lawyers in portland oregon Archives | Warren Allen LLP Attorneys at Law

Do I Need to Hire a Probate Attorney in Portland, OR?

Written by George McCoy on November 4, 2025. Posted in Estate Planning, General Law.

If you’ve never been through probate before, it can look simple from the outside. However, it is layered with rules and a surprising amount of paperwork. Probate is the legal process that happens after someone passes away. It’s how their estate gets settled, how property moves to the right people, and how loose ends get tied up. In some situations, it can move quickly. With others, it can become more complicated than expected. Consulting with a probate attorney in Portland can save you time, energy, and a fair amount of stress.

Probate in Oregon involves several key steps, each with its own requirements. There’s validating the will, appointing someone to represent the estate, notifying creditors, gathering and valuing assets, paying debts and taxes, and finally, distributing what’s left. Those steps don’t always happen in a neat, orderly fashion, and the process can quickly become overwhelming.

Not every estate turns into a long legal journey. Some are clear, well-documented, and uncomplicated, but others involve additional real estate, investment accounts, businesses, or debts that don’t disappear right away. One detail can lead to the unexpected, and what started as a short checklist becomes a process that touches a lot of different parts of a person’s life … and takes up a lot of people’s time. Even just one unclear instruction in a will can create confusion that takes time to sort out. In those moments, experienced legal support can make the difference between feeling buried in the details and feeling like the situation is manageable.

The legal team at Warren Allen LLP has walked many families through probate. The information below will help you understand the steps, avoid common pitfalls, and feel a little more in control of what can otherwise be a confusing process.

When a Probate Attorney May Be Needed

There are some cases where probate moves along without too many surprises. If the estate is modest, the paperwork is in order, and everyone involved agrees, it can stay fairly straightforward. Unfortunately, it doesn’t take much for things to shift. A missing form. A disagreement about a line in the will. A property in another state. Suddenly, something that started simple isn’t anymore. That’s often the point where having a probate attorney in Portland isn’t just helpful; it’s practical.

Common reasons people might enlist the services of a probate attorney include:

The deceased owned real estate in multiple places, ran a business, or left behind investments: Selling a home, for example, isn’t just a matter of listing it. There may be title issues, tax considerations, or court permissions required. If there’s a small business involved, decisions about ownership, valuation, and transfer need to be made carefully. All of that adds layers to an already complex situation.
Disputes among family members, heirs, or other parties: Sometimes it’s a simple misunderstanding about what the will really means, or maybe a sentence that seems clear to one person is interpreted differently by someone else. If emotions are high, or if someone decides to formally challenge the will, the process slows down. A single contested issue can stretch probate out for months.
No will: Things can also get complicated when there’s no will at all. When that happens, Oregon’s intestacy laws determine who receives what. Those laws are clear, but they don’t always align with what families expect or believe to be fair. Even without open disagreements, the process can take longer and involve more filings and decisions.

When issues arise, a probate attorney can help you navigate the situation and ensure everything is handled properly.

The Benefits of Professional Guidance

Having a probate attorney in Portland means you don’t have to figure out every detail by yourself, and one of the biggest benefits is that all the steps become clearer. Instead of trying to guess what comes next, you have someone who already knows the order of things, what needs to happen, and when. There’s less second-guessing. Less time spent researching forms. Less stress over whether you missed something important.

Legal guidance also protects you if you are the personal representative or executor. In that role, you’re responsible for making sure the estate is handled correctly, including filing on time, paying debts, following the will’s instructions, and distributing assets legally. If something goes wrong, even accidentally, you could be held responsible. Having an attorney will keep everything aligned with state requirements, so you don’t have to carry all that responsibility alone.

A probate attorney can help you keep up with deadlines, too. Probate has a rhythm to it, and there are specific points where paperwork must be filed, creditors must be notified, and distributions must be made. When you’re new to the process, those timelines can sneak up on you, and missing one can lead to delays or consequences for the personal representative.

An attorney can also help ease family dynamics. Even in close families, probate can bring up conflict. Sometimes people expect different outcomes. Sometimes they’re just stressed. Having an attorney present can keep conversations focused on the legal facts, instead of personal disagreements or resentment. It adds a layer of structure that can make emotional moments a little less charged.

Peace of Mind

Maybe the most underrated benefit of hiring a probate attorney in Portland is peace of mind. They understand the pressure it can create and are ready to work with you to make the process feel less overwhelming. With the right help, probate doesn’t have to be something you face alone. Plus, it gives you the space to handle everything else that life demands during an already complicated time. The team at Warren Allen LLP helps families handle probate with confidence and care, so you can focus on moving forward.

What Does Incapacity Mean? When Does It Matter in Law?

Written by George McCoy on October 25, 2025. Posted in General Law.

“Incapacity” has a specific meaning in law: It’s a person’s inability to understand what’s going on around them, and the inability to make informed choices because of a mental or physical condition. That could stem from things like a brain injury, the progression of Alzheimer’s, or a medical emergency that leaves you unable to communicate. It means you no longer have the ability to handle your own affairs the way you once did.

