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Attorney in Portland, Oregon: Dedicated and Providing Skilled Legal Representation for Your Needs

Oregon Car Insurance Requirements: What You Need to Know

Aside from New Hampshire and Virginia, all U.S. states require vehicles to be covered by car insurance, so if you live in Oregon and plan to drive a car, it’s essential to understand the intricacies of Oregon car insurance. The following overview outlines everything you need to know about Oregon car insurance, including minimum insurance requirements to legally operate a vehicle, coverage options, and the legal implications of non-compliance, especially if you are involved in a car accident.

If you are involved in a car accident and suffer an injury, one of the best things you can do is consult with a personal injury lawyer, like the team at Warren Allen, LLP, to ensure you have all the help you need if you decide to pursue a personal injury claim. 

Who Needs Car Insurance?

Generally speaking, anyone operating a motor vehicle on public roadways in Oregon must have car insurance. Certain vehicles might be exempt, including antique vehicles issued permanent registration; collector’s vehicles whose primary use is not transportation but exhibitions or parades; some all-terrain vehicles unless operated on a highway access route; and motor vehicles not operated on the highway or operated only on private property. 

Minimum Insurance Requirements

For vehicles that do require insurance coverage, Oregon drivers are required to have liability coverage. This coverage helps pay for any injuries or property damage that you may cause to others in the event of an accident. The minimum amounts of insurance are as follows:

  • Bodily injury and property damage liability:
    • $25,000 per person for bodily injury or death;
    • $50,000 per crash for bodily injury or death to two or more people in a single accident; and
    • $20,000 per crash for damage to others’ property.
  • Personal injury protection of $15,000 per person: This coverage helps provide certain financial compensation to cover medical expenses and lost wages for the driver and any passengers in the event of an accident, regardless of who is at fault. Generally, the medical expenses must be considered “reasonable and necessary” and occur within two years of the accident.
  • Uninsured motorist protection of $25,000 per person and $50,000 per crash for bodily injury. This coverage helps protect drivers who might be involved in an accident with another driver who does not have insurance. It can also help cover costs incurred by a hit-and-run collision. Drivers can receive financial compensation to help cover medical expenses if injured in an accident.

Coverage Options

While liability, personal injury protection, and uninsured motorist coverage in the amounts listed above are mandatory when buying Oregon car insurance, drivers often opt for additional coverage options. Coverage amounts will vary, depending on your insurance company and how much you are willing to pay for your monthly premium. It’s essential to review your policy with your insurance agent carefully to understand your coverage.

Several types of additional coverage are common for many car owners. 

  • Collision coverage helps pay for damage to your vehicle if involved in a collision, regardless of fault. 
  • Comprehensive coverage is used for non-collision damage to your vehicle resulting from theft, weather, or vandalism. 
  • Underinsured motorist coverage helps bridge the gap when the other driver has insurance, but it’s insufficient to cover all your expenses. 
  • Your insurance company might also offer coverage for emergency roadside service or rental cars.

Although uninsured motorist coverage is mandatory, the type required is only for bodily injury. If you choose, you can also add uninsured motorist coverage for damage to your vehicle or property.

It’s important to remember that, unlike homeowners’ or renters’ insurance, car insurance policies often do not cover the costs of personal property that might be damaged in an accident or stolen from your vehicle. The best choice is to take valuables with you when you leave your car.

Proof of Oregon Car Insurance

You should always keep proof of insurance with you whenever you are driving to avoid negative legal repercussions and ensure you are covered in the case of an accident, whether you are at fault or not. Most insurance companies provide a small card you can carry in your wallet or keep in the glove box of your car. Legally, you must show proof of insurance to the other driver if you are involved in an accident and the police if they pull you over for speeding or other driving infractions. 

What Happens in Cases of Non-Compliance?

Understandably, the consequences can be serious if you fail to comply with Oregon’s mandatory car insurance requirements. Individuals caught driving without insurance might incur fines and penalties or have their driver’s license and vehicle registration suspended until they can prove they have valid car insurance.  

Legally, if you are at fault in an accident and do not have Oregon car insurance, you might be held responsible and required to pay for damages and injuries to the other driver. Paying these damages out-of-pocket can sometimes be financially devastating. The other driver could file a lawsuit or take other legal action against you to ensure they receive the financial compensation you owe them. In addition, you would bear the financial burden of paying for your medical expenses and any necessary repairs to your vehicle out of your funds.

States put mandatory insurance coverage requirements in place to safeguard their residents. Having the appropriate Oregon car insurance is good citizenship, but it is also a good idea to protect yourself financially if you are involved in a car accident. If you have been injured in a car accident in Oregon, you may be entitled to financial compensation to cover medical expenses, loss of wages, pain and suffering, and vehicle and property damage repairs. Call the personal injury lawyers at Warren Allen LLP to discuss your situation and learn your options. Let us help you get the best resolution possible!

