soon as possible after it has occurred, as well as the surrounding area, including the road conditions. How is each car positioned? Are there any hazards nearby? Is the road wet or icy? The better you can paint a clear photographic picture, the more help you can provide to the authorities, insurance companies, and if necessary, your legal team.

File a Police Report

In some cases, the police will be called to the scene of an accident to assist. In other cases, however, you may need to contact them after the fact to file a report. After a less serious car accident in Oregon, police departments have non-emergency numbers you can call, which should be done as soon as possible to ensure a timely report is made. In the state of Oregon, you are legally required to make a report if an injury or death occurs or if more than $2,500 of property damage has taken place.

Notify Your Own Insurer

Your own insurance company will also need to receive thorough documentation of the accident so that you can collect any damages you may be entitled to. The information you have collected should be submitted to them, particularly any photographic evidence. Your insurance company will also need records of any damage to your vehicle or any medical costs that have been incurred.

Seek Legal Counsel

In any situation involving police, insurance companies, and potential lawsuits, it can be to your benefit to have legal representation on your side. Without the help of a legal professional, you may not be aware of your rights in the situation or the risk of litigation or charges you may be facing. A dedicated legal counsel can also help ensure you receive the maximum insurance payout or other compensation you may be entitled to.To help you navigate the complexities of Oregon law, contact us at Warren Allen LLP. We’ll go to work to help you recover legally and financially from this traumatic experience.

How To Find a Qualified Malpractice Attorney Near You

How To Find a Qualified Malpractice Attorney Near You

Written by George McCoy on . Posted in Medical Malpractice.

When people search for a “malpractice attorney near me,” they’re often looking for someone to help them make sense of a tough situation. Medical malpractice cases can be complex, and it’s hard to know where to start, but working with the right attorney can make a big difference. A good malpractice attorney can help victims of malpractice understand their options, gather evidence, and build a strong case to get the justice and compensation they deserve.

Medical malpractice cases often involve a lot of important little details, like gathering medical records, lining up expert testimony, and putting together legal arguments. It’s not something that can be handled alone, which is why it’s so important to find an attorney who knows what they’re doing and who has your best interests in mind.

Finding the right attorney starts with a little research, like looking into their background, reading reviews from past clients, and seeing if they’ve handled cases like yours before. It’s not always easy, but taking the time to find the right fit can pay off in the end.

The personal injury attorneys at Warren Allen LLP in Portland, Oregon, specialize in medical malpractice cases and have a proven track record of success. We’ll help you understand what to consider when looking for a qualified malpractice attorney near you.

Have you been the victim of medical malpractice? With the right attorney representing you, you’ll feel more supported and empowered as you work through the complicated legal process of a malpractice claim.

Research Credentials and Expertise

One of the first things you should consider when you search for a “malpractice attorney near me” is the attorney’s credentials. A qualified attorney will have a strong educational background, relevant licensure, and certifications that demonstrate their expertise in medical malpractice law. Researching their credentials and experience gives you a better sense of whether they are a qualified professional who can handle a medical malpractice case like yours.

Verifying an attorney’s credentials is relatively straightforward. Start by checking with the State Bar Association for your state. It will provide information on the attorney’s licensure and any disciplinary actions taken against them. An attorney’s own website can often be a good resource as well, as many attorneys list their credentials, experience, and areas of specialization online. Organizations like Avvo or Martindale-Hubbell can also provide valuable information on an attorney’s reputation and credentials.

An attorney with medical malpractice expertise will have a deeper understanding of the complex laws and regulations that govern medical malpractice cases. They will also have experience working with medical experts, which is vital to this type of case.

Read Client Reviews

Client reviews and testimonials are helpful when you’re searching for a malpractice attorney near you. Personal reviews provide insight into an attorney’s reputation and work style and the level of client satisfaction. Read about the experiences of past clients to get a better sense of what to expect from the attorney and whether they are a good fit for your case.

