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Category: Personal Injury

What Are Special Damages in a Personal Injury Case?

What Are Special Damages in a Personal Injury Case?

Written by George McCoy on . Posted in Personal Injury.

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

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

What Are Special Damages in a Personal Injury Case?

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

Medical Expenses

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

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

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

Lost Wages

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

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

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

Property Damage

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

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

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

Seeking Special Damages in a Personal Injury Case

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

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

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

What To Do When Your Dog Bites You

What To Do When Your Dog Bites You

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

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

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

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

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

Seek Immediate Medical Care

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

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

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

Reporting the Incident

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

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

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

Evaluating Behavioral Triggers

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

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

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

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

Long-Term Safety and Legal Protection

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

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

What Is Considered an Emotional Injury?

What Is Considered an Emotional Injury?

Written by George McCoy on . Posted in Personal Injury.

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

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

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

Common Symptoms of Emotional Injury

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

Types of Emotional Injury

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

Anxiety

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

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

Depression

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

Post-Traumatic Stress Disorder (PTSD)

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

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

Loss of Enjoyment of Life

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

Grief and Bereavement

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

Emotional Distress

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

Emotional Injury in Personal Injury Law

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

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

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

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

Consult with Warren Allen About Your Emotional Injury

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

What to Expect When Working with a Portland Injury Lawyer

What to Expect When Working with a Portland Injury Lawyer

Written by George McCoy on . Posted in Personal Injury.

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

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

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

Case Evaluation

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

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

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

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

Gathering Evidence

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

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

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

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

Negotiations and Courtroom Representation

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

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

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

Expect the Support You Deserve

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

What Questions to Ask After a Car Wreck in Oregon?

What Questions to Ask After a Car Wreck in Oregon?

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

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

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

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

Questions to Ask Immediately

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

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

Questions for Law Enforcement

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

Questions for Others Involved

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

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

Questions for Witnesses

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

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

Questions for Your Insurance Company

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

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

Questions for a Personal Injury Lawyer

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

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

What Types of Cases Do Personal Injury Attorneys in Oregon Handle?

What Types of Cases Do Personal Injury Attorneys in Oregon Handle?

Written by George McCoy on . Posted in Personal Injury.

Personal injury attorneys in Oregon, as in other states, work to protect the rights of victims of negligence, accidents, or intentional misconduct of many different kinds. From negotiating with insurance companies to compiling and evaluating evidence to representing you in court, personal injury attorneys provide support as you seek justice and financial compensation to assist in your recovery. A fair settlement can help you with medical expenses, lost wages, repairs, and pain and suffering.

If you’re wondering if your situation falls under the umbrella of a personal injury case, the following descriptions outline the types of cases that personal injury attorneys in Oregon, like the experienced team at Warren Allen LLP, handle for their clients.

Car and Other Vehicular Accidents

Unfortunately, accidents involving cars, trucks, motorcycles, and bicycles are common no matter where you live. Collisions often occur due to road or weather conditions, inexperience, disobeying traffic rules, distracted driving, reckless driving or speeding, or driving while under the influence or fatigued.

For Oregon drivers, determining fault in an accident is important because the person at fault can be held responsible for damages or injuries, including emotional distress. Personal injury attorneys are experienced in navigating the insurance claims process and might be able to negotiate a fair settlement for you with the other driver’s insurance company.

If you do need to pursue legal action in court, your personal injury lawyer will obtain evidence to support your case. This might include police and eyewitness reports, surveillance footage, photos, and other evidence from the scene. They can also work with medical and other experts, such as accident reconstruction experts, to bolster your case. Your lawyer will represent you in court if the case is not settled beforehand.

Medical Malpractice

Medicine is not an exact science, but we trust that our medical health professionals will use their expertise to accurately diagnose and treat our health issues, sicknesses, and injuries to the best of their ability. However, there might come a time when you experience significant harm (either physical and emotional) due to substandard medical care or a healthcare provider’s negligence.

