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What Is Considered an Emotional Injury?

Written by George McCoy on June 25, 2025. Posted in Personal Injury.

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

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

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

Common Symptoms of Emotional Injury

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

Types of Emotional Injury

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

Anxiety

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

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

Depression

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

Post-Traumatic Stress Disorder (PTSD)

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

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

Loss of Enjoyment of Life

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

Grief and Bereavement

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

Emotional Distress

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

Emotional Injury in Personal Injury Law

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

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

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

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

Consult with Warren Allen About Your Emotional Injury

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

Take These Steps If You’ve Been in a Car Accident in Oregon

Written by George McCoy on June 11, 2025. Posted in Car Accident.

A car accident is a terrifying and incredibly stressful event, especially when injury or death occurs as a result. Even a minor incident on the road can create long-term financial and emotional consequences, as dealing with the complex legal and medical paperwork can feel overwhelming, especially after you’ve suffered a traumatic experience. After a car accident, your main focus should be recovery, yet the police, DMV, insurance companies, and medical institutions will all be making demands for more information.

Our Oregon-based legal firm, Warren Allen LLP, is here to help. While we can’t make the accident itself any less stressful, we can help you navigate the steps you need to take so you can minimize some of the chaos and confusion in its aftermath. If you’ve experienced a car accident in Oregon, we offer legal advice and representation .

As soon as possible after an accident has occurred, follow this guide to ensure a smooth return to normalcy.

Seek Medical Attention as Soon as Possible

The first priority after any car accident is to see to the health and safety of the people involved. If any injuries or fatalities have occurred, call 911 immediately. In severe accidents, emergency medical care may be required. If emergency services are called to the scene, heed their instructions and ensure that everyone affected by the accident receives the appropriate care. Note that it is not always obvious when an injury has occurred. Symptoms may sometimes manifest themselves days or even weeks later, particularly as the adrenaline caused by a traumatic event may mask pain and discomfort.

Even if there aren’t clear signs of an injury, you and anyone else involved in the accident should see a medical professional as soon as possible. Not only will this allow any problems to be addressed before they become more serious, but it will also help to ensure that any diagnoses that are made can be directly linked to the crash. If you wait too long, you may have difficulty proving your injuries were caused by the accident should any legal action need to be taken.

Obtain Insurance Information

The next task is to obtain insurance information for all parties involved in the accident. Depending on the circumstances of the accident, this may or may not be a simple matter, but it’s important to get it sorted out at the scene, if possible. Exchange insurance information with the other driver (or drivers) involved. At the bare minimum, you’ll need a name, phone number, and the name and phone number of their insurance company. You should also take note of some basic details about the cars involved, including the makes, models, and license plate numbers.

Follow Up Afterwards if Necessary

Of course, it isn’t always as simple as just trading information at the scene. If a hit and run occurred, or if the injuries involved were too great to discuss paperwork details before an injured party left by ambulance, then you may need to follow up afterward to get the information you need. Typically, this can be done by checking the police report from the accident scene or contacting the DMV.

Document the Scene – Including Photos

After an accident, you will likely need to file an insurance claim, and you may eventually choose to seek legal counsel as well. In both cases, it’s important to be able to provide as much information as possible from the scene, so ensure that you have clear documentation, if you can.

Part of this will include your statement as a witness, so try to recall as many details as you can in the moment, including the exact location and time of the accident, the weather, the state of the roads, and so on. Write down everything you remember, including the circumstances leading up to the accident and its immediate aftermath. Get information from anyone else who was in the vehicle or may have witnessed the accident as well.

If you can do so safely, you should also compile photographic documentation of the accident scene. Take pictures of the damage to the vehicles as soon as possible after it has occurred, as well as the surrounding area, including the road conditions. How is each car positioned? Are there any hazards nearby? Is the road wet or icy? The better you can paint a clear photographic picture, the more help you can provide to the authorities, insurance companies, and if necessary, your legal team.

