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Property Division Under Oregon Divorce Laws: What to Expect

Going through a separation and divorce is one of the most stressful experiences a person can have. Financial security, distribution of assets, and even alimony and child support considerations can be huge stressors, along with the emotional toll that divorce causes. There are many aspects to Oregon divorce laws, and reliable, knowledgeable, and skilled divorce attorneys are necessary to help navigate them.

Our experts here at Warren Allen LLP field many questions about property division and how it works. While there is no way to determine what judicial order might encompass, there are ways to gather and provide as much information as possible to help your divorce be less stressful. Here is a short guide on property division under Oregon divorce laws and what to expect:

Equitable Distribution

Oregon is considered an equitable distribution state. Equitable distribution means the court will consider several factors in dividing up marital assets and what they believe to be marital assets to divide them up equitably. In some ways, this is an attempt to have a fairer distribution versus community property, where everything is divided 50/50.

The types of property that the court considers are real property and personal property. Real property is any land, buildings, homes, and condominiums. Mobile homes on rented land are not regarded as real property.

Personal property can include cars, jewelry, furniture, pension plans, retirement accounts, bank accounts, investment accounts, airline miles, cash on hand, and businesses. Any art collections, valuable collections, even life insurance policies, expected inheritances, and annuities are to be documented in what is submitted to the court.

Types of Documentation Needed

This is where part of the nuances of equitable distribution comes into play. While it may seem like Oregon divorce laws are attempting to be more fair in the distribution, proper documentation and evaluation are needed in order to do that. Providing the correct documentation of assets and liabilities is critical.

Real property requires an appraisal. Any businesses will also need an appraisal. Some personal property like vehicles, jewels, art, and collections will also need some form of assessment. Also crucial for documentation is the dates when either party in the marriage acquired these items. In some instances, assets and liabilities may not be subject to splitting under equitable distribution.

All mortgages, loans, credit cards, pending college tuition payments, student loan debts, and even pending lawsuits should be documented in what is given to the court. Even outstanding debt on businesses, tax debt, and future tax debt need to be considered.

While the court does not require documentation other than what they request, if there is a dispute on any of the value of any items, it’s better to have documentation available to support it. Consider gathering deeds, titles, bank and credit card statements, and other relevant information. If there were a prenuptial agreement, a copy would most assuredly be relevant in this case.

Filings to Submit to the Court

The court requires a submission of all of the assets, real and personal properties in the Statement of Assets and Liabilities form. This is where things get very specific, and distinctions are to be made. The courts want respondents to file this jointly and come to a decision on how and what is divided, but sometimes, that is not possible. If that is the case, each party needs to file this statement.

Regarding retirement accounts, the courts require filing a Qualified Domestic Relations Order (QDRO). This is a complex document with the specific language needed by the financial and pension institutions in order to distribute. Incorrectly filing this out will be costly regarding time and money and is critical to the next step in the divorce process. The QDRO will instruct the retirement account holders on how these accounts will be split up and enable them to create two separate accounts based on that information.

Considerations Under Equitable Distribution

Most people don’t realize that these filings are to be agreed upon before submitting, if possible. Distributions must not be equal to be considered fair and equitable. This is where documentation and evaluation come into play.

Consider assets acquired before the marriage, like a house. Factors like how long the marriage lasted, how much the other spouse contributed to maintaining or renovating, and if they contributed towards the mortgage all become relevant to the distribution of this asset. If the house increases in value during the marriage, it can also affect how this asset is considered under distribution.

The same goes for debt. If a spouse had secretly run up credit cards for a gambling addiction and the other spouse was unaware, this might be considered differently. Still, if a spouse gets into debt after the separation, that might also be factored in. If there is business debt and even future expenses like tuition are all factors that weigh into equitable distribution.

There are a lot of factors that the courts consider when doing property division, and it can be complex. The court will look at many factors, including the age and health of the spouses, how much financial contributions each spouse made, and the earning power of each spouse. Child support, alimony, and current lifestyle are all considerations. The court considers non-financial contributions to the marriage, like a spouse made into the marriage for the other spouse to be successful in their career.