Known as medical malpractice, these personal injury cases usually involve a missed diagnosis, an incorrect diagnosis, surgical errors, birth injuries, or mistakes with medication prescriptions. Consulting with a personal injury lawyer in cases of medical malpractice is essential because these types of cases are usually complex and require expert medical testimony and detailed evidence that might be difficult to put together on your own. They can work with medical experts to assess the standard of care, identify any breaches of that standard, determine liability, and file the appropriate claims on your behalf.

Slip and Fall (or Premises Liability)

Slip-and-fall accidents, where you sustain an injury from slipping, tripping, or falling, can happen at a business, but they can also occur if you fall on someone’s private property. Property and business owners have a moral and legal obligation to maintain safe conditions on their premises and to appropriately warn visitors of known hazards. For instance, when an employee mops up a spill and the floor is wet, the business should place a sign to alert customers until the floor is dry.

If you experience a slip-and-fall accident due to negligence, you might be entitled to some financial compensation from the property owner or the person responsible for the property at the time of your injury.

Common causes of slip-and-fall accidents include:

  • Icy sidewalks
  • Wet floors
  • Uneven surfaces
  • Poorly maintained stairs or floor
  • Inadequate lighting

Personal injury attorneys in Oregon understand the ins and outs of Oregon premises liability requirements. They can work toward establishing the property owner’s negligence legally by demonstrating how the property owner should have known about the hazard, did not ensure safe conditions, or did not use signage or appropriate notification to warn visitors. Your personal injury attorney will also gather evidence and documentation, including police or incident reports, photographs of the scene, eyewitness accounts, and medical records, to strengthen your case.

Workplace Injuries

When it comes to workplace injuries, in many cases, filing a workers’ compensation insurance claim should be your first course of action. However, you might also be eligible for a personal injury claim, especially if a third party (for example, an equipment or product manufacturer) contributed to your accident. Consider consulting with a personal injury attorney if you need assistance filing a workers’ compensation claim, if a third party was involved in your injury, or if you have been denied a claim, wrongfully terminated, or retaliated against after filing a claim.

Dog Bites

Laws and ordinances covering when an owner can be held liable if their dog attacks someone vary by state. Personal injury attorneys in Oregon are familiar with dog bite laws, which follow a mixed-liability model, where a dog owner is held liable if they knew or should have known about their dog’s dangerous behavior.

In dog bite cases, a personal injury attorney will investigate the dog’s history and whether there were prior incidents of aggression. They’ll also try to establish whether the dog owner failed to use reasonable care to prevent the attack.

Wrongful Death

Sometimes, surviving family members may choose to pursue a personal injury case on behalf of a loved one who has died as a result of negligence or another party’s intentional actions. Most often, these types of wrongful death cases arise from car accidents, medical malpractice, workplace accidents, or defective products. Personal injury attorneys can help identify the responsible parties, establish negligence or liability, and pursue financial compensation to cover funeral expenses, pain and suffering, loss of wages, and so on.

Need Personal Injury Attorneys in Oregon?

If you would like an ally as you navigate life after experiencing a traumatic injury or other damages due to the actions or negligence of another party, consulting with legal experts who specialize in personal injury cases is an important step. Keep in mind that the statute of limitations in Oregon to pursue legal action after personal injury is two years, so the sooner you reach out, the better. Warren Allen LLP’s team of personal injury attorneys have years of experience in evaluating cases, providing legal guidance, communicating with insurance companies and opposing counsel, seeking fair compensation for damages, and compassionately representing our clients’ interests in court. Schedule a free consultation to discuss your case today.

Involved in a Hit and Run in Oregon? What To Do Next

Involved in a Hit and Run in Oregon? What To Do Next

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

Being involved in a hit-and-run in Oregon can be a shocking and disorienting experience, leaving drivers feeling stunned, confused, and uncertain about what to do next. The sudden impact, the sound of crunching metal, and the realization that the other party has fled the scene can be traumatic, and it’s not uncommon for drivers to feel overwhelmed and unsure of how to proceed. In the aftermath of a hit-and-run incident, drivers may face a range of challenges, from dealing with insurance companies to seeking medical attention for injuries.