File a Police Report

In some cases, the police will be called to the scene of an accident to assist. In other cases, however, you may need to contact them after the fact to file a report. After a less serious car accident in Oregon, police departments have non-emergency numbers you can call, which should be done as soon as possible to ensure a timely report is made. In the state of Oregon, you are legally required to make a report if an injury or death occurs or if more than $2,500 of property damage has taken place.

Notify Your Own Insurer

Your own insurance company will also need to receive thorough documentation of the accident so that you can collect any damages you may be entitled to. The information you have collected should be submitted to them, particularly any photographic evidence. Your insurance company will also need records of any damage to your vehicle or any medical costs that have been incurred.

Seek Legal Counsel

In any situation involving police, insurance companies, and potential lawsuits, it can be to your benefit to have legal representation on your side. Without the help of a legal professional, you may not be aware of your rights in the situation or the risk of litigation or charges you may be facing. A dedicated legal counsel can also help ensure you receive the maximum insurance payout or other compensation you may be entitled to.To help you navigate the complexities of Oregon law, contact us at Warren Allen LLP. We’ll go to work to help you recover legally and financially from this traumatic experience.

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

Written by George McCoy on May 4, 2025. Posted in Car Accident, Personal Injury.

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

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

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

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

Immediate Steps After a Hit-and-Run

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

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

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

Seeking Medical Attention

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

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

Understanding Your Legal Rights

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

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

Insurance Options and Uninsured Motorist Coverage

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

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

Pursuing Compensation

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

How To Comply with Oregon Car Insurance Laws

Written by George McCoy on April 4, 2025. Posted in Auto Insurance, Car Accident.

Many states differ slightly when it comes to regulations regarding car insurance. So, if you’re an Oregon driver, understanding Oregon car insurance laws is essential to ensure you have appropriate coverage and avoid fines and penalties for non-compliance. Oregon car insurance laws include minimum coverage limits, mandatory policies related to personal injury protection, proof of insurance rules, and penalties for non-compliance.

These laws are in place to protect Oregon drivers and help pay for damages in the case of accidents. They also protect other people on the road and their property. Although you can’t control what other drivers do, you can make sure you are in compliance with Oregon car insurance laws by following the guide below.

Minimum Coverage Limits

Oregon car insurance laws require all drivers to carry liability insurance, which covers the costs of injuries and property damage to others (up to the given limits) if you are at fault in an accident.

At minimum, Oregon drivers must have:

Bodily injury liability: $25,000 per person; $50,000 per accident
Property damage liability: $20,000 for damage to others’ property
Personal injury protection: $15,000 per person
Uninsured/underinsured motorist coverage: $25,000 per person; $50,000 per accident for bodily injury

Keep in mind that you could be personally responsible for additional costs if damages exceed the limits of your coverage, so it may be worthwhile to consider additional coverage.

Personal Injury Protection

Personal injury protection insurance is mandatory in Oregon. The policyholder can use this insurance coverage to pay for medical expenses, some lost wages, and other related costs for themselves and their passengers, no matter who was at fault in the accident.

Be sure to read through your policy to understand your benefits. Generally, medical expenses can include hospital stays, dental services, surgeries, and ambulance and prosthetic services, but they must be “reasonable and necessary” and must occur within two years of the accident to be eligible for compensation. Other benefits include paying up to 70 percent of lost wages (including salary, tips, wages, profits, commission, and professional fees) if the disability lasts more than 14 days; funeral expenses up to $5,000; and childcare if the injured person is the parent of a minor child and is hospitalized.

Uninsured/Underinsured Motorist Coverage

What do you do if the person at fault doesn’t have insurance? Uninsured or underinsured motorist coverage protects Oregon drivers from other drivers who either have no car insurance at all or do not have enough coverage. As the policyholder, you can also use this coverage if you are the victim of a hit-and-run and do not have information about the other driver involved. Your benefits generally help cover medical expenses and other costs if you are injured.

Proof of Insurance

Oregon car insurance laws require drivers to carry proof of insurance with them while driving, even if they don’t own the car. You should always be prepared to show proof of insurance to law enforcement officers if you are involved in a traffic stop or an accident. Valid formats include a physical or digital insurance identification card supplied by your insurance company, a copy of your insurance policy, or an official letter from your insurance company.

