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Is a Dog Bite Injury Attorney Worth It?

Is a Dog Bite Injury Attorney Worth It?

Written by George McCoy on . Posted in Personal Injury.

When an encounter with a dog turns into a painful dog bite injury, it can be a traumatizing experience. A dog bite’s physical and emotional repercussions can be overwhelming, leaving victims with medical bills, lost wages, and a lasting fear of dogs. In such cases, seeking legal representation from a dog bite injury attorney can make a significant difference in obtaining fair compensation and justice.

Expertise in Dog Bite Laws

First and foremost, navigating the legal process can be complex and overwhelming, especially when dealing with a dog bite injury. Dog bite laws can be complex and vary from one jurisdiction to another.

Hiring a dog bite injury attorney means having a legal professional specializing in personal injury cases, specifically those related to dog bites. They have an in-depth understanding of the laws and regulations governing dog bites in your jurisdiction. This knowledge allows them to navigate the legal landscape efficiently, ensuring your rights are protected and you receive the compensation you deserve.

If you are looking for a skilled dog bite attorney in Portland, Warren Allen has the expertise to maximize your claim and get you the compensation and peace of mind you deserve.

Determining Liability

Determining liability in a dog bite case is crucial for receiving compensation. In some jurisdictions, strict liability laws hold dog owners responsible for their pet’s actions, regardless of whether they knew about their dog’s aggressive tendencies. In other areas, the “one-bite rule” may be in effect, where the owner is liable if they were aware or should have been aware of their dog’s dangerous propensities. A dog bite injury attorney can assess the circumstances of the incident, gather evidence, and establish liability, strengthening your case.

Gathering Evidence

To build a strong case, it’s essential to gather relevant evidence. A dog bite injury attorney has the necessary experience and resources to collect and preserve evidence that supports your claim. They can obtain medical records, witness statements, photographs of injuries and the scene, and any other evidence needed to establish the severity of the dog bite and its impact on your life. Their expertise in handling evidence can significantly increase the chances of a favorable outcome.

Negotiating with Insurance Companies

Furthermore, a dog bite injury attorney can effectively negotiate with insurance companies on your behalf. Insurance companies are notorious for attempting to minimize payouts and protect their own interests. They will often offer settlements far below what the victim is entitled to. When dealing with a dog bite injury claim, you may face challenges from the dog owner’s insurance company.

An experienced dog bite injury attorney can handle negotiations with the insurance company on your behalf, ensuring that your rights are protected and that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages. Having a knowledgeable attorney by your side significantly increases your chances of securing a fair settlement. They have the experience and legal acumen to negotiate and counter any attempts by the insurance company to undervalue or deny your claim.

Maximizing Compensation

One of the primary benefits of hiring a dog bite injury attorney is their ability to assess your case’s value accurately. Dog bite injuries can result in significant physical, emotional, and financial hardships. A skilled attorney will fight to ensure you receive the maximum compensation for your case. They can assess the full extent of your damages, including medical bills, future medical expenses, rehabilitation costs, lost wages, loss of earning capacity, and emotional distress.

By calculating the actual value of your claim, they can pursue a fair settlement or represent you in court if necessary. This comprehensive evaluation ensures that you pursue a fair and just compensation amount.

Peace of Mind

Hiring an attorney is undoubtedly worth it if you’ve been injured by a dog bite. Dealing with the aftermath of a dog bite injury can be overwhelming, especially when you’re already coping with physical pain and emotional distress. By hiring a dog bite injury attorney, you can focus on your recovery and well-being while leaving the legal complexities to a trusted professional. Their expertise in dog bite laws, ability to determine liability, and skills in gathering evidence and negotiating with insurance companies are invaluable. Additionally, their commitment to maximizing compensation and providing peace of mind during a challenging time makes them vital allies in your pursuit of justice.

Moreover, a dog bite injury attorney understands the emotional toll a dog attack can have on a victim. They provide not only legal but also emotional support throughout the entire process. Dealing with the aftermath of a dog bite can be distressing, and having a compassionate attorney who genuinely cares about your well-being can make a significant difference. They can help connect you with resources such as therapists or support groups to aid in your recovery.

Most dog bite injury attorneys work on a contingency fee basis, meaning you don’t have to pay upfront fees. The attorney’s fees are contingent upon winning your case or securing a settlement. This arrangement allows individuals who may not have the financial means to hire legal representation to still have access to justice. It also means that the attorney has a vested interest in obtaining the best possible outcome for you.

Working with an attorney can be highly advantageous if you have suffered a dog bite injury. They possess the legal knowledge, negotiation skills, and courtroom experience to navigate the complexities of personal injury law and fight for your rights.

From accurately assessing the value of your case to negotiating with insurance companies and representing you in court if necessary, a dog bite injury attorney is dedicated to obtaining fair compensation for your injuries and aiding in your recovery. The attorneys at Warren Allen LLP are experienced and ready to help with dog bite cases and much more. Contact us today to see how we can help support you.

How To Prepare for a Personal Injury Deposition

How To Prepare for a Personal Injury Deposition

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

If you have been injured in an accident and have filed a personal injury claim, you may have to give a deposition. Though it is an important step in building a personal injury case, there are ways to prepare for an effective deposition. Preparation is key, as a deposition is an opportunity for both parties’ attorneys to gather evidence. Your attorney is your ally and will be with you throughout the entire process.

It’s natural to have questions regarding your personal injury deposition. You may wonder how to prepare for a deposition or even what a deposition is. The more comprehensive your preparation, the more effective your deposition is toward a positive outcome.

Below is a guide to help you understand what to expect and how to prepare:

What Is a Deposition?

Before delving into how to best prepare, it’s essential first to understand what a deposition is. Depositions typically occur in an attorney’s office and are recorded by a court reporter responsible for providing transcripts. A witness (deponent) is asked questions under oath by the attorneys to preserve the witness’s testimony and gather facts about what the witness knows. The attorneys use this information to gather evidence and prepare for trial.