What Is a Prenuptial Agreement?

Marriage is not just a union of two individuals but a merger of lives, assets, and financial responsibilities. With the growing complexities of modern relationships and the increasing prevalence of dual-income households, the question arises: “What is a prenuptial agreement, and why might it be necessary?” 

This article delves into the fundamentals of prenuptial agreements, outlining their purpose, benefits, and key components. It aims to help readers understand how these legal contracts protect individual assets and financial interests before marriage, providing clarity on why and when one might be necessary.

Understanding Prenuptial Agreements

A prenuptial agreement, commonly known as a prenup, is a legally binding contract a couple agrees upon before marriage. This contract should outline what happens in the event of divorce or death, such as the division of assets, financial rights, and responsibilities. While often perceived as unromantic or pessimistic, prenups are practical financial planning and risk management tools.

A big reason to get a prenup is to establish clear financial boundaries and expectations between partners. This agreement can resolve many potential issues, including spousal support, division of property, debt responsibility, and even arrangements for children from previous marriages. By addressing these matters upfront, couples can avoid misunderstandings and conflicts in a worst-case scenario.

Benefits of a Prenuptial Agreement

Prenuptial agreements offer numerous benefits to both parties in a marriage. The most significant benefits we have found are: 

Protection of Individual Assets

A prenup helps ensure that personal assets stay with their original owner in the case of divorce. This is particularly important for individuals entering a marriage with significant assets or inheritances. 

Clarification of Financial Responsibilities

By outlining financial responsibilities and expectations, a prenup can prevent disputes over money matters during a marriage by outlining financial responsibilities and expectations. 

Debt Protection 

If one partner has significant debt, a prenup can protect the other partner from being held liable for those obligations. This can be crucial in maintaining individual financial stability. 

Ultimately, knowing that financial matters are settled can give a couple peace of mind, allowing them to focus on their relationship without the shadow of potential financial disputes.

Key Components of a Prenuptial Agreement

A well-drafted prenuptial agreement should address several key components to ensure comprehensive protection and clarity for both parties. 

  1. Asset division: The agreement should list all individual assets and debts brought into the marriage by each partner, including real estate, bank accounts, investments, retirement accounts, and personal property. 
  2. The division of property: The prenup should specify how assets will be split in the event of divorce. This should cover assets acquired before the marriage and those obtained during the marriage.
  3. Spousal support: The agreement should clearly state the terms of spousal support, including the amount and duration of payments, to prevent disputes and provide financial security for both parties. 
  4. Inheritance: A prenuptial agreement can clarify inheritance rights, ensuring that individual assets are passed down according to each partner’s wishes. This is especially important for blended families or individuals with children from previous relationships. 
  5. Debt responsibility: Debt is another essential component. The agreement should specify how debts will be handled in the event of a divorce, covering both individual debts and any debts incurred during the marriage. 
  6. Business interests: the prenup should outline the division of business interests and protect the business from being dissolved or disrupted in the event of a divorce. 

Dispute resolution provisions can be included in a prenuptial agreement to circumvent any lengthy and costly court battles, with methods such as mediation or arbitration specified in the agreement. Some prenups also include a sunset clause, which stipulates that the agreement will expire after a certain number of years or upon the occurrence of a specific event, allowing for the possibility of renegotiating the terms as the marriage evolves.

When Is a Prenuptial Agreement Necessary?

While prenuptial agreements can be beneficial for many couples, they are essential in certain situations. If one spouse has significantly more assets or income than the other, a prenuptial agreement can ensure that both parties are protected financially. 

Individuals who have been married before or have children from previous relationships may use a prenup to protect their assets and ensure that their children’s inheritance rights are preserved. If one partner expects to receive a substantial inheritance, a prenup can protect those assets and ensure they remain within the family.

Business owners can use prenuptial agreements to safeguard business interests and prevent disruptions in the event of a divorce. On the flip side, if one partner has significant debt, a prenup can shield the other partner from being responsible for that debt.

Drafting and Enforcing a Prenuptial Agreement

Creating a prenuptial agreement requires careful planning and legal guidance. Both parties should consult with their own attorney to ensure that their interests are protected and that the agreement is fair and enforceable. The process typically involves full disclosure of each partner’s financial situation, including assets, debts, income, and expenses. Once all financial information is disclosed, the attorneys will draft the agreement, ensuring it complies with state laws and addresses all necessary components.

In order to be enforceable, a prenuptial agreement must be voluntary, which means both parties must enter into the agreement willingly, without coercion or undue pressure. Each spouse must fully disclose their financial situation, including assets, debts, and income. 

Prenuptial agreements are valuable tools for financial planning and risk management in marriage. By understanding what a prenuptial agreement is, couples can make informed decisions about their financial future and protect their assets and interests.

