Personal Injury Law - Warren Allen LLP

What Factors Should I Consider When Hiring Attorneys in Portland?

Written by George McCoy on March 20, 2024. Posted in Estate Planning, Family Law, Personal Injury. No Comments on What Factors Should I Consider When Hiring Attorneys in Portland?

How do you find the right attorney when you need legal advice or representation? Your first step might be to ask family, friends, neighbors, and coworkers for recommendations. First-hand experience with a law firm or attorney can provide valuable information about how they approach cases, treat clients, communicate, and more.

You might also do a quick internet search to see what attorneys are in your area. It’s important to find a local law firm for a few reasons. Since laws vary from state to state and in different jurisdictions, a local firm will be the most familiar with the laws and local court system that might affect your case. Secondly, depending on the type and complexity of your case, you might need to consult with their team more than once, which will be easier with a local attorney.

If you’re looking for attorneys in Portland, Oregon, for instance, the expert team at Warren Allen, LLP, has a wealth of experience representing clients across Washington and Oregon in a range of legal areas. Specialties include personal injury, family law, landlords’ rights, condominiums, estate planning and probate, and wildfire recovery.

Besides location, though, there are several other factors to consider when hiring attorneys in Portland or any other city. The following guide outlines some things to think about in your search.

Area of Expertise

First and foremost, you want an attorney familiar with your type of case. When attorneys specialize in a particular area of law, they are better equipped to provide sound legal advice and represent you in court should that become necessary. Familiarity with your type of case ensures the attorney can:

Develop effective legal strategies. They stay updated on changes in the related laws and are familiar with relevant case precedents and rulings, so they know what approach works best, what type of evidence is needed, etc.
Capitalize on established relationships. They will likely have established relationships with judges, other attorneys, and experts in the area who can help with your case. For example, in personal injury cases, you need an expert to establish negligence, gather evidence, and assess damages.
Work efficiently and confidently. Because these attorneys have already spent a lot of time working with similar cases, they won’t need extra research time, which will be more cost-effective for you. Knowing what paperwork is needed and which steps you need to take can also significantly reduce the risk of missing important deadlines or leaving out pertinent information.

Level of Experience and Reputation

Of course, you would like an experienced attorney with a high success rate, but how can you check? The first step is to contact your state’s bar association or use their online search function to verify the attorney’s credentials. Their online entry should also indicate whether they have faced any disciplinary actions or if there have been complaints filed against them. State bar associations should also have information about the attorney’s track record of cases.

You can also ask the attorney for references or case studies from some of their previous clients. These references can help you gauge client satisfaction and success rate. Read any reviews or testimonials you can find online. Do they have a good reputation?

Professionalism

Another important factor to consider is the level of professionalism of the attorney and the law firm. You want to feel confident that you and your case are in capable hands. When a law office, the attorney, or their team is disorganized, chaotic, or perpetually late, they will likely handle your case the same way.

Communication

Maintaining professionalism in communication covers a few different areas. When you call or email, do they answer quickly, or do you have to follow up on communication attempts to get a response? Do they listen to you and answer your questions, or are they dismissive? Are they clear in their communication, or do they use many legal terms you might need help understanding? Do they seem genuinely interested in your welfare and your case?

Another thing that communication might clarify is whether or not the attorney has the time and resources to dedicate to your case and focus on your needs. Even if their communication is professional, delays in responses indicate that your attorney is very busy with a heavy workload and may be unable to give your case the necessary attention for success.

Presentation

If your attorney might eventually represent you in court, you want them to have a professional appearance and presentation, which will inspire confidence. You can begin to gauge their level of professionalism by looking at their website and office. Do they have typos on their website? Is the office messy or dirty? Are they dressed appropriately for a business atmosphere?

Although these issues might be minor, they can give you a better sense overall of how seriously the attorney takes their job and, in turn, how much effort they will put toward your case.

Fee Structure

Some attorneys charge by the hour. Others work on a contingency fee basis, meaning you are only required to pay them if you win the case. Some charge flat fees for specific services. Discuss fees upfront and make sure you have a clear understanding of the billing structure. A good rule of thumb is to avoid any law firm that:

Makes you feel uncomfortable asking questions about the fee structure
Cannot provide you with specific information about fees and costs
Guarantees you will win your case or will receive a certain amount of financial compensation

Compatibility

Even for a relatively simple case, you will work closely with your attorney and need to trust them. Feeling compatible and comfortable with your attorney is especially important if your case is sensitive (as in many family law or personal injury cases) or complicated. Trust your gut. Considering the above tips, you are in the best position to know whether the attorney you’re consulting with is the right fit for you.