Think for a moment about the number of choices you make every day. You pay bills, sign forms, agree to treatments, or decide where to spend your money. The law recognizes how essential those choices are, and when someone can’t make them anymore, there is a framework to follow to protect you, your family, and your rights. Without that framework, families can get caught in conflict, unsure of who has the right to act on behalf of a loved one or what their loved one would have wanted.

You’ll see incapacity come up most often in estate planning, discussions about guardianship or power of attorney, and medical care. These are very personal and sensitive topics, but they matter deeply because they ensure and shape how your wishes are respected if you’re unable to communicate. While the idea may feel heavy, preparing for it is about protection, not fear. It’s important to make sure the life you built continues to reflect your decisions, even if you can’t make them yourself.

Estate Planning

Estate planning is one of the most obvious places where the meaning of incapacity is important. To write a will or create a trust, you need what’s called “testamentary capacity.” In plain terms, that means you understand what you own, who your heirs will be, and how your decisions will distribute your property. If you don’t meet that standard, a court could later say the document is invalid.

This is where many disputes begin. Picture a situation where someone signs a new will during the early stages of dementia. Maybe they meant well, but one child believes the parent didn’t fully understand what they were doing. The result? A fight in court, delayed inheritances, strained relationships, and often thousands of dollars spent to resolve the dispute. By that time, the relationships that became strained during the process may be irreparable. Setting up an estate plan while you’re healthy and your intentions are clear dramatically cuts down on the chances of anyone questioning your wishes.

Estate planning goes beyond just planning for the end of life. It can also prepare you for what happens if you’re alive but unable to make decisions. A living trust lets you choose someone to manage your assets during a period of incapacity. Advance directives give your family written guidance on your care, sparing them from making painful decisions about what they think you would want.

You don’t create a will or trust because you’re expecting something bad to happen tomorrow; you do it so that if something ever does happen, your family isn’t left scrambling. Instead, they have your clear instructions. It can mean the difference between calm and chaos during an already highly stressful and emotional time.

Guardianship and Power of Attorney

For guardianship, incapacity’s meaning is determined by a judge. They hear evidence and decide whether or not you’re incapacitated, then appoint a guardian to make choices for you. While this ensures someone is taking care of things, it comes with drawbacks. The process can be slow, it can become public, and the court decides who takes on the role. Sometimes, that’s not the person you would have picked yourself.

Power of attorney, on the other hand, is a document you prepare ahead of time. It names someone you trust, maybe a spouse, a child, or even a close friend, to act on your behalf. Specifically, durable power of attorney stays valid even when the principal is incapacitated, which means the agent—that is, the person named in the power of attorney—can immediately step in without waiting for court approval.

The difference between these two options highlights why early planning matters. With guardianship, you lose control over who speaks for you. With power of attorney, you keep that control by making the choice yourself.

The attorneys at Warren Allen LLP have experience helping families set up powers of attorney and, when needed, handle guardianship cases with sensitivity and care. Families who take this step often feel an enormous sense of relief, knowing that if a crisis comes, someone is already authorized to handle the bills, make medical care decisions, and keep things running smoothly.

Medical Decisions

The meaning of incapacity carries a lot of weight when it comes to medical care. Doctors can’t guess what your wishes might be, and hospitals can’t wait indefinitely. Without clear instructions, the responsibility often falls to relatives or, if disagreements arise, even to a court.

This is where advance directives and health care proxies become so important. A medical power of attorney allows you to name someone who can make medical decisions for you if you can’t speak for yourself. An advance directive can go even further, spelling out your detailed preferences on life support, resuscitation, or other treatments.

If you become incapacitated, instead of your loved ones sitting in a waiting room and debating what they think you would want, they can simply turn to the documents you have already prepared. These documents not only take the burden off your family’s shoulders, but they also ensure your values are still guiding the choices being made. The law provides tools, but it’s up to you to use them. The experts at Warren Allen LLP will provide you with the guidance needed to create these medical planning tools, helping you not only protect your medical choices if the unexpected happens, but also your peace of mind.

What Do General Damages Mean in Insurance?

Written by George McCoy on August 11, 2025. Posted in Car Accident, General Law, Personal Injury.

If you’ve been hurt in an accident, you’ve likely encountered a number of unfamiliar terms in the process of filing a claim. One phrase that might be unclear is “general damages.” This insurance term refers to damages related to the emotional, mental, and physical hardships you’ve experienced, like pain, anxiety, or loss of enjoyment of life. These non-economic damages don’t show up on your hospital bill, but they’re often what affect you the most after an accident.

While your medical bills and lost wages fall under economic damages, general damages in insurance are the invisible ways your life has changed. Maybe you can’t sleep without discomfort, or maybe you’re dealing with a level of stress that wasn’t part of your life before the injury. Insurance companies are supposed to compensate you for those changes, but it often requires much more than just explanation and proof to get a fair settlement.

When you have a better understanding of how insurance handles general damages, it becomes easier for you to make informed decisions about your claim. This article will walk you through common types of general damages and how their impact is calculated and proven in an insurance claim.

