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How Do I Know If I Have a Valid Personal Injury Claim?

In the whirlwind of confusion that often follows an accident or unexpected injury, determining whether or not you have a valid personal injury claim can be more complicated than it seems. This is especially true in Oregon, where personal injury claims often involve complex legal and factual issues due to the legal nuances of Oregon state.

At Warren Allen LLP, we specialize in Oregon state personal injury law. We will help you evaluate your claim’s viability while providing guidance and support throughout the process. Consulting a personal injury lawyer in Portland can provide significant clarity and counsel for your claim. You should still have a grasp of the essential elements of a valid claim so you can make informed decisions and take the necessary steps toward justice.

The Basic Components

Personal injury cases can arise from a wide range of scenarios, including motor vehicle accidents, slip and fall incidents, medical malpractice, product liability, workplace accidents, assault and battery, and nursing home abuse. Before seeking compensation, understanding the core components contributing to a successful case before seeking compensation is essential.

You have to establish legal responsibility. Prove the defendant had a legal duty to exercise reasonable care to prevent harm to others and failed to meet those standards. For instance, drivers have a duty to follow traffic laws, and property owners must maintain safe conditions on their premises. If a driver runs a red light and causes a collision, they have breached their duty of care by failing to follow traffic regulations. If a property owner doesn’t maintain their porch stairs and the wood rots and you fall through and injure yourself, they have breached their duty of care.

It must be proven that the defendant’s failure to meet their duty directly resulted in your injury or harm, and demonstrating a clear link between the defendant’s negligence and the injury you sustained is the crux of every personal injury case. 

You must prove measurable harm, meaning that your injury or damage resulted in tangible consequences, including medical expenses, lost wages, or emotional distress. The harm you suffered must be quantifiable to establish the basis for seeking compensation.

Oregon-Specific Personal Injury Regulations

Understanding Oregon’s laws and regulations governing personal injury claims is crucial for effectively navigating the complicated claims process. For instance, Oregon has a statute of limitations that allows you two years from the date of the injury to file a claim. You may lose your right to seek compensation if you miss this deadline.

Additionally, Oregon follows a comparative negligence doctrine, meaning that any damages awarded may be reduced based on your percentage of fault. For example, if you are found to be 30% responsible for the accident, your damages could be reduced by 30%. 

While Oregon does not impose general caps on compensatory damages, there are specific limitations for punitive damages. A personal injury lawyer in Portland can help you understand how these laws apply to your case and ensure compliance with Oregon’s legal standards.

Gathering Evidence

Gathering and presenting relevant evidence is the foundation for a solid personal injury claim. Appropriate evidence may include medical records and bills documenting your injuries and treatment, police reports, and accident documentation offering an objective account of the incident, including details that establish fault and causation.

Witness statements and testimony provide additional support for your version of events, enhancing the credibility of your claim. Photographic and video evidence, such as images of the accident scene or visible injuries, can further illustrate the impact of the incident. Expert opinions and testimony from medical professionals or accident reconstruction specialists can also be invaluable in substantiating your claim.

The long-term consequences of personal injuries can affect not only the individual but also their loved ones. Chronic pain, permanent disability, and ongoing medical treatment can significantly alter an individual’s quality of life, making everyday activities challenging. Personal injuries can impact career prospects, relationships, and overall well-being. 

It is important to consider these long-term effects when seeking compensation to ensure that the award or settlement covers future medical expenses, lost earning potential, and other related costs. This approach helps individuals adapt to their new circumstances and rebuild their lives more effectively.

Personal injury cases can also have profound emotional impacts, extending beyond physical harm. Injuries can lead to significant psychological distress, including anxiety, depression, and post-traumatic stress. Additionally, the legal process itself can be stressful and overwhelming. It is important to acknowledge the emotional aspects of your case and seek support from loved ones, mental health professionals, or support groups. Addressing these emotional challenges can help you cope with the aftermath of an injury and navigate the legal process with greater resilience.

A personal injury lawyer in Portland, like our team at Warren Allen LLC, can assist you in identifying, collecting, and organizing this evidence effectively. Presenting evidence clearly and compellingly helps demonstrate the extent of your injuries and the defendant’s liability, increasing the likelihood of securing fair compensation. 

Settlement Negotiations

Maximizing compensation and achieving justice is the primary goal of a personal injury claim. You must identify all potential sources of compensation and pursue damages for past and future medical expenses, lost wages, and pain and suffering. 

Once a strong case is built, you or your lawyer will negotiate with insurance companies or defendants. This process involves evaluating the strengths and weaknesses of your case, determining a fair settlement range, and crafting a persuasive demand letter.