Property and asset division will usually come up in any divorce. While parties are expected to come up with an agreement, sometimes that isn’t possible without professional help. You can find expert advice from our team at the Warren Allen LLP website. Our experience has helped Portland area residents for decades, and you can count on our excellence in helping you navigate this difficult time in your life.

Choosing the Right Personal Injury Lawyer for Your Case

It can be a frightening place to be when you or a loved one are hurt, and then you have to navigate a legal case on top of the healing process. How do you know when to get a personal injury lawyer involved and how to pick the right one when you do? For many, legal issues can be daunting.

Here at Warren Allen LLP, Attorney at Law, we know Oregon personal injury law better than anyone, and we want to help you feel confident when hiring your personal injury lawyer. We have compiled some excellent tips on choosing the right personal injury lawyer for your case.

When Do You Need a Personal Injury Lawyer?

If you have been injured because of someone else’s negligence or wrongful actions, you might struggle with financial difficulties caused by missed work and medical expenses. Recovering compensation for these damages can be challenging, but a personal injury attorney can provide valuable assistance.

Personal injury attorneys handle a range of cases, including car accidents, slips and falls, medical malpractice, workplace injuries, product defects, dog bites, wrongful deaths, and nursing home abuse. They possess the necessary expertise to navigate legal procedures, gather evidence, negotiate with insurance companies, and represent clients in court to secure the compensation they deserve for their injuries and losses.

What To Look For

Look for References

When you hire a professional to do a job for you, you should look at their references and track record. Finding the right lawyer is not an exception. Many people have worked with a personal injury lawyer, so ask family, friends, and coworkers.

Both good and bad experiences can be helpful, but any good experiences will help you build a list of which lawyers to research further. You can also check sites like Martindale for peer reviews of law firms and individual lawyers.

When looking for a lawyer to handle your personal injury case, it is also good to consider their place of business. It’s a good practice to select a lawyer who operates from a professional office, as personal injury cases can be complex and require meeting numerous deadlines. A professional office indicates that the lawyer has efficient processes in place to handle their workload.

A messy office won’t necessarily mean they are a bad lawyer; many attorneys have piles of files in their offices. However, your lawyer should be punctual for meetings and quickly respond to your inquiries.

Experience

You want to make sure that you are working with someone with experience in personal injury law and who has successfully gone to trial. Having an experienced expert in Oregon personal injury law can relieve you of the stress of handling your own case and ensure you get all you are owed.

The liable party will often try and settle outside of court for much less. Ultimately, it is up to you to decide if the settlement is what you deserve. With an experienced lawyer on your side, they can help you navigate this tricky world and help you take your case to trial.

Finding someone with a track record of successful negotiations and litigation is also important. While most cases are settled out of court, having an attorney with experience taking cases to a jury verdict is important. In order to assess their success rate, you can ask the attorney directly. If they do not provide this information when requested, it may be a sign that their success rate is not high.

Working on Contingency

It can be a lot to handle when healing and working to get your case to trial. If you have been injured and need legal assistance but are not working or earning income, the cost of a lawyer can be concerning. Typically, lawyers charge hundreds of dollars per hour for their services, which may be beyond your budget.

However, there is good news: many personal injury lawyers work on a contingency basis, meaning they will take payment once you receive the payout from your case. The contingency fee is usually 40% or less of the final settlement amount. You want to seek out a lawyer who charges within this range. The best lawyers will include legal fees in the final settlement to ensure you receive the maximum compensation possible.

When starting your search for a lawyer, ask for a consultation with those who have passed your initial research. Most personal injury lawyers should offer free consultations. During an initial consultation, a possible client will meet with a lawyer to assess the strengths of their personal injury case and see if the lawyer and client can work together.