A hit-and-run incident can be complex, involving multiple parties, insurance claims, and potential legal action. Having to interact with law enforcement, insurance adjusters, and medical professionals, all while trying to repair your vehicle and get your life back on track, can be incredibly stressful and frustrating.

This article will provide guidance for drivers who find themselves in the aftermath of a hit-and-run accident in Oregon, outlining the immediate steps to take, the importance of obtaining medical attention, and the options for seeking compensation. Understanding the process can help you make informed decisions and take the necessary steps to protect your rights and interests.

At Warren Allen LLP, we understand the complexities and challenges involved in these cases. We have a deep understanding of the unique nature of Oregon law and are committed to client-centered advocacy and helping hit-and-run victims receive the best possible outcome in their cases.

Immediate Steps After a Hit-and-Run

After a hit-and-run, take immediate action and report the accident. Contact the police and provide as much detail as possible about the incident, including the location, time, and description of the other vehicle. If the other party has fled the scene, reporting the accident to the police can help initiate an investigation and increase the chances of identifying the other driver.

Gathering evidence is another critical part of the process. You should take photos of the scene, including damage to your vehicle or property and visible injuries. You should also make note of any distinctive features of the other vehicle, such as the license plate number or make and model of the vehicle. Witness statements can also help piece together what happened.

Be sure to keep a detailed record of any expenses related to the accident, including medical bills, repair estimates, and a record of any time missed from work. This will help you build a strong case and increase the chance of compensation.

Seeking Medical Attention

After a hit-and-run in Oregon, seek medical attention. Having a thorough medical evaluation can help identify any potential hidden injuries that may not be immediately apparent, like whiplash or internal injuries. A medical evaluation also provides a record of the injuries, which can be important for insurance purposes and in the case of a lawsuit. Some injuries may require ongoing treatment, and a medical professional can also help develop a treatment plan to ensure the best possible outcome.

Seeking prompt medical attention ensures you receive both the necessary treatment and the documentation to support your claim. This can be especially important in hit-and-run cases, where the at-fault driver may not be identified or may not have insurance.

Understanding Your Legal Rights

It’s important to understand the legal rights and options available to victims of a hit-and-run in Oregon, as medical billing and insurance laws can be complex. Oregon law takes hit-and-run incidents seriously, and drivers who flee the scene can face severe penalties, including fines, license suspension, and even imprisonment. The law requires drivers to stop and exchange information after an accident, and failure to do so can result in serious consequences.

It’s also important to be mindful of the statute of limitations for filing a claim in Oregon, as this sets a deadline for filing a lawsuit. If you miss this deadline, you may lose your right to seek compensation. The statute of limitations for personal injury claims in Oregon is generally two years from the date of the accident, but it’s best to consult with an attorney experienced in Oregon law, like those at Warren Allen LLP, to understand the specific requirements for your case.

Insurance Options and Uninsured Motorist Coverage

After a hit-and-run in Oregon, understanding your insurance options is essential to ensuring you receive the compensation you deserve. Oregon law requires drivers to carry personal injury protection (PIP) coverage and uninsured motorist coverage. Uninsured motorist coverage can help cover expenses related to medical bills, lost wages, and property damage when the at-fault driver is not identified or does not have insurance.

Insurance adjusters may ask questions about the incident, and it’s important to provide accurate and detailed information. You should also review your policy to understand the coverage limits or any exclusions that may apply. It’s also a good idea to keep a record of all correspondence with your insurance company, including phone calls, emails, and letters.

Pursuing Compensation

In a hit-and-run case, victims may be eligible for compensation for various types of damages, including economic damages, such as medical expenses and lost wages, and non-economic damages, like pain and suffering and emotional distress. In some cases, punitive damages may also be available, which can be awarded to punish the at-fault driver for their reckless or intentional behavior. Seeking legal representation is imperative in the aftermath of a hit-and-run in Oregon. An experienced attorney will advocate on the victim’s behalf, ensuring their rights are protected and that they receive the compensation they deserve. Warren Allen LLP is a trusted resource for those seeking legal guidance and representation and can help victims of hit-and-run incidents achieve the best possible outcome. Contact us so you can move forward with your life.