Lawyers from each side are present and have opportunities to ask questions. It’s important to answer these questions carefully and truthfully; the deposition could be used in court, and false statements can have civil and criminal penalties. Under most circumstances, a deponent is obligated to answer all questions. Your attorney will search out favorable evidence, while the opposing attorney will seek evidence favorable for their client. The preparation leading up to your personal injury deposition will better ensure you are not surprised by their questions and are poised to answer truthfully and cautiously.

Review the Facts

One of the best ways to prepare for a deposition is by reviewing the facts of your case with your attorney. You must answer questions correctly and accurately. Review pertinent details surrounding the accident, any injuries, and treatment received. You’ll need to include what happened and the timeline of events and resulting injuries or pain and suffering.

Make sure to review the strong points of your case. Is the defendant liable? How have the injuries affected your life? Think through the injuries and how they impact your daily life. Record your experience, keep detailed notes, and review statements and medical records. The opposing attorney will try to poke holes in your case, but your attorney can help you understand how to answer questions meant to discredit your testimony. Reviewing the facts of the case keeps these facts at the forefront of your memory. It enables you to answer truthfully without allowing the opposing attorney to confuse the details with leading questions.

Listen Carefully and Pause Before Answering

Listen to the entire question before answering. It’s essential to fully understand the question before answering. Listen, pause, then answer. Pausing allows you time to think through your response and allows your attorney to object if necessary.

If you do not understand, ask for clarification. Don’t answer a question you don’t understand, as this can lead to false information or misrepresenting the facts. If you are in doubt, ask for clarification or rephrasing. If you did not hear the question, ask the attorney to repeat it. Remember to stay calm; you have a right to understand each question, and taking the necessary time is okay.

Don’t Volunteer Information

Only answer the question that is asked. Once you answer, stop talking and wait silently. Though you are under obligation to answer asked questions, you are not obligated to explain your answer unless explicitly asked to. Answer the question that is asked and refrain from volunteering additional information.

Keep your answers brief, and refrain from adding information that the attorney did not request. If an attorney needs an explanation, they will ask for it. If the answer is a simple “yes,” then respond with “yes” and quietly wait for the next question.

Answer Truthfully

A personal injury deposition is under oath, so you must answer truthfully. Lying or trying to distort the facts in your favor can harm your case. Answer truthfully and keep to your original answer. Changing your testimony can be detrimental. If the opposing attorney repeatedly asks similar questions, keep to your testimony. They can use this tactic to sway your testimony so you eventually give a different answer.

If you do not know the answer or don’t remember, simply say so. “I don’t know” or “I don’t remember” are acceptable and appropriate answers. If you are unsure about a particular detail, don’t guess or make assumptions, as this can harm the case. If you genuinely don’t know or cannot remember, respectfully say so.

Communicate With Your Attorney

Your personal injury attorney represents your interests, so it’s important to communicate with them honestly. This is especially true if you have concerns regarding your case. If you believe there have been any mistakes in your testimony, communicate this to your attorney during the break. Let your attorney know if you forgot to mention an important detail. These can be clarified after the break, on the record.

It’s also important to note that questions can be asked regarding your background beyond the accident. These include your education, credit history, personal relationships, prior accidents, etc. These are typically not admissible, but if there is anything problematic in your background, notify your attorney so they can advise you how to answer.

Remember, your attorney is your ally in your personal injury deposition. When you need legal representation in Oregon or Washington, contact the team at Warren Allen LLP. We provide solid advice and representation to help you receive compensation. Equipped with the right attorney, you can stay calm and professional, knowing you are thoroughly prepared for a successful deposition.

How Do I Get Compensation for a Dog Bite

How Do I Get Compensation for a Dog Bite

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

You may be entitled to compensation if you or a loved one has sustained injuries from a dog bite. Though an animal attack can be a traumatic experience, having people supporting you through the process can ease unnecessary stress. Working with an experienced dog bite lawyer means they can take the lead so you can focus on healing.

It also ensures you follow all the necessary steps in a timely manner, so you don’t lose out on the compensation you may be owed. Read on to learn what these steps are so you can get your medical bills covered, along with other losses:

Seek Medical Treatment

After a dog attack, there are two critical steps to take: seek medical treatment and representation. With every emergency, make sure to put your health and safety first. Once you are safely removed from the threat, have your injuries assessed by a healthcare professional. Don’t delay visiting urgent care or the emergency room or calling 911 if necessary.

Left untreated, dog bites can lead to severe or even fatal infections. It’s crucial you seek medical attention so a professional can determine the severity of the bite, as well as treat symptoms while preventing infection.

Other serious symptoms may include uncontrollable bleeding, swelling, oozing from the wound, fever, pain, and possible nerve or bone damage from a deep wound. Aside from infection and nerve or bone damage, you may be at risk of tetanus, rabies, or sepsis. Make sure you get proper care for the dog bite immediately to avoid further harm.

Document Everything

In order to seek restitution, make sure to document all details and keep copies of any relevant paperwork. Record the particulars of what happened, when, and where it happened. Include as many details as you can remember. This will help your case in proving the dog owner was liable for your injuries. Not all states have the same laws in regard to dog bites, so it’s important to document everything to help determine liability.

Keep records of all losses directly related to the dog attack. These losses can include economic losses, non-economic losses, and punitive damages. If you also suffered any property damage, medical bills, or lost wages, record these details and gather documents as evidence.

Remember, not all losses are economic. You can seek compensation if you have experienced any pain and suffering or emotional distress. Punitive damages may be rewarded if the dog owner is found to exhibit willful or malicious behavior. Keep a journal of your experiences, including photos and written accounts. A comprehensive record will be your ally alongside an experienced attorney.