Types of Losses Covered by General Damages

A personal injury can result in more than medical bills or missed income. When your daily routines change due to lingering pain or when your confidence is lost because of anxiety or emotional trauma, in the world of insurance, those changes fall under the category of general damages. These are not just incidental effects; they reflect meaningful disruptions to your quality of life.

Compensation for general damages covers losses tied to physical pain, mental suffering, and reduced enjoyment of life. This can also involve the emotional strain caused by limited mobility, difficulty sleeping, or strained relationships. Even when recovery is expected, a temporary inability to live normally can lead to compensation under this category.

Since every person’s experience is different, general damages are inherently subjective. They reflect how the aftermath of an injury impacts the personal aspects of daily living, even in the absence of receipts or invoices. A long recovery period, persistent discomfort, or changes in behavior, for instance, can all be considered general damages in an insurance claim.

When properly documented and communicated, these elements form a compelling basis for determining appropriate compensation and helping the injured person bridge the gap between medical treatment and emotional recovery.

How Non-Economic Losses Are Calculated

Unlike medical expenses or repair estimates, non-economic damages don’t come with specific costs, so assigning a monetary value to your pain or psychological suffering requires a different kind of evaluation. In most cases, calculation methods are designed to approximate what these experiences are worth to you.

One approach is the multiplier method, where the total amount of economic damages is multiplied by a number reflecting the severity and longevity of the injury’s impact on you. Another is the per diem method, which assigns a daily rate for your suffering that is then multiplied by the number of days the effects persist. Each method attempts the difficult task of translating your intangible suffering into financial terms.

The actual number used in these formulas can vary widely depending on your medical diagnoses, length of recovery, limitations on your daily life, and psychological effects such as anxiety or depression. What may seem like a minor injury on paper can be much more significant when chronic discomfort or emotional disruption is taken into account.

Because these calculations aren’t exact, insurance companies often start with low offers. Keeping comprehensive documentation is necessary for conveying the full value of your general damages in your insurance claim. When reinforced by legal support familiar with local insurance tactics, claims tend to result in more appropriate compensation.

Supporting Evidence

General damages are based on how an injury affects your life in real terms, and insurers rely heavily on supporting materials to justify financial compensation to you. Your medical records are one of the most effective tools for showing the effects of pain and emotional hardship. If your treatment continues beyond initial care, such as through physical therapy or counseling, it becomes clear that the injury has ongoing consequences for you.

Psychiatric evaluations or notes from specialists can also demonstrate the extent of your emotional distress, and personal records, like journals or pain logs, help provide even further insight into your experience. These entries offer a timeline of your symptoms, struggles, and setbacks. Even though they’re informal, they reveal a day-to-day account of how your life has changed, helping to support your case beyond standard paperwork.

Statements from friends, family, or coworkers who have noticed shifts in your behavior or witnessed your emotional challenges can also help support your claim. These different perspectives can show that your suffering isn’t isolated or exaggerated; it’s noticeable to others, and it’s consistent over time.

Lasting Impact of Non-Economic Losses

Long after a cast is removed or a scar begins to fade, the effects of an injury often remain. When trauma lingers as anxiety, isolation, or chronic discomfort, those experiences need to be acknowledged. The purpose of general damages in an insurance claim is not to put a price on your pain but to ensure that your suffering is recognized in legal and financial terms.

The decisions you make early in the claims process can shape the outcome for years to come. Take the time to reflect on how an injury has impacted your work, relationships, hobbies, and mental health. When a claim is rushed or undervalued, it can leave you without the support you need to complete your recovery. The attorneys at Warren Allen LLP will help you move forward with clarity and fairness, advocating on your behalf and with your best interests in mind. Remember, your emotional well-being and your ability to return to a fulfilling life are just as important as paying any medical debts.

Top Causes of Traffic Accidents in Portland Oregon

Written by George McCoy on July 18, 2025. Posted in Car Accident.

Traffic accidents are an unfortunate reality of life and almost always completely unexpected, but that doesn’t mean you can’t lower your risk of being involved in an accident. It can be helpful to be aware of some of the most common factors that contribute to traffic accidents in Portland, Oregon, and the greater Portland area, so you can stay vigilant and try to avoid or stay safe in these situations.

Distracted Driving

We’ve all seen other drivers swerving in and out of lanes while looking down at their phones. Distracted driving can come in many forms, though. Anything that takes our attention away from driving—using the phone, texting, eating, adjusting the radio, feeling drowsy, and even talking to passengers in the car—can lead to collisions.

Although Oregon does have a law in place that makes it illegal to drive while holding and using a mobile electronic device (including GPS, laptop, cellphone, or tablet), violations are common, and the law does not cover other distractions. Being aware of your surroundings, pedestrians, other drivers, and cyclists, and focusing on driving are vital to ensuring you can react appropriately and keep yourself and others safe.

Speeding

Unfortunately, high speeds generally increase the severity of a crash. As a result, wide, multi-lane roads where drivers can go faster tend to experience more severe accidents, with more serious injuries and fatalities. According to the Oregon Department of Transportation, speed played at least a partial role in 42 percent of deadly crashes between 2017 and 2021, although this number could be underreported since it is sometimes difficult to know the speed of a vehicle at the time of an accident.