Whether you have significant assets, own a business, or simply want to establish clear financial boundaries, you need to know what a prenuptial agreement is: a practical and beneficial step before marriage. Working with an experienced family law attorney like our team at Warren Allen will ensure that the agreement is fair, legally binding, and tailored to your unique circumstances, providing you with the protection and security you need as you embark on your marital journey. Contact us today to see how we can help you build a foundation for the future of your marriage.

How to Navigate Divorce Proceedings in Oregon: Steps and Considerations

Marriage is a legal contract between individuals and the state, declaring that two people desire to blend their goals, finances, assets, and families. Sometimes, however, both parties realize marriage no longer serves them, and in these cases, a divorce is ideal. 

All parties involved should understand the process from filing to finalization, which is where a family law attorney can help. Individuals seeking a divorce attorney in Portland, Oregon, may have questions about this process, and this article will answer some frequently asked questions about getting divorced in Oregon.

What Is Oregon’s Position On Divorce?

In the state of Oregon, parties pursuing a divorce do not need to provide any proof that a divorce is necessary beyond the expressed desire of both parties. The term for this kind of divorce is “no-fault divorce.”  If either party wishes to present evidence that issues are causing the divorce, they may do so in litigation or mediation. These issues presented may impact the division of assets or child custody, but Oregon does not require litigation or mediation to grant a divorce.

Oregon is a no-fault divorce state and does not require a mandatory waiting period before filing for divorce. Some states require couples to prove they have been separated or have attempted reconciliation before granting a divorce, but Oregon’s courts do not require these additional steps. The only requirement for ending a marriage is that both parties agree that their irreconcilable differences cause the marriage to no longer be desirable for the individuals involved.

How Does The Divorce Process Start?

To begin divorce proceedings, the involved parties will file a petition for divorce with the state of residence. The divorce petition will inform the courts why a dissolution of the marriage is necessary. You’ll likely want to enlist a divorce attorney to guide you through this process, as a divorce requires extensive knowledge about the needs of all parties involved and the ins and outs of Oregon’s laws regarding separation, divorce, and annulment.

Divorce attorneys in Portland, Oregon, specialize in family law and will help you gather vital information to prepare for filing your divorce petition, like the division of assets, child custody considerations, and other factors. These attorneys can also provide mediation or help you with litigation, depending on which approach makes the most sense for your specific situation and needs.

What Information Will An Attorney Need?

After you’ve found an attorney, the next step is gathering important information about your marriage. For example, if both parties own property together, ownership and division of that property and any other assets must be agreed on.  Sharing pertinent information about your property, like a deed or mortgage agreement, will be necessary for determining property division.

You will also need information about tax returns, debt, proof of income, investments, childcare costs, and custody of minor children. Assets shared during the marriage must be documented and filed with your attorney. Be mindful of the expenses and assets gained during the marriage, as these items will arise during your divorce proceedings, regardless of whether you choose mediation or litigation.

Should I Choose Litigation Or Mediation?

Both parties will decide whether to approach the dissolution of the marriage through mediation or litigation. Mediation is a preferred method as it provides the opportunity to resolve disputes on issues like alimony or child support under the guidance of a neutral third party, like an attorney. Mediators can help both parties agree on important details pertinent to the marriage without the involvement of a judge.

When litigation is necessary, your attorney will present your case for divorce to a judge, who will decide on details that both parties could not agree on in mediation. Your attorney will know the best practices for representing your best interest and meeting your needs. They will also help you find ways to compromise or make adjustments that honor your preferences.

How Long Will My Divorce Take?

Several factors significantly impact the timeline of divorce proceedings. If there are few assets to divide and no children and the parties choose to use the mediation approach, the process from filing for divorce to finalizing the divorce can take a couple of months on average. If, however, there are assets to divide and children shared, this can lengthen the process, especially if litigation is necessary. The average timeline for this kind of divorce is between six and twelve months.

Other factors influencing the length of your divorce proceedings include whether the divorce is amicable or contested. In an amicable divorce, both parties agree that a divorce is ideal and agree on the property division and parenting plan (if applicable). Uncontested divorces take a shorter amount of time to process.

If the divorce is contested, one of the parties does not agree to the proposed agreement. Contesting a divorce can significantly extend the timeframe.

How Do I Find A Divorce Attorney In Oregon?

The plethora of divorce attorneys in the Portland, Oregon, area provides both parties with plenty of options for representation. When choosing a family law attorney, consider how comfortable you feel with your attorney as well as the experience of that attorney. 

Divorce is an intimate process that can be emotionally taxing, so you’ll want an attorney who not only knows Oregon’s laws regarding divorce but also does the work of knowing you and understanding your needs. At Warren Allen, our Portland, Oregon, divorce attorneys have been representing parties seeking a divorce since 1966, making us one of the oldest and most prominent firms in the Pacific Northwest. The family law and divorce attorneys at our firm share a compassionate approach to divorce and are driven by a desire to help their clients move forward with their lives with as much calm and clarity as possible.