Collect Evidence

In conjunction with your written account of the events, gather as much evidence corroborating these details. If there were any witnesses to the incident, collect their names and contact information. Take photos and videos from the scene of the attack. Include photos or videos of the dog as well as the location of the attack. Document your injury and any torn clothing. If there is any physical evidence at the scene, such as torn clothing or blood, take photos and keep the clothing.

Are there prior animal control reports or videos displaying aggression from the dog? Is there testimony that the dog was roaming loose? Is the fence broken, showing the dog could have escaped? Record all pertinent details.

In addition to evidence from the scene, keep copies of all medical bills and records as well as bank account statements and pay stubs for any lost wages. These documents will aid you in your case when determining how much compensation you may be entitled to.

Notify Authorities

It will help your claim, as well as help prevent future attacks if you notify Animal Control. Reporting the attack will also create an official report that can be used as evidence in your case. A simple internet search will lead you to the correct division and number for Animal Control. Or, if you are unsure, call the police.

Partner With an Attorney

As mentioned earlier, another critical step in getting help after a dog bite is hiring an attorney. The right dog bite lawyer will be well-versed in dog bite laws for your state and experienced in personal injury cases similar to yours. Their knowledge and skill will be your strongest ally when seeking fair compensation. They will know the actual value of your claim and represent your interests so you don’t settle for less than what your claim is worth. They will negotiate accordingly and help you avoid quick settlements or insurance companies trying to minimize how much you receive.

A skilled attorney will guide you through the entire process, making sure you know what to file and when so you don’t miss deadlines or necessary paperwork. They can also talk to the adjuster on your behalf and help you with your statement. An attorney will give you peace of mind as they expertly navigate your claim and help you compile a comprehensive case. They are also knowledgeable in local dog bite laws, which factor into the value of your claim. Does your state have a one-bite rule? What are their laws for contributory or comparative negligence? Did the dog bite your child, and is the owner trying to blame them for trespassing or aggravation? These laws can be complex and intimidating. Let your dog bite lawyer take the lead with expert knowledge and solid legal advice.

The Bottom Line

Shop around for an experienced personal injury lawyer familiar with local dog bite laws. Keep written records and supporting evidence of the injury, treatment, and any relevant loss.

When you are ready to file a claim, contact the expert team at Warren Allen LLP. Our firm is ready to advise and represent you so you can receive fair compensation and the best resolution possible. Contact us today, and we’ll help you go through your options.

What to Bring the First Time You Meet With Your Portland Divorce Attorney

What to Bring the First Time You Meet With Your Portland Divorce Attorney

Written by George McCoy on . Posted in Family Law.

If you’re considering getting a divorce, one of the first steps you should take is to meet with a Portland divorce attorney. This legal process can get messy, so it’s better to be safe than sorry. These attorneys, who practice family law, will provide an expert hand to guide you along this challenging path.

Read on below for a breakdown of the essential documents you should bring to your first meeting with a Portland divorce attorney:

Tax Returns

Your tax documents are beneficial in proving your income and financial situation, as well as your spouse’s. Be sure to bring at least the previous year’s tax returns, but bring two years of tax returns if possible.

Showing these documents will give your attorney a good idea of your finances. These documents will come into play if you and your spouse need to figure out payments like alimony and child support. And don’t forget to include W2s or 1099s.

Proof of Income

In addition to tax returns, bring other documents that showcase your income and your spouse’s. It will be helpful to your attorney to have the last three pay stubs for you and your spouse. Tax returns are crucial for demonstrating your income and finances, but pay stubs provide a more thorough breakdown, such as hours worked, rate of pay, and any bonuses or overtime.

Bank Accounts

Protecting your finances is one of the reasons you should meet with an attorney before officially filing for divorce. In many cases, it is also why you should consult with legal services before breaking the news to your spouse.

If you have assets you want to protect and are worried your spouse will try to hide them and any accounts; it’ll help to provide your attorney with the documented proof before taking any action.

Debts

You’ll need to bring documentation on all debts, including credit card debts and different kinds of loans, from car to student loans. Again, giving your attorney a complete picture of your financial situation as soon as possible is imperative. An experienced divorce attorney will also help you determine which debts are shared and which are solely yours or your spouse’s.

Types of Agreements

Not everyone has a prenuptial agreement, but if you signed one before getting married, it will surely come into play as you divorce. Show the contract and documents to an attorney, so they can determine what is and is not enforceable.

It’s a brilliant idea to consult an attorney before asking your spouse for a divorce. If you’ve been separated for some time or separation was already in the works, let your attorney know. If you have a separation agreement, bring those documents to your meeting. If you don’t have one, your attorney can help draft this agreement.

Mortgages or Deeds

Property division will usually come up in divorces. If you own property, bring the documents with information about any mortgages, deeds, titles, etc. Include any statements of monthly payments.

Investments and Retirement Accounts

Letting your attorney know about these accounts ahead of time helps to best divide them. If not divided properly, you may be subject to tax penalties. This can include IRAs, 401ks, or 403bs.

Medical Records

Do you or your spouse have any medical conditions that may influence a divorce case’s outcome? Are there medical conditions, mental health concerns, or debilitating illnesses that would affect one’s ability to parent? If so, bring along documents showcasing this in addition to the financial records. You will want to give a complete picture of your marriage and any details that could come into play and impact a settlement.

Significant Messages and Exchanges

If any records of specific interactions may help your case, including emails, text messages, and social media interactions, be sure to bring them. Bring along documentation of these if there’s any information enclosed that you think would be important.

While these are sometimes included because of inflammatory statements, they are also helpful in providing a snapshot of how you and your spouse communicate. Also, be upfront about any text message conversation or other interaction where you came off poorly. Trying to hide those won’t do you any favors. If you provide the information to your attorney ahead of time, they can help you figure out how to handle it. If not, you could be caught off-guard when your spouse brings this up.

