Blog for Warren Allen LLP Attorneys at Law

Should I Hire a Personal Injury Lawyer in Portland or Handle My Claim Myself?

Written by George McCoy on May 25, 2022. Posted in Personal Injury. No Comments on Should I Hire a Personal Injury Lawyer in Portland or Handle My Claim Myself?

Life happens, and that includes all kinds of injuries and accidents. An injury or accident could be a small annoyance: maybe your car only needs bodywork to take out some dents after a small collision. It could also be a terrible tragedy, such as if a loved one is killed on a jobsite. These are on opposite sides of the spectrum of personal injury claims: there are many other types of personal injury claims.

You may wonder in the aftermath if it’s worth hiring a personal injury lawyer to handle your claim—after all, you’re a smart person, maybe the damage or the injury wasn’t a major disaster and maybe you don’t want to spend the extra money for a lawyer on top of those new medical bills or bills from your mechanic. In some cases, you may be able to handle it all on your own, either through insurance or through small claims court. But we want you to have all the facts to make an informed decision. Here are five things to consider about hiring a personal injury lawyer to handle your claim.

1. Insurance Companies Are Complex Systems

Whenever there is a claim—no matter what type of claim it is or the severity of the situation—insurance companies often attempt to minimize the amount you receive. It’s how insurance companies make a profit: by not paying out as much as they could. Personal injury lawyers can help you navigate these waters—we’re more familiar with the verbiage and the loopholes the insurance companies may try to throw at you.

If you have already been offered the maximum insurance settlement possible, you may not need an attorney. For instance, if the person who injured you has an insurance policy worth $100,000, and you are awarded $100,000, you’ll have to have an extremely persuasive reason to go beyond that amount. If that person has assets or money and you feel it’s fair they pay that in addition to the $100,000, you’ll have to have a very good case for it.

2. Oregon Is an At-Fault State

The at-fault system is a more traditional system of filing accident and injury claims. In a nutshell, whoever is at fault in an accident is liable for repairs to vehicles or property, medical costs, and other damages.

Oregon is a little unusual, though, because there are some no-fault provisions (and the system could be argued as a hybrid of no-fault and at-fault—more on this later). In insurance policies for vehicles, for instance, there are built-in no-fault provisions. This means that car insurance providers also provide personal injury protection, which pays for injuries resulting from the ownership, use, or maintenance of a vehicle. Your car insurance policy should automatically have this if your car insurance was bought in Oregon.

3. What’s At Stake?

Managing your own claim and then later hiring a lawyer may complicate things, but you shouldn’t hesitate to get the help you need. Perhaps you feel your claim is easy enough—or low-stakes enough—that you feel comfortable handling it on your own but then decide you’d like assistance later. It’s to your benefit to contact one at this point rather than not at all.

Best practice, even if you’re not sure whether a personal injury lawyer is going to be helpful in your case, is to still contact one and get a consultation. They might be able to give you an idea of what you’re up against or important points you may not have thought about.

If you move forward and handle your own case, you could have a steep learning curve. For instance, you’ll want to be sure you know about the laws in your state. A personal injury attorney in Portland will be more aware of the Oregon Shared Fault Rules. Simply, these rules mean that the other person in your claim may also state that you’re partially at fault for the accident that occurred. Therefore, your share of the money you would have received may be reduced by a certain percentage, based on how much you are found to be at fault.

4. When Should I Contact a Lawyer?

The tipping point might be something small, or it may be the fact that your injuries end up being more major than you first thought. It may be difficult to justify paying the money for a personal injury lawyer, especially if you think your injuries are minor—bruises and scrapes instead of broken bones and time that you can’t work. You should consider, though, that sometimes seemingly minor injuries can turn into major ones. If your injuries are worse than your doctor initially thought but you’ve already received a settlement, that claim is closed and can never be reopened again.
A good lawyer will be able to advise you on whether to wait or move forward until you know the full extent of your injuries. There may also be “pain and suffering” damages involved that you may not be aware of.

Consider also that even if you have a minor injury, it may be difficult to keep a clear mind and be consistent when it comes to reading all the paperwork, doing all the research, or gathering all your materials. Delegating this kind of work to a lawyer will mean all you have to worry about is healing from the injury.

5. Warren Allen Attorneys at Law Is an Experienced Law Firm

It’s likely that, before you had a personal injury claim, you may not have had any kind of experience with the law. The law is always changing, too, and we keep up with each nuance and update. Our firm has been running in the same location since 1971, so whatever type of injury you’re dealing with, we’ve probably seen it before. Having that precedent and the background for this kind of work, we can help you get the money you need for your peace of mind and recovery. Contact us today for a consultation about your personal injury claim.

Is Oregon a No-Fault State for Auto Accidents?

Written by George McCoy on May 14, 2022. Posted in Uncategorized. No Comments on Is Oregon a No-Fault State for Auto Accidents?

Auto accidents are tough under the best of circumstances. However, the more prepared you are, the easier the process becomes. Gaining insight into how your case is handled will better equip you on what steps need to be taken.

Each state has different laws, so it’s important to familiarize yourself with these state-specific auto accident laws. For instance, does your state operate on a “no-fault” or “at-fault” system? If you are a resident of Oregon, which system does it follow? Let’s look at how this could affect your case.

No-Fault vs. At-Fault Systems

What’s the difference between these two systems? Before exploring Oregon-specific auto accident laws, it’s helpful to understand the difference between no-fault and at-fault systems. In a no-fault state, neither party is considered to be at fault for the accident. Regardless of who is responsible for the collision, each driver seeks compensation from their own insurance provider. A party is not required to first prove the other party is at fault before receiving compensation. However, there are some exceptions. If one of the involved parties is suffering from significant injuries or property damage, they can file a third-party lawsuit against the responsible party.