Communication

Especially when it comes to a personal injury case, communicating effectively with your lawyer is important for the best outcome. You must ensure they listen to your concerns and explain concepts clearly to give you confidence that your input will be considered before any significant decisions are made. Your satisfaction with their approach will depend on their willingness to understand your perspective, and their ability to explain the progress of your case will help you make informed decisions. Effective communication can also reduce the stress of the process. Having a good rapport with your personal injury attorney means they should respond to your inquiries, clarify things in a way that’s easy for you to understand, and have your best interests at heart.

If you need legal representation for personal injury, it’s important to consider several factors when choosing the right lawyer. Knowing what to look for can simplify the process.

At Warren Allen LLC, we have specialists in Oregon personal injury law and are dedicated to assisting you every step of the way. If you or a loved one requires legal representation, do not hesitate to contact us. We will work tirelessly to ensure that your rights are protected, and that you receive the compassionate care you deserve.

What is a Personal Injury Lawyer? When Do You Need One?

Accidents happen. But what if you get hurt in an accident, and it’s someone else’s fault? For instance, if you trip and fall on a broken step in a store and sprain your ankle, can you get compensated for medical bills or wages lost from time missed at work? 

When you’ve sustained an injury as a direct result of the actions or inactions of another person or entity (e.g., government agency, company, workplace, etc.), you might need the services of a personal injury lawyer to represent you. Usually, a personal injury lawyer will work to get payment from the responsible party to compensate you and help you recover.

Although car accidents are usually what first spring to mind when thinking about personal injury cases, there are several different types of cases that personal injury lawyers handle. Keep reading to better understand what these cases entail, as well as the services that personal injury lawyers generally provide to their clients. 

Types Of Personal Injury Cases

The following are short descriptions of the most common personal injury cases. Keep in mind that the term “personal injury” does not always have to mean “bodily injury.” Not just physical injury falls under the umbrella of personal injury, mental and emotional damage count as well.

Vehicular Accidents

The most common personal injury claims come from accidents involving vehicles, including cars, trucks, bicycles, motorcycles, boats, airplanes, and mass transportation like buses or trains. You might also file a personal injury claim if you were a pedestrian struck by a vehicle.

Slip And Fall Accidents

When one person slips (or trips), falls, and sustains an injury on another person’s property, it’s called a slip-and-fall accident. This type of personal injury case is known as a premises liability claim. The owner of the property, or the person responsible for controlling the property at the time, might be required to provide you with financial compensation for your injuries if you slipped and fell due to their negligence. For instance, if you slipped because the floor was very wet and they did not put up a cautionary sign, the property owner could be held liable. 

Although premises liability cases often involve businesses, individual homeowners can also be held liable if you can prove that you were injured on the property and that the homeowner did not take necessary precautions through appropriate maintenance or signage to prevent the injury.

Product Liability

Manufacturers, designers, and sellers of products have a legal obligation to ensure those products are safe for consumers. If you or your property experience damage when using a product in the way it was intended or as a result of a defective product, you might be able to pursue a product liability claim to recoup money for the resulting damages.

Animal Bites

We love our dogs, but even the best-trained and most mild-mannered dog can bite. According to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs yearly in the United States alone. Of that number, over 800,000 seek medical care as a direct result.

If you or a loved one has been physically injured by a dog bite (or other domesticated animal) or suffered psychological damage after being bitten, you have two years to file a claim under Oregon’s personal injury statute of limitations.

Medical Malpractice

Healthcare providers devote their lives to helping us stay healthy and recover from illnesses and injuries. However, you might sometimes receive substandard medical care, such as a misdiagnosis, an error during surgery, failure to diagnose a harmful physical condition or illness, wrong prescription, etc. In these cases, it is best to seek the help of an experienced personal injury attorney, especially because a successful lawsuit will likely require expert medical evidence and testimony. 

Workplace Accidents

Although accidents at work are generally covered under workers’ compensation insurance, you may still be eligible to make a personal injury claim in addition to your workers’ compensation claim. If a third party, like an employee from another company or a manufacturer of a defective product was involved in the incident, you could file a personal injury claim against them. Working with legal representation will ensure you receive everything due to you from the at-fault parties. 

What Does A Personal Injury Lawyer Do For Clients?