The Department of Motor Vehicles (DMV) will also require proof of insurance when you renew your vehicle registration. If you don’t have insurance coverage, you may be prohibited from renewing your registration.

Penalties for Non-Compliance

Failure to comply with Oregon’s car insurance laws can result in several negative consequences:

Fines

If you are pulled over by law enforcement for a traffic violation or if you are involved in an accident and cannot provide proof of insurance to the police officer or other driver, you can be cited for “failure to carry proof.” Driving without insurance will result in a fine of at least $130 but can be as much as $1,000, depending on the judge. Fines tend to increase if you are a repeat offender.

License Suspension

For a driver involved in an accident who cannot provide proof of insurance, the DMV will suspend their license and require them to buy insurance before they can get their license back. You will need to get an SR-22 Certificate from your insurance company (usually for an extra fee) to show that you have liability insurance and file it with the DMV. It’s important to note that this requirement stands even if you do not own a vehicle.

Financial Responsibility

When you are involved in an accident, insurance helps pay for some of the costs related to injuries and property damage. So, if you are at fault and don’t have insurance, you will most likely be held personally responsible financially for all damages. The injured party can file a lawsuit, and if a judgment rules against you, you must pay within 60 days. Failure to pay the judgment can result in the suspension of your license until you do pay. In some cases, the court could order that money be taken from your paychecks or a lien placed on your property.

Protect Yourself and Your Rights

Having at least the minimum required insurance coverage listed above, always carrying proof of insurance with you while driving, and staying current on your insurance premiums are the first steps in complying with Oregon car insurance laws to avoid fines and other penalties. You might also consider additional coverage, such as collision coverage or coverage for when you drive a rental car. If you have been injured in an accident (including as a pedestrian or bicyclist) and would like some help navigating insurance claims or potentially pursuing a personal injury claim in court, contact the personal injury team at Warren Allen LLP to get the legal help you need and discuss your options. We have years of experience in providing our clients with exceptional service and sound legal advice. Call us today.

Who Do I Call After a Car Accident in Oregon?

Written by George McCoy on January 25, 2025. Posted in Car Accident.

No one expects to get in a car accident, but having a plan in case a collision happens can take some of the stress out of the actual event and make navigating the experience easier. In particular, it’s important to know the steps to take and who to call following an accident. Responding proactively can help you prioritize the health and safety of the people involved and ensure everything is documented properly.

This guide will cover the essential contacts to make following a car accident in Oregon to ensure safety, compliance, and proper documentation. Whether you live here or are just passing through, understanding the proper protocols will give you a head start in terms of both meeting your responsibilities and protecting your rights.

Notify Law Enforcement

Your first call after getting into an accident should always be to law enforcement. Depending on the severity of the crash, you can call emergency services or contact a non-emergency police phone number to report the accident. Once they arrive, officers will help ensure your vehicle and others involved are out of harm’s way by directing traffic, and they’ll help facilitate the exchange of contact and insurance information between the drivers.

Law enforcement will also fill out an Oregon Police Traffic Accident Report. This report will be an unbiased, publically available statement documenting the details of the crash, including the location where it happened, the time of the accident, vehicle damage, whether there are injuries, weather conditions, the contact and insurance information of those involved, driver or passenger factors involved, and so on. Having a police report may help establish liability in a collision, which can be valuable when you seek compensation for damage or injuries.

Request Medical Assistance

If anyone involved in the accident needs medical attention, request an ambulance when you notify law enforcement. Injuries sustained in accidents are not always immediately apparent, so even if you and your passengers feel fine after the accident, you may want to obtain a medical assessment in the next day or two to ensure nothing is missed. An assessment will also provide clarity as to whether or not you need to fill out an accident report with the DMV (more on this in a moment).

Contact Your Insurance Provider

It’s incredibly important that you report the accident to your insurance company as soon as possible after it happens. Typically, this involves simply notifying them you were involved in a car accident and providing them with the insurance information you collected from the other drivers involved. Some insurance companies even allow clients to report accidents right from an app.