The purpose of a no-fault system is to expedite the insurance process and provide compensation sooner. With a no-fault system, you have to submit a claim to your insurance provider even if you are not at fault.

Most states, however, use the traditional at-fault system. In at-fault states, each insurance company pays for damages measured against the degree of fault with each party involved. If you are the injured party, you will file a claim with the insurance company of the driver that is responsible. The driver who caused a collision is responsible for the damages of the injured party; the insurance company of the party found at fault pays the injured victim.

This means that, after an auto accident, you must first prove who is at fault and to what degree. This is typically handled by an adjuster assigned by your insurance company. If you disagree with the insurance adjuster, you can seek uncompensated damages by filing a lawsuit.

Which System Does Oregon Follow?

For auto accidents, Oregon uses an at-fault system. Since Oregon is an at-fault state, the injured party files a claim with the insurance company of the driver responsible for the accident. If you can prove they are at fault, their insurance company will pay damages for injury or property damage. It’s possible to share liability. In this case, the insurance companies will determine to what degree each party is responsible.
However, Oregon law requires insurance policies to include no-fault provisions. This provision requires insurance companies to provide personal injury protection (PIP) to anyone paying for insurance in Oregon, even if they are considered at fault. PIP pays up to a certain amount by your insurance provider for medical expenses, funeral expenses, childcare expenses, lost income, survivors’ loss benefits, and household services. This payout also extends to passengers of auto accidents.

What Compensation Is Available for At-Fault Auto Accidents?

Each case is different, and compensation is determined by the severity of injuries or property damage sustained. However, there are several types of compensation that are typically covered. These include:

Medical Expenses: Reimbursement for your medical expenses includes payments for hospital visits, physical therapy, pain medication, and future medical bills related to the auto injury.
Lost Income: This includes payment for times you weren’t able to work while recovering. You can request compensation for these lost wages. If the injury affects your ability to continue your current line of work, you can also sue for future loss of wages.
Pain and Suffering: This refers to both physical and emotional pain experienced during the accident and recovery process. It’s intended to help compensate for the impact an accident has on your daily life. This includes anxiety, depression, physical pain, strained relationships, and inability to engage in daily activities.
Punitive Damages: This is paid on top of compensatory damages if the guilty party has performed outrageous conduct. It’s meant to deter future misdeeds and help the victim if compensatory damages are not sufficient. In an auto accident, this may be awarded if someone was driving drunk.

Should You Seek Legal Representation?

Often, insurance companies don’t have your best interests in mind. Though a provider may not go as far as to act in bad faith and wrongfully deny coverage, they may attempt to minimize the amount of compensation you receive. Since insurance companies may act in their own interests, it is helpful to seek legal representation. A personal injury attorney acts in your interest and helps you receive fair compensation after an accident.

If you have suffered an accident resulting in injury or property damage, the expert team at Warren Allen LLP is here to help. We provide solid legal advice and representation. If you are attempting to receive compensation after an accident, we are here to help you receive fair compensation and the best resolution possible. Contact our firm today to learn what your options are.
Once you’ve been involved in an accident, immediately begin keeping comprehensive records and documentation. This will help determine fault and increase your chances of receiving compensation. After an accident, collect the names and contact information of any witnesses. Keep records of injuries and damages through photos and writing. Seek medical care and keep copies of receipts. Report your symptoms and keep a written account of your experiences. Make sure to faithfully continue medical treatments.

Even though the effects of an accident can be difficult, taking the proper steps can help mitigate the process and may entitle you to more compensation. Get the help you need so you can receive proper care and compensation. With the right attorney, you can focus on what matters most – healing!

Ask These 5 Questions to Find the Best Personal Injury Lawyers in Portland

Written by George McCoy on April 22, 2022. Posted in Personal Injury. No Comments on Ask These 5 Questions to Find the Best Personal Injury Lawyers in Portland

Hiring a personal injury lawyer, who can best represent your interests in a case that has left you injured due to an accident or negligence of the other party is no easy feat.

You want someone who understands what lies at the heart of the matter so that they can help you get the justice and compensation you rightfully deserve and a market overflowing with lawyers simply adds to the stress of working with a good one. If you are having a tough time finding personal injury lawyers in Portland, Oregon, here are five questions you need to ask to ensure that you are picking someone you won’t regret working with:

1. Have You Tried Similar Cases Before?

Not all personal injury lawyers handle the same types of cases. That’s why it’s important to find out in the beginning whether they have experience with cases similar to yours. Be straightforward and ask them whether they have represented clients who were injured under similar circumstances. For instance, if you were a victim of a slip and fall at a store due to its poor infrastructure, hiring a lawyer who only represents clients involved in car accidents will not be useful.

Having specific experience as opposed to general experience is crucial when you are in the market for a personal injury lawyer because a specialist will know exactly what kind of laws apply to your case and will also have a ready roster of experts and medical professionals whose opinions can help strengthen your case. For example, if you were injured due to a defective product, you will need someone who is well versed with the laws about products liability claims. Also, don’t hesitate to ask how long the lawyer has been practicing personal injury law.

2. How Many Cases Have You Won?

While it’s possible that the opposite party may want to settle with you outside of court—as is often the case—you need to be prepared should the case go to trial. This means you need to know how successful your lawyer has been in winning such cases in the past. Ask about their success rate and also the maximum amount of compensation they have won for their previous clients. Undoubtedly, the experience of your attorney is essential. But unless your chosen lawyer has been successful in the past, it’s probably not worth hiring them. After all, you don’t want to get someone who knows the laws inside out but is unable to convince the jury or judge to decide in your favor.