Accidents due to speeding don’t just affect vehicles, either. A pedestrian struck at 40 miles per hour is 8 times more likely to die than if they had been hit at 20 miles per hour.

Speeding isn’t always just about driving over the speed limit. Drivers also need to factor in road and weather conditions when adjusting their speeds.

Impaired Driving

Driving while under the influence of alcohol or drugs presents significant dangers. Alcohol and drugs, even prescription drugs in some cases, can negatively affect motor skills, cognitive function, reaction time, and coordination. All of these can impair drivers’ ability to steer, brake, make good judgments, and respond to unexpected hazards or the actions of other drivers. Impaired driving dramatically increases the risk of traffic accidents, injuries and fatalities, potential legal penalties, and even lifelong consequences for victims and their families.

Increased Traffic and Aggressive Driving

With the popularity of SUVs, trucks, vans, and other large vehicles, roadways have become increasingly crowded, and crashes have become more serious, partly due to the extra weight and height of the larger vehicles. This can be especially devastating if pedestrians are involved.

In addition to the size of vehicles increasing traffic congestion, driver behavior is also a contributing factor to many collisions and traffic accidents. Aggressive driving, such as tailgating (following the vehicle in front of you too closely), weaving in and out of traffic, speeding, and ignoring traffic signs and signals, can be dangerous for everyone, including the aggressive driver.

Weather and Road Conditions

Although the situations listed above are common everywhere, weather and road conditions are of particular concern in traffic accidents in Portland, Oregon, since, in the fall and winter, the city experiences increased rainfall. Wet roads become slick, reducing friction and increasing the chances of hydroplaning, which lends itself to many rear-end collisions. Overcast skies and foggy weather can also reduce visibility, making it difficult for drivers to gauge the speed and distance needed to avoid other vehicles.

Icy roads can also be a concern. Because the Portland area has a fairly moderate climate, major snow and ice storms are not a regular occurrence, and it isn’t as well equipped as snowier areas with de-icers and snow plows to prepare roadways and ensure safe road conditions. In addition to icy roads, drivers without previous experience driving on wintery roads might also be unaware that they should drive slower and brake sooner when the roads are slippery. This combination of unfavorable road conditions and inexperience can lead to spinouts and collisions.

Poor Visibility and Nighttime Driving

As mentioned above, overcast skies and fog can result in poor visibility, but certain times of day and evening—dusk, dawn, late night, early morning—can also create dark or low-light conditions that make it difficult for drivers to see well. These times of day and night can be especially treacherous for pedestrians and bicyclists since drivers might be less likely to see them, especially if they are wearing dark clothing.

Keeping Yourself and Others Safe

Of course, it’s impossible to control the actions of those around you, but there are steps you can take to try to keep yourself and others as safe as possible when driving in Portland.

Always drive sober.
Eliminate distractions—don’t text, use the phone, or eat while driving.
Increase the distance between you and the vehicle in front of you, especially in bad weather or at night.
Follow the speed limit, but slow down if the weather or road conditions are not ideal.
Use headlights at dusk, dawn, and nighttime
Yield to pedestrians, even at unmarked crosswalks

Pedestrians and cyclists can do their part to reduce the risk of traffic accidents as well. Always wear reflective or light clothing, especially if you are on the road when there is low visibility.

Help for Those Injured in Traffic Accidents in Portland, Oregon

Traffic accidents can happen to anyone, even if you are a safe and conscientious driver. For those who have been injured or suffered damages as a result of traffic accidents in Portland, Oregon, we’re here to help.The personal injury lawyers at Warren Allen LLP have years of experience in representing clients seeking financial compensation to help cover medical costs, repairs, lost wages, pain and suffering, and other damages. It’s easy to set up your free consultation. Just contact us today.

What To Do When Your Dog Bites You

Written by George McCoy on July 4, 2025. Posted in General Law, Personal Injury.

Dog bites are unfortunately very common in the US, but what happens if it’s your dog that does the biting? Would you know what to do when your dog bites you or someone else? When faced with this situation, many pet owners are left feeling shocked, confused, and obviously concerned. Dog bites can be completely unexpected and may come from normally loving and attentive pets. When it’s your own dog that bites you, the situation can be particularly complex and emotionally charged.

Unlike bites from unknown dogs, bites from your own pet can raise questions about your relationship with your dog, your ability to care for them, and the potential consequences of their behavior. The aftermath of a dog bite can already be challenging, but it’s important to take the right steps to address the immediate situation and prevent future incidents.

Dog bites can result in puncture wounds, lacerations, and even infections, as well as emotional trauma, such as anxiety, fear, and stress. In the wake of a dog bite, it’s natural to feel uncertain about how to proceed, but taking prompt and informed action can help mitigate the consequences and ensure a safer and more positive outcome for both you and your dog.

The attorneys at Warren Allen LLP are a valuable resource that can provide guidance and support after a dog bite incident. Understanding what to do when your dog bites you allows you to better protect yourself, your dog, and those around you.