You should not need to interact with the other driver’s insurance company; that is for your insurance company to do on your behalf. If another driver’s insurance company contacts you, it is your right—and usually in your best interests—to decline to provide information, even if they are simply looking for a statement “for the record.” The intent behind that request is to gather information that could be used against you in the future.

Report the Accident to the DMV

According to Oregon law, you must submit an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours of a crash if the crash meets the mandatory reporting criteria. A report must be submitted if damage to any vehicle is over $2,500; damages are over $2,500 and any vehicle is towed from the scene; injury or death resulted from the accident; and/or there was damage to property other than a vehicle over $2,500. If the damages are less than $2,500 but the other party does not have insurance, you can report the accident to the DMV.

When you submit the report, you will have to include identifying information, details about the crash and the vehicles involved, and your insurance information.

Seek Legal Assistance

If you were injured in the accident, you should also seek legal assistance. An Oregon personal injury attorney can help you determine if you have enough evidence for a case and, if so, help you build that case. For instance, you may have a valid case for personal injury if you were injured in an accident and were not at fault for the accident or if your car incurred physical damage in addition to the injuries you sustained.

Personal injury attorneys are experts at navigating personal injury cases after car accidents in Oregon. They speak to the insurance companies involved, fill out the necessary paperwork, and negotiate on your behalf so that you can continue recovering and carry on with your life. According to Oregon law, you have two years from the date of the accident to file a personal injury case.

Communication and Documentation

Knowing who to call after a car accident will help you successfully navigate the process of reporting and documenting the accident and ensure your health and safety are a priority. As you make these calls, be sure to relay clear, consistent information about the circumstances of the accident, the drivers and passengers involved, any witnesses to the accident, damages to all vehicles involved, and any injuries.

Keep written and photo documentation of injuries and damages as well, including medical records and repair bills. You might consider keeping a journal throughout the process as well so no important details are missed or forgotten. Communicating details clearly and having the necessary documentation readily accessible will help you and your attorney build a valid case for due compensation. Let Warren Allen LLP help you get the compensation you deserve. Insurance companies will attempt to minimize the amount of compensation that you receive, and that’s where we come in. If you have been in a car accident in Oregon and sustained injuries or damages to your vehicle, contact us and get the help you need.

Is Emotional Distress a Personal Injury?

Written by George McCoy on November 25, 2024. Posted in Personal Injury.

Personal injury is often associated with physical injuries like broken bones, burns, or sprains. Yet injuries can also be psychological. Emotional distress, for example, can have lasting effects on mental health and quality of life. But does emotional distress qualify as a personal injury? In some cases, yes. The law recognizes emotional distress as a legitimate injury when it results from specific incidents or actions by others.

This article explores when emotional distress may qualify as a personal injury, how to prove it, and situations in which compensation may be available.

What Is Emotional Distress in Legal Terms

Emotional distress refers to significant mental suffering caused by a traumatic event, manifesting as anxiety, depression, difficulty sleeping, or symptoms of PTSD. Emotional distress is often seen in cases where someone has been involved in a traumatic accident, has been the target of harassment, or has witnessed a distressing event.

In legal contexts, emotional distress is categorized as “non-economic” damages. While economic damages cover financial losses like medical expenses or lost wages, non-economic damages address intangible harms, like pain, suffering, and the impact on one’s mental health and lifestyle. If you or someone you know is experiencing this type of harm, consulting a legal professional, such as Warren Allen LLC, may help clarify the options for seeking compensation.

Situations Where Emotional Distress May Qualify as a Personal Injury

Emotional distress can be part of a personal injury claim if it is the result of someone else’s actions or negligence. To qualify as a personal injury, emotional distress typically must be severe and documented. Several types of incidents may lead to claims for emotional distress as part of a personal injury case.

Traumatic accidents, like car collisions, workplace accidents, or injuries in public spaces, often lead to emotional harm. When a person endures an accident, the psychological effects may persist long after physical injuries heal. Anxiety, depression, or PTSD can be triggered by the shock and pain associated with serious accidents. Courts may view these symptoms as significant enough to warrant compensation.