Many reputable law firms offer free initial consultations for potential clients. These consultations are both to make sure you have a strong case and also to allow you to get a feel for the attorney. Take advantage of this service to ask questions and assess your comfort level.

Experienced Attorneys in Portland

Finding the right attorney might take some time. Don’t be afraid to interview multiple candidates before making a final decision. Ultimately, it’s worth the effort to make sure you have the right team on your side. If you are looking for experienced, professional, caring attorneys in Portland and the Pacific Northwest, contact the team at Warren Allen LLP. We would love to discuss your case with you.

What Is the Role of Insurance in Personal Injury Cases?

Written by George McCoy on February 20, 2024. Posted in Personal Injury. No Comments on What Is the Role of Insurance in Personal Injury Cases?

Personal injury cases are common and can include car accidents, slip-and-fall incidents, workplace injuries, and dog bites. If you have been involved in an accident that caused you physical, mental, or emotional harm because of someone else’s actions or negligence, you might be entitled to financial compensation from the party at fault.

Insurance companies and their representatives usually work to settle personal injury claims. Depending on the type of personal injury case, different types of insurance policies and companies might be involved. Consulting with a personal injury lawyer in Portland, like the Warren Allen LLP team, who specializes in these types of cases, is often a good idea since they can help you navigate the claims process, negotiate with insurance companies on your behalf, and represent you in court if you are unable to reach a fair settlement.

For instance, if you are looking for a personal injury lawyer, ensure they are well-versed in providing solid legal advice and working on all types of personal injury cases, which should include:

Vehicular accidents
Slip and fall accidents (also known as premises liability)
Product liability
Animal bites
Medical malpractice
Workplace accidents

It’s important to remember that the insurance company of the other party involved in the accident will likely try to settle the claim as quickly as possible while minimizing the financial impact on their client. Understanding the different types of insurance policies and companies you might encounter and their role in personal injury claims might help you be more prepared to ensure the best outcome for yourself. The information below provides an overview of insurance in personal injury cases, including things to watch out for.

Common Types of Insurance Policies Involved In Personal Injury Cases

Many insurance policies offer some coverage for personal injury claims. The following are a few different kinds of insurance and the costs they might cover.

Automobile Insurance

Most drivers have car insurance that provides liability coverage that helps pay for bodily injury or physical damage you might cause in an accident. Depending on the policy, medical bills, car repairs, pain and suffering, and lost wages might be covered. Some states also require personal injury protection or no-fault insurance as part of your plan. This protection might help pay for medical costs and sometimes lost wages not covered by your regular health insurance, no matter who was at fault in the accident.

Insurance companies generally use a specific formula and minimum amounts the state sets to determine the settlement amount they offer you.

Business Owner’s Policy And Homeowners’ Insurance

Slip-and-fall incidents most often occur at businesses or on private property. Business owner’s policies combine liability coverage and property insurance; some homeowners’ insurance policies can include personal liability coverage. In both cases, the insurance policy could cover the medical bills of a third party who is injured on the property of the business or home due to negligence, like an icy sidewalk, slippery floor, or a loose board on the porch.

The insurance company sets coverage limits depending on the plan purchased by the business or homeowner. Any settlement beyond those limits would be paid out-of-pocket by the policyholder. Also, it’s important to remember that claims against insurance policies often raise rates for the policyholder, making them more likely to challenge these claims. An experienced personal injury lawyer on your side is especially helpful if the situation becomes contentious.

Workers’ Compensation Insurance

Any time you are injured while on the job, your employer should have workers’ compensation insurance coverage to help cover any medical treatment or lost wages as you recover. Many workers’ compensation claims are paid in full, even if you are at fault. Typically, when you accept payment, you give up any rights to sue your employer for the incident, including for financial compensation for pain and suffering in the future.

Medical Malpractice Insurance

In the United States, all hospitals have medical malpractice insurance, and many healthcare professionals do as well. These insurance policies provide liability coverage related to claims of medical negligence, products, or services that result in a patient’s injury or death. Medical malpractice cases are complicated, and it’s usually best to consult with professionals before pursuing one.

