Personal Injury Law - Warren Allen LLP

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.

Vehicular Accidents

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

Slip And Fall Accidents

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

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

Product Liability

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

Animal Bites

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

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

Medical Malpractice

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

Workplace Accidents

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

What Does A Personal Injury Lawyer Do For Clients?

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

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

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

Get The Help You Need

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

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

Written by George McCoy on August 20, 2023. Posted in Personal Injury. No Comments on What Can a Personal Injury Lawyer in Portland Do for Me?

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

Legal Expertise and Guidance

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

Case Evaluation and Investigation

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

Expert Handling of Insurance Companies

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

Accurate Calculation of Damages

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

Legal Representation in Court

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

Contingency Fee Arrangement

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

Focus on Your Recovery

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

Settlement Negotiation Skills

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

Trial Experience

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

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

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

Alternative Dispute Resolution

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

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

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

What To Do If You’re Bitten By a Dog

Written by George McCoy on August 10, 2023. Posted in Personal Injury. No Comments on What To Do If You’re Bitten By a Dog

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

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

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

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

Here are steps you can take following a dog bite:

When a Dog Bite Occurs

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

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

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

Clean Wound and Apply First Aid

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

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

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

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

Get Information From the Dog Owner

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

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

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

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

See a Medical Professional

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

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

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

Contact a Personal Attorney if Necessary

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

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

Is a Dog Bite Injury Attorney Worth It?

Written by George McCoy on July 20, 2023. Posted in Personal Injury. No Comments on Is a Dog Bite Injury Attorney Worth It?

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

Expertise in Dog Bite Laws

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

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

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

Determining Liability

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

Gathering Evidence

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

Negotiating with Insurance Companies

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

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

Maximizing Compensation

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

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

Peace of Mind

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

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

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

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

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

How To Prepare for a Personal Injury Deposition

Written by George McCoy on July 10, 2023. Posted in Car Accident, Personal Injury. No Comments on How To Prepare for a Personal Injury Deposition

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

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

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

What Is a Deposition?

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

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

Review the Facts

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

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

Listen Carefully and Pause Before Answering

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

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

Don’t Volunteer Information

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

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

Answer Truthfully

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

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

Communicate With Your Attorney

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

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

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

How Do I Get Compensation for a Dog Bite

Written by George McCoy on June 20, 2023. Posted in Family Law, Personal Injury. No Comments on How Do I Get Compensation for a Dog Bite

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

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

Seek Medical Treatment

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

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

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

Document Everything

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

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

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

Collect Evidence

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

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

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

Notify Authorities

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

Partner With an Attorney

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

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

The Bottom Line

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

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

What Information Does My Personal Injury Attorney Need From Me?

Written by George McCoy on May 20, 2023. Posted in Personal Injury. No Comments on What Information Does My Personal Injury Attorney Need From Me?

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

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

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

Why Choose a Personal Injury Attorney?

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

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

Provide Your Attorney All Incident Reports or Law Enforcement Reports

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

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

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

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

Take Pictures and Send Them to Your Legal Team

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

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

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

Keep a Recovery Journal and Provide a Copy to Your Attorney

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

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

Provide Any Bills and Any Insurance Information

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

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

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

5 Factors That Matter in a Strong Personal Injury Claim

Written by George McCoy on April 20, 2023. Posted in Personal Injury. No Comments on 5 Factors That Matter in a Strong Personal Injury Claim

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

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

Liability

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

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

Damages

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

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

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

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

Causation

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

Timing

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

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

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

Legal Representation

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

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

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

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

Category: Personal Injury