Negligence can also lead to claims of emotional distress. For example, if a property owner fails to maintain a safe environment and someone is injured, the injured party may suffer lasting emotional effects. Similarly, medical malpractice can cause lasting trauma when a patient’s trust is breached through careless or harmful treatment.

In cases of Intentional Infliction of Emotional Distress (IIED), the law considers emotional harm to be the primary injury. IIED occurs when one party’s extreme or malicious behavior causes mental harm to another person. Examples can include harassment, verbal abuse, and bullying. These actions, when intentional and severe, may justify a claim for emotional distress.

Proving Emotional Distress in Personal Injury Cases

Emotional distress can be challenging to prove because it doesn’t leave visible evidence. However, courts require proof that the distress is genuine, severe, and directly linked to the injury event. Demonstrating emotional distress involves several key steps.

First, there must be clear evidence connecting the distress to the defendant’s behavior. For example, if an accident resulted from another driver’s negligence, the person seeking compensation would need to show that the driver’s actions directly caused their mental suffering.

The severity of the distress is also essential to a claim. Documentation of symptoms, medical or psychological evaluations, and a diagnosis from a mental health professional can provide evidence that emotional distress is real and substantial. Experts can help establish the impact of the distress, whether it involves insomnia, anxiety, depression, or other symptoms.

Duration of the emotional suffering can also impact a claim. Distress that disrupts daily life, work, or personal relationships is often taken more seriously by courts. The testimony of friends, family, or colleagues who have observed changes in the victim’s behavior and well-being can add further weight to a claim.

Challenges and Defenses in Emotional Distress Claims

Defendants may contest claims of emotional distress, arguing that the harm is exaggerated or unrelated to the incident. They may argue comparative negligence, suggesting that the claimant contributed to the situation that caused the distress. For example, if an injured party ignored safety warnings, the defendant may argue that the claimant bears some responsibility for the emotional harm they experienced.

Another defense often used is the “open and obvious” doctrine, in which a property owner argues that the hazard was so visible that any reasonable person would have avoided it. Property owners may also claim that they had no prior knowledge of the hazard, making them not liable. Consulting an experienced attorney, such as those at Warren Allen, can help clients protect their rights when navigating these complex defenses.

Seeking Compensation for Emotional Distress

If a person succeeds in proving emotional distress in a personal injury claim, they may be eligible for various forms of compensation. Non-economic damages are intended to account for mental suffering and the impact on quality of life. Therapy, counseling, or medications used to manage symptoms may also be covered if these treatments are necessary to address the effects of distress. If the emotional distress has had a lasting impact on the person’s ability to work or has led to life changes, damages for lost wages or reduced quality of life may also be awarded.

The process of bringing an emotional distress claim can be challenging due to the subjective nature of mental harm. With the guidance of skilled legal representation, people affected by emotional distress can pursue fair compensation and protect their well-being. Warren Allen, LLC handles various types of personal injury claims, including those involving emotional distress, and provides resources to help people seek justice and financial support.If you or someone you know has experienced emotional distress due to another person’s actions or negligence, consider consulting with a knowledgeable attorney to understand your options. Call our offices today to schedule a consultation and see how we can offer peace of mind, help clarify the details of your case, and give you the confidence to pursue your rights.

How To Prepare for a Personal Injury Deposition

Written by George McCoy on July 10, 2023. Posted in Car Accident, Personal Injury.

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.

What Will a Portland, Oregon Car Accident Lawyer Do?

Written by George McCoy on November 10, 2022. Posted in Car Accident.

If you’ve been in a car accident, you might ask yourself “what will a Portland, Oregon, car accident lawyer do for me?” A personal injury attorney can offer experienced and knowledgeable legal advice if you or a loved one have been in a car accident, including representing you in communications to your insurance company and the other party’s insurance company. A personal injury attorney provides legal representation for individuals who have been injured in an accident.

An experienced personal injury attorney can help you navigate the uncertainties that come with medical bills, short- or long-term disability, and legal actions. In most situations, attorneys are paid a contingency fee in which they do not receive payment until there is a settlement awarded.