Explore Your Rights After a Slip-and-Fall Accident

Suppose you believe you have sustained a personal injury resulting from the possible negligence of a business or property owner in Portland. In that case, you should contact a Portland slip-and-fall accident lawyer as soon as possible. At Warren Allan LLC, our Portland slip-and-fall accident lawyers (also known as personal injury attorneys) will help you build a case to prove that the business or property owner involved failed to exercise reasonable care toward you and that negligence resulted in your injuries.

After experiencing a slip-and-fall accident, you have several rights to ensure your well-being, recovery, and protection under the law.

  • You have the right to seek immediate medical attention for injuries sustained in the slip-and-fall accident. Your health and safety are paramount, so medical care must be prioritized, even if injuries initially seem minor.
  • You have the right to document the incident. It’s crucial to record the details of the slip-and-fall accident as accurately as possible. This documentation may include photographing the scene, noting the conditions that led to the fall, and obtaining contact information from any witnesses present. If you choose to seek medical attention, medical documentation could also help your claim.
  •  You have the right to report the accident. Depending on where the accident occurred, you can report it to the property owner, property manager, or relevant authorities. Reporting the accident helps create an official record of the incident, ensuring that appropriate actions are taken to prevent similar accidents in the future.
  • If you believe that negligence on the part of the property owner, manager, or another party contributed to the slip-and-fall accident, you have the right to seek legal counsel. An experienced Portland slip-and-fall accident lawyer can help you understand your legal rights, navigate the courts or claims process, and pursue compensation for your injuries and damages.
  • If negligence is established, you have the right to seek compensation for various damages resulting from the slip-and-fall accident. These damages may include lost wages, medical expenses, pain and suffering, and other related costs incurred as a direct result of the accident.
  • You have the right to fair treatment throughout the claims process. All parties involved, including insurance companies, legal representatives, and other relevant entities, should treat you fairly and respectfully. Your rights should be upheld as you seek resolution for the consequences of the slip-and-fall accident.

What Does Negligence Look Like in a Slip-and-Fall Claim?

According to Cornell Law School, the legal definition of negligence is “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act”.

In short, negligence in a slip-and-fall accident claim includes failure to keep premises safe, address known hazards, warn visitors, follow regulations, and maintain the property. When these failures lead to harm, the responsible party may be liable for negligence. Here are a few examples of negligence as it relates to slip-and-fall accidents:

Unsafe Premises

Property owners are responsible for ensuring their property is safe for visitors. Negligence can occur when they don’t address hazards like wet floors, uneven surfaces, loose rugs, or poorly maintained walkways.

Ignoring Hazards

If a property owner is aware of hazards but does nothing to address, fix, or warn visitors about them, they could be considered negligent. For example, if a spill in a grocery store is not properly cleaned up or marked with warning signs, it raises the risk of a slip-and-fall accident and can be considered negligent.

Lack of Appropriate Signage

The property owner must warn visitors even if a hazard cannot be fixed immediately. Negligence can occur if signs or barriers are not in place to alert people to dangers like wet floors or construction zones.

Violating Regulations

Building codes and rules exist to keep premises safe. Negligence might happen if a property owner doesn’t follow these standards, leading to unsafe conditions that cause a slip-and-fall accident.

Poor Maintenance

Regular checks and maintenance are vital for preventing, spotting, and fixing hazards. Negligence could be shown if a property owner doesn’t inspect and maintain their property correctly, allowing dangerous conditions to linger unnoticed.

Contributing Behavior

It’s worth noting that negligence can also involve the injured person’s actions. For instance, if someone ignores warning signs or behaves recklessly, their own negligence might reduce or remove the property owner’s liability.

What Are The Most Common Slip-and-Fall Injuries?

While every slip-and-fall accident is different and can vary in severity based on several factors, the most common slip-and-fall injuries are as follows:

Sprains and Strains

These injuries occur when ligaments or tendons are stretched or torn, often affecting joints such as the ankles, wrists, and knees.

Fractures/Broken Bones

Falls can fracture or break bones throughout the body, including the wrists, arms, hips, and ankles.

Head Injuries

Trauma to the head during a fall can lead to various injuries, ranging from minor bumps and bruises to more severe concussions or traumatic brain injuries (TBIs). Monitoring for symptoms such as headaches, dizziness, and changes in cognitive function is essential for proper management and treatment of head injuries.

Back and Spinal Cord Injuries

Falls can cause damage to the back or spinal cord, resulting in conditions like herniated discs, fractures, or spinal cord compression. 

Soft Tissue Injuries

Falls can cause damage to soft tissues like skin, muscles, tendons, and ligaments, resulting in bruises, contusions, or abrasions.

Cuts and Lacerations

Sharp objects or uneven surfaces can cause cuts or lacerations, which may require cleaning, suturing, or other forms of wound management.