Criminal Records

A criminal record is a very serious factor that your attorney should be aware of as soon as possible. Criminal records are important if your spouse has been abusive, if you ever had to file a restraining order against them, or if your spouse has been arrested or charged for something else.

A criminal record is one factor that can be incredibly important for determining child custody.

Additional Documentation

If you have any calendars or journals that have important information on them, bring those in as well. They may not be official documents, but they can provide proof to back up your side.

Any Important Inquires

Another important thing to remember is to use this meeting to ask any questions. Remember, these meetings are protected by the attorney-client privilege. Divorce is a personal process, but don’t hesitate to ask any questions you may have.

It is probably wise to look through a series of frequently asked questions before the meeting, so that you’ve covered the basics. Divorce attorneys are experts in this field, but more than likely, you haven’t had to go through this legal process before. So, it’s understandable that you won’t know everything by your first meeting. Don’t hesitate to continue asking questions to your attorney after this first meeting as well.

You can find more information on our Portland divorce attorneys by visiting our firm’s website at Warren Allen LLP. We’ve provided excellent legal services to the area for decades, and our experience and expertise will help your case find the most favorable outcome possible.

What Information Does My Personal Injury Attorney Need From Me?

What Information Does My Personal Injury Attorney Need From Me?

Written by George McCoy on . Posted in Personal Injury.

If you were seriously injured in an accident, you will want to ensure financial compensation for your out-of-pocket costs by hiring a personal injury attorney. An accident could come from falling on someone’s property, a motor vehicle collision, getting bitten by someone’s pet, or other personal injury situation that may have caused you to become hurt and seek out expensive medical assistance to treat your injuries.

If you are working with or planning on working with an attorney to seek financial compensation for your personal injury claim, you’ll need to know what important information your attorney in Portland, OR may need from you.

We’ve listed below some important things you should know about a personal injury claim, and what sort of things you’ll need to provide to your attorney:

Why Choose a Personal Injury Attorney?

When hiring a personal injury attorney, not only will you be able to claim any medical expenses caused by your injury, but you may also be able to receive compensation for property damages. You could also receive damages to offset any earned income you may have missed out on due to being unable to work while you heal from your injuries. Even if you have purchased insurance that may help cover the costs of your medical bills and any damages to your property, you may benefit from obtaining legal counsel to ensure you receive the largest settlement that you are entitled to.

Insurance companies are for-profit entities that will try to pay out as little as possible in order to squeak out a profit despite your insurance claim. They do not have your best interests at heart when offering a settlement claim for your injuries. Small accidents with minor injuries may be easy to settle without a personal injury attorney to help guide you through the process. However, serious injuries may not be fully compensated if you are left without legal representation. This could leave you with expensive medical and property bills that you would have to pay for if the agreed upon settlement was not enough to cover the financial burden.

Provide Your Attorney All Incident Reports or Law Enforcement Reports

Typically, when there is a car accident or a physical injury, a call to the police is made for the safety of all involved. Not only is everyone’s safety protected when a call for help is made, but a police officer writes an official record of what happened. This report can help you when attempting to recoup your losses after the accident has passed and you are left with all the bills to sort through and figure out how to pay.

It is very important that you provide your attorney in Portland, Oregon or wherever they reside, with copies of all incident reports taken at the scene of the accident. Oftentimes, police reports will document any eyewitnesses who are on scene and able to back up your claims of what happened. These eyewitnesses can testify on your behalf to ensure you receive financial compensation for any incident that was not your fault.

In addition to any police reports, you would want to obtain copies of any incident reports that may have been logged if your accident happened at a place of business. Oftentimes, businesses

will have their own incident reports taken from employees’ recounts of what happened in case there is a need for proof of the incident for either insurance purposes or for legal claims. Obtaining copies of any and all incident reports for your attorneys can be helpful in discovering potential new leads or new evidence to back up your claim.

Take Pictures and Send Them to Your Legal Team

Taking photos of your injuries at the time of the incident can help back up your case and should definitely be provided to your legal team. You should continue to take photos of your injuries as they heal, showing your path to recovery, to help demonstrate your inability to work and earn income during any convalescence period.

Pictures of the scene of the accident or injury can help show how the incident occurred and can back up your case.If you were in a car or bicycle accident, or pedestrian crossing accident, be sure to capture the roadways, showing the layout of the lanes and signage. Taking pictures of the emergency response at the scene of the accident can be helpful as well.

If you are claiming restitution for any property damage, taking pictures of the damage at the scene of the accident can be extremely helpful as well for your lawyer to have in order to strengthen your claims. Make sure to do this before any cleanup occurs, if possible.

Keep a Recovery Journal and Provide a Copy to Your Attorney

In order to show how your injuries have impacted your day-to-day life, it is a good idea to start a recovery journal. You can track the progress of your injuries as they heal, and how you are feeling each day.

You can log each medical appointment, as well as the outcome of each doctor’s visit. Demonstrating how your injuries have affected your life is your responsibility, and having a recovery journal can help your attorney provide proof of your damages.

Provide Any Bills and Any Insurance Information

If you have reached out to an insurance company (either yours or the other party’s) to try and recover your losses, it is important to keep copies of your correspondence with each insurance company and provide a copy of your logs to your attorney. You will also want to provide your legal team with the insurance company names, any associated policy numbers, and any schedules of coverage if available.

You must provide proof of your financial losses in order to prove damages and recoup your losses legally. If you have made any medical bill claims with your insurance company, it is important to provide the explanation of benefits (EOB) received for any medical visit processed through your insurance company. You want to provide proof of your out-of-pocket expenses, and having the EOBs available for your lawyer to review is very important.

For more information on what specifically your state requires in the case of a personal injury claim, reach out to a lawyer located near the site of the accident. If you are looking for a personal injury attorney in Portland, Oregon or surrounding areas, contact Warren Allen LLP today!