Client reviews can be found in a variety of places, including online review sites, social media, and the attorney’s website. When evaluating client reviews, pay attention to details about the attorney’s communication style, responsiveness, and ability to explain complex legal concepts in a clear and concise manner.

A good malpractice attorney will take the time to explain the legal process, answer questions, and provide updates on the status of a case. The attorneys at Warren Allen LLP understand the importance of client satisfaction, always striving to provide exceptional service to all their clients and ensuring they feel informed and supported throughout the legal process.

Verify Case Experience

If you’re searching for a malpractice attorney, you should verify the attorney’s experience with medical malpractice cases. An attorney’s experience in this particular area can be a significant factor in how they handle and, ultimately, the outcome of a case. Working with an attorney who has a proven track record of success will also provide you with peace of mind.

Don’t be afraid to ask specific questions, like how many medical malpractice cases they have handled, what other types of cases they have worked on, how many of their cases have gone to trial versus settling, what their success rate is, and their familiarity with the relevant laws and regulations. Ask about their experience working with medical experts and other related professionals. Pay close attention to the attorney’s response to help you gauge their level of expertise and their confidence in handling your case.

Working with an attorney who has proven to be successful in medical malpractice cases can give you a significant advantage when seeking compensation for your injuries. An experienced attorney will be able to anticipate potential challenges and develop effective strategies to overcome them. They will also be able to provide informed guidance and advice, and help you make informed decisions about your case.

Schedule a Consultation

When searching for a malpractice attorney near you, the most effective way to determine whether an attorney is the right fit for your case is to schedule an in-person consultation. This first meeting provides an opportunity for you to evaluate the attorney’s approach and assess their communication style. Meeting with multiple attorneys can be beneficial in finding the best fit for your medical malpractice case.

During a consultation, you can expect to discuss the details of your case, including the circumstances surrounding your injury and the impact it has had on your life. The attorney will likely ask you questions about your case, take notes, and provide an overview of their approach. This is also an opportunity for you to ask questions about their experience and their process. The attorneys at Warren Allen LLP offer free consultations for medical malpractice cases. Discuss your case with an experienced attorney, and take the first step toward seeking justice for your injuries.

Who Are the Experts Used in Medical Negligence Law?

Who Are the Experts Used in Medical Negligence Law?

Written by George McCoy on . Posted in Medical Malpractice.

When patients suffer injuries or illnesses due to medical errors, they or their families may seek compensation through medical malpractice claims. Even if a medical malpractice case seems straightforward, medical negligence law is a complex and specialized field that requires knowledge in both law and medicine. Proving medical negligence can be especially difficult, which is why these cases often require the testimony of expert witnesses.

Expert witnesses provide their objective opinions on complex medical issues, helping the courts understand the intricacies of medical care. The use of expert testimony in medical negligence law is key, as it establishes whether a healthcare provider’s actions were reasonable and within the bounds of accepted medical practices, according to other medical professionals, or if a healthcare provider’s actions fell below the accepted standard of care. Expert witnesses can have various backgrounds, including medicine, law, and forensic science. Each one brings a unique perspective to the case and usually plays a critical role in helping attorneys prove negligence.

At Warren Allen LLP, we are experienced in medical negligence law and understand the value of partnering with the right expert witnesses to build strong cases. Experts can provide the best possible representation for clients, helping them achieve the compensation they deserve.

Medical Expert Witnesses

In medical negligence law, medical expert witnesses are healthcare professionals with specialized knowledge and experience in a particular area of medicine. By reviewing medical records, testifying in court, and providing written reports, medical expert witnesses help attorneys, juries, and judges understand the standard of care that should have been provided in a given situation. They also provide objective opinions on complex medical issues related to a case.

Physicians, for example, may provide expert testimony on the standard of care for a particular medical condition or procedure, while nurses may provide insight into the nursing care that was provided. Other healthcare professionals, such as physical therapists or occupational therapists, may provide expert testimony on the rehabilitation and treatment of patients.

The objectivity and expertise of medical expert witnesses are essential in medical negligence law, as they should provide unbiased but informed opinions. Whether testifying in court or through written reports, medical expert witnesses are often necessary to pursue justice in medical malpractice cases.