Emotional Trauma

In addition to physical injuries, slip-and-fall accidents can also result in emotional trauma. Emotional trauma can manifest itself in many ways, including anxiety, depression, or post-traumatic stress disorder (PTSD). Seeking support from mental health professionals could be very beneficial for individuals experiencing emotional distress after a fall. Overall, it’s essential to understand and assert your rights after a slip-and-fall accident. Contact Warren Allan LLC to schedule a free consult with one of our Portland slip-and-fall accident lawyers to ensure you receive the necessary support, care, and compensation to aid your recovery and well-being.

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.

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:

  1. 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.
  2. Slip and fall accidents: especially if the fall includes hitting your head on a hard surface.
  3. Accidents in the workplace: head injuries are common at construction sites or when working with heavy machinery.
  4. 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.
  5. Medical malpractice: mistakes in medical procedures or other issues while under a doctor’s care can sometimes result in a TBI.
  6. 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.
  7. Dog bites: A TBI might occur if a dog attack is severe, especially if the dog bites the face or head.
  8. 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!

When to Contact a Medical Malpractice Attorney

The COVID-19 crisis showed us that medical professionals like doctors and nurses are brave and incredibly hardworking. Most of the time, you can be sure that the healthcare professionals in your life are doing their best to help you, but there may be incidents where doctors, nurses, or medical institutions result in inadvertent harm rather than aid. Through negligence or error, medical professionals can hurt instead of heal, and those are the times when you might consider hiring a medical malpractice attorney in Oregon or wherever else it is you might be.

In the case you’ve suffered injury as a result of medical malpractice, it may be necessary for you to work with a medical malpractice attorney to help you be made whole again. In this blog, we’ll examine the following questions:

  • What is medical malpractice?
  • What are some common examples of medical malpractice?
  • When should you hire a medical malpractice attorney?

What Is Medical Malpractice?

Medical malpractice is harm done by a medical practitioner, from a doctor to an anesthesiologist to a nurse or nurse practitioner. In layman’s speak, medical malpractice can refer to any treatment from a medical professional that results in substandard care.

From a legal perspective, there are three key components to medical malpractice:

  • There must be a relationship between doctor and patient. A medical professional who published a paper about a new treatment that wound up causing harm could not be accused of medical malpractice; only the doctor who recommended the treatment to their patient.
  • The medical professional must have been negligent. A healthcare professional who can argue that they were doing their best for the patient would have a potent defense against malpractice. For instance, the doctor who recommended the revolutionary new treatment mentioned in the first point would have an argument against malpractice. Similarly, a neurologist on a plane flight who was asked to help a patient suffering a heart attack could plausibly argue that they didn’t have the tools or expertise to properly help.
  • The negligence had a direct connection with the injury in question. The worst ophthalmologist in the world negligently giving an eye exam probably won’t be on the hook for medical malpractice if a patient has a heart attack while in their doctor’s office. Unless it can be shown that there is a direct line between negligence and harm, a medical malpractice claim is unlikely to stick.

What Are Common Types of Medical Malpractice?

Now that we’ve examined the criteria that define medical malpractice, let’s look at some of the most common types of malpractice that people might be unfortunate enough to encounter.

  • Misdiagnosis. An incorrect diagnosis can cost people valuable time in pursuing the correct treatment, and in the worst cases, by the time the real problem is identified it may be too late.
  • Medication. If a doctor prescribes you medication that has a poor reaction either with medication you’re already taking or a condition you’re known to have, then that is a classic example of malpractice.
  • Birth injuries. Childbirth can be a very dangerous time for both parent and child. Improperly handled childbirth that leads to injury for either party can be certainly considered malpractice.
  • Surgical mistakes. Errors during surgery that leave lasting harm instead of correcting the issue are a prime candidate for being considered medical malpractice.

When Should You Contact a Medical Malpractice Attorney?

Now that we’ve examined the sorts of scenarios that can be called medical malpractice, if you’ve encountered these situations, does that mean you should hire a medical malpractice attorney right away, whether you’re in Oregon or some other state?

The honest answer is “it depends.” If you think your case falls under the three criteria outlined in the first part of this post, then you certainly can consider hiring a medical malpractice attorney.

However, do keep in mind that medical malpractice can be difficult to prove and even with the best medical malpractice attorney in Oregon, you may be looking forward to a costly, prolonged legal battle. Therefore, if you believe you’ve suffered injury as a result of negligent care, your first step should be to file a medical malpractice claim with your state’s medical licensing board.

This will both inform your physician or health care facility that you are seriously unhappy with the quality of care received, and put pressure on them to reach an agreement that may result in your financial compensation without ever having to properly work with a medical malpractice attorney.

This will also result in your harm being officially investigated by the licensing bureau . While this may not directly result in restitution being made to you, it will make it more likely that harm does not come to any other people in the future as part of negligent behavior on the healthcare provider or institution.