Ideally, you should work with someone who has successfully negotiated out-of-court settlements and litigated cases to win a favorable jury verdict. If the lawyer is hesitant to share their success rate, they are probably not very good at what they do, which should serve as a potential red flag.

3. How Much Will You Charge for Representing Me?

To cut to the chase—money matters and is an important factor to consider when choosing an attorney to represent you.

Usually, most personal injury lawyers in Portland work on a contingency fee model and charge one-third of the compensation you receive, so the lawyer getting paid is contingent on you winning the case or getting a favorable settlement. However, there are also lawyers who may work on different payment models. It’s common for most litigants to opt for a contingency model, as you don’t have to pay out of pocket until you receive something. And don’t forget to ask about the fees in the event your case is unsuccessful. Will the attorney waive any out-of-pocket costs incurred?

The bottom line is, choose someone who suits your needs the best. Before locking in an attorney, ensure that you understand all the terms and conditions of their fees and the billing cycle.

4. How Many Active Cases Do You Handle at a Time?

What good will hiring an experienced attorney do if they are unable to give your case the attention it deserves?

Bear in mind that the legal system is overburdened, and depending on the complexity of your matter, it can take a while even to file the suit. Moreover, Oregon has a statute of limitations of two years for personal injury matters. It means that you need to file your lawsuit within two years from the time you suffered the injury.

You need to work with someone who has time to file the suit well ahead of the deadline and has enough bandwidth to follow up on your case. You should also ask how many personal injury cases they are currently litigating to get a sense of the time they will be able to devote to your matter.

If you are approaching a law firm to represent you, also make sure to ask who will serve as your contact person. You’ll need someone available to attend your calls and answer any questions you may have about the litigation as quickly as possible.

5. What Is My Claim Worth?

Simply based on facts, an attorney may not be able to give you a definitive amount of your claim. However, based on their experience, they should be able to provide you with a rough estimate. Getting a rough estimate is also helpful should you have insurance companies pushing you to get an out-of-court settlement.

To sum up, you need to pick a personal injury you see yourself getting along with. Your attorney should have your best interests in mind and should be willing to hold your hand through the process. If you are looking for a team of personal injury lawyers in Portland, Oregon, consider choosing Warren Allen LLP.

We have a team whose expertise lies in representing clients in a variety of personal injury suits and providing them solid legal advice. We are committed to getting you the best resolution possible. Get in touch with our firm today to learn more about how we can help you.

What To Do After a Car Accident in Portland

Written by George McCoy on April 7, 2022. Posted in Car Accident. No Comments on What To Do After a Car Accident in Portland

On average, six million car accidents happen in the United States every year. These include fender-benders and smaller-scale collisions all the way up to totaled vehicles. While the number of cars on the road has decreased during the pandemic, people tend to drive while distracted more often and speed, so your odds may be a little greater of getting in a car accident. Oregon is an at-fault state, meaning that if you cause a car accident, you (and your insurance) are responsible for those damages.

The first few minutes after a car accident can be confusing and scary, and you may not know what needs to be done first. Never fear. Here is a list of the things you should do first after a car accident in Portland.

1. Safety First

If possible, pull your car over to a public, well-lit and safe place nearby. This way you won’t impede the flow of traffic and you and the other driver will be able to see each other clearly. If you have a choice, choose the more public option so that others may see the other driver just in case they decide to leave the scene. It’s important that you don’t leave the scene, especially if there are injuries or if there are damages to the vehicles and insurance information to gather.

Hopefully, your car is still drivable, but if not, take stock of whether it will be a road hazard. If you can push it to the side, you can move it even up onto a sidewalk. If not, turn your emergency hazard lights on to give warning to passing cars.

2. Secure Your Traveling Companions

Were you in your car with your pet, a child, another adult, or an elder? Assess whether they are injured first. If you have a child young enough to be in a car seat, don’t take them out of the seat just yet. They may have injuries you can’t see, and it would be best to have a first responder check them out.

However, you wouldn’t leave a pet or a child or an elder in a hot locked car when you run into a store, so if the accident is a minor collision, you can leave the engine running with the AC on, roll down the windows, or let them out of the car while you handle the accident details. But this is assuming there’s a safe place to do so. Make sure you’re situationally aware of the area so you can prevent further injuries and so the pets and people in your care don’t wander off.

3. Talk With the Other Driver

Again, it’s good to be situationally aware. Is the other person agitated? Is this a safe place to talk? They may be frightened or blame you for the accident, so it’s important to choose your words carefully and—above all—remain calm. Before you speak with them, secure any valuables on your person as well. For instance, make sure your purse or wallet is with you rather than in a car with an open window.

It may be appropriate to engage in small talk if you and the other driver need to call an ambulance or the police, but be sure you don’t make any admissions, blame the other person, or apologize. If a claim is filed and the other driver or other witnesses say they heard you say you’re sorry or that you’re at fault in some way, it could be a major headache for you down the road. Rather, the insurance companies will determine these things later.

4. Gathering Information

It’s important to gather the right facts right after a collision. Information you will need to gather from the other driver includes their name and contact information; their insurance company and policy number; their driver’s license and license plate numbers; the type, color, and model of their vehicle; and the time and location of the accident. Be prepared to give this information as well. You should also take pictures of the accident scene and record with audio or video while you ask witnesses what they saw, but make sure they stick to the facts.

Other information you can gather includes road conditions or weather, any injuries you might see, and anything else that contributed to the collision (a distraction on the road, such as a squirrel, cat, or a runaway basketball, for instance). If your insurance company has a mobile app, sometimes they will walk you through items like this so these details aren’t lost in the shuffle.