Warren Allan LLP has compiled this great guide to what a Portland, Oregon, car accident lawyer should do for your case:

Determine Fault in an Accident

Any motorist knows that any number of reasons can cause a car accident, like negligent drivers, unsafe road conditions, or vehicle defects. However, the at-fault party after a car accident can be difficult to determine. A personal injury attorney will thoroughly review the circumstances of the accident and analyze the evidence from police or incident reports. In addition, your attorney may procure witness statements as well as evidence such as property damage or surveillance footage.

Oregon follows a “fault”-based system, which means your attorney will work to determine the financial and legal responsibility of the other party and provide the necessary assistance when filing a personal injury lawsuit. To determine fault on part of another driver, it must be proven that the individual would have acted differently and thereby prevented the accident.

Some common examples of negligence include distracted driving, driving under the influence, or disobeying traffic laws. The person who is determined to be at fault must pay any losses, which can range from medical bills to lost income.

A personal injury attorney will help you obtain several important pieces of evidence such as photographs of the scene, accident or police reports, and witness interviews. Oftentimes, the attorney will visit the scene of the accident to note additional details for their findings. Documentation of your injuries can sometimes be challenging to acquire, but things like medical records and bills are essential in supporting your claim.

To be successful, two things must be demonstrated through medical documentation: specific diagnosis of injuries and that the cause of the injuries was caused by the other motorist. A lawyer will help ensure the physician notes their opinion on how the accident resulted in your injury, as well as a prognosis of temporary or permanent disability.

Negotiate with Insurance Companies

In Oregon, it is illegal to drive without liability coverage. According to Oregon Drivers & Motor Vehicle Services, drivers must have the following coverage:

Bodily injury and property damage liability
- $25,000 per person;
- $50,000 per crash for bodily injury to others; and
- $20,000 per crash for damage to others’ property.
Personal injury protection
- $15,000 per person.
Uninsured motorist
- $25,000 per person; and
- $50,000 per crash for bodily injury.

When it comes to negotiating with insurance companies, most people have little to no experience. On the other hand, insurance companies settle auto accident cases on a continual basis, and their expertise far outweighs that of the average motorist. In theory, insurance plans are in place to protect individuals from excessive costs, but insurance adjusters do not represent injured parties, and if they provided maximum payouts for every claim, they would not be in business for very long.

Unfortunately, most insurers will do what they can to limit their payouts on auto insurance claims. Having an experienced personal injury attorney on your side will help ensure you receive fair compensation when in an automobile accident.

Settlement Guidance

One of the primary goals insurance companies are tasked with is pushing you to settle your claim quickly and for the lowest possible amount, but it is important not to rush the settlement process. Once you accept an insurance company’s settlement offer, they will no longer be responsible for any future liability caused by your accident. If your injuries become more serious as time passes, you will have passed on the compensation you would have otherwise been due.

Overall, the negotiation process with the insurance company can take time. At the beginning stages of negotiation, your lawyer will work with you to determine how much you should receive as payment for your injuries. A personal injury attorney will examine all medical expenses, any lost wages, and any other expenses you may have accrued as a result of the accident. Once this amount has been determined, your attorney will put together a demand letter for the insurance company that details the compensation you are willing to settle for.

It is unlikely that the insurance company will agree to your initial request outright. Often, the insurance company will attempt to negotiate for less than you originally offered to settle for. This counteroffer can vary based on the insurance company’s policies. Some insurance companies may also request an independent medical examination to verify the injuries and how they may limit you now and in the future. When meeting with your lawyer, you will determine the lowest settlement offer you are willing to accept. The expertise and guidance of a personal injury lawyer will ensure you are receiving a fair amount based on your losses.

Representation at Trial

If you need to go to trial over your claim, you can certainly represent yourself, but the odds are not in your favor against an experienced defense attorney. Personal injury attorneys have years of knowing the ins and outs of the personal injury process and representation in court. In addition, having a personal injury attorney representing you in what is no doubt an emotional experience can benefit you with objective thinking and focus on the facts of your case.

Your Portland Attorneys Should Be Experts in What You Need

Written by George McCoy on June 12, 2022. Posted in Personal Injury.