Is Hiring a Personal Injury Attorney in Portland Worth It?

Is Hiring a Personal Injury Attorney in Portland Worth It?

Written by George McCoy on . Posted in Personal Injury.

Personal injury cases can stem from a wide range of incidents, including car accidents, slip and fall accidents, medical malpractice, and product liability. In Portland, if you’ve suffered injuries due to the negligence or recklessness of others, you may be able to seek compensation for damages. Due to the unique nature of Oregon’s laws, hiring a personal injury attorney in Portland can make all the difference, providing you with the expertise and support you need to pursue justice and secure fair compensation.

Physical pain, emotional distress, and financial hardships are just a few of the consequences caused by personal injury, varying in severity and duration. In addition to coping with the immediate aftermath of an injury, ongoing medical expenses, lost wages, and reduced quality of life are also common challenges you may face after an injury has occurred. Seeking compensation through a personal injury claim can help you recover your losses and rebuild your life, but the process can be complex and intimidating, especially for those who are unfamiliar with the law.

Hiring a skilled and experienced personal injury attorney in Portland provides you with the expert representation you’ll need, guiding you through the intricacies of the legal system and ultimately securing the compensation you deserve. Your attorney will handle all aspects of your claim, from gathering evidence to negotiating with insurance companies to representing you in court. This takes a significant burden off you so you can focus on your recovery.

The attorneys at Warren Allen LLP have extensive experience in handling personal injury cases and a proven track record of securing successful outcomes for our clients. In this article, we lay out why hiring a personal injury attorney for your Portland case is always worth consideration.

Understanding Personal Injury Law

Personal injury law is a complex and multifaceted field that encompasses a wide range of concepts, principles, and regulations. It’s important to have a clear understanding of your rights and options under personal injury law, and this is where hiring a personal injury attorney in Portland can be incredibly beneficial.

A personal injury attorney will help you understand key concepts such as negligence, liability, and damages. Negligence refers to the failure of an individual or entity to exercise reasonable care, resulting in harm to another person. Liability refers to the legal responsibility of an individual or entity for causing harm to another person. Damages refer to the compensation awarded to an individual for their injuries and losses.

In addition to understanding these key concepts, you should also be aware of the various types of compensation that may be available, including economic damages, non-economic damages, and punitive damages. Economic damages refer to the financial losses incurred because of an injury, such as medical expenses and lost wages. Non-economic damages refer to the non-financial losses due to an injury, such as pain and suffering, and emotional distress. Punitive damages refer to the compensation awarded to an individual as punishment for the negligent or reckless behavior of the person liable.

Working with a personal injury attorney in Portland allows you to gain a deeper understanding of these complex concepts and ensure your rights are protected throughout the legal process.

Building a Strong Case

Gathering and analyzing evidence is a fundamental aspect of building a strong case. Witness statements provide valuable insights into the circumstances surrounding the injury, while medical records help establish the extent of the injuries and the necessary treatment. Expert testimony can offer specialized knowledge and opinions that help support your case.

In addition to collecting evidence, your attorney will also help you preserve your evidence, ensuring that it remains intact and admissible in court. This could involve storing physical evidence, such as photographs or videos, in a secure location or ensuring that digital evidence, such as emails or text messages, is properly documented and retained.

By working with a personal injury attorney in Portland, you can ensure your case is built on a solid foundation of evidence. The attorneys at Warren Allen LLP will present your case and advocate on your behalf to secure fair compensation for your injuries and losses.

Dealing with Insurance Companies

Dealing with insurance companies can be a daunting task, especially for individuals who are already struggling with the aftermath of a personal injury. Insurance companies have teams of adjusters and lawyers who will try to minimize payouts and protect the company’s interests. Hiring a personal injury attorney in Portland can be a game-changer in these situations, providing you with the expertise and support you need to negotiate with insurance companies and secure fair compensation by advocating on your behalf and pushing back against low settlement offers.