If you’re a prepared person, you may already have this app on your phone or mobile device, which will cut down on time spent figuring it out and setting it up. Your insurance provider’s app might be critical in this situation because not only can it help you with the accident details, but you may have access through it to roadside assistance or towing or even rental car options.

And of course, make sure to save all this information and details, including receipts, bills, and medical records so that if a claim is filed you will have it all on hand.

5. Contact Your Insurance Provider (And Maybe Us!)

You’ll want to start an auto insurance claim once all these other items are handled. You can expedite the claim process this way by being proactive. Your insurance agent may also have further questions you might have missed or will be able to point out things you are eligible for in your policy. Make sure you ask any questions if you’re not sure of the process or what you need to do, especially if there are any deadlines.

Hopefully, you are uninjured, but if you or someone you love is injured or killed in a car accident, the expert team at Warren Allen LLP has your back. If you find you need to file a personal injury claim, contact Warren Allen today.

Senior couple meeting over a desk with a female attorney.

How Do I Find an Attorney to Help Prepare My Estate?

Written by George McCoy on March 25, 2022. Posted in Estate Planning. No Comments on How Do I Find an Attorney to Help Prepare My Estate?

Making plans for your loved ones in the event of your death or incapacitation is one of the most important things you will ever do. You need to find the best person for the role. An estate attorney in Portland can help you make the appropriate decisions and legal arrangements. But how do you hire one? Read on for tips to help you find an attorney to help you with this important work.

Get a Referral From a Friend

People often speak with friends first to find referrals. If you have a friend who has already been through the same process and you trust their judgment, ask for the contact details of the attorney they went with. Of course, you still need to make sure this attorney is right for you, but a recommendation is a great place to start.

Get a Referral From an Attorney

Getting a referral from an attorney who has worked for you in the past and who you believe has good judgment is a great way of finding someone who can help you prepare your estate. Attorneys will have plenty of contacts among other attorneys who specialize in this area and will be able to point you in the right direction.

Search Google for an Estate Attorney Portland

Another option when looking for an estate attorney in Portland is to do a quick Google search. Google searches can help you find more or less anything you want nowadays, however, be careful. You must make sure that the attorneys you find are reputable. Just because they rank highly on Google, does not mean that they are necessarily the best in the business. Do your due diligence and check out what the reputation of the firm and the attorney you will be dealing with before you put any money down.

Vetting Potential Attorneys

Check If the Attorney Has Malpractice Insurance

Having malpractice insurance is a sign of accountability. Everyone makes mistakes sometimes, so you should not hire an attorney who does not have malpractice insurance. In some states, it’s not a legal requirement for an attorney to have this type of insurance. But make sure that you are not caught out by an attorney who doesn’t have it.

A good tip to know is that attorneys who are incorporated (usually signified by having PC or APC after the name of their firm) have to keep malpractice insurance in most states.

Check What Law School the Attorney Went To

Some law schools are harder to get into than others, and these are the schools that tend to have the highest standards. The law school ranking system has four tiers, with the first tier being the most difficult to get into. Asking the attorney you are thinking of going with what law school they went to can tell you about their training and help you in deciding whether you want to hire them.

Ask How Long They Have Been Practicing

New attorneys lack the experience of attorneys who have been practicing for longer periods of time. For a role this important, it’s better to pick someone who has been practicing for a long time and dealt with a variety of situations. This increases the likelihood of you and your estate being in good hands.

Ask Exactly What Their Charges Are

Estate attorneys in Portland usually charge flat fees, rather than billing by the hour. Occasionally, attorneys do both and charge a fixed rate for some services but an hourly rate for others. Checking exactly what their rates are beforehand can ensure there are no surprises.

Ask If There Is Someone Else in the Office Who Can Answer Your Questions

While most estate-planning attorneys aim to make themselves available as much as possible, there are occasionally times when these attorneys are not contactable. If it’s important for you to have someone who can answer your questions expediently all the time, find out if you will be able to talk to one of their colleagues in this eventuality.

Questions for You to Think About When Meeting an Attorney

Do you have good rapport with this person?
Does this attorney communicate effectively and clearly?
Would you be happy talking about this person regarding personal matters relating to your estate?
Do you trust this person?

If you answer “yes” to all of these questions, this is further indication this attorney is the right person for the job.

What Should I Do Before Meeting a Potential Estate Attorney?

Before you meet with any potential estate attorneys, there are a few things you should do:

Write down your contact information and the contact details of the people who will be affected by this matter.
Have a good idea of what it is that you would like to achieve. If there are some things that you are uncertain of, a good estate attorney will be able to help you with this.
Get the required documents and put them together in a logical order.
Write down as many things as you can about your situation. Doing this will help to speed things up while you are with the attorney. Remember, that attorneys tend to charge fairly high rates per hour, so doing this can help to save you money.
Make copies of the documents that you will give to your attorney, as you may need to look at them at a later date.

Conclusion

If you follow all the tips in this article, you will stand a good chance of finding an attorney who can skillfully carry out your wishes regarding your estate.

Warren Allen LLP has been serving Portland and the Pacific Northwest since 1971, and we have a great deal of experience in preparing estates. We know how important it is to make sure that those that you care for are provided for after you’re gone. You can be sure that your case is in safe hands with us.

Attorney going over legal paperwork with client. Only hands seen along with gavel.

Describe Three Ways to Narrow Down Qualified Personal Injury Lawyers

Written by George McCoy on March 9, 2022. Posted in Personal Injury. No Comments on Describe Three Ways to Narrow Down Qualified Personal Injury Lawyers

If you search for lawyers in your local area, your search results will show dozens, if not thousands, of possible contacts. How do you narrow down a list of potential lawyers to determine which ones are qualified? It’s an important question for any type of lawsuit, especially for personal injury cases. Considering how complicated these can be, clients naturally want to know they can trust a lawyer to look out for their best interests. Read on and we’ll describe three ways to narrow down qualified personal injury lawyers.