When selecting a Portland attorney to represent your interests, it’s important to choose someone who can meet your specific legal needs. Having just any attorney isn’t enough. You need an attorney who has expertise and experience in the field in which your case falls. In short, you want to hire a personal injury attorney to manage your car accident case or a family law attorney to handle your divorce.
When faced with legal problems, many people run to the first lawyer they can contact, hoping to solve the problem quickly and cheaply. This puts them at risk of overlooking quality advice from expert attorneys, and they can end up with complicated cases, wasted time, lost cases, and hefty legal fees.
You can easily avoid this if you keep one thing in mind: your Portland attorney should be an expert in what you need.
Law is an extensive practice with many technicalities, some of which are under constant change or review. You should, therefore, not expect a general legal practitioner to grasp the essentials of all branches of law fully. By selecting an attorney who specializes in what you need, you can better ensure your case is handled properly.

The Necessity of Specialization

When in need of legal representation, you have three options:

You can go it by yourself.
You can go with an attorney who has legal experience but in another field or as a general practice attorney. They may have dabbled in the law you require, and they understand the constructs, but they’re limited in their knowledge.
You can choose to go with an attorney who is experienced and knows the ins and outs of the relevant legal field. This expert has worked in the field for years, has handled many different cases, and is prepared to deal with all circumstances.

Advanced societies thrive on expertise. This is reflected everywhere, from medicine to business to the justice system and beyond. Law is interwoven into every aspect of our society to provide justice and order.
It’s likely that, at some point, you will need to contact a Portland attorney for specific legal services, whether it’s for an injury, estate planning, or other areas. Every field of law has its own terminology, evidentiary requirements, procedures, and so forth. A legal practitioner who specializes in another field may know the basic legal implications involved, but they won’t necessarily understand the finer points of the process. That comes with training and experience. This could ultimately hurt the results of your case.
Clearly, of the options above, the best is number three. It helps to have an expert Portland attorney with a wealth of experience who engages actively with the field of law that fits your case. Let’s take a closer look at why this is your best choice.

1. The Technicalities of Law

This is why experts dominate over other professionals in the legal field. Law is a broad body of knowledge, and the better educated an attorney is in a particular area of law, the stronger the case they can make for their client. Knowledge of the technicalities of law does not come from general study. It takes years of practice to establish oneself as an expert in any area of law. During this time, the attorney gathers a wealth of knowledge, from both within and outside the field, that they can continually apply to new cases.

2. Speed

The longer an attorney spends practicing, the easier it is for them to handle new and more significant cases. Complications that could arise from a case are anticipated and dealt with even before there is a need to go to court. Unlike a general attorney, an expert does not have to take a refresher course to prepare for your case, as they are constantly engaging with that particular field of law.
In fact, often, general legal practitioners would still request the services of an expert attorney. Cut out the middleman and reduce costs by choosing a qualified expert Portland attorney for your case.

3. Legal Advice

Expert Portland attorneys are adept at providing the information needed to make your case. They can tell you what you need to gather or overlook; sometimes, it can be the smallest of details that you may consider insignificant. Because they are constantly working in their field, they have seen details from previous cases that could either make or destroy a case. They can point out areas where you need redress and weed out anything that would make your case appear weak. Non-experts do not have that level of knowledge and can mishandle your case by missing small but otherwise significant details in a case.

4. Command of Power

Expert attorneys command respect because of the record of expertise behind their names. Communication written by an expert Portland attorney carries more weight than one from a general legal practitioner, just as a recommendation from a neurosurgeon on brain surgery carries more weight than that of a general medical practitioner. An expert attorney is also easily recognized and more respected in professional circles than general attorneys. Expert attorneys have the benefit of belonging to a network of other expert legal professionals.
Each field of law involves many technicalities. When you choose to use the services of an attorney who has established a record of experience and training concerning the area of law where you need help, you are putting your case in the hands of an expert who can help you get the results you deserve. If you’re looking for a personal injury or family law attorney, look no further than Warren Allen. Within our team, you’ll work with an expert Portland attorney who suits your specific needs. Contact us today.