Also, the medical licensing board can appoint an impartial arbitrator to analyze the facts and determine whether or not your medical malpractice case has enough substance to move forward, all without you having to spend a dime on a medical malpractice attorney.

However, if you do not have the time to wait for a medical licensing board to work, or if you believe your case is substantial, then you should contact a medical malpractice attorney as soon as you see fit. Medical malpractice attorneys are excellent partners for navigating the complex world of medical malpractice, and they can put together documents or navigate the law in a way that benefits you.

A medical malpractice attorney perhaps should not be your first go-to option, but in the event that you have suffered real harm at the hands of a negligent medical professional, hiring a medical malpractice attorney is a no-brainer.

If you’re looking for a top-class medical malpractice attorney in Oregon, it’s time to contact Warren Allen, LLP. We can help you find the restitution you seek and make you whole again.

What To Do If You Are in a Hit-and-Run Car Accident

Car accidents are stressful, no matter the circumstance. Add to that a hit-and-run, and the stress is manifold. Protect yourself and mitigate unnecessary stress by knowing how best to respond and what steps to take. The better prepared you are, the better your case for compensation.

Receive fair compensation so you can cover damages and medical bills, as well as any other losses resulting from the accident. Safeguard yourself against insurance companies who don’t represent your best interests by hiring an experienced car accident lawyer in Portland. A local lawyer understands state laws and will be your ally in a hit-and-run accident. 

Below are a few important steps to guide you through the process immediately following an accident so you can receive the best resolution possible and focus on what matters most: healing.

Prioritize Safety

First of all, make sure everyone is safe, including yourself. You may be worried about damages to your car and consequential expenses, especially if the other driver kept driving without taking accountability, but don’t let that distract you from what matters most. Your safety and that of your passengers are the most important.

Survey the scene. Is it safer to stay with your car or to remove all passengers and move to somewhere safer? If your car is on a busy freeway or intersection, you may run the risk of getting hit again. If you are able to move, get to a safer spot. However, if serious injuries have been sustained, it may not be safe to move. Assess the scene before deciding.

Is anyone injured? If you are able, call 911. If you are unable, tell someone else to call. Remember, some injuries are harder to detect, so when in doubt, make the call and don’t take any chances.

Call the Police

In the case of a hit-and-run, it’s important to immediately call the police without delay. A police report or accident claim needs to be filed to establish fault and aid in finding the missing driver. Since you are the victim of a hit-and-run, having the police involved will help your case. An official police report contains important details for the insurance claim, used to verify who is at-fault. This can help your claim if the other driver was responsible.

Even though the other driver fled the scene, try to jot down as many details about the car you can remember. You may not have been able to get the license plate number, but did you recognize the make or model of the car? What about the vehicle’s color? Which direction was it headed? Write details down as soon as possible, while your memory is fresh.

Collect Information

The more evidence and documentation you have, the better your case for claiming compensation. Document and record as much as possible. Take photos of any damage to your car and the scene of the accident. Where was the accident? Are there skid marks? Photograph, video, and write down what you observe. This includes personal injuries and symptoms. If you need medical care, keep copies of receipts and record your experience with treatment. What are your symptoms? Write these downs. Make sure to seek medical attention, if needed, as soon as possible.

As mentioned earlier, don’t wait to record these events. Write down your recollection of events while it is fresh in your memory. Include as much detail as possible.

When gathering information, collect contact information of any witnesses. A witness statement can help supply additional information about the accident. Ask if they are willing to stay to give a witness statement to the police. If they are unwilling to wait for the police, they can still make a witness statement to you. In this instance, make sure to get their contact information.

Enlist a Personal Injury Attorney

If you live in Oregon, hire a local car accident lawyer in Portland to represent your interests. No matter where you live, the right lawyer will have your best interests in mind and seek fair compensation. Insurance companies do not always act in good faith and may attempt to minimize how much you get.

A personal injury attorney with experience in hit-and-runs understands the law and how much your case is worth. They also know which documents must be filed by what deadlines. Hire an attorney to be your ally and represent your interests. They will ensure you receive compensation without delay and aren’t denied what you are owed by simple clerical errors or missed deadlines.

At Warren Allen LLP, our personal injury attorneys are here to help. Contact us for solid legal advice and representation. Our experienced team will help you receive fair compensation and the best resolution possible. If you have been in an accident resulting in injury or damage, contact our firm today and learn what your options are.

You may be entitled to more than you realize. Compensation can cover a range of expenses and symptoms, including, but not limited to:

  • Lost wages due to missing work
  • Future lost wages due to injury
  • Medical bills
  • Future medical costs
  • Punitive damages
  • Pain and suffering (physical or emotional)
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of consortium
  • Disfigurement or dismemberment

Enlist the help of an experienced attorney who understands what you may be entitled to and help you receive the compensation you deserve.