What Do Insurance Companies Do In Personal Injury Claims?

As a general rule, when an accident is reported to an insurance company, they assign a claims adjuster who will be responsible for the following:

Investigate the accident
Gather information and evidence through eyewitness accounts, pictures, police reports, medical records, etc.
Assess the extent of damages and injuries
Interview and determine the liability of their policyholder
Calculate the amount of compensation to be offered
Negotiate with you or your representative to settle the claim

Insurance Company Tactics To Be Aware Of

Remember that the insurance adjusters work for the insurance company of the other party involved in your accident, not you. They most likely do not have your best interests in mind. To minimize the financial impact on their employer (the insurance company) and their client (the policyholder), they might employ a few different tactics you should be aware of, including:

Offering a low initial settlement amount
Pressuring you to settle early, before your medical treatment or car repairs are complete
Attempting to shift liability from their client to you
Requesting records, reports, or personal recorded statements from you that might be used against you (such as information about pre-existing medical conditions or prior personal injury claims)
Trying to settle your claim before you’ve consulted with a lawyer or pursue litigation

When To Talk To A Personal Injury Lawyer

It’s always a good idea to consult with a personal injury lawyer in Portland before providing recorded statements to an insurance claims adjuster or accepting any settlement offers outright. Many attorneys provide free initial consultations to offer legal advice on protecting your rights. They can also help you assess any settlement offers you might receive and whether you should pursue litigation.

Negotiating with insurance companies can take time and effort. If you cannot reach a fair settlement agreement with an insurance company, it is in your best interests to work with a personal injury lawyer who can help you file a personal injury lawsuit and represent you in court. When you contact the team at Warren Allen LLP, you will have access to a personal injury lawyer in Portland with a wealth of knowledge and experience representing clients throughout the Pacific Northwest. Dealing with the aftermath of an accident can be challenging. It helps to have a team on your side. Call today to discuss how Warren Allen LLP can help you!

How Do You Know Who’s At Fault in a Car Accident in Oregon?

Written by George McCoy on January 20, 2024. Posted in Personal Injury. No Comments on How Do You Know Who’s At Fault in a Car Accident in Oregon?

Getting into a car accident is never a pleasant experience, and when it happens in Oregon, understanding the nuances of determining fault becomes crucial. Oregon follows a no-fault insurance system and at first glance, that system may seem straightforward. However, the intricacies of this system, coupled with exceptions and legal considerations, demand a closer examination.

This article will break down the fault determination process in Oregon car accidents, shedding light on the state’s no-fault system and the pivotal role of a Portland personal injury lawyer.

The Basics of Oregon’s No-Fault System

The no-fault system in Oregon operates on the fundamental principle that each party involved in a car accident is responsible for their own injuries and damages, regardless of who caused the accident. This particular approach is designed to simplify the claims process, with each driver’s insurance covering their related medical expenses and losses.

However, this is not a one-size-fits-all scenario, as there are exceptions to the no-fault rule.

Exceptions to the no-fault system come into play when medical expenses exceed a predefined threshold or when injuries are deemed severe. An injured party may be eligible to pursue a claim against the at-fault driver in such cases. At this point, it is in their best interest to contact a lawyer like Warren Allen LLP and schedule a free consultation with one of our Portland personal injury lawyers.

These exceptions acknowledge the limitations of a strict, no-fault approach and ensure that individuals with significant damages have avenues for appropriate compensation.

Deciphering Fault In Oregon Auto Accidents

Understanding the foundations of fault determination is crucial for those navigating the aftermath of a car accident in Oregon. Thre are several factors that come into play with fault determination:

Foundations In Traffic Laws: The cornerstone of finding fault lies in carefully examining Oregon’s traffic laws and regulations. Rules regarding speed limits, right-of-way, and other traffic norms provide the framework for assessing liability. If any party involved in the accident violated these regulations, it can become a critical factor in determining fault.
Role Of Police Reports & Witness Statements: Law enforcement officers play a pivotal role in the post-accident scenario by creating detailed reports. These reports encompass the officer’s observations, statements from involved parties, and any observed violations of traffic laws. Additionally, witness statements can either corroborate or challenge the events leading up to the collision. The combination of police reports and witness statements aids in constructing an accurate narrative of the accident.
Insurance Adjuster Investigations: Insurance adjusters undertake thorough investigations to determine fault, utilizing resources such as police reports and witness statements. However, individuals involved in an accident must approach these investigations cautiously, recognizing the potential for biases. Seeking guidance from a Portland personal injury lawyer at Warren Allen, LLP will provide valuable assistance in navigating these complexities.
The Crucial Role Of A Portland Personal Injury Lawyer: The legal professionals at Warren Allen specialize in deciphering the nuances of Oregon’s no-fault system, ensuring that individuals receive fair compensation for their losses. A Portland personal injury lawyer emerges as an indispensable asset in the intricate landscape of fault determination.