Legal Consultants

Legal consultants also play a supporting role in helping attorneys build strong cases. These consultants are experienced professionals who understand the legal standards and practices that govern medical malpractice claims. By providing expertise on the legal aspects of a case, legal consultants help attorneys develop effective strategies and make informed decisions.

A legal consultant’s range of services could include case analysis, strategy development, or expert witness identification. They can help attorneys better understand the nuances of medical negligence law, including the statutes of limitations, requirements for proving negligence, and potential defenses that may be used. Identifying these potential weaknesses and strengths can help attorneys develop effective counterarguments.

Legal consultants can also help attorneys identify and evaluate other expert witnesses, ensuring they are qualified to provide testimony by providing guidance on the legal standards and practices that govern expert testimony.

Forensic Analysts

In medical negligence law cases, forensic analysts are experts trained to analyze complex scientific and technical evidence and provide objective opinions on the facts of a case. Applying their knowledge of forensic science, engineering, or other technical fields, they can help attorneys understand the specificities of a case and identify potential causes of injury or harm.

For example, a forensic analyst could provide expertise on medical device failure or pharmaceutical errors, or reconstruct the sequence of events surrounding the incident. They can analyze evidence like medical records, laboratory results, and product design specifications, providing opinions on whether a product or procedure was defective or used improperly.

Experienced attorneys work closely with forensic analysts to identify evidence, provide expert testimony in court, and give clear explanations of complex technical concepts. This helps judges and juries better understand the facts of a case and make more informed decisions when awarding damages.

Life Care Planners

By analyzing a patient’s medical records, treatment plans, and other relevant information, life care planners can develop comprehensive plans that outline a patient’s future care needs and associated costs in medical negligence law cases. These experts are usually nurses, rehabilitation specialists, or other healthcare professionals with experience in case management and care planning.

Life care planners provide expertise on issues like future medical expenses, rehabilitation needs, and assistive technology requirements. They help the court understand the extent to which a patient’s injuries will impact their daily life and the costs associated with providing them with the necessary care and support. Demonstrating the full extent of the patients’ damages and advocating for fair compensation, they help courts make informed decisions about the amount of compensation that should be awarded to injured patients.

Economists

In medical negligence law cases, economists use their expert knowledge of economics and finance to analyze and provide objective opinions on the financial impact of a patient’s injuries, including lost wages, medical expenses, and other economic losses.

Using statistical models and economic analysis, they can process information on the patient’s income, employment history, and medical expenses and use this information to estimate the patient’s future economic losses.

In medical negligence law, building a strong case requires the expertise of a multidisciplinary team of professionals. From medical expert witnesses to life care planners and economists, each of these experts plays a critical role in helping attorneys prove negligence and secure fair compensation for injured patients. By working together, they can provide a comprehensive understanding of the patient’s injuries, the standard of care, and the economic damages suffered. The attorneys at Warren Allen LLP are a trusted resource for those seeking legal guidance and representation in medical negligence law cases. With our experience working with expert witnesses and our commitment to client-centered advocacy, we provide both the expertise and support needed to achieve a successful outcome.

What Questions to Ask After a Car Wreck in Oregon?

What Questions to Ask After a Car Wreck in Oregon?

Written by George McCoy on . Posted in Car Accident, Personal Injury.

Being involved in a car accident, even a minor one, can be disorienting. One of the best things you can do to prepare just in case is to know what information you might need to gather to help protect your rights.

For instance, whenever possible, take pictures of vehicle damage (from several vantage points), license plates, driver’s licenses and insurance cards, any visible injuries, and the scene of the accident itself (including weather conditions, skid marks, traffic signals or signs, other vehicles, debris, etc.). Also, write down as much information as you can, especially about road conditions, weather, or other contributing factors, as soon as possible while your memory is fresh.

The personal injury attorneys at Warren Allen LLP have worked with many clients throughout the Pacific Northwest and have put together helpful guidance on the questions you should ask after a car wreck in Oregon, in addition to documenting the scene, to be ready for potential legal or insurance claims.