When to Contact a Medical Malpractice Attorney

When to Contact a Medical Malpractice Attorney

Written by George McCoy on . Posted in Medical Malpractice.

The COVID-19 crisis showed us that medical professionals like doctors and nurses are brave and incredibly hardworking. Most of the time, you can be sure that the healthcare professionals in your life are doing their best to help you, but there may be incidents where doctors, nurses, or medical institutions result in inadvertent harm rather than aid. Through negligence or error, medical professionals can hurt instead of heal, and those are the times when you might consider hiring a medical malpractice attorney in Oregon or wherever else it is you might be.

In the case you’ve suffered injury as a result of medical malpractice, it may be necessary for you to work with a medical malpractice attorney to help you be made whole again. In this blog, we’ll examine the following questions:

  • What is medical malpractice?
  • What are some common examples of medical malpractice?
  • When should you hire a medical malpractice attorney?

What Is Medical Malpractice?

Medical malpractice is harm done by a medical practitioner, from a doctor to an anesthesiologist to a nurse or nurse practitioner. In layman’s speak, medical malpractice can refer to any treatment from a medical professional that results in substandard care.

From a legal perspective, there are three key components to medical malpractice:

  • There must be a relationship between doctor and patient. A medical professional who published a paper about a new treatment that wound up causing harm could not be accused of medical malpractice; only the doctor who recommended the treatment to their patient.
  • The medical professional must have been negligent. A healthcare professional who can argue that they were doing their best for the patient would have a potent defense against malpractice. For instance, the doctor who recommended the revolutionary new treatment mentioned in the first point would have an argument against malpractice. Similarly, a neurologist on a plane flight who was asked to help a patient suffering a heart attack could plausibly argue that they didn’t have the tools or expertise to properly help.
  • The negligence had a direct connection with the injury in question. The worst ophthalmologist in the world negligently giving an eye exam probably won’t be on the hook for medical malpractice if a patient has a heart attack while in their doctor’s office. Unless it can be shown that there is a direct line between negligence and harm, a medical malpractice claim is unlikely to stick.

What Are Common Types of Medical Malpractice?

Now that we’ve examined the criteria that define medical malpractice, let’s look at some of the most common types of malpractice that people might be unfortunate enough to encounter.

  • Misdiagnosis. An incorrect diagnosis can cost people valuable time in pursuing the correct treatment, and in the worst cases, by the time the real problem is identified it may be too late.
  • Medication. If a doctor prescribes you medication that has a poor reaction either with medication you’re already taking or a condition you’re known to have, then that is a classic example of malpractice.
  • Birth injuries. Childbirth can be a very dangerous time for both parent and child. Improperly handled childbirth that leads to injury for either party can be certainly considered malpractice.
  • Surgical mistakes. Errors during surgery that leave lasting harm instead of correcting the issue are a prime candidate for being considered medical malpractice.

When Should You Contact a Medical Malpractice Attorney?

Now that we’ve examined the sorts of scenarios that can be called medical malpractice, if you’ve encountered these situations, does that mean you should hire a medical malpractice attorney right away, whether you’re in Oregon or some other state?

The honest answer is “it depends.” If you think your case falls under the three criteria outlined in the first part of this post, then you certainly can consider hiring a medical malpractice attorney.

However, do keep in mind that medical malpractice can be difficult to prove and even with the best medical malpractice attorney in Oregon, you may be looking forward to a costly, prolonged legal battle. Therefore, if you believe you’ve suffered injury as a result of negligent care, your first step should be to file a medical malpractice claim with your state’s medical licensing board.

This will both inform your physician or health care facility that you are seriously unhappy with the quality of care received, and put pressure on them to reach an agreement that may result in your financial compensation without ever having to properly work with a medical malpractice attorney.

This will also result in your harm being officially investigated by the licensing bureau . While this may not directly result in restitution being made to you, it will make it more likely that harm does not come to any other people in the future as part of negligent behavior on the healthcare provider or institution.

Also, the medical licensing board can appoint an impartial arbitrator to analyze the facts and determine whether or not your medical malpractice case has enough substance to move forward, all without you having to spend a dime on a medical malpractice attorney.

However, if you do not have the time to wait for a medical licensing board to work, or if you believe your case is substantial, then you should contact a medical malpractice attorney as soon as you see fit. Medical malpractice attorneys are excellent partners for navigating the complex world of medical malpractice, and they can put together documents or navigate the law in a way that benefits you.

A medical malpractice attorney perhaps should not be your first go-to option, but in the event that you have suffered real harm at the hands of a negligent medical professional, hiring a medical malpractice attorney is a no-brainer.

If you’re looking for a top-class medical malpractice attorney in Oregon, it’s time to contact Warren Allen, LLP. We can help you find the restitution you seek and make you whole again.

5 Factors That Matter in a Strong Personal Injury Claim

5 Factors That Matter in a Strong Personal Injury Claim

Written by George McCoy on . Posted in Personal Injury.

Personal injuries occur unexpectedly, leaving victims with physical and emotional trauma, as well as financial strain from medical bills and lost wages. In such situations, it’s important to seek legal help from a qualified personal injury lawyer to navigate the complex legal process and obtain fair compensation for your losses. Determining the value of your injuries in a personal injury case can be complex.

There are several factors that make a strong personal injury claim, both tangible and intangible. Five key elements to consider when making a claim include liability, damages accrued, causation, timing, and your legal representation.

Liability

A crucial factor in a personal injury claim is establishing liability or comparative fault. Liability is the legal responsibility of the defendant for any loss or damage to the plaintiff. Comparative fault will determine the degree of responsibility each party had in causing the damages, both personal and general.

To establish liability you must prove that the other party was responsible for causing your injuries. If you were injured in a car accident, you must show that the other driver was negligent and that it was their actions which led to the incident. In some cases, liability may be clear-cut while in others, it may require further investigation and evidence gathering.