Warren Allen LLC’s Portland personal injury lawyers serve as seasoned guides, steering clients through the legal complexities associated with fault determination. Their expertise in understanding the intricacies of Oregon’s no-fault system is instrumental in ensuring that individuals are treated fairly in the aftermath of an accident.

Assessing Damages & Negotiating Compensation

Beyond navigating legal complexities, Portland personal injury lawyers play a crucial role in assessing the full extent of damages incurred by their clients. From medical expenses to property damage, these attorneys meticulously quantify losses, enabling them to negotiate with insurance companies effectively and secure just compensation for their clients.

While the no-fault system streamlines the claims process, exceptions allow for litigation against the at-fault driver. In such scenarios, a Portland personal injury lawyer becomes an advocate, building a compelling case to demonstrate the opposing party’s liability. Their expertise in litigation ensures that clients receive due compensation for the damages suffered.

Prompt Reporting & Documentation

Prompt reporting of the accident to law enforcement and insurance companies is crucial. Documenting the scene through photographs and collecting witness contact information provides essential evidence for fault determination and subsequent claims.

Avoid Statements That Admit Fault

In the aftermath of an accident, individuals should exercise caution and refrain from making statements that may be construed as admissions of fault. Consulting with a Portland personal injury lawyer before providing statements to insurance companies is a prudent step to safeguard legal interests.

Securing Legal Representation Early

Engaging the services of a Portland personal injury lawyer early in the process significantly influences the trajectory of a case. These attorneys bring a wealth of experience to the table, ensuring that clients’ rights are protected and that they receive fair compensation for their damages.

In conclusion, determining fault in a car accident in Oregon involves a comprehensive understanding of the state’s unique no-fault system. From traffic laws and police reports to the indispensable role of a Portland personal injury lawyer, various factors contribute to this intricate process. By adhering to best practices, promptly reporting accidents, and securing legal representation when needed, individuals can navigate the aftermath with greater clarity and confidence.

The expertise of a Portland personal injury lawyer emerges as a crucial asset in unraveling the legal complexities and ensuring a fair resolution for those affected. As individuals seek to recover from the physical, emotional, and financial toll of an auto accident, the guidance of a Portland personal injury lawyer becomes paramount, providing a sense of justice and a pathway to fair compensation. With the right approach and support, individuals can navigate the complexities of fault determination and emerge with a fair resolution in the aftermath of a car accident in Oregon. If you’ve been in an accident and need legal help, reach out to us at Warren Allen today.

Common Types of Personal Injury Cases and How to Handle Them

Written by George McCoy on December 20, 2023. Posted in Personal Injury. No Comments on Common Types of Personal Injury Cases and How to Handle Them

You might have seen commercials for personal injury lawyers talking about fighting for your rights if you’re the victim in an accident with a semi-truck or if you have gotten sick as a result of using specific products. Although vehicular accidents and product liability are common types of personal injury cases, there is a range of issues that can fall under the umbrella of “personal injury.”

What constitutes personal injury according to the law? Any time you sustain an injury as a direct result of the actions or negligence of another person or entity (such as your place of employment, a government agency, a business, etc.), you might have a personal injury case. As in other states, Oregon personal injury law has a statute of limitations deadline for filing this type of case. In Oregon, you must file your claim within two years of sustaining the injury.

How can a personal injury lawyer help? Usually, personal injury lawyers work to get financial compensation from the responsible party to help you with medical bills, lost wages, repairs, pain and suffering, and loss of quality of life.

Below are descriptions of the most common types of personal injury cases and how personal injury lawyers, like the Warren Allen LLP team, handle them.

Types Of Personal Injury Cases

It’s important to remember that the term “personal injury” does not exclusively mean “bodily injury.” In some cases, you can suffer mental or emotional damage as the result of someone else’s actions or inaction, and the law recognizes these issues as personal injury.