Seek Immediate Medical Care

If your dog bites you, one of the first steps you should take is to seek immediate medical care. Dog bites can be unpredictable and may result in serious injuries that require prompt attention, even if the bite seems minor.

First, they can pose a significant risk of infection, particularly if the wound is deep or the dog’s mouth contains bacteria such as Pasteurella and Capnocytophaga. If these bacteria enter the wound, they can cause a range of infections in humans, from mild to severe. Dog bites can also pose a risk of rabies, particularly if the dog’s vaccination status is unknown.

If possible, first wash the wound thoroughly with soap and water to help reduce the risk of infection. Next, seek medical attention as soon as possible, ideally within a few hours of the bite. A medical professional will evaluate the wound and determine the best course of treatment, which could include antibiotics, stitches, or other interventions. In some cases, a tetanus shot may also be recommended to prevent tetanus infection. Seeking prompt medical attention and following the recommended treatment plan will reduce the risk of complications and promote healing.

Reporting the Incident

In the moment, it might be difficult to remember what to do when your dog bites you, but reporting the incident to local animal control or law enforcement is a step that should not be overlooked. Reporting a dog bite incident involving your own pet can be complicated, particularly when you’re emotionally attached, but failing to report the incident can have serious consequences, including liability for future incidents.

If you don’t report the dog bite, you may be held responsible if your dog bites someone else. Reporting the incident not only protects you and others from potential harm, but it also helps to create a record of the bite, which can be used to assess the dog’s behavior and potential risks.

When you report the incident, be sure to provide as much information as possible, like the dog’s vaccination history, including rabies shots, as well as the circumstances surrounding the bite. You should also provide information about the dog’s behavior and any previous incidents.

Evaluating Behavioral Triggers

Dogs bite for a variety of reasons, but common behavioral triggers include fear, pain, being protective, and territorialism. Fear can cause a dog to become defensive and bite when it feels threatened or scared, while pain can lead to irritability and aggression. Your dog could bite because they felt the need to protect a family member. Territorialism can also cause a dog to become protective of its space and bite when it feels that space is being invaded.

Dogs that exhibit aggressive behavior require guidance and training to learn how to interact safely with people and other animals. Without proper training, the risk of future incidents increases, potentially leading to serious consequences. To evaluate the dog’s behavior, consider the circumstances surrounding the bite. This includes the environment, the people involved, other animals involved, and any potential triggers that may have contributed to the behavior.

Consulting with a professional dog trainer or behaviorist can be incredibly helpful in identifying the underlying causes of the behavior and developing a plan to address it. These professionals can provide valuable insights and guidance on how to modify the dog’s behavior and prevent future incidents. This may involve desensitization or counterconditioning techniques.

Obedience training can help to establish clear boundaries and improve communication between dog and owner, while behavior modification techniques can be effective in addressing specific issues, such as fear or aggression. This creates a safer and more positive environment for both you and your dog.

Long-Term Safety and Legal Protection

An important part of being a responsible dog owner is knowing what to do when your dog bites you or someone else. This includes implementing measures to ensure the dog’s behavior is managed and controlled, such as training, socialization, and proper containment.

Failing to take these steps can have serious consequences. If your dog bites someone else, you may be held responsible for the injuries and damages, which can result in significant financial loss and emotional distress. More importantly, repeated incidents can lead to more severe consequences, such as court-ordered euthanasia. If you’re struggling with what to do when your dog bites you, the experienced attorneys at Warren Allen LLP can provide you with guidance on liability and responsibility. We’ll help you understand your rights and options.

How To Find a Qualified Malpractice Attorney Near You

Written by George McCoy on June 4, 2025. Posted in Medical Malpractice.

When people search for a “malpractice attorney near me,” they’re often looking for someone to help them make sense of a tough situation. Medical malpractice cases can be complex, and it’s hard to know where to start, but working with the right attorney can make a big difference. A good malpractice attorney can help victims of malpractice understand their options, gather evidence, and build a strong case to get the justice and compensation they deserve.

Medical malpractice cases often involve a lot of important little details, like gathering medical records, lining up expert testimony, and putting together legal arguments. It’s not something that can be handled alone, which is why it’s so important to find an attorney who knows what they’re doing and who has your best interests in mind.

Finding the right attorney starts with a little research, like looking into their background, reading reviews from past clients, and seeing if they’ve handled cases like yours before. It’s not always easy, but taking the time to find the right fit can pay off in the end.

The personal injury attorneys at Warren Allen LLP in Portland, Oregon, specialize in medical malpractice cases and have a proven track record of success. We’ll help you understand what to consider when looking for a qualified malpractice attorney near you.

Have you been the victim of medical malpractice? With the right attorney representing you, you’ll feel more supported and empowered as you work through the complicated legal process of a malpractice claim.

Research Credentials and Expertise

One of the first things you should consider when you search for a “malpractice attorney near me” is the attorney’s credentials. A qualified attorney will have a strong educational background, relevant licensure, and certifications that demonstrate their expertise in medical malpractice law. Researching their credentials and experience gives you a better sense of whether they are a qualified professional who can handle a medical malpractice case like yours.