Personal injury lawyers work to get you compensation for a variety of damages. Some of the most common include medical expenses (surgery, prescription medication, emergency transportation, etc.); lost income from time missed at work; out-of-pocket expenses like a car rental while yours is being repaired; and more intangible costs like pain and suffering; mental anguish; and loss of enjoyment of life. 

Depending on the type of claim, personal injury lawyers will have different responsibilities. In general, though, they might:

  • Gather evidence to support your claim – Police reports, witness statements, photographs of the scene, medical reports, etc.
  • Work with insurance companies on your behalf – Analyze insurance policies and handle all communication. An intermediary is especially helpful when dealing with the defendant’s insurance adjuster.
  • Prepare complaints – If the defendant’s insurance company refuses to work with you toward a fair settlement, your personal injury lawyer will set out the legal arguments about why the defendant is responsible for the accident and the damages you seek.
  • Represent you in court – If your case eventually ends up going to trial, it’s best to have a personal injury lawyer represent you since they will be familiar with the law and court procedures.

Get The Help You Need

When you’re already dealing with physical or emotional pain and trauma, it can be overwhelming to face medical bills, calls from insurance agents, physical rehabilitation, counseling, loss of wages, and more. You don’t have to do it alone. If you’re looking for a personal injury lawyer in Portland, call the team at Warren Allen, LLP. We will work to get you appropriate compensation and the best resolution to your situation.

What Does Pacific Northwest Family Law Include?

Family law encompasses a complex web of legal issues that can arise within familial relationships. It is a crucial branch of law that provides a framework for resolving conflicts and establishing rights and responsibilities among family members.

In the Pacific Northwest, which includes states like Washington, Oregon, Idaho, and Alaska, family law addresses various matters affecting individuals and families. This article delves into the realm of Pacific Northwest family law, highlighting the key legal services that fall under its purview.

Pacific Northwest Family Law

Family law in the Pacific Northwest is a multifaceted area of legal practice that revolves around domestic relationships, marriage, divorce, child custody, adoption, and more. Its primary focus is safeguarding individuals’ well-being and rights within the context of family dynamics.

Marriage and Divorce

One of the cornerstone aspects of family law involves marriage and divorce. Attorneys specializing in Pacific Northwest family law assist couples in navigating the legal intricacies of marriage, including prenuptial agreements, property division, and spousal support. When marriages break down, family law attorneys guide individuals through the divorce process, helping them reach equitable settlements while addressing matters such as child custody, visitation, and child support. These cases involve the dissolution of a marital union, dividing assets and liabilities, establishing child custody arrangements, and determining alimony or spousal support.

In the Pacific Northwest, divorces are subject to specific state laws that outline the procedures and requirements for ending a marriage. Attorneys specializing in family law in this region help clients navigate the often emotional and intricate divorce process while ensuring their rights and interests are protected.

Child Custody and Visitation

Child custody disputes can be emotionally charged and legally complex, forming a significant portion of Pacific Northwest family law cases. Whether arising from divorce, separation, or disputes between unmarried parents, these cases center on determining the child’s best interests. Family law attorneys work tirelessly to secure custody arrangements that promote the child’s welfare, advocating for joint or sole custody based on the circumstances.

They also aid in establishing child support orders to ensure financial stability for the child’s upbringing. Visitation arrangements, or parenting plans, are essential components of child custody cases. These arrangements outline when and how non-custodial parents can spend time with their children. Family law professionals work closely with clients to develop custody and visitation arrangements that prioritize the child’s best interests while considering the family’s unique circumstances.

Child and Spousal Support

Child support and spousal support (often referred to as alimony) are financial obligations that may arise after a divorce or separation. Pacific Northwest family law establishes guidelines for calculating these payments, ensuring that they are fair and in line with the financial needs of the recipients and the means of the payers. These calculations take into account factors such as income, employment status, and the needs of the dependents.

Attorneys specializing in family law will assist clients in negotiating and enforcing support orders, guaranteeing that financial responsibilities are met.