Notify Your Insurance Provider

Call your insurance company as soon as possible. You will need to contact your insurance company and provide basic information so you can start your claim. Though you are obligated to report the accident to your insurance company, do not give a recorded statement to the other driver’s insurance company.

Once you hire a Warren Allen lawyer as your attorney, refer the insurance company adjuster to us, since we will now represent you. When you authorize your attorney to represent your interests, you will no longer have to deal with the insurance adjusters directly. We will focus on your economic recovery so you can focus on what matters most- physical and emotional recovery.

Is Hiring a Personal Injury Law Firm Worth It?

Nobody expects to be injured, but when it happens, it changes everything. Your focus turns to healing and protecting yourself and your family. 

If someone else’s carelessness causes your injury, it can bring on many questions, including:

  • Will insurance cover this? 
  • My injury wasn’t that bad; should I hire a law firm?
  • Can I afford to hire a lawyer?

In the middle of handling all of the things you’re facing as a result of your accident, choosing to work with a law firm and finding the right one to represent you may seem overwhelming. Where should you begin? Read on to learn the benefits of hiring personal injury law firms in Portland, Oregon

Is It Worth Hiring a Personal Injury Law Firm?

Facing a personal injury from an accident or workplace can be life-changing. The more serious the injury, the more beneficial working with a personal injury law firm in Portland, Oregon, will be. No matter what you’re facing, your situation deserves to be handled with care.

If you’re skeptical about how much you can gain, your best action step is to speak with a lawyer, as the one you hire will have a vested interest in your outcome. 

Hiring a personal injury lawyer doesn’t cost you a thing unless you win, and they work hard to ensure a case has merit before moving forward. You’ll get an honest assessment of your situation, and understand what to expect before you move forward. 

6 Reasons You Should Hire a Personal Injury Law Firm

If you’re wondering if talking with a lawyer is in your best interest, ask yourself these questions. 

1. Did I Suffer Injuries in the Accident?

Today’s automobiles are safer than ever before. Still, thousands of people die each year in car accidents, and those numbers are climbing. 

If you’ve been injured in an accident, a personal injury law firm can help you get the compensation you deserve. You should seek legal representation if you:

  • Have a severe injury
  • Have pain and suffering
  • Are temporary or permanently disabled

If you’re suffering from an injury that resulted from someone else’s negligence, it’s time to put the concern back on your needs. A personal injury law firm fights for your rights for fair compensation. 

2. Do I Need Help Dealing With the Insurance Company?

Insurance adjusters have one goal: To save the insurance company as much money as possible. They review cases and handle claims daily. They know the law, and how to settle a case with as little payout as possible. 

That’s rarely in your best interest. Instead of dealing with never-ending phone calls and paperwork, you should focus on your injuries and getting help to receive the maximum compensation. An experienced personal injury lawyer knows how to handle the insurance company, even out the playing field, and negotiate your case to ensure you get a fair offer.

3. Is There a Question of Who Is Liable?

Not all accidents have clear outcomes. Sometimes it’s unclear who the negligent party is. If there is any question of who is liable, it’s in your best interest to seek legal representation. 

By hiring a personal injury law firm, they will work to prove your innocence. If you believe the other party was at fault, it’s up to you to confirm the responsible party’s negligence. A lawyer will look at the evidence, including:

  • Official accident reports
  • Medical records
  • Photos from the scene
  • Police records
  • Eyewitness testimony

They will build up enough evidence to prove you have a legitimate case. If you were partially or fully at fault, you should definitely seek out legal guidance. 

4. Will My Future Be Impacted By a Settlement?

If you’re facing temporary or permanent disability, your future may seem uncertain. Now more than ever, a settlement will help you and your family retain some sense of hope as you move forward. According to studies by the Insurance Research Council, those who filed claims with attorney representation received significantly higher settlements than those without.  

It’s easy to see why. When a law firm specializes in personal injury cases, they work with cases similar to yours daily. They understand the strategy, what to do, and how to approach it to reach an ideal resolution. 

It’s about letting an experienced firm handle what they are in business for. They won’t be overwhelmed because they’ve been through it before. 

5. Can I Manage My Own Case?

At first, it can seem straightforward. File paperwork, communicate clearly, and justice will prevail. However, there are a lot of little nuances that go into a case. Things you might not be aware of. Things that can be detrimental to your case. 

Sometimes people do well in handling their own cases. It might be easy to take on your own if it’s a minor fender-bender in a parking lot without much damage. If you’re a confident negotiator, you might be able to handle all communications with the insurance adjuster and receive a maximum settlement offer. 

When you add in injury and are dealing with the added stress that goes with extensive trauma, that’s where a personal injury lawyer can help. Their effective negotiation skills are the key to maximizing your settlement payout. 

6. What Should I Do Next? 

Personal injury isn’t something most of us expect to face. It happens suddenly and changes everything in the blink of an eye. Suddenly, you’re left with endless questions. 