Verifying an attorney’s credentials is relatively straightforward. Start by checking with the State Bar Association for your state. It will provide information on the attorney’s licensure and any disciplinary actions taken against them. An attorney’s own website can often be a good resource as well, as many attorneys list their credentials, experience, and areas of specialization online. Organizations like Avvo or Martindale-Hubbell can also provide valuable information on an attorney’s reputation and credentials.

An attorney with medical malpractice expertise will have a deeper understanding of the complex laws and regulations that govern medical malpractice cases. They will also have experience working with medical experts, which is vital to this type of case.

Read Client Reviews

Client reviews and testimonials are helpful when you’re searching for a malpractice attorney near you. Personal reviews provide insight into an attorney’s reputation and work style and the level of client satisfaction. Read about the experiences of past clients to get a better sense of what to expect from the attorney and whether they are a good fit for your case.

Client reviews can be found in a variety of places, including online review sites, social media, and the attorney’s website. When evaluating client reviews, pay attention to details about the attorney’s communication style, responsiveness, and ability to explain complex legal concepts in a clear and concise manner.

A good malpractice attorney will take the time to explain the legal process, answer questions, and provide updates on the status of a case. The attorneys at Warren Allen LLP understand the importance of client satisfaction, always striving to provide exceptional service to all their clients and ensuring they feel informed and supported throughout the legal process.

Verify Case Experience

If you’re searching for a malpractice attorney, you should verify the attorney’s experience with medical malpractice cases. An attorney’s experience in this particular area can be a significant factor in how they handle and, ultimately, the outcome of a case. Working with an attorney who has a proven track record of success will also provide you with peace of mind.

Don’t be afraid to ask specific questions, like how many medical malpractice cases they have handled, what other types of cases they have worked on, how many of their cases have gone to trial versus settling, what their success rate is, and their familiarity with the relevant laws and regulations. Ask about their experience working with medical experts and other related professionals. Pay close attention to the attorney’s response to help you gauge their level of expertise and their confidence in handling your case.

Working with an attorney who has proven to be successful in medical malpractice cases can give you a significant advantage when seeking compensation for your injuries. An experienced attorney will be able to anticipate potential challenges and develop effective strategies to overcome them. They will also be able to provide informed guidance and advice, and help you make informed decisions about your case.

Schedule a Consultation

When searching for a malpractice attorney near you, the most effective way to determine whether an attorney is the right fit for your case is to schedule an in-person consultation. This first meeting provides an opportunity for you to evaluate the attorney’s approach and assess their communication style. Meeting with multiple attorneys can be beneficial in finding the best fit for your medical malpractice case.

During a consultation, you can expect to discuss the details of your case, including the circumstances surrounding your injury and the impact it has had on your life. The attorney will likely ask you questions about your case, take notes, and provide an overview of their approach. This is also an opportunity for you to ask questions about their experience and their process. The attorneys at Warren Allen LLP offer free consultations for medical malpractice cases. Discuss your case with an experienced attorney, and take the first step toward seeking justice for your injuries.

What Questions to Ask After a Car Wreck in Oregon?

Written by George McCoy on May 18, 2025. Posted in Car Accident, Personal Injury.

Being involved in a car accident, even a minor one, can be disorienting. One of the best things you can do to prepare just in case is to know what information you might need to gather to help protect your rights.

For instance, whenever possible, take pictures of vehicle damage (from several vantage points), license plates, driver’s licenses and insurance cards, any visible injuries, and the scene of the accident itself (including weather conditions, skid marks, traffic signals or signs, other vehicles, debris, etc.). Also, write down as much information as you can, especially about road conditions, weather, or other contributing factors, as soon as possible while your memory is fresh.

The personal injury attorneys at Warren Allen LLP have worked with many clients throughout the Pacific Northwest and have put together helpful guidance on the questions you should ask after a car wreck in Oregon, in addition to documenting the scene, to be ready for potential legal or insurance claims.

Questions to Ask Immediately

Although it can be difficult to think clearly after a car accident, it’s important to try to stay calm. The most important immediate consideration is the safety of everyone involved. Useful questions could include:

Is anyone hurt? If so, call 911 for an ambulance.
Are we in a safe spot? If there are no injuries and the vehicles are operable, move them to the shoulder of the road or to a safe location near the scene of the accident, such as a parking lot, to make room for other motorists and emergency response vehicles. Oregon law actually requires drivers to remove vehicles from the roadway after an accident in these situations.
Can other drivers see us? If there are injuries or you are not able to move your car, do your best to make sure other drivers can see that your vehicle is disabled to prevent secondary collisions. Turn on your hazard lights and use roadside flares or warning triangles if you have them.
Once everyone is as safe as possible, the next question to ask is, Do I need to report the accident to the police? In the case of a car wreck in Oregon, drivers are required to inform law enforcement if the accident results in death or injury, more than $2,500 in damages (to vehicles or property), or a vehicle being towed from the scene along with damage over $2,500. Remember that you will need to file a Collision and Insurance report with the DMV within 72 hours of the accident if it meets the above criteria.