Questions to Ask Immediately

Although it can be difficult to think clearly after a car accident, it’s important to try to stay calm. The most important immediate consideration is the safety of everyone involved. Useful questions could include:

  • Is anyone hurt? If so, call 911 for an ambulance.
  • Are we in a safe spot? If there are no injuries and the vehicles are operable, move them to the shoulder of the road or to a safe location near the scene of the accident, such as a parking lot, to make room for other motorists and emergency response vehicles. Oregon law actually requires drivers to remove vehicles from the roadway after an accident in these situations.
  • Can other drivers see us? If there are injuries or you are not able to move your car, do your best to make sure other drivers can see that your vehicle is disabled to prevent secondary collisions. Turn on your hazard lights and use roadside flares or warning triangles if you have them.
  • Once everyone is as safe as possible, the next question to ask is, Do I need to report the accident to the police? In the case of a car wreck in Oregon, drivers are required to inform law enforcement if the accident results in death or injury, more than $2,500 in damages (to vehicles or property), or a vehicle being towed from the scene along with damage over $2,500. Remember that you will need to file a Collision and Insurance report with the DMV within 72 hours of the accident if it meets the above criteria.

Questions for Law Enforcement

When police arrive at the scene, it can be helpful to ask certain questions to make sure you have the necessary information should you need to pursue a legal or insurance claim later. Ask for the responding officer’s name and badge number and which law enforcement agency they are affiliated with. You can also ask for the case number (sometimes also referred to as an incident number), how you can access a copy of the police report, and if the officer is issuing any charges or citations.

Questions for Others Involved

No matter who is at fault in the accident, it’s important to exchange information with the other driver or drivers. Ask for full names and contact information. If possible, you should also ask to see their insurance card and take a picture of it so that you have a record of their insurance company, a policy number, and a phone number. Do they own the car, or if not, who is the owner? Make note of the make, model, color, and license plate number of each vehicle involved. Take down the names of any passengers involved as well.

As you gather information from the other drivers, be careful not to admit fault. Avoid apologizing, since an apology could be interpreted as accepting blame for the accident.

Questions for Witnesses

If other drivers or pedestrians witnessed the accident and have stayed at the scene, you can ask questions to get witness statements. Getting information from witnesses is best done as soon as possible since memories tend to fade or change with time. Basic questions for witnesses could include:

  • Can I have your name and contact information?
  • What did you see or hear?
  • Were you driving, stopped, parked, or standing nearby? Where?
  • Are you willing to give a witness statement to law enforcement or to an insurance adjuster?

Questions for Your Insurance Company

Although it’s a good idea to be familiar with your insurance policy before you ever need it, you should speak with your insurance agent as soon as possible after a car wreck in Oregon. Be sure to talk with your own insurance company before you give any statements to the insurance company of the other driver. Ask about your policy’s coverage and limits. Oregon has specific car insurance requirements, but it’s possible that you have additional coverage as well.

Can your insurance company help with car repairs or a rental vehicle? Do they require a detailed statement? How much time do you have to file a claim? Will your premiums increase if you file a claim? What documentation do you need to provide?

Questions for a Personal Injury Lawyer

In certain cases, you might need to consult with a personal injury lawyer. For instance, if you or someone in your vehicle is injured in the accident, if fault is being disputed, if the other driver’s insurance company or attorney contacts you, or if you feel like you are being pressured to admit fault or accept a settlement that is less than reasonable.

When looking for a reputable personal injury lawyer, ask about their experience with cases similar to yours and if they specialize in personal injury. You can ask about their success rate and if they have trial and court experience. They should also provide you with clear information about their fees and pricing structure. Many personal injury lawyers work on a contingency basis where they do not get paid unless you win your case. If you have been in a car wreck in Oregon, the personal injury team at Warren Allen LLP would be happy to discuss your case and your options with you. You don’t have to face this challenging time alone. Let our team be your team. Schedule a consultation today!