Adoption and Guardianship

Adoption and guardianship proceedings are another significant facet of Pacific Northwest family law. Prospective parents looking to adopt must navigate a legal process that varies depending on the adoption type, whether agency-based, private, international, or step-parent adoption. Family law attorneys help clients understand the requirements, rights, and responsibilities of adopting a child, ensuring the process is completed smoothly and ethically.

Guardianship cases involve individuals who take legal responsibility for minors who are not their biological children. These cases often arise when parents are unable to care for their children due to various reasons, and family law professionals aid in establishing legal guardianship arrangements that protect the child’s well-being.

Domestic Violence and Restraining Orders

Protection against domestic violence is a critical aspect of Pacific Northwest family law. Attorneys specializing in this area work with victims to safeguard their physical and emotional well-being. Victims of domestic violence can seek protection through restraining orders or protection orders that legally prevent their abusers from contacting or approaching them.

These orders can include provisions related to child custody and visitation and can provide essential relief and a sense of security for individuals facing abusive situations. Family law attorneys assist victims in obtaining the necessary legal protection and help them navigate the legal system to ensure their safety.

Property Division and Alimony

In cases of divorce or separation, the division of marital property and the determination of alimony (spousal support) are integral components of Pacific Northwest family law. Attorneys guide their clients through the equitable distribution of assets, ensuring that both parties’ financial rights are upheld.

Mediation and Alternative Dispute Resolution

Mediation and alternative dispute resolution (ADR) methods play a vital role in Pacific Northwest family law cases. These processes offer an opportunity for parties to negotiate and settle disputes outside of court, reducing stress, time, and costs. Family law attorneys skilled in mediation facilitate productive conversations between parties, aiming to reach mutually agreeable resolutions in matters such as child custody, support, and property division.

Paternity and Parentage

Establishing paternity or parentage is another essential aspect of Pacific Northwest family law. Attorneys assist clients in cases where the biological parentage of a child is in question, helping determine parental rights and responsibilities, including child custody and support obligations.

Pacific Northwest family law encompasses a wide array of legal services aimed at preserving the welfare and rights of individuals within familial relationships. Whether dealing with marriage, divorce, child custody, adoption, domestic violence, property division, or other matters, family law attorneys in the region play a crucial role in guiding their clients through complex legal processes. With an emphasis on mediation, alternative dispute resolution, and the child’s best interests, Warren Allen LLP offers Pacific Northwest family law that strives to create a framework that ensures fairness and stability for families during times of harmony and discord.

What Can a Personal Injury Lawyer in Portland Do for Me?

Accidents happen when we least expect them, and the aftermath can be overwhelming. Dealing with injuries, medical bills, and the stress of navigating the legal system can be daunting, especially if you’re not familiar with the intricacies of personal injury law. That’s where a personal injury lawyer in Portland can be your strongest ally. In this article, we will explore how these legal professionals can assist you in handling your personal injury case and securing the compensation you deserve.

Legal Expertise and Guidance

A personal injury lawyer is a legal professional with specialized knowledge and experience in handling cases related to personal injuries. They are well-versed in the laws and regulations specific to Portland, Oregon, and have a deep understanding of how the legal system works in personal injury cases. By hiring a seasoned personal injury attorney, you gain access to their expertise and guidance, which is crucial for navigating the complexities of your case.

Case Evaluation and Investigation

One of the initial steps a personal injury lawyer will take is to evaluate your case. They will carefully review the circumstances surrounding your accident, collect evidence, and assess the extent of your injuries. This thorough investigation is essential for building a solid case and determining the parties responsible for your damages. Gathering evidence, such as medical records, accident reports, and witness statements, can significantly impact the outcome of your claim.

Expert Handling of Insurance Companies

Insurance companies are known for their tactics to minimize payouts to injury victims. When dealing with the aftermath of an accident, you may need to be in a better position to negotiate with these companies effectively. A skilled personal injury lawyer knows how to handle insurance adjusters and will advocate on your behalf to ensure you receive fair compensation for your injuries, damages, and losses.