Vehicular Accidents

Accidents involving vehicles are prevalent. According to the Centers for Disease Control and Prevention, road traffic crashes are the leading cause of death in the United States for people between the ages of 1 and 54. Vehicular accidents can occur with any type of vehicle, including bicycles, boats, airplanes, and mass transportation like buses or trains. If you are a pedestrian or cyclist struck by a vehicle, you may also have a valid personal injury claim.

Oregon adheres to a traditional “fault-based” system, meaning the person at fault is held responsible for any resulting damages or harm. Personal injury lawyers often help clients navigate the insurance claims process, analyze insurance policies and negotiate with the insurance company, gather evidence like police reports or eyewitness accounts, and represent you in court if needed.

Slip And Fall Accidents

As the name suggests, slip-and-fall accidents are when an individual slips or trips, falls and sustains an injury on another person’s property. A more formal name for this type of personal injury case is a premises liability claim. If you slipped and fell due to negligence, the property owner or the person responsible for the property at the time of the incident might be required to compensate you financially for your injuries.

Some common causes of slip and fall accidents are snow and ice accumulation on a sidewalk, missing handrails, poor lighting, liquid spills, uneven surfaces or poorly maintained stairs, flooring, etc. If the property did not take proper precautions, like posting warning signs or ensuring appropriate maintenance, they could be held liable.

Premises liability cases are not restricted to businesses. Individual homeowners can also be liable if you can prove you were injured on their property due to negligence.

Hiring a personal injury lawyer for a slip and fall case is a good idea because they understand what is necessary to establish negligence in the eyes of the law. They can arrange for an assessment of the premises, gather appropriate evidence to prove negligence, negotiate with property owners or insurance companies as needed, and represent your case in court if you cannot reach a fair settlement.

Product Liability

When you purchase and use a product, you put a certain amount of faith in whoever designed, manufactured, and sold you that product. They have a legal and moral obligation to ensure that the products they provide are safe for consumers. If you use the product as intended, but it damages you or your property because of a product defect, you might have an avenue open to pursue a product liability claim and recoup money for the resulting damages.

Working with a personal injury lawyer who understands Oregon’s product liability laws is usually best. The total damages for which you may be eligible might be reduced because of the “comparative” fault of you as the user.

Try to keep as much of the defective product together as possible so that your attorney can work with experts to investigate and gather evidence. Experienced attorneys can also negotiate with manufacturers and insurance companies on your behalf. If proper compensation is not provided, your personal injury lawyer can help you file a lawsuit and represent your interests in court.

Animal Bites

Unfortunately, over 4.5 million people are bitten by dogs in the United States annually. Dog or other domesticated animal bites can cause physical injury that requires medical care but can also result in psychological damage.

As with other types of personal injury cases, your lawyer will help assess the liability of the animal’s owner and negotiate with them, their insurance company, or their attorney, if necessary. Depending on the case, your attorney might seek compensation for medical expenses, therapy, counseling, lost wages, or other damages related to pain, suffering, or loss of quality of life, especially if injuries were severe or had long-term consequences.

Medical Malpractice

Healthcare providers always strive to diagnose and treat our illnesses and injuries correctly. However, they are human, and there might be times that you experience substandard medical care. A missed diagnosis, a wrong diagnosis, or an error during surgery can result in significant physical and emotional injury.

Working with a personal injury lawyer is especially important in medical malpractice cases because expert medical evidence and testimony will most likely be required for a successful case. Your attorney will work with experts to review medical records and assess the standard of care. Your attorney can also negotiate with insurance companies and work with you to file a lawsuit.

Workplace Accidents

While a workers’ compensation insurance claim might be the first and most appropriate route for accidents at work, in some cases, you may also be eligible to make a personal injury claim. If a third party (like the manufacturer of a defective product) was involved in the incident, you could file a personal injury claim against them. Consulting with legal experts is the best way to ensure you receive everything you are due from everyone who might be at fault.

No matter what type of personal injury case you might have, working with experienced attorneys who understand Oregon personal injury law is essential to getting the help you need. Don’t let the medical bills pile up while you try to deal with insurance companies alone.

Call our personal injury team at Warren Allen, LLP. They will offer sound legal advice and representation as they work to get you the appropriate compensation and the best resolution to your situation.