Insurance companies often use tactics like delaying payments, making low settlement offers, and disputing the severity of injuries to minimize payouts. For example, insurance companies may try to dispute the severity of your injuries by arguing they are not as serious as claimed. Your attorney will counter these tactics with medical evidence, such as doctor’s reports, medical records, and expert testimony, to establish the severity of your injuries.

Benefits of Aggressive Representation

In personal injury cases, you need an attorney who will assert your rights and interests by taking a proactive approach to your case. Aggressive representation sends a clear message to insurance companies and defendants that you will not settle for less than you deserve, making them more likely to settle your claim quickly and fairly to avoid the uncertainty and expense of a trial. Hiring a personal injury attorney in Portland is not just about securing compensation but also about holding negligent parties accountable for their actions. The experienced attorneys at Warren Allen LLP are committed to providing exceptional representation for those seeking compensation after a personal injury and delivering personalized support and aggressive advocacy for every client.

Personal Injury Settlement vs. Going to Trial: Is One Better?

Personal Injury Settlement vs. Going to Trial: Is One Better?

Written by George McCoy on . Posted in Personal Injury.

If you’ve suffered an injury from an accident caused by someone else’s negligence, you may be entitled to compensation for financial and emotional damages. Even though it can be a trying time while you recover from your injury, it’s important to file your claim as soon as possible so you can receive the money you may be owed. However, do not feel pressured to rush for a personal injury settlement without weighing all your options.

Should you resolve your personal injury case through a settlement or court trial? Each has its own advantages and disadvantages, so it’s important to examine each course of action as it relates to your particular claim. Ultimately, you should choose the route that maximizes the compensation you are entitled to without compromising your own comfort level in the process. What is most important to you? A higher reward? Faster resolution? Lower fees? Choose the route you are comfortable with that can best achieve your desired outcome.

At Warren Allen LLP, we understand it can be difficult to make the best decision in the aftermath of an accident. That is why our team of experts is ready to advise you every step of the way. Our firm is dedicated to representing your best interests so you can receive fair compensation and the best resolution possible.

Personal Injury Settlement vs. Going to Trial

Before we examine the pros and cons of opting for a settlement or going to trial, it’s important to first understand the difference between these two viable options.

A personal injury settlement is a formal agreement between the injured party and the at-fault party for an agreed-upon sum of money in lieu of going to court. The injured party drops their legal claim in exchange for financial compensation from the at-fault party. The injured party can receive compensation for financial and emotional damages, including, but not limited to, medical bills, lost wages, property damage, and pain and suffering.

This can happen anytime throughout the litigation process. The plaintiff’s lawyer sends a demand letter to the defendant’s lawyer detailing the amount of damages being sought and the documents justifying these demands. Both parties work toward an agreement through negotiations.

If your personal injury case goes to trial, both the injured and at-fault party present their claims before a judge or jury. Each side of the case is presented through testimonies and physical evidence. After opening statements, cross-examinations, and closing statements, the jury or judge reaches a verdict. Finally, a ruling is issued based on this verdict.

Now that you understand the basic differences between a personal injury settlement and going to trial, which one is better?

Pros and Cons of a Personal Injury Settlement​

When you decide to settle out of court, you can benefit from a faster resolution so you can receive your compensation sooner. This can save you the hassle of lengthy, drawn-out proceedings that may delay payment and generate more stress. An attorney may advise settling to save you the emotional stress of reliving a painful memory in a public court. When you settle, you can ensure your own privacy with a speedier resolution, recoup losses faster, and focus on what matters most: healing.

When you settle, you are not giving up control to an uncertain outcome determined by a judge or jury. You have the power to negotiate the terms and compensation amount, providing more certainty and less risk. You are guaranteed compensation and can negotiate a favorable outcome. You can also avoid costly court fees.