Accurate Calculation of Damages

Determining the actual value of your personal injury claim can be a complex task. There are various types of damages you may be entitled to, including medical expenses, lost wages, pain and suffering, and future medical costs. A personal injury lawyer has the experience to accurately calculate the total damages you have suffered and will seek compensation accordingly.

Legal Representation in Court

While many personal injury cases are settled outside of court, some disputes may require litigation. A personal injury lawyer will be prepared to represent you in court if a fair settlement cannot be reached with the responsible party. Their courtroom experience and advocacy skills will protect your rights and ensure you have the best chance of a favorable verdict. The steps of a settlement that a personal injury lawyer in Portland will take for you include preparation for a trial, filing the lawsuit itself, the discovery phase (where each party will gather evidence for the case), pre-trial motions to dismiss specific evidence, and the courtroom representation itself. This will include their expert coverage of cross-examination and defense, the post-trial proceedings, or any settlement reached during the process.

Contingency Fee Arrangement

One of the most significant advantages of hiring a personal injury lawyer in Portland is the typical contingency fee arrangement. This means you do not have to pay any upfront fees for legal services. Instead, your attorney will only receive payment if they successfully secure compensation for you. This arrangement allows access to quality legal representation for individuals who may need more financial means to pay for legal services upfront.

Focus on Your Recovery

Dealing with a personal injury case can be time-consuming and emotionally draining. When you have a personal injury lawyer handling the legal aspects of your case, you can focus on your recovery and well-being. Knowing that a dedicated legal professional is fighting for your rights can provide much-needed peace of mind during a challenging time.

Settlement Negotiation Skills

Personal injury lawyers are skilled negotiators. They understand the tactics used by insurance companies and the strategies required to secure a fair settlement. By enlisting the help of a lawyer, you increase the likelihood of obtaining a settlement that adequately compensates you for your injuries and losses.

Trial Experience

In the event that your case does go to trial, having an experienced personal injury lawyer by your side is invaluable. Trial proceedings can be complex, and having a lawyer familiar with courtroom procedures and a successful track record in litigation will greatly benefit your case.

Each courtroom has its own unique dynamics and protocols. Experienced personal injury lawyers are familiar with the intricacies of the courtrooms in Portland, where they have likely handled previous cases. They understand how to navigate the courtroom environment, interact with court personnel, and conduct themselves professionally, contributing to a smoother trial process.

Trials are dynamic and unpredictable, and unexpected situations may arise during the proceedings. An experienced personal injury lawyer is well-versed in handling unforeseen challenges and can quickly adjust their strategies to counter any unexpected developments.

Alternative Dispute Resolution

Besides going to trial, a personal injury lawyer can explore alternative dispute resolution methods, such as mediation or arbitration. These methods can be less time-consuming and costly than a full trial and may lead to a satisfactory resolution for all parties involved.

Hiring a personal injury lawyer can significantly benefit your case if you’ve sustained a personal injury in Portland. And no one in Portland will fight for you like the attorneys at Warren Allen Attorneys at Law. From providing legal expertise and guidance to negotiating with insurance companies and representing you in court, we will fight for your rights and work tirelessly to secure the compensation you deserve.

With our help, you can focus on your recovery while knowing you have a skilled advocate working on your behalf. Remember that the statutes of limitations apply to personal injury cases, so it’s essential to consult with a personal injury lawyer as soon as possible to protect your rights and pursue your claim effectively.

What To Do If You’re Bitten By a Dog

The number of dogs in the US has steadily increased over the past two decades: roughly half of US households now own a dog. With that number of dogs living amongst humans, it’s more common than you think for someone to suffer a dog bite. This might sound frightening, but statistics show dog bite incidents have decreased over the years.

Certain breeds have a reputation for being more aggressive or biting more often, but a study by the American Veterinary Medical Association shows this is unlikely. Instead, the AVMA suggests that a better way to decrease dog bites is to enforce “non-breed-specific dangerous dog laws, with an emphasis on chronically irresponsible owners,” and prohibit dog fighting, among other things.