1. Identify Potential Lawyers

The first way to narrow down qualified lawyers is to come up with a list of potential candidates. You can start by asking friends and family for any referrals. Even if they don’t have relevant experience themselves, they may know someone who went through a similar legal battle as yours. Have them describe why the names they recommend should be on your narrowed-down list of qualified personal injury lawyers.

One very helpful resource to check out is your local bar association. Because this is a personal injury case, you may also want to inquire for recommendations from certain medical professionals.

The internet can also be an incredibly valuable tool. If you’re really starting from scratch, search for attorneys in your area, and then by personal injury specialty. You may also be able to find some qualified options through the news, mailers, radio, or other media.

See if there are any online reviews or testimonials you can find as well. How do others describe their experience with the personal injury lawyers? Do any of the attorneys come across as properly qualified in the descriptions?

And keep an eye out for any negative reviews. If a lawyer sounds too good to be true, there could be an unsatisfied previous client who is trying to warn others.

2. Do Background Research

Once you have a list of candidates, do some research on their backgrounds. This can be described as looking at their education, how long they’ve been practicing, their general reputation, and so forth.

Now, let’s describe some other effective ways to narrow down qualified lawyers with good reputations.

Find out how long they have been practicing law, and personal injury law specifically.
See if they have earned certain accolades and/or won awards.
See if they have published any case studies.
Do they have an online bio that lays out their most impressive accomplishments?
Can you find any disciplinary actions that involve the individual lawyer? What about the law firm they work for?

While these are some general ways to narrow down qualified lawyers, don’t forget how important the personal injury specialty is. In case the laws change, you want to make sure to choose a lawyer who stays informed of all the latest developments.

Likewise, you should also make sure that the attorneys are as knowledgeable about the medical field as they are about the law.

Furthermore, you should try to make sure they have plenty of experience, not just with medical-related law, but also with your specific type of personal injury case.

3. Talk to the Personal Injury Lawyers

Recommendations and research are highly effective, but another way to narrow down qualified candidates is to talk to the lawyers themselves. This should be done once you’ve narrowed down the list using the two ways above. You don’t want to waste your time by talking to any lawyer in your area. That being said, however, you should be meeting with at least a few candidates. And be sure to come prepared with the necessary paperwork and information. This can include correspondence, medical bills, and any reports.

Ask questions

Make sure that you are asking the right questions. While you’ve ideally done some research ahead of time, you should still ask some of those basic questions to see how the attorney responds. There could be something important that wasn’t found in your online research.

To make sure the attorney is qualified, ask how many personal injury cases they’ve tried. How many of those cases have they won? Ask them about their most recent personal injury case and what the outcome of it was.

You should also be asking questions about your specific case. These can include:

What kind of personal injury law experience do you have?
Have you handled a similar case before?
Do you typically represent individuals or insurance companies?
How long do you expect the timeline of this case to be?
What would be your strategy for this case?

Discuss fees

These aren’t the only things you should be inquiring about. While some people get nervous discussing payment, it can be imperative to ask about the fees. Here are some of the questions you can ask about fees to narrow down qualified lawyers below:

Is the initial consultation free? If not, how much will I be charged?
Will I be provided with a list of fees?
How many people will be working on this personal injury case? How many different services will be involved? Will there be individual fees for every single one?
What is the ballpark anticipated cost overall, fees included?

If the individual you’re speaking to cannot answer these questions or does not provide satisfactory answers, then consider it another way to successfully narrow down your list of qualified lawyers.

The above tips describe three ways to successfully narrow down qualified lawyers, setting you on the path to find one you can fully rely on. But the best way to narrow down qualified personal injury lawyers? Choose one of our experienced, dedicated, and trustworthy attorneys here at Warren Allen LLP. We are sure our attorneys will provide the best legal advice and representation available in the Pacific Northwest, which we’ve served for over 50 years.

You can find more information on Warren Allen LLP, our specialties, and our attorneys on our website. Our blog includes helpful legal tips and expert advice. Have questions for us? Don’t hesitate to reach out. You can find our contact information on this website as well.

Man signing legal paperwork with happy woman and child. Adoption concept.

What Does an Adoption Lawyer Do?

Written by George McCoy on February 23, 2022. Posted in Family Law. No Comments on What Does an Adoption Lawyer Do?

When you decide that adoption is the right choice for your family, there are a series of steps that need to be taken. Finding an agency, choosing your child, and being matched with them are just a few. One of the steps people often overlook is the need to hire an adoption lawyer. An adoption lawyer is a legal professional who specializes in adoption-related services pertaining to law. Finding an adoption lawyer in Portland, Oregon, is as easy as finding a firm that deals with family law. Warren Allen LLP has lawyers that deal specifically with familial issues, such as issues regarding custody and adoptions.

Though it may seem like a cut-and-dry situation, adopting a child actually involves a large amount of legal work. Because there are so many things at stake when it comes to adoption, it’s best to hire someone who is familiar with and can walk you through any legal requirements necessary. They can assist you in making the decisions that will help you to expand your family and have a positive adoption experience.

Here are just a few of the things that adoption lawyers do.

Help Find an Agency

Adoption lawyers can assist you in even the earliest steps of the adoption process. That can include finding the best adoption agency in the area. An adoption agency is a licensed establishment that can let you place or adopt a child. A good adoption agency will assist your adoption lawyer in making the adoption process as easy as possible, and an established adoption lawyer will have good working relationships with local agencies.