If settlement negotiations fail to produce a satisfactory result, taking the case to trial may be necessary. A trial involves filing a lawsuit, serving the defendant, engaging in discovery, and gathering additional evidence through depositions and document exchanges. Your lawyer will develop a trial strategy, prepare witnesses, and present your case to a judge or jury.Effective litigation requires thorough preparation and advocacy to ensure that your rights are protected and your interests are represented. Your case will be handled professionally and diligently at Warren Allen LLP. Schedule a consultation today and take the first step toward rebuilding your life.

Pacific Power Reaches Settlement with 403 Plaintiffs Over 2020 Labor Day Fires

PORTLAND, Ore. â€” Pacific Power reached a $178 million settlement with 403 plaintiffs, in which the vast majority of plaintiffs opted out of James class action litigation. The company has settled nearly 1,500 Labor Day 2020 wildfire claims with individuals and businesses in California and Oregon. The company will continue to settle all reasonable claims.

“We are pleased to resolve these claims to provide plaintiffs with some closure,” said Ryan Flynn, Pacific Power president. “The process that led to this settlement represents the fairest and most efficient way to resolve wildfire litigation. Class litigation is costly, complex, takes several years to run its course through the legal system and is a barrier to reasonable outcomes for impacted individuals whose personal experiences vary dramatically.”

Plaintiffs in the settlement are represented by Warren Allen, the Swigart Law Group and Spreter & Petiprin.

“This settlement marks a significant step forward for all Oregonians affected by the 2020 Labor Day Fires,” said George McCoy, attorney at Warren Allen. “It provides meaningful compensation to those affected, enabling them to rebuild and recover from these traumatic events. We acknowledge PacifiCorp’s willingness to engage in constructive dialogue and reach a mutually agreeable resolution. This settlement represents a collaborative effort to address the needs of the community, and we remain committed to pursuing further resolutions to support the ongoing recovery of all Oregonians affected by the fires.”

Pacific Power has provided safe, affordable and reliable power and served as a key driver of economic growth throughout Oregon for more than a century. The ongoing risk of wildfires to the utility model threatens that continued growth and the creation of living-wage jobs.

The safety of our customers and communities remains our top priority. Pacific Power has an industry-leading wildfire mitigation program, including investments in grid hardening, situational awareness, forecasting, data science and enhanced vegetation management. The company also uses comprehensively developed operational practices in high-risk conditions to increase the safety of Oregon communities.

The growing threat of wildfires affects everyone and is larger than any single company, industry or government. It is critical that wildfire-related issues be solved holistically, with businesses, governments and key stakeholders working together to design and implement constructive, enduring solutions.

For more detailed information about the settlement and Pacific Power’s initiatives, you can read the full press release here.

Is Oregon a No-Fault State for Auto Accidents?

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

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

No-Fault vs. At-Fault Systems

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

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

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

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

Which System Does Oregon Follow?

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

What Compensation Is Available for At-Fault Auto Accidents?

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

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

Should You Seek Legal Representation?

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

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

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

What Constitutes a Personal Injury?

Hopefully, you’ll never have to deal with a personal injury case. However, you could get caught in an accident and need help navigating how to handle it. That’s where our experienced team at Warren Allen LLP can help. It’s always good to be careful, but when something blindsides you, our representatives are here to get you the compensation you need.

A personal injury case begins when you experience an accident that results in you being injured or in the death of a loved one. So, what constitutes a personal injury?

Here are four facts about personal injury cases to help you get started.

1. Personal Injury Is Not the Same as Bodily Injury

The terms personal injury and bodily injury are sometimes used interchangeably, but they have two different meanings. If you have a personal injury lawsuit, that means you’re a plaintiff looking for compensation because you’re a victim of an accident or a social wrong (as in a defamation of character case). The defendant is the person you’re suing for compensation from. Their negligence caused an injury to you.

For instance, consider a situation where the manager of a store fails to fix a loose railing for the stairs and doesn’t post any signs about it to warn people against using it. While in the store, you use the railing, fall down the stairs, and break your leg. In this case, you can ask for compensation for your medical bills and lost wages while you recuperate.

If you have a bodily injury case, it’s most likely in the context of a car accident. If you sustained bodily injury in a car accident, the at-fault driver’s insurance will pay out compensation to you, whether you’re a pedestrian, another driver, or a passenger in another car. This compensation can be for out-of-pocket medical expenses, treatment procedures (such as x-rays, specialist doctor’s visits, and physical therapy), and transport to the hospital. Other plaintiffs have been known to receive compensation for pain and suffering, but this tends to be rare in bodily injury cases, as insurance companies typically pay out for physical injuries.

2. It’s All About Negligence

Remember the example of the stairway railing? Imagine instead that there had been a prominent sign posted stating not to use the railing or that the railing was going to be fixed soon. If you still used the railing, fell, and broke your leg, you probably wouldn’t have much of a case because the store was not being negligent.