Damages

Another essential component of a personal injury claim is damages, or the losses you have suffered as a result of your injuries. This can include medical expenses, lost income, property damage, pain and suffering, and more. It’s crucial to document and quantify your damages thoroughly, in particular medical expenses, as this will determine the amount of compensation you can receive.

When you sustain an injury, it is important to understand and note its severity so you can take the necessary steps to ensure your health and safety. Depending on how serious the injury is, you may need to seek medical attention as soon as possible. If you find yourself in a situation where no medical attention is deemed necessary, it is still wise to rest and avoid any strenuous activities. This will assist in your recovery.

Be aware of signs such as swelling, tenderness, bruising, and persistent pain which can indicate a more serious injury. Complications arising from an injury are also a possibility. While relying on your own judgment can at times be beneficial, it is important to have faith in professionals who are well-versed in these matters, and to rely on them. Taking care of your body should always be a top priority. If you are not sure about the severity of an injury then it is safer to err on the side of caution and consult your healthcare provider for advice.

Testimony from witnesses, photos of property damage, pay stubs, physicians’ reports, and tax returns showing lost wages can all be used as evidence of damages incurred by an attorney or jury. By presenting detailed proof of harm caused as part of a personal injury claim, victims have a better chance at fair reparations for pain, suffering, and financial losses that were caused by another party’s negligent behavior.

Causation

In addition to proving both liability and damages, there is also a need to establish causation, or a connection between the other party’s actions and your injuries. This means demonstrating that the injuries you sustained were a direct result of the other party’s negligence or misconduct. Your personal injury lawyer can help gather medical records, witness statements, and other evidence to support your claim.

Timing

Timing is critical in personal injury claims. In most cases, you have a limited amount of time to file a claim- this is known as the Statute of Limitations. The Statute of Limitations is a law that regulates the amount of time a person or organization has to bring a legal action, such as a lawsuit, against another party.

In most cases, this period is four years from the date of the allegedly wronged party’s harm or injury. However, there can be variations and exceptions depending on the situation and state in which it takes place.

Knowledge is vital when it comes to the Statute of Limitations. Understanding when the Statute of Limitations applies can be vital for preserving rights and getting justice. Failing to file your claim within the statute of limitations can result in your case being dismissed, so it’s essential to act promptly and consult with a personal injury lawyer as soon as possible.

Legal Representation

Finally, having the right legal representation can make all the difference in the outcome of your personal injury claim. A qualified personal injury lawyer in Portland can provide you with expert guidance and advocacy throughout the legal process, from filing your claim to negotiating with insurance companies to representing you in court if necessary. A good personal injury lawyer will also help you navigate the complexities of the legal system and ensure that your rights are protected.

A strong personal injury claim requires careful attention to liability, damages, causation, timing, and legal representation. If you’ve been injured due to someone else’s negligence or misconduct, don’t hesitate to seek help from a qualified personal injury lawyer in Portland.

Hiring an attorney is an important decision. You should thoroughly research their qualifications, experience, and specialty to make sure that their skill set matches your need for legal services. Before finalizing your decision, it is best to have a consultation with the potential attorney to discuss your particular situation in detail. During this time you can have an open conversation regarding the timeline, budget expectations, and general approach they would take if hired.

Ultimately you need to be comfortable with who you hire as they will be representing you in court and advocating on your behalf. When hiring an attorney to represent you, trust your gut feeling. We at Warren Allen LLP Attorneys at Law can help you obtain the compensation you deserve and move forward with your life after a traumatic experience.

What To Do If You Are in a Hit-and-Run Car Accident

What To Do If You Are in a Hit-and-Run Car Accident

Written by George McCoy on . Posted in Car Accident.

Car accidents are stressful, no matter the circumstance. Add to that a hit-and-run, and the stress is manifold. Protect yourself and mitigate unnecessary stress by knowing how best to respond and what steps to take. The better prepared you are, the better your case for compensation.

Receive fair compensation so you can cover damages and medical bills, as well as any other losses resulting from the accident. Safeguard yourself against insurance companies who don’t represent your best interests by hiring an experienced car accident lawyer in Portland. A local lawyer understands state laws and will be your ally in a hit-and-run accident. 

Below are a few important steps to guide you through the process immediately following an accident so you can receive the best resolution possible and focus on what matters most: healing.

Prioritize Safety

First of all, make sure everyone is safe, including yourself. You may be worried about damages to your car and consequential expenses, especially if the other driver kept driving without taking accountability, but don’t let that distract you from what matters most. Your safety and that of your passengers are the most important.

Survey the scene. Is it safer to stay with your car or to remove all passengers and move to somewhere safer? If your car is on a busy freeway or intersection, you may run the risk of getting hit again. If you are able to move, get to a safer spot. However, if serious injuries have been sustained, it may not be safe to move. Assess the scene before deciding.

Is anyone injured? If you are able, call 911. If you are unable, tell someone else to call. Remember, some injuries are harder to detect, so when in doubt, make the call and don’t take any chances.

Call the Police

In the case of a hit-and-run, it’s important to immediately call the police without delay. A police report or accident claim needs to be filed to establish fault and aid in finding the missing driver. Since you are the victim of a hit-and-run, having the police involved will help your case. An official police report contains important details for the insurance claim, used to verify who is at-fault. This can help your claim if the other driver was responsible.

Even though the other driver fled the scene, try to jot down as many details about the car you can remember. You may not have been able to get the license plate number, but did you recognize the make or model of the car? What about the vehicle’s color? Which direction was it headed? Write details down as soon as possible, while your memory is fresh.

Collect Information

The more evidence and documentation you have, the better your case for claiming compensation. Document and record as much as possible. Take photos of any damage to your car and the scene of the accident. Where was the accident? Are there skid marks? Photograph, video, and write down what you observe. This includes personal injuries and symptoms. If you need medical care, keep copies of receipts and record your experience with treatment. What are your symptoms? Write these downs. Make sure to seek medical attention, if needed, as soon as possible.