The need to find an agency can be for prospective adoptive parents as well as parents looking to place a child with a prospective family. An agency can help you through this process, but an adoption lawyer can protect you and all of your legal rights before, during, and after. Having both an adoption agency and an adoption lawyer is the most popular and secure way that people move through the adoption process.

Complete Identified Adoptions

Not all adoptions happen in the same way. In some instances, families decide that they want to bring a child into their family without knowing who the child is beforehand. On the other hand, some families have already matched with a birth mother and don’t need the help of an adoption agency to place a child in their care. This can happen when the child is a distant member of a family or the child of a close friend. These types of situations are called identified adoption and require the help of an adoption lawyer to make them official.

Another form of identified adoption can involve stepparents. In some cases, a stepparent may wish to be the legal guardian of their stepchild through adoption. Despite the child being identified already, having an adoption lawyer can still work in your favor. They can assist you in collecting the proper paperwork and notifying the child’s birth parent, as well as represent you if you end up going to court.

Take Care of Paperwork

When you decide that adoption is the right choice for your family, you’ll need to fill out a variety of paperwork to make it official. Having all the necessary paperwork and filling it out correctly is what can officially establish someone as a parent. Not doing so can cause issues or delay the completion of your adoption. With the help of your adoption lawyer, you’ll be able to collect the proper paperwork and have it well organized by the time you need to present it.

One thing that people often overlook is the need to have an adoption lawyer even when you’re doing an identified adoption. Though you’ll skip the need to enlist an adoption agency to work on your behalf, there are still many legal steps you’ll need to take to secure adoption. Since that paperwork can differ from what is needed for traditional adoption, adoption lawyers can help you gather and present those documents as well.

Walk You Through the Requirements

There are various requirements that a prospective adoptive parent must meet in order to move forward. These conditions are different depending on the type of adoption you’re looking into. For instance, if you’re adopting a child from out of the country, families will need to be found eligible by not only US federal and state laws, but also the laws of the country you’re intending to adopt from.

Some of the other requirements include being a US citizen, being at least 25 years of age if you’re unmarried, and jointly adopting as a couple if you are married. You must also meet certain requirements that determine your suitability. These will require background checks, home studies, and fingerprinting. An adoption lawyer can help you understand the requirements and make sure you meet them all before attempting to move forward.

Provide Legal Council

No matter how you choose to move forward with the adoption process, you’ll likely face some challenging decisions. Those decisions will have consequences that can affect the adoption process now or later down the line. To make sure that your wishes are properly stated and that things go the way you’ve planned, it can be helpful to have an adoption lawyer speaking on your behalf. Adoption lawyers are familiar with the ins and outs of adoption law and can guide you in a direction that avoids any potential delays. Adoption lawyers can also provide legal services such as speaking on your behalf. Depending on the situation, you may need to go to court to complete your adoption process.

Assist You With Other Family Legal Issues

A great benefit to finding a good adoption lawyer is that they are usually well versed in other family law issues. Situations such as divorce, establishing paternity, separations, and custody all fall under the arena of family law, and establishing a good relationship with them now could make it easier for you to get their help in the future. Warren Allen LLP has a variety of lawyers in Portland, Oregon, that can assist with both adoption and other familial legal issues.

Man with injured and wrapped hand filling out "Work Injury" form.

Do I Need a Personal Injury Attorney If My On-the-Job Injury Was Caused By Someone Else?

Written by George McCoy on February 11, 2022. Posted in Personal Injury. No Comments on Do I Need a Personal Injury Attorney If My On-the-Job Injury Was Caused By Someone Else?

When it comes to injury on the job, most people immediately think of workers’ compensation. Though filing a workers’ comp claim is a necessary first step, it is not always the only step in receiving fair compensation for injuries sustained at work. This is especially true if the injury was caused by someone other than an employer or co-worker. These injuries are classified as a third-party injury claim and may entitle you to workers’ compensation and damages in a personal injury case.

If the injury you received at work was caused by a third party, you may want to file a personal injury claim in addition to the workers’ comp case. If you live in Oregon and are looking to receive fair compensation for your injury, it may be in your best interest to hire a Portland personal injury attorney. Read below to understand the benefit of a personal injury attorney for your on-the-job injury.

Understanding Workers’ Compensation

Before delving into third-party injuries, it’s important to first understand workers’ compensation. Though each state has different laws regarding workers’ comp, the program is designed to protect employees from losses due to injury or illness obtained on the job.

Workers’ comp is a type of insurance that provides medical care as well as wage replacement for wages lost. It is a no-fault program, which means that you can still receive these benefits even if the accident was your fault. Typically, this program enables an employee to receive medical care and recovery from losses while protecting the employer from potential lawsuits.

Defining Third-Party Injury Claims

An employee may file a third-party claim in addition to the workers’ comp claim if the injury they received was caused by reckless or negligent behavior by someone other than their direct employer. This excludes an injury caused by a co-worker or supervisor with the same direct employer.

What can qualify for a third-party injury claim? Any accident that was caused by someone separate from your employer. This can include jobs that work with multiple organizations at the same time while on site. Certain industries use a variety of organizations on the jo site, such as construction sites and certain fields of entertainment. Within the construction industry, there may be a general contractor, subcontractor, property manager, as well as multiple companies that specialize in framing or finish carpentry.

Third-party injuries can also occur in situations that place the employee in contact with people outside of the jobsite. For example, if an employee is driving for their job and another driver on the road hits them, the employee can file for workers’ comp as well as sue the individual responsible for the accident. If the at-fault party was driving a company vehicle, they may even file a personal injury claim against the company. An injury can also be classified as third-party if it is caused when an employee visits another company or business as part of their job duties or occurs because of a defective tool or machinery.

These injuries can include, but are not limited to, car accidents, premise liability, slip and falls, and malfunctioning equipment. It can also include occupational disease, such as exposure to a gas leak or asbestos on the jobsite, leading to health complications.