Personal Injuries and Emotional Distress: Understanding Your Claims

Written by George McCoy on December 10, 2023. Posted in Personal Injury. No Comments on Personal Injuries and Emotional Distress: Understanding Your Claims

After you incur a personal injury, you often experience physical pain and suffering. What you don’t realize is you may also experience emotional distress. Though you may not be able to see it, emotional distress can be just as traumatic as a physical injury, if not more.

This article will help explain emotional distress, how it can relate to an accident or injury, and how it might apply to your personal injury claim.

What is Emotional Distress?

When it comes to a personal injury claim, emotional distress is defined as “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.”

Emotional distress can manifest itself in many different ways, which may not be evident at first. It could even be brushed aside and attributed to physical injury. Knowing the signs and symptoms of emotional distress can help you understand how it’s affecting your mental health.

Some common signs of emotional distress include, but are not limited to:

subtle personality changes
crying spells or bursts of anger
increased use of alcohol or drugs
changes in appetite or difficulty eating
increasing physical distress symptoms such as headaches or stomach pains
feeling guilty, helpless, or hopeless
avoiding family and friends, isolating
trouble keeping track of things or remembering

Since some of these symptoms can be masked by physical injury, it is vital to be aware of any emotional changes you may be feeling, regardless of your bodily injury status. Keep a journal and note the changes in your mental health. If you notice any of the signs above, getting the support you need is vital.

Understanding the Legal Basis for Emotional Distress Claims

Whether it’s a car accident, a workplace incident, or a slip and fall, the impact of personal injuries can extend far beyond physical pain. Understanding the connection between personal injuries and emotional distress is crucial when it comes to seeking compensation for your suffering.

Emotional distress claims are a subset of personal injury claims that focus on the psychological harm suffered by the victim. These claims assert that the negligent or intentional actions of another party caused significant emotional distress, resulting in mental anguish and psychological trauma. While physical injuries may be more visible and tangible, emotional distress claims recognize the profound impact that psychological harm can have on a person’s well-being. By understanding the legal basis for emotional distress claims, you can better navigate the legal process to seek appropriate compensation.

How Does Emotional Distress Affect You?

Physical Injuries

The pain, suffering, and lifestyle changes that accompany physical injuries can encompass a wide range of emotions, including fear, anxiety, anger, depression, loss of enjoyment of life, and even post-traumatic stress disorder (PTSD). Our personal injury lawyers in Portland can help you recognize and identify the validity and impact of emotional distress on a person’s mental health and overall quality of life. It’s essential to address these emotional impacts alongside the physical ones when seeking compensation.

Psychological Trauma

Psychological trauma resulting from personal injuries can have far-reaching consequences on emotional well-being. Witnessing a traumatic event, such as a serious accident or violence, can cause severe psychological distress. This trauma can manifest as nightmares, flashbacks, and intense fear, affecting daily life and mental health. Recognizing the psychological impact of personal injuries is crucial in understanding the full scope of emotional distress.

Chronic Illness

Personal injuries aren’t always limited to isolated incidents but can also encompass chronic illnesses and conditions. Coping with a chronic illness can take a toll on a person’s mental health, leading to emotional distress. The constant pain, limitations, and uncertainty associated with chronic illnesses can contribute to feelings of frustration, sadness, and anxiety. Acknowledging the emotional burden of chronic illnesses is essential when seeking compensation for the overall impact on one’s well-being.

Long-Term Effects of Emotional Distress on Mental Health

Emotional distress can have long-lasting effects on mental health if not effectively addressed. Untreated emotional distress may lead to chronic anxiety, depression, and other mental health disorders. By understanding the potential long-term consequences, it becomes evident that seeking compensation for emotional distress is not only fair but necessary to obtain the resources for proper treatment and support.

Establishing Duty of Care in Personal Injury Cases

To pursue an emotional distress claim, it is crucial to establish the legal concept of duty of care. This concept recognizes that individuals and entities have a legal obligation to act responsibly and avoid causing harm to others. Proving that the party responsible for your personal injury owed you a duty of care is essential in building a solid emotional distress claim.

Causation is another critical element in emotional distress claims. It requires demonstrating that the personal injury directly caused the emotional distress suffered. Establishing this link may involve medical records, expert testimony, and evidence of the emotional impact experienced. By connecting the personal injury to the emotional distress, you strengthen the foundation of your claim.