As mentioned earlier, don’t wait to record these events. Write down your recollection of events while it is fresh in your memory. Include as much detail as possible.

When gathering information, collect contact information of any witnesses. A witness statement can help supply additional information about the accident. Ask if they are willing to stay to give a witness statement to the police. If they are unwilling to wait for the police, they can still make a witness statement to you. In this instance, make sure to get their contact information.

Enlist a Personal Injury Attorney

If you live in Oregon, hire a local car accident lawyer in Portland to represent your interests. No matter where you live, the right lawyer will have your best interests in mind and seek fair compensation. Insurance companies do not always act in good faith and may attempt to minimize how much you get.

A personal injury attorney with experience in hit-and-runs understands the law and how much your case is worth. They also know which documents must be filed by what deadlines. Hire an attorney to be your ally and represent your interests. They will ensure you receive compensation without delay and aren’t denied what you are owed by simple clerical errors or missed deadlines.

At Warren Allen LLP, our personal injury attorneys are here to help. Contact us for solid legal advice and representation. Our experienced team will help you receive fair compensation and the best resolution possible. If you have been in an accident resulting in injury or damage, contact our firm today and learn what your options are.

You may be entitled to more than you realize. Compensation can cover a range of expenses and symptoms, including, but not limited to:

  • Lost wages due to missing work
  • Future lost wages due to injury
  • Medical bills
  • Future medical costs
  • Punitive damages
  • Pain and suffering (physical or emotional)
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of consortium
  • Disfigurement or dismemberment

Enlist the help of an experienced attorney who understands what you may be entitled to and help you receive the compensation you deserve.

Notify Your Insurance Provider

Call your insurance company as soon as possible. You will need to contact your insurance company and provide basic information so you can start your claim. Though you are obligated to report the accident to your insurance company, do not give a recorded statement to the other driver’s insurance company.

Once you hire a Warren Allen lawyer as your attorney, refer the insurance company adjuster to us, since we will now represent you. When you authorize your attorney to represent your interests, you will no longer have to deal with the insurance adjusters directly. We will focus on your economic recovery so you can focus on what matters most- physical and emotional recovery.

Are Family Law Attorneys Just for Divorces?

Are Family Law Attorneys Just for Divorces?

Written by George McCoy on . Posted in Family Law.

When you’re looking to hire an attorney in Portland, it’s important to know what the different fields of law cover. If you’ve never needed a family law attorney before, you may be thinking that family law lawyers only handle divorces. While divorces are a large segment of this field of law, it’s far from the only thing they help clients with.

Why Might I Need a Family Law Attorney in Portland?

When it comes to major life changes, it helps to consult with an expert. For major shifts such as getting divorced, separating, or requesting a change in custody of a child, a family law attorney would be the expert to consult with.

The family law field covers legal disputes between two parties, usually family members, spouses, former spouses, domestic partners, or parents and children. Family law attorneys will help you navigate and resolve the issues involving that kind of relationship. They also understand the sensitivities involved because of personal matters.

Another thing to keep in mind is that laws, rules, required actions, and regulations vary for each state. Thankfully, experienced attorneys are experts in the guidelines of the states where they practice.

Aside from divorce, Portland family law attorney services include legal advice, support, and representation on nonmarital cohabitation, conservatorships, and family law-related appeals. Read on to find some more examples:

Prenuptial Agreements

As the name implies, this is a legal service conducted before a marriage is made legal. It often includes things like how property will be divided in case of a divorce. Family law attorneys can also help with postnuptial agreements.

Child Custody and Visitation Rights

Whether or not you were ever married, custody and visitation are an important part of a separation if you share children. This area entails creating guidelines for co-parenting, such as figuring out parenting plans and time schedules.

There are different kinds of custody:

  • Physical, or the amount of time spent with each parent.
  • Legal means the parents have a say in matters such as schooling, healthcare, and general lifestyle.
  • Sole custody means only one parent has primary physical and legal custody of the child, although the other parent may be allowed visitation.
  • Joint custody means it is split between both parents. This is not necessarily a 50/50 split. Decisions like the exact amount of time spent residing with a parent will vary depending on several factors.

Some parents can agree to an arrangement that satisfies them both, but some custody and visitation discussions can be very contentious. This is one of the very sensitive and emotional issues that family law attorneys are equipped to handle. If the parents cannot come to an agreement, the court will decide based on the children’s best interests.

Child Support

Attorneys can help come up with a child support agreement based on custody, income, and client’s wishes. Each state has its own child support guidelines, which a family law attorney will be familiar with. Attorneys are also used if a parent is not supplying the child support they were ordered to by the court.

Establishing Paternity

Establishing paternity can be an important aspect of deciding child custody and support. It’s another delicate and emotional legal matter where family law attorneys will provide immeasurable help.

Alimony and Spousal Support

Alimony or spousal support is a financial arrangement post-divorce. Typically, if one party makes significantly more than the other, they will pay a certain amount per month to their former spouse. It enables the spouse to continue living a similar lifestyle.

This is an agreement that can be temporary or permanent. The exact parameters of alimony will depend on the individuals and the state where they reside. For instance, certain jurisdictions have time limits.

Family law attorneys also handle palimony, which is a similar financial arrangement, only between two separated parties who were not legally married.

Marital Property

Division of property and/or assets may already be laid out in a prenuptial agreement, or the former spouses could come up with an arrangement that satisfies them both amid the divorce. In that case, it’s still wise to have an attorney to consult, as they’ll make sure everything is up to snuff.

There’s also a possibility that the division of property will be contentious. In some cases, this can be worked out and resolved with each party and their attorney. But if that still doesn’t settle things, the decision may be turned over to a judge and a court.