Why File a Third-Party Claim?

In most cases, Oregon’s laws and statutes protect employers from suits being brought against them by an employee. However, Oregon law also allows an employee to file a personal injury case against a third party for out-of-pocket damages. Workers’ compensation can be minimal, while a third-party claim can cover out-of-pocket expenses, economic damages, pain, and suffering, as well as punitive damages. These can be pursued in addition to workers’ comp.

Benefits of Legal Representation

If you are a victim of a third-party injury, then you may need to file a personal injury claim. If this is the case, you may also need to seek representation from a Portland personal injury attorney. A personal injury attorney will have your best interests in mind while seeking compensation. Not only will they be your advocate, but they will also have the experience and understanding to prepare your claim and gather all necessary evidence to build a strong case.

Workers’ compensation is no-fault, which means fault does not have to be proven on the employer’s part in order to receive benefits. However, in a third-party injury case, the other party must be proven at fault in order for you to receive compensation. An experienced personal injury attorney knows what evidence is necessary and will ensure you don’t miss any necessary paperwork or deadlines. There are certain time limitations depending on the claim. Hiring a personal injury attorney as soon as possible is important to ensure you don’t miss out on compensation because you waited too long.

It’s also important to hire a personal injury attorney who is experienced with both workers’ compensation law as well as personal injury law. These laws are technical and in a personal injury claim, a case could go to trial. If this is the case, you will want an experienced trial attorney as your advocate.

Compiling Evidence

If you believe you can pursue a third-party injury claim, it’s important to take action immediately. While seeking the advice of a personal injury attorney, begin compiling as much data as possible surrounding your injury. This includes copies of receipts, medical bills, records of lost wages due to lost work, witnesses’ accounts and contact information, as well as written documentation of your symptoms and experiences. Continue to seek medical treatment and keep records of these visits.

When choosing a Portland personal injury attorney, consider our expert team at Warren Allen LLP. Our firm offers legal representation and advice for people who have been affected by third-party injuries and helps them to receive compensation. Contact us today and we will help you receive the best resolution possible so you can focus on healing.

Man in suit explaining document to another man. Law concept.

What Is a Strict Liability Tort and in What Instances Is It Used?

Written by George McCoy on January 21, 2022. Posted in Personal Injury. No Comments on What Is a Strict Liability Tort and in What Instances Is It Used?

If you’ve suffered a personal injury through no fault of your own, you may be wondering what recourse you have available. An incident causing personal injury can often be traumatic, resulting in pain, expensive medical procedures, and even emotional trauma.

Warren Allen LLP wants to assist you in recouping the cost of those medical expenses and the pain and suffering you may have endured as a result. The process can be lengthy, complex, and involve specialized legalese with which you may not be entirely familiar, so it’s always recommended to enlist the assistance of a Portland personal injury attorney. But it’s always good to understand the vocabulary.

For instance, personal injury law typically involves the legal doctrine known as strict liability tort. We’ll outline for you exactly what it means and break down in what instances it’s most often used.

Strict Liability Tort Defined

Let’s break down this concept into parts. We’ll first start with tort. This term typically refers to a wrongful act that causes harm to another and for which relief may be sought in civil court through a compensatory award, commonly referred to as damages, or an injunction. Most civil lawsuits are based on tort law, with the exception of contractual disputes, which are governed by contract law.

Strict liability, in a sense, has to do with the mindset of the person whose actions caused the harm or loss. For instance, you may have heard the term “intent” used in criminal law. If a person is charged with murder, for example, a prosecutor often tries to establish that the defendant planned the crime and intended to kill the victim.

If the defendant did not intend to harm the victim, however (perhaps the death was due to negligence or recklessness rather than caused by willful action, for instance), then the defendant may be charged with a lesser crime, such as involuntary manslaughter. In this case, involuntary refers to the fact that the responsible party did not intend for the death to occur.

Strict liability, on the other hand, focuses on the responsible party’s actions rather than the intent behind them. In fact, when strict liability tort is applied, a person’s intent is not taken into consideration when deciding whether or not the person is liable for inflicting the harm.

In other words, if a person commits a harmful act, a court can find them liable for that act without a finding of fault. Even though there may have been no ill intent or negligence on the part of the responsible party, that person can still be held liable for the damage the harmful action caused. The main issue at play when strict liability tort is applied is whether the person or party to the suit is responsible for the harm or loss.

In What Instances Is It Used?

To give you a better idea of how and when strict liability tort is used, we’ll walk you through a few examples.

Criminal cases

Let’s start with criminal law. Most traffic offenses hold that the offending party is strictly liable for the offense regardless of whether or not they intended to break the law.

Let’s say, for instance, your car’s speedometer stops working and you’ve been unable to get into the repair shop to have it fixed. You’re going 50 in an area with a posted speed limit of 40 because you’re none the wiser. You’re simply following traffic. You will likely be ticketed for speeding, regardless of how fast everyone else on the road was traveling since most traffic offenses employ the use of strict liability.

Civil cases

Strict liability tort is often used in civil cases as well, particularly personal injury cases. A couple of examples include animal attacks and product defects. For instance, let’s say someone lets their dog out into the backyard to relieve itself. While the dog is outside, it somehow escapes through a hole in the fence. You see the dog running loose around the neighborhood and try to approach it to get the owner’s name and phone number off the dog tag. But as you get closer, the dog attacks.

You may be entitled to compensatory damages in the state of Oregon if the dog’s owner had preexisting knowledge that the animal was dangerous. The owner may have never intended for the dog to escape from the backyard and perhaps was never even aware that the dog left the yard in the first place. But under strict liability tort, the owner could be held responsible for the injuries the dog inflicted if there was reason to believe that the dog had a propensity for the dangerous behavior.