Determining the Level of Emotional Distress

Emotional distress claims often require meeting a threshold to be eligible for compensation. This means that the emotional distress experienced must reach a certain level of severity, causing significant harm and disruption to one’s life. While the exact requirements vary depending on jurisdiction, understanding the severity threshold is imperative in evaluating the strength of your emotional distress claim.

When it comes to proving emotional distress in personal injury cases, documentation is key. Keep a record of any mental or emotional symptoms you experience after the incident. It’s also helpful to track any changes in your daily life, relationships, or work performance attributed to your emotional distress. Save any relevant documents, such as medical records or therapy session notes, that support your claims.

Seeking legal advice is always advisable to navigate this complex aspect of your case. Our personal injury lawyers in Portland can help you understand how your particular injury impacts your emotional well-being. If you believe you or a loved one has sustained a personal injury, contact Warren Allen, Attorneys at Law, to schedule your free consultation with one of our personal injury lawyers in Portland.

Traumatic Brain Injuries: Seeking Compensation and Support

Written by George McCoy on November 10, 2023. Posted in Personal Injury. No Comments on Traumatic Brain Injuries: Seeking Compensation and Support

According to the Brain Injury Association of America, approximately 2.8 million people sustain traumatic brain injuries annually in the United States alone. Although there is a wide range in severity, symptoms, and causes, this type of injury can be a life-altering event for an individual and their family.

You may be entitled to financial compensation if you have suffered a traumatic brain injury due to an accident or someone else’s negligence. Discussing your situation with a personal injury lawyer in Portland, like the expert team at Warren Allen, LLP, can help answer your questions and get you started on the road to recovery.

Types Of Traumatic Brain Injuries

As the name suggests, a traumatic brain injury (TBI) is an injury to the brain that affects how it functions. Generally speaking, there are two major types of TBIs. When an object penetrates the skull and damages brain tissue, it is commonly known as a penetrating or open TBI. Open TBIs often occur in accidents involving machinery or vehicles, like car accidents.

A non-penetrating or closed TBI most often occurs due to an external blow or jolt to the head or body that is forceful enough to move the brain inside the skull dramatically. These types of TBIs are more common in falls or sports. In some instances (e.g., natural disasters or serious accidents), an individual can experience both types of TBI simultaneously.

Common Symptoms

The brain is incredibly complex, so symptoms may not appear immediately but might develop or worsen over time. Sometimes, it can take weeks to know the full extent of the injury as the brain and the body work to recover from the initial trauma.

If you are in an accident or experience a blow to the head, it’s always a good idea to see a doctor, even if you’re not showing any symptoms. However, it’s imperative to seek medical help if you notice any of the following symptoms within 24 hours of sustaining a TBI:

Headache
Nausea/vomiting
Seizures
Vision problems (blurriness, double vision, unevenly dilated pupils, light sensitivity)
Loss of, change in, or decreased consciousness
Disorientation or confusion
Difficulty with memory, concentration, or decision-making
Changes in mood (anxiety, depression, agitation, irritability, anger, emotional outbursts, unusual behavior, etc.)
Slurred speech
Problems with hearing (ringing in the ears or sensitivity to sound)
Clear fluids from the nose or ears
Loss of balance, dizziness, lack of coordination
Weakness in limbs or face
Sleep issues (excessive or unexplained fatigue, drowsiness, difficulty falling asleep, sleeping more than usual, no energy, lack of motivation, inability to wake up)
Unpleasant taste in the mouth

Personal Injury Cases Involving Traumatic Brain Injuries

When it comes to the law, the term “personal injury” refers to physical or emotional pain, suffering, or harm resulting from someone else’s negligence or an accident that was not your fault. Many different events can result in a TBI, so if you have been involved in one, you might have a personal injury case.

Some of the most common incidents causing a TBI can include the following:

Vehicular accidents: including cars, bikes, motorcycles, trucks, boats, etc. TBIs may happen from a collision between vehicles, being thrown from a car, or if you are a pedestrian or a cyclist struck by a vehicle.
Slip and fall accidents: especially if the fall includes hitting your head on a hard surface.
Accidents in the workplace: head injuries are common at construction sites or when working with heavy machinery.
Sports or recreational activities: contact sports like football or roller derby and recreational activities like skiing, snowboarding, dirt bikes, or mountain climbing can result in collisions, impacts, falls, and other head injuries.
Medical malpractice: mistakes in medical procedures or other issues while under a doctor’s care can sometimes result in a TBI.
Defective products: when a product like a bike helmet or a car seat is faulty, the user might suffer a TBI when the product does not protect them as it should.
Dog bites: A TBI might occur if a dog attack is severe, especially if the dog bites the face or head.
Premises liability or negligence: if a head injury occurs at a business or even a private property, the property owner might be held responsible if adequate and appropriate safety measures (e.g., warning signs about falling rocks or slippery surfaces, railings, etc.) were not taken.