Keep in mind, however, there is potential for lower compensation. To avoid going to trial, the injured party may need to accept a lower amount. While the amount may be less than the result of winning a trial, it is guaranteed. If your case goes to trial, you risk walking away empty-handed. On the other hand, a lower settlement may not fully cover your damages, and all settlements are final. You cannot renegotiate if your injuries worsen.

Pros:

  • Faster resolution
  • Less risk with certain outcomes and guaranteed compensation
  • Lower costs in legal fees, court costs, and lost time at work
  • Confidentiality

Cons:

  • Potential for lower compensation
  • No guarantee of fairness
  • No renegotiations
  • No public accountability

If you believe the settlement amount is unfair, you could benefit from going to trial.

Pros and Cons of Going to Trial

Insurance companies often attempt to minimize the amount you receive for your personal injury settlement. If you take your claim to trial, an impartial judge or jury determines the outcome. If you have a strong case with clear evidence pointing toward negligence, you may be awarded significantly higher compensation. You may also be awarded additional compensation for pain and suffering.

Court trials can also provide justice for the injured party. The at-fault party is not only deemed liable but found “guilty.” There is now a public record of their negligence, and it may deter repeat offenses. Going to trial can provide accountability for the negligent party and transparency for the victim and the public. It can also set a precedent for similar cases in the future, possibly preventing further wrongdoing.

Though there may be greater potential for higher compensation, it’s not guaranteed. You can walk away with more, less, or nothing at all. Trials are not only unpredictable but also expensive. This can add financial stress on top of the emotional stress of going to trial. Be prepared for the trial to take up to a year or more to get started after the demand is initially filed.

Pros:

  • Potential for higher compensation
  • Potential for a fair outcome and justice for the injured party
  • Public record creates accountability and transparency

Cons:

  • More expensive than settling
  • Can be stressful for everyone involved
  • More risk with unpredictable outcomes
  • Lengthy process from pre-trial discovery and depositions to the trial itself and possible appeals
  • Lack of privacy with public records

The Bottom Line

Each case is different. Your legal expert at Warren Allen LLP will help you decide when you can benefit from settling or when it is advantageous to go to trial. Contact us today to receive sound legal advice and learn what your options are. Your personal injury attorney will protect your best interests, whether that’s settling out of court or in.

What Does Loss of Enjoyment of Life Mean in Personal Injury Terms?

What Does Loss of Enjoyment of Life Mean in Personal Injury Terms?

Written by George McCoy on . Posted in Personal Injury.

You’ve suffered an injury due to someone else’s negligence and you’re left wondering, what’s next? Perhaps their wrongdoing has had a profound impact on your quality of life. Maybe you’ve had to take time off from work to receive treatment and recover. Medical bills and other expenses are piling up while you’re trying to focus on what matters most, healing. Maybe the injury you sustained from the other party’s negligence has left you in chronic pain and you can no longer do the things you once enjoyed. If so, you may be entitled to compensation for both economic and emotional damages.

Though it’s easier to calculate lost wages, medical bills, and damaged property, it’s not the only thing that counts as compensable damage. Your quality of life matters. If you have experienced “loss of enjoyment of life,” a legal concept we will unpack in this article, you may be entitled to additional compensation. How is non-economic loss evaluated and does your particular case qualify? Keep reading to understand how this process works and whether the impact you’ve suffered from your personal injury may entitle you to compensation.

What Is Loss of Enjoyment of Life?

Injuries can alter your life in such a way that they diminish your previous quality of life. Before your accident, you may have had a robust lifestyle filled with social engagements, hobbies, sports, travel, and other activities that brought you joy. Daily chores such as cooking and cleaning might have been done with ease. Now, you may struggle to keep up with day-to-day chores that are necessary to sustain daily living. On top of that, it may not be possible to participate in your hobbies or engage in activities that previously filled you with purpose and joy. This diminished quality of life may be compensable.