What To Do After a Car Accident in Portland

Written by George McCoy on April 7, 2022. Posted in Car Accident.

On average, six million car accidents happen in the United States every year. These include fender-benders and smaller-scale collisions all the way up to totaled vehicles. While the number of cars on the road has decreased during the pandemic, people tend to drive while distracted more often and speed, so your odds may be a little greater of getting in a car accident. Oregon is an at-fault state, meaning that if you cause a car accident, you (and your insurance) are responsible for those damages.

The first few minutes after a car accident can be confusing and scary, and you may not know what needs to be done first. Never fear. Here is a list of the things you should do first after a car accident in Portland.

1. Safety First

If possible, pull your car over to a public, well-lit and safe place nearby. This way you won’t impede the flow of traffic and you and the other driver will be able to see each other clearly. If you have a choice, choose the more public option so that others may see the other driver just in case they decide to leave the scene. It’s important that you don’t leave the scene, especially if there are injuries or if there are damages to the vehicles and insurance information to gather.

Hopefully, your car is still drivable, but if not, take stock of whether it will be a road hazard. If you can push it to the side, you can move it even up onto a sidewalk. If not, turn your emergency hazard lights on to give warning to passing cars.

2. Secure Your Traveling Companions

Were you in your car with your pet, a child, another adult, or an elder? Assess whether they are injured first. If you have a child young enough to be in a car seat, don’t take them out of the seat just yet. They may have injuries you can’t see, and it would be best to have a first responder check them out.

However, you wouldn’t leave a pet or a child or an elder in a hot locked car when you run into a store, so if the accident is a minor collision, you can leave the engine running with the AC on, roll down the windows, or let them out of the car while you handle the accident details. But this is assuming there’s a safe place to do so. Make sure you’re situationally aware of the area so you can prevent further injuries and so the pets and people in your care don’t wander off.

3. Talk With the Other Driver

Again, it’s good to be situationally aware. Is the other person agitated? Is this a safe place to talk? They may be frightened or blame you for the accident, so it’s important to choose your words carefully and—above all—remain calm. Before you speak with them, secure any valuables on your person as well. For instance, make sure your purse or wallet is with you rather than in a car with an open window.

It may be appropriate to engage in small talk if you and the other driver need to call an ambulance or the police, but be sure you don’t make any admissions, blame the other person, or apologize. If a claim is filed and the other driver or other witnesses say they heard you say you’re sorry or that you’re at fault in some way, it could be a major headache for you down the road. Rather, the insurance companies will determine these things later.

4. Gathering Information

It’s important to gather the right facts right after a collision. Information you will need to gather from the other driver includes their name and contact information; their insurance company and policy number; their driver’s license and license plate numbers; the type, color, and model of their vehicle; and the time and location of the accident. Be prepared to give this information as well. You should also take pictures of the accident scene and record with audio or video while you ask witnesses what they saw, but make sure they stick to the facts.

Other information you can gather includes road conditions or weather, any injuries you might see, and anything else that contributed to the collision (a distraction on the road, such as a squirrel, cat, or a runaway basketball, for instance). If your insurance company has a mobile app, sometimes they will walk you through items like this so these details aren’t lost in the shuffle.

If you’re a prepared person, you may already have this app on your phone or mobile device, which will cut down on time spent figuring it out and setting it up. Your insurance provider’s app might be critical in this situation because not only can it help you with the accident details, but you may have access through it to roadside assistance or towing or even rental car options.

And of course, make sure to save all this information and details, including receipts, bills, and medical records so that if a claim is filed you will have it all on hand.

5. Contact Your Insurance Provider (And Maybe Us!)

You’ll want to start an auto insurance claim once all these other items are handled. You can expedite the claim process this way by being proactive. Your insurance agent may also have further questions you might have missed or will be able to point out things you are eligible for in your policy. Make sure you ask any questions if you’re not sure of the process or what you need to do, especially if there are any deadlines.

Hopefully, you are uninjured, but if you or someone you love is injured or killed in a car accident, the expert team at Warren Allen LLP has your back. If you find you need to file a personal injury claim, contact Warren Allen today.

Tag: car accident portland