In a personal injury case, you also need to prove that there was negligence on behalf of that company. This railing example would be known as a premises liability lawsuit and can be filed against the person or entity in control of those premises. Personal injury claims come up frequently in cases where there are defective products, professional malpractice, or abuse as a result of nursing home negligence. The most common personal injury cases tend to be car accidents, product liability, dog bites, and slip and fall accidents.

3. Compensation for a Personal Injury Claim

There are two kinds of compensation you can expect from your personal injury claim: economic and non-economic.

Economic compensation is what most of us think of when we think of compensation: money to pay for our actual losses, that is, medical bills, out-of-pocket expenses, and lost wages.

Non-economic compensation is a little different. You’re still being paid money, but it’s to compensate for the damages of pain and suffering, which may not have a monetary value. Some states have a set “cap” for these pain and suffering cases, so you cannot win more than that set amount for your case.

An example of a pain and suffering case would be a medical malpractice claim, such as if a doctor failed to diagnose or misdiagnosed your symptoms. They could have also misread or ignored laboratory results or failed to order the proper tests (or failed to order tests at all). This is negligence on their part and is a violation of the standard of care. In this case, however, it’s not enough to have suffered the malpractice. You also must show that you were injured due to their negligence or that your injury resulted in significant damages.

4. What Is the First Thing I Should Do After an Accident?

The order of operations is important, and you should make sure to have all your ducks in a row. This makes everything move a lot faster (having all of your information ready to go may also lend you a little more credibility) and will get you your compensation faster.
After an accident, make sure to gather information for the other people involved. Gather names, phone numbers, and addresses for the people who injured you and for any witnesses. Keep a careful record of your symptoms, injuries, doctors’ visits, payments you’ve made, wages you’ve lost, and other information that seems important. Take pictures of the space, of the vehicles, and of your injuries, and write everything down as well. Include medical treatments that are recommended for you by medical experts and how much those treatments cost.

Representation

Individuals can represent themselves in cases like this, but it’s not really recommended. Besides, you’re still recovering from an accident that’s probably sapping your energy and causing anxiety. It may cost some money to hire a personal injury lawyer, but having a professional in your corner who knows what they’re doing, who can investigate your claim, who knows your rights, who can speak with your insurance company, and who can argue your case in court will give you great peace of mind. You’ll feel a lot better than if you were trying to handle it yourself.

The more information you can assemble about your situation, the easier it will be for one of our personal injury lawyers to argue your case and help you with your recovery, both mentally and physically. A good personal injury lawyer will also know which questions to ask and how to further investigate and gather other evidence to help your claim, such as gathering surveillance camera footage, finding additional witnesses, and obtaining police reports.

If you’ve been in an accident, the Warren Allen team can help you get back on your feet as soon as possible. Insurance companies will try to minimize the payments you receive, but we’ll fight for your fair compensation after an accident or injury. Contact us today.

Planning for Incapacity

Getting Your Family and You Ready for Life’s Uncertainties

A. Incapacity. As a general rule, each person has the authority to make decisions concerning himself or herself and no other person automatically has that authority. As long as a person has the capacity to make decisions, this rule for decision-making works. If a person becomes legally incapable of making decisions, however, the general rule does not work. In that case, authority to make decisions concerning the incapacitated person or his/her property must be transferred to another person.

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How to Protect the Financially Challenged Child

Ideas to assist you in making plans for tomorrow

It is increasingly common today for parents to have concerns about one or more of their children’s money management skills and judgment. These concerns may arise from a variety of factors including substance abuse, gambling, a spouse that is perceived to be untrustworthy, and sometimes just plain run-of-the-mill immaturity. Regardless of the source of the concern, many parents desire to impose certain controls so that a child’s inheritance will not be squandered or mismanaged.

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How Property Gets Distributed After Death

The Process for Handling Property Following Death

A. “Survivorship” Property Is Property That Passes to Another upon the Death of One of the Owners by Operation of Law Without the Need of Probate or Other Process.

  1. Survivorship real property is most commonly found among husbands and wives who own property as tenants by the entirety (as husband and wife). Other arrangements may include certain types of joint tenancies which also have provisions for survivorship. When one party dies, the other automatically owns the property.

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What is Estate Planning and Why is it Important

What You Should Know About Estate Planning

Every person who has money or owns property that will not be expended or disposed of during his or her lifetime has an estate. Estate planning is simply the process of deciding how such assets will be distributed now or after death. It includes taking steps to insure that decisions are carried out effectively and economically. These steps may involve titling assets, naming beneficiaries, and creating such documents as wills and trusts. In complex situations, more is involved.

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Family Law Action Plan

Your family’s peace of mind comes from effective future preparation.

Divorce can be one of the most stressful ordeals a person can experience. It has been compared to the death of a close family member, but in some ways, it is worse. The problems seem overwhelming. The interpersonal conflicts, the loss of control, the feelings of insecurity, both emotional and financial, and the process seems to go on and on and on. So how should a lawyer approach the divorce?

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