Questions for Law Enforcement

When police arrive at the scene, it can be helpful to ask certain questions to make sure you have the necessary information should you need to pursue a legal or insurance claim later. Ask for the responding officer’s name and badge number and which law enforcement agency they are affiliated with. You can also ask for the case number (sometimes also referred to as an incident number), how you can access a copy of the police report, and if the officer is issuing any charges or citations.

Questions for Others Involved

No matter who is at fault in the accident, it’s important to exchange information with the other driver or drivers. Ask for full names and contact information. If possible, you should also ask to see their insurance card and take a picture of it so that you have a record of their insurance company, a policy number, and a phone number. Do they own the car, or if not, who is the owner? Make note of the make, model, color, and license plate number of each vehicle involved. Take down the names of any passengers involved as well.

As you gather information from the other drivers, be careful not to admit fault. Avoid apologizing, since an apology could be interpreted as accepting blame for the accident.

Questions for Witnesses

If other drivers or pedestrians witnessed the accident and have stayed at the scene, you can ask questions to get witness statements. Getting information from witnesses is best done as soon as possible since memories tend to fade or change with time. Basic questions for witnesses could include:

Can I have your name and contact information?
What did you see or hear?
Were you driving, stopped, parked, or standing nearby? Where?
Are you willing to give a witness statement to law enforcement or to an insurance adjuster?

Questions for Your Insurance Company

Although it’s a good idea to be familiar with your insurance policy before you ever need it, you should speak with your insurance agent as soon as possible after a car wreck in Oregon. Be sure to talk with your own insurance company before you give any statements to the insurance company of the other driver. Ask about your policy’s coverage and limits. Oregon has specific car insurance requirements, but it’s possible that you have additional coverage as well.

Can your insurance company help with car repairs or a rental vehicle? Do they require a detailed statement? How much time do you have to file a claim? Will your premiums increase if you file a claim? What documentation do you need to provide?

Questions for a Personal Injury Lawyer

In certain cases, you might need to consult with a personal injury lawyer. For instance, if you or someone in your vehicle is injured in the accident, if fault is being disputed, if the other driver’s insurance company or attorney contacts you, or if you feel like you are being pressured to admit fault or accept a settlement that is less than reasonable.

When looking for a reputable personal injury lawyer, ask about their experience with cases similar to yours and if they specialize in personal injury. You can ask about their success rate and if they have trial and court experience. They should also provide you with clear information about their fees and pricing structure. Many personal injury lawyers work on a contingency basis where they do not get paid unless you win your case. If you have been in a car wreck in Oregon, the personal injury team at Warren Allen LLP would be happy to discuss your case and your options with you. You don’t have to face this challenging time alone. Let our team be your team. Schedule a consultation today!

The Facts About Power of Attorney in Oregon

Written by George McCoy on March 25, 2025. Posted in Estate Planning, General Law.

If you live in Oregon and think you may need a power of attorney, it’s important to first understand a few key facts about what a power of attorney in Oregon is and how it works. A power of attorney refers to a legal document that gives another person the power to act on your behalf in case of temporary or permanent incapacity.

At Warren Allen LLP, we want to support you and your family during all stages of life. Our experts are ready to unpack this legal concept so you can make an informed decision about how to best move forward if you (or a loved one) needs a trusted individual to manage finances, healthcare, or real estate. We understand the delicacy of the situation, so we’ve outlined the different types of power of attorney (POA) below and are ready to answer any questions you have regarding your next steps.

What Is a Power of Attorney in Oregon?

A signed power of attorney authorizes another person, called the “agent” or “attorney-in-fact,” to make financial, medical, or property decisions on the behalf of someone who is temporarily or permanently unable to sign necessary documents or make decisions on their own. The agent has the power to act on behalf of the “principal,” the subject of the POA, and can either make broad or limited legal decisions depending on the scope of their authority.

How Does a Power of Attorney Work?

Both the agent and the principal sign the legal document in the presence of a third-party witness. If an agent is given general power of attorney, they are legally able to make decisions on behalf of the principal in all financial matters allowed by the state of Oregon. If they are granted limited or special authority, then the agent can only make decisions on behalf of the principal in special situations or for a specific period of time. For example, if you are getting deployed, you can create a power of attorney for the duration of your deployment. If you set up a limited POA for one year, then the agent’s authorization concludes at the end of a year.

In most cases, a general or limited POA agreement will automatically end if the principal is no longer able to make decisions for themself. If you wish to keep your power of attorney in effect, even if you become mentally or physically incapacitated, you must sign a durable power of attorney. This will allow the agent to continue to act on your behalf even if your mental or physical health declines and you are unable to make decisions. Keep in mind, a principal can still revoke the agreement, and when they die, the power of attorney ends.

Additionally, a POA’s authority can be invalidated by a court if the agent and principal divorce or if an agent is unable to perform the responsibilities of their agreement.

Why Might I Need a Power of Attorney?