Laws and breeds notwithstanding, dogs are still animals and can lash out if frightened. Even if dog bites are not as common as we fear, it is still essential to be mindful of the risk and be cautious around dogs we don’t know. Ask to pet any unfamiliar dogs and respect the owner’s answer.

It is equally important to have a plan of action if an injury occurs, including first aid and contacting a lawyer if a dog bite is severe. Knowing what action you can take following a bite, including hiring a dog bite lawyer, can help ease anxiety or fear in the moment.

Here are steps you can take following a dog bite:

When a Dog Bite Occurs

If someone is bitten, stay calm and get some distance from the dog. Dog bites can be painful and scary, especially for children, but it’s important to remain level-headed. Most dogs won’t bite unless they’re agitated or stressed, so it’s good to give the dog some space to calm down; this will also help prevent further injury.

It is crucial to get medical attention if needed, but “it doesn’t necessarily have to be that second, minute or even within an hour” says Dr. Drigalla, an emergency medicine physician. You have some time to assess the situation calmly and apply first aid.

Medical attention is still essential in many cases, so Dr. Drigalla also says that “waiting a couple of days is a bad idea.” We’ll go over more details about seeing a medical professional shortly.

Clean Wound and Apply First Aid

As a first step, when a dog bite occurs, you will need to check the bite itself. Ensure your hands are clean before handling the wound, and check if it’s actively bleeding. If it is, apply pressure with a clean cloth, gauze, or tissue, and hold it there until the bleeding stops.

If there is no active bleeding, or when the bleeding has stopped, make sure to clean the wound with mild soap and water. It is also recommended that you rinse the wound with warm water for several minutes.

After cleaning the bite, apply antibiotic cream if at all possible. It might not be necessary for all scrapes and cuts, but it is vital for dog bites. The University of Rochester Medical Center says to apply it if the wound is dirty because of the bacteria in a dog’s mouth that can be introduced if the skin is broken. If you don’t have antibiotic cream, follow the rest of the first aid steps and keep the wound clean.

Finally, apply a clean bandage, and change it if it gets dirty or wet.

Get Information From the Dog Owner

You will need to get information from the owner (if possible) when a dog bite occurs. The AVMA recommends that you:

  • Request proof of rabies vaccination
  • Get the owner’s name and contact information
  • Contact the dog’s veterinarian to check vaccination records

Your doctor will want this information so they can decide how to proceed with treatment. This information can also be important if the injury is severe and you need advice from a lawyer, which we will cover later.

If the dog is a stray or the owner is not nearby, consider calling your local animal control to ask for advice. They may want more information about the situation.

See a Medical Professional

The next step is to seek medical attention. You are encouraged to see your provider or visit a walk-in clinic, even if the wound isn’t severe, due to the risk of infection. If you have diabetes or are immunocompromised, that risk of infection is even higher.

The Cleveland Clinic states, “Roughly half of dog bites introduce bacteria, including staphylococcus, streptococcus, and pasteurella, as well as capnocytophaga.” A tetanus infection can also be a concern, so you may need a booster if you haven’t had a tetanus shot within five years.

Of course, another consideration is rabies. Mandatory dog vaccination programs have lowered the chance of rabies – only around 60 to 70 dogsare reported rabid in the US each year – but the disease is fatal if contracted and is not worth leaving up to chance. After a potential exposure, washing and thoroughly rinsing the wound is vital, but you will still need to see a medical professional for further treatment.

Contact a Personal Attorney if Necessary

Finally, consider contacting a personal injury attorney. If you aren’t sure if you have a case, the attorneys at Warren Allen clarify: “If you were injured in an accident and you were found not to be at fault, you have a case for personal injury.”

Of course, taking legal action is not always necessary, but you can always seek advice from a lawyer regarding a dog bite. Keep track of details of the incident, such as the dog owner’s information, and record your injuries and recovery via writing or photos. An attorney may be able to help you receive compensation, so reach out to Warren Allen today and let us help you!

Is a Dog Bite Injury Attorney Worth It?

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

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

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

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.