Working with a personal injury law firm in Portland, Oregon, gives you the answers to the endless questions. They’re there to guide you through every step of the process and be your negotiator as well as your advocate. They answer questions and provide guidance every step of the way. 

When your world feels like it’s upside down, that can be a comforting feeling. 

Should You Hire a Personal Injury Law Firm? 

A personal injury lawyer can put your mind at ease, and they’ll work hard to get you the compensation you deserve. Because of their vast knowledge and experience working with the law, they are invaluable when you’re faced with the outcome of an accident. Hire one today, and let them go to work for you.

5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

If you’re getting married, going through a divorce, or in the midst of a custody battle, you know how important it is to have a good family law attorney by your side. You want to find someone who will protect your assets and fight for your interests. But where do you begin?

Warren Allen LLP is experienced in all types of family law matters, and we have some great tips for finding a qualified family law attorney in the Portland, Oregon, area.

1. Ask for Referrals

The best place to start is with your own personal network. If you know anyone who has hired a family law attorney in Portland, Oregon, recently, ask them about their experience. Were they satisfied with their representation? Did they receive a favorable outcome? If so, ask questions about whether they settled the matter out of court or if litigation was involved. What was it about the attorney that made them particularly effective at handling this particular family law matter?

If the person was unsatisfied with their representation, find out why. Getting information about which attorneys to avoid is just as helpful as getting a recommendation for who to hire. If you don’t personally know anyone who has retained a family law attorney in the Portland, Oregon, area, there are other ways to find a reputable attorney.

2. Check Professional Associations

Another option for locating a family law attorney is to check professional membership associations. For instance, the American Bar Association (ABA) has a lawyer referral directory. You can also search your local and state bar associations to find a family law attorney near you. For instance, the Oregon State Bar has both a lawyer referral service and a searchable membership directory.

If you decide to choose an outside lawyer referral and information service, make sure it has the ABA logo. The use of the logo ensures the service meets ABA public service standards.

Whether using your own personal network, checking professional membership organizations, or paying for a lawyer referral service, be sure to properly vet the attorneys you are considering by doing your due diligence in researching their backgrounds and credentials.

Choosing a family law attorney is an important decision. Never make a decision to hire a family law attorney solely based on a recommendation or referral. Instead, gather as much information as you can before making a final decision.

3. Conduct an Internet Search

You can uncover a lot of information about an attorney through a simple internet search; think of it as doing a background check for free. When you’ve narrowed your search for a family law attorney down to a select few, do some internet sleuthing and see what you can find out about each. At a minimum, most lawyers will have a website bio that outlines their background and experience.

You may also be able to find online reviews that will tell you whether the attorney has a favorable track record with former clients. You should also check both their personal and professional social media profiles. LinkedIn, for instance, may provide a breakdown of their employment history and professional accolades. Other social media platforms could give you a glimpse at how they conduct themselves in their personal lives as well.

4. Verify Track Record

Be sure to verify an attorney’s track record beyond a simple Internet search. If you’re using the Oregon Bar Association lawyer referral service (LRS), you can be confident LRS attorneys “are in good standing with the bar, have no current disciplinary proceedings pending, carry malpractice insurance” and agree to abide by customer service standards.

On the other hand, if you find an attorney through another means, you may need to do your own research. If you’re based in Oregon, you can obtain information regarding a state bar member’s current status, past complaints, and history of disciplinary action by calling 503-620-0222, ext. 394. If you’re based outside of Oregon, check your own state bar association to confirm whether the attorney you are considering is in good standing.

5. Schedule a Consultation

Once you’ve narrowed your search, the best thing you can do is schedule an in-person consultation. Some attorneys charge for a consult, while others do not. Contact the firm to see if there is a charge and if so, inquire about the cost.

If there is a fee for an in-person consultation and you’re trying to save money, ask if there is a fee for a phone consult. Whenever possible, you should try to meet in person with any family law attorney you’re considering. At your consultation, ask them about their background and experience, whether they specialize in your particular family law matter, how many similar cases they’ve worked in the past, and for an overview of your options.

Be as detailed and specific as possible with your questions. Take notes. Get a sense of the attorney’s communication skills and whether you feel you could foster a strong attorney-client relationship with them. The impression you get when meeting an attorney face-to-face can go a long way in helping you decide if they’re the right one for you.

If you’re looking for a family law attorney in Portland, Oregon, area, add Warren Allen LLP to your list. We have experienced attorneys skilled in an array of family law matters, from prenuptial agreements to separations and paternity issues. Whether a marriage, civil union, or domestic partnership, we handle each case personally and with the utmost integrity.

As we’ve discussed, first do your due diligence by conducting some research and then schedule a consult with us. We’ll provide you with an honest assessment of your case and if you choose to retain us, we’ll provide you with top-notch legal representation at every stage.