As previously noted, seeking medical help and documenting all symptoms, diagnoses, and treatments is essential if you experience a TBI, no matter the precipitating cause. As brain injuries often have long-lasting or permanent effects, a medical professional should evaluate the extent of your injury and discuss treatment options and what types of impacts you might expect in the future.

How To Get Compensation For A TBI

When you meet with a legal expert, like a personal injury lawyer in Portland, Oregon, at Warren Allen, LLC, they can evaluate your situation, help you build your case, and seek compensation, if warranted.

In general, a personal injury lawyer will assist you in:

Establishing negligence – usually, you must demonstrate that you were injured due to someone else’s fault or negligence.
Collecting evidence – gathering together as much evidence as possible, including medical records and diagnoses, accident reports, surveillance footage, eyewitness statements, prescriptions, doctor’s notes, treatment plans, pictures of injuries (like dog bite marks) or locations, etc., can all be helpful for your case.
Determining damages – a legal expert will be up-to-date on the amount and type of compensation you might be eligible for, such as loss of income, emotional distress, pain and suffering, any physical rehabilitation or long-term care you might need, therapy, counseling, medical care, reduced quality of life, etc.
Representing you in negotiations, settlements, or litigation – whether working with insurance companies or other parties involved in an accident, your attorney can best negotiate on your behalf and present your evidence. Parties often prefer to settle out of court, but should your case go to trial, a personal injury lawyer can represent your interests and work for fair compensation.
Appealing an unfavorable verdict – if a judge rules against you, your attorney can help you navigate the court system to file an appeal, if appropriate.

Once the court rules in your favor, you will receive financial compensation. This compensation often comes through the other party’s insurance company but sometimes comes in a structured settlement or payment plan rather than a lump sum.

TBI Information And Support Groups

Dealing with some of the long-term consequences of a TBI can be expensive and emotionally draining for individuals and families. Thankfully, some federal and state resources are available that provide additional support. A quick Google search can point you toward many different resources, but the following are some places to start.

The Centers for Disease Control and Prevention lists where to get help in your state. The organizations listed provide helpful information about what to expect when you have a TBI, fact sheets, support groups for individuals and families, and other resources as you recover.

Financial Assistance

Suffering from a TBI can be a financial burden. Many families require outside financial assistance between medical bills, ongoing care, lost wages, or an inability to work. Federal assistance might be available through the Social Security Disability Insurance and Supplemental Security Income programs.

Benefits.gov is a free website that allows you to search through over one thousand government programs to see if you are eligible for financial benefits and assistance.

Other Assistance

Each state has its own Department of Rehabilitation or Department of Vocational Rehabilitation Services to help residents with disabilities, including brain injuries, find employment and access resources. The Job Accommodation Network provides contact information for each state office. You can apply in person or online. If accepted, you can work with a case manager who will assist you in seeking employment suitable for you, choosing the best doctors for any long-term care you need, finding appropriate housing, accessing resources to help you live independently, and providing educational resources about your TBI for family members and coworkers.

If you have suffered a TBI due to an accident or someone else’s negligence and want to talk to a personal injury lawyer in Portland to see if you have a case, contact Warren Allen, LLP today. We have years of experience dealing with all types of personal injury cases. Let our team be your team!

Choosing the Right Personal Injury Lawyer for Your Case

Written by George McCoy on October 10, 2023. Posted in Car Accident, Personal Injury. No Comments on Choosing the Right Personal Injury Lawyer for Your Case

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

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

When Do You Need a Personal Injury Lawyer?

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

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

What To Look For

Look for References

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

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

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

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

Experience

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

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

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

Working on Contingency

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

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

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

Communication

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

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

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

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

Written by George McCoy on September 10, 2023. Posted in Personal Injury. No Comments on What is a Personal Injury Lawyer? When Do You Need One?

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

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

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

Types Of Personal Injury Cases

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