Some determining factors include income, length of marriage, the amount of property, and the spouses’ respective ages. The division of property can also vary by state. In some areas, a court will most likely determine that marital or community property should be divided up 50/50.

Legal Separation

Some choose a legal separation over a divorce. Since it is also a legal arrangement, it helps to have an attorney in your corner.

Adoption and Foster Care

Family law attorneys can act in facilitating a private adoption. Adoption can include a stepparent legally adopting their stepchild, and may require one or both biological parents to abdicate their status as parents.

Guardianship

Guardianship refers to being legally able to make decisions on behalf of another individual. It is often used for children and can be a step toward adoption. It can also be used when an adult is unable to take care of themselves. When guardianship is granted, the adult or child is then referred to as a protected person.

Emancipation

In family law, emancipation refers to a minor requesting to be released from the custody and control of a parent or guardian. Once granted, the minor will typically be enabled to make legal decisions for themselves instead.

Domestic Abuse

Family law attorneys take these accusations very seriously and will help with obtaining orders of protection.

For the best family law attorneys in Portland, look no further than our team at Warren Allen LLP. We have provided top-of-the-line legal services to the Pacific Northwest area for over fifty years now. For more information on our Portland family law attorneys, visit our website.

What Happens After You Hire a Personal Injury Lawyer?

What Happens After You Hire a Personal Injury Lawyer?

Written by George McCoy on . Posted in Personal Injury.

Have you hired a Portland personal injury attorney and are wondering what happens next? Warren Allen LLP will explain what to expect. On the other hand, if you have not yet hired a personal injury attorney, be sure to do your research and schedule an initial consultation first. Once you have your consultation scheduled, come back and review these steps so you know what questions to ask.

From initially retaining a personal injury attorney to case resolution, Warren Allen LLP will take the guesswork out of the experience so you can be as prepared as possible.

Collect Documentation

A personal injury attorney has to first be able to make your case for why the liable party is at fault and why you should be justly compensated for your injury. To do this, your attorney will need all the relevant evidence and documentation that you’ve collected about your injury.

For instance, if you’ve collected witness contact information or photos of the injury scene, you should turn those over to your attorney. You should also describe what happened in as much written detail as possible. If you’ve taken notes about your symptoms or medical visits, you should hand those over to your attorney as well.

As your case progresses, continue to keep notes about your medical visits, prescribed treatment plans, and any injury-related symptoms. Be sure to follow all of your doctor’s orders as you seek treatment. If you fail to do so and your injury worsens, you could be viewed as negligible and even perceived to be responsible for your deteriorating condition.

Everything related to your injury, regardless of how large or small, should be disclosed to your attorney. It may seem relatively insignificant to you, but it could have major importance to your case. For instance, if you get calls from the other party’s insurance adjuster, be sure to disclose that to your attorney and seek their counsel before speaking with anyone about your case.

Serve Notice

Once your personal injury attorney has all the relevant documentation, they will serve notice of your intent to pursue civil action to all the parties involved in the case. In fact, once the liable party’s insurance company receives notice that you have retained representation, they should not reach out to you going forward. If anyone reaches out to you regarding your case, direct them to speak with your legal counsel and notify your attorney right away.

Serving notice does not necessarily mean that the case will proceed to litigation. In fact, many people seek to avoid litigation altogether. Serving notice to the liable party simply starts the process so that both sides can begin negotiating a settlement.

Investigate the Case

Your attorney will then get to work on your personal injury claim in order to build the strongest case possible. For example, if you’ve provided witness contact information, your attorney will reach out to them to gather statements about what they saw or heard at the time of your injury. In some instances, your attorney may return to the scene to take photos and notes about where the injury occurred. Depending on the circumstances, your attorney may also hire a private investigator.

Attempt to Settle

Before your case goes through the formal legal process, your personal injury attorney will attempt to initiate settlement talks. Be prepared for this to be a somewhat lengthy process. Some settlement talks can take up to two years. It may take more or less time depending on the extent of your injury and the specifics of your particular situation. Oftentimes, a personal injury attorney will need to wait until the full scope of your injury is understood before accepting any settlement offers.

Your attorney will work to negotiate a settlement that’s fair and acceptable to you. Once a settlement offer is received, your attorney will notify you of the settlement terms so you can decide whether or not to accept the offer. Your attorney will explain whether the offer is fair and what your options are. Your attorney should also discuss the risks of proceeding to trial. Ultimately, you will need to decide whether to accept the settlement terms or reject the offer and proceed with filing a lawsuit.

File Suit

If you reject the settlement offer, you may need to sue for damages. When you decide to move forward with a lawsuit, your attorney will file a complaint with the court. Following the initial filing, there will be a pretrial discovery process during which both sides turn over evidence to the other.

As your case works its way through the legal system, there may still be an opportunity to settle outside court. For instance, both parties may agree to mediation. If so, a third party will attempt to reach an agreement that is suitable to both parties in a last attempt to settle the matter before it goes to trial.

The overwhelming majority of cases settle outside the courtroom. However, if settlement and mediation attempts are unsuccessful, you may have to proceed to a civil trial. If you decide to go this route, Warren Allen LLP has a skilled team of litigators who will fight on your behalf and diligently work to try to secure a favorable outcome.

If you need a Portland personal injury attorney, Warren Allen LLP serves the entire Pacific Northwest region. You can book a consultation with us so we can learn about your particular situation and provide you an honest evaluation of your case. We can also answer any specific questions you have about the personal injury claim process.

Recovering from an injury can be extremely difficult all on its own. That’s why we feel you shouldn’t have to navigate the legal process by yourself. We’ll be your advocates, by your side fighting for your interests throughout the process. We’ll explain your options and guide you through each stage of your personal injury claim with expertise and compassion.

If you want a skilled team to fight for the compensation you deserve, Warren Allen LLP will devote significant time, energy, and resources to your case. That way you can focus on what’s most important- your recovery.