Strict liability tort is also used in many product defect cases. The defect may occur during the production process (known as a manufacturer’s defect) or be caused by a deficiency in the product’s original design (considered a design defect).

Under Oregon law, if you are able to establish that the product was unreasonably dangerous or that the manufacturer had a responsibility to warn about the dangers of using the product and failed to do so, you may be entitled to compensatory damages. If you’re working out on a treadmill, for instance, and the machine malfunctions, causing you serious injury, then you may be entitled to a compensatory award.

Work With a Professional

Of course, these are just examples, and the legal complexities of such cases can become quite convoluted. That’s why it’s well worth it to work with an experienced attorney. It’s also important to keep in mind that, just as there is a statute of limitations in many criminal cases, you are also bound by time constraints when it comes to filing a personal injury lawsuit. If you were injured and believe that you may be entitled to compensation, speak with a qualified attorney soon.

If you would like to consult with a Portland personal injury attorney, give Warren Allen LLP a call. We will help you get the best resolution possible and receive the compensation you deserve.

Woman signing legal documents with man and young girl watching.

What Falls Under Family Law in Portland?

Written by George McCoy on January 10, 2022. Posted in Family Law. No Comments on What Falls Under Family Law in Portland?

Life can get relatively complicated, but sorting out legal issues related to family law in Portland shouldn’t be something that is overly complicated. Finding the right representation for your issue is key, and at Warren Allen LLP, we provide the best and most solid legal counsel we can. Whether you’re looking to adopt and need some legal guidance through the process or you’re getting ready to tie the knot and want to discuss your options when it comes to prenuptial agreements, we can help. If you’re seeking a legal separation, an annulment to your marriage, or even a divorce, Warren Allen LLP is here to help.

For other issues, such as guardianship, conservatorship, or domestic violence issues, there is someone here who can help you sort through the process and the impending legal framework. For more information about what falls under family law in Portland, Oregon, please keep reading.

Children & Families

Relationships in a domestic setting take a lot of work. When things don’t go as anticipated and new situations arise, a competent attorney can help you and your loved ones navigate the path. If you’ve recently dealt with a divorce and now need to figure out custody and visitation, a legal representative can make sure that you’re securing the results that are best for you and your family.
For other issues that fall under the umbrella of children and families, you’ll find assistance with parenting plans, birth through three, child support, the enforcement of parenting plans, parental education, adoption, mediation, temporary orders, and supervised parenting time.

Divorce, Separation & Annulment

If you were recently married and you’ve realized that it’s not going to work out in the long run, and you’re within the required time period, you can sometimes get an annulment from the courts. A family law attorney can help you with this.

If you’ve been married long enough that you need to take a different course of action, you have the choice to either separate or divorce. A legal separation might be issued in the place of a divorce for a variety of reasons, including if one party wishes to remain on the spouse’s insurance plan, if there is a moral or religious reason not to divorce, if the minimum required residence (six months in the state of Oregon) hasn’t been reached yet, or if the parties don’t wish for a divorce but still do want legal help to split their property and debts, establish a parenting plan, and so forth.

Otherwise, the final option is divorce. Once the papers have been served to the receiving party, the respondent has 30 days to file a response. A divorce doesn’t have to be a long, drawn-out, or vicious affair. If both parties work together, including putting together a shared custody and parenting time plan if children are involved, the process can go fairly smoothly.

Guardianship & Conservatorship

If a person is incapable of managing their own care or legal affairs, or if a child doesn’t have a legal guardian, a competent and capable adult can petition to gain guardianship or conservatorship of that person. All people applying for this role must be up front with the court about their legal background, including if they have ever had a professional license canceled or revoked, if they ever went through a bankruptcy, or if they have ever been convicted of committing a crime. A court-appointed visitor will be assigned to the case and will be involved in the case to verify that all parties are adhering to their roles.

Because of the complexity of guardianships and conservatorships, it’s a good idea to get a lawyer who can help walk you through all the rules and laws around this topic of family law.

Prenuptials

Before getting married, a couple can outline and then legally put into place an agreement that outlines their plans for their property, their debts, and other legal rights that they acquire by getting married. There are traditional rules and laws related to marriage, but a prenuptial agreement gives more power to the couple to decide what they do and do not want relating to their marriage and their legal relationship. This is especially relevant if the marriage ends in divorce or death.

In simplest terms, it’s an outline of how the couple would like things to play out should something outside of their control happen in the course of or at the end of their marriage. Relevant topics in a prenup may include the division of property, retirement benefits, savings, and even spousal support. Having an attorney work through all of the legal processes related to prenuptial agreements makes the most sense for the couple involved, as they will need to file with the court and make sure that their agreement is deemed legal and valid.

Domestic Violence

Should things escalate and your safety become at risk, always get out and away and contact a first responder. Once you’re in a safe space and you’re in need of legal counsel on the issue of domestic violence, family law in Portland, Oregon, can help you in a handful of ways.

You can file a restraining order in the Family Abuse Protection Act (FAPA), get help through the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), or get a Sexual Abuse Protection Order (SAPO). If there are other issues, such as stalking, an Extreme Risk Protection Order (ERPO), or firearms restrictions, then there are family law firms that can help sort through the thick of some of these heavy topics.

There are many laws and rules that attorneys are versed in. Particularly when your physical, mental, or emotional well-being is in jeopardy, it’s best to have representation to make sure all the bases are covered and that you and your family are safe and secure. Attorney’s may also have other recourse and access to other resources to help protect you and those you love.
If you have questions or would like more information about family law in Oregon, contact Warren Allen. Our expert team can help you out.