Loss of enjoyment of life is a legal term that refers to non-economic damage that may be claimed as part of a personal injury case. To claim these damages, you need to be able to prove that your injury has had a direct impact on your quality of life, limiting or preventing you from participating in the activities you once enjoyed.

Since diminished quality of life can be subjective, insurance companies may try to minimize the compensation you receive and not offer a fair amount for your losses. Avoid losing out on what you may be owed by partnering with a personal injury attorney. Experts in personal injury law can fight for your best interests and help you find the best resolution possible.

What Circumstances Qualify as Loss of Enjoyment of Life?

Loss of enjoyment of life refers to injuries sustained from an accident that impede your ability to participate in activities you previously enjoyed.

Some examples of qualifying circumstances include, but are not limited to:

  • You are no longer able to participate in your favorite physical activities due to extensive injuries from your accident. Limited mobility, loss of limbs, or paralyzation may keep you from participating in your favorite sports or hobbies such as hiking, running, rock climbing, playing basketball, or other physical activities.
  • A traumatic brain injury may affect your cognitive ability to focus on activities you enjoy such as reading, writing, playing music, pursuing intellectual studies, and other hobbies requiring attention.
  • You are unable to hold or play with your children or take care of pets.
  • You no longer have the ability to travel or pursue recreational activities with friends and family.
  • You’re unable to participate in social engagements and loss of social opportunities.
  • Your injuries lead to chronic pain.
  • Your injuries limit your ability to be sexually intimate with your partner.
  • You are unable to complete daily tasks such as cooking, cleaning, laundry, sleeping, driving, and so forth.

If you are uncertain if your exact experience qualifies as a loss of enjoyment of life or have questions regarding your eligibility for compensation, it may be wise to seek legal counsel. Our team of legal experts at Warren Allen LLP is ready to answer your questions and offer legal advice you can count on. We will review your case and help you receive the compensation you are entitled to.

How Is Loss of Enjoyment of Life Calculated?

Economic damages may initially seem easier to quantify and clearer cut than non-economic losses. Since finances deal with numbers, you can look at receipts and paystubs to calculate how much money you lost due to medical bills, property damage, or lost wages from missing work. Conversely, you cannot put a number on losing intimacy with your partner or experiencing depression from missing out on your favorite social activities and hobbies. Without the guidance of numeric value, how is non-economic loss evaluated?

Two of the more common methods insurance companies use to calculate non-economic loss are the multiplier and per diem methods.

The multiplier method uses the value of economic damages and multiplies it by a number assigned based on a variety of factors, such as the severity of the injury, the age of the injured party, and future repercussions from the injury. The multiplier is assigned a number typically between 1 and 5. If an injury is catastrophic, resulting in severe physical trauma, the multiplier may be awarded a number higher than 5. An example calculation of this method might be: If the injured party has a total of $50,000 in economic damages and is assigned a multiplier of 3, then they can be entitled to $150,000 for their loss of enjoyment of life.

The per diem method assigns a value for the loss of enjoyment of life per day, and the injured party is paid for each day they suffered from their injury. This method is suitable for temporary damages in which the plaintiff is expected to make a full recovery and not for accidents causing lasting pain or permanent injury.

Final Considerations

Your personal injury attorney will evaluate your damages and ascribe a potential dollar value to your non-economic losses. Using cases with similarities, they will determine which dollar amount is considered fair and negotiate on your behalf with the insurance company. Though they cannot guarantee any amount, they can help you receive fair compensation and the best resolution possible.

In many cases, loss of enjoyment of life can have a profound impact on claim resolution, resulting in increased settlement amounts or court awards—the amount of money ordered by the court in a lawsuit to be paid to the injured party.

Navigating the complexities of loss of enjoyment of life may prove difficult without the help of a skilled attorney. Consider enlisting the help of a legal firm experienced in personal injury claims. They can help you submit a strong claim with the necessary evidence so you can receive what you are entitled to. For the best possible outcome, contact Warren Allen today to learn what your options are. We’ll do the hard work for you, so you can focus on what matters most: getting better.