A principal may seek a trusted person to look after their health or finances in the event they become incapacitated. This can be due to illness, disability, the effects of aging, dementia, traumatic brain injury, or other impairments that affect a person’s mental capacity. It can also encompass service members who will be deployed and need someone to manage their finances and property while they’re overseas.

Aging parents may plan ahead by naming an adult child as their durable POA. When your mental health declines, and you’re no longer able to make decisions for yourself, your child (or other trusted agent) can make decisions for your healthcare and finances. You can elect to give one child general POA or give limited POA to multiple children, defining specific powers for different individuals.

Conversely, service members may prefer to limit the POA to a set period of time, making the authorization temporary.

What are the Different Types of Power of Attorney?

The two primary POAs are financial power of attorney and healthcare power of attorney (HCPOA).

Financial Power of Attorney

A financial POA gives an agent the authority to manage their financial and business affairs. This can range from paying bills to managing investments. They are required to act in the best interests of the principal and, to the best of their ability, carry out their wishes. Below are some of the key ways an agent can act on behalf of a principal’s financial interests:

Manage bank accounts—sign checks and make deposits, withdrawals, and changes to beneficiary designations
Pay bills
Manage investments and control financial portfolios
Manage insurance and annuities
File taxes
Deposit Social Security checks
Buy, sell, or lease property

It’s important to note that financial POAs can be categorized depending on their scope of authority:

General POA: An agent has broad legal authority to manage all finances allowed by the state of Oregon
Limited POA: An agent is only allowed to manage specific matters outlined in the agreement. This could limit an agent’s authority strictly to their property or the family business. It may even limit their authority to a certain number of years.
Durable POA: Takes effect when the document is signed and remains in effect even when the principal becomes mentally incapacitated. This is limited to financial affairs, such as paying medical bills. They cannot make medical decisions unless they have an HCPOA.
Springing POA: Takes effect only when the principal becomes incapacitated. The durable POA “springs” into effect if or when the principal is incapacitated to the level defined within the agreement.

Healthcare Power of Attorney

A healthcare POA, or health care proxy, authorizes an agent to make medical decisions on behalf of the principal. When you are no longer able to make your own healthcare decisions, your agent (typically a relative, spouse, friend, or lawyer) can make decisions about your medical care.

Do I need a Lawyer to Set Up a Power of Attorney in Oregon?

It is wise to seek the counsel of an attorney when setting up your POA. A POA involves some risk since it grants significant authority over your finances or medical care. POA abuse does exist; an attorney will work to protect your best interests as you name your agent.

Only appoint someone you trust, who understands and respects your wishes. Avoid new “best friends” who want to help out by managing your finances. Their aim may be to secure a POA to exploit your finances and act in their own interests by spending money on themselves, making crucial changes to your beneficiaries or retirement plans, or pressuring you to give them more authority. When you are ready, contact our experienced attorneys at Warren Allen LLP. We’ll help you name an agent you trust and protect your interests.

What Is Full Custody in Oregon?

Written by George McCoy on March 4, 2025. Posted in Family Law.

When parents divorce, one of the most important decisions they will have to make is determining child custody arrangements. Custody decisions focus on factors such as the child’s relationship with each individual parent, the ability of the parents to communicate with both the child and each other, and the child’s physical, emotional, and psychological needs.

Though joint and shared custody are common, full custody in Oregon may be awarded when one parent is unable to provide proper care for the child. In these cases, the custodial parent becomes primarily responsible for the child and is able to make unilateral decisions regarding the child’s health and well-being. No two child custody cases are alike, but every custody decision is made with the goal of providing the most stable and supportive environment for the child.

Understanding custody laws can be overwhelming and complicated, especially during an emotionally charged divorce. Seeking professional guidance will help parents make informed decisions on their child’s behalf. In Portland, the attorneys at Warren Allen LLP have extensive family law experience, providing valuable legal advice for parents seeking full custody in Oregon.

Defining Full Custody

Full custody in Oregon, also known as sole custody, is when all decision-making rights for a child are awarded to one parent. This means the custodial parent has authority over every important aspect of the child’s life, without having to consult with the other parent. The other parent may still have parenting time or visitation rights, depending on the situation. Custody and parenting time are determined separately in Oregon.

It is different from joint or shared custody, where parents share these responsibilities. Even without custodial rights, the non-custodial parent may still be responsible for paying child support and contributing to other financial expenses related to the child, such as paying medical expenses.

The court usually grants full custody in Oregon if the other parent is unfit or cannot raise the child. Factors such as drug addiction, domestic violence, or neglect are all taken into account in child custody cases. The primary goal is always to ensure the best interests of the child, while prioritizing their safety, stability, and overall well-being. Full custody provides consistency, but it also comes with a significant burden, as the custodial parent is required to provide all decisions that affect the emotional, physical, and psychological well-being of the child.

Understanding the implications of full custody is imperative for any parent involved in a custody dispute. Legal advice can help guide parents through this complex process, ensuring the best outcome for their child. Experienced family law attorneys can provide their clients with valuable support, offering the necessary assistance to parents in negotiating custody arrangements.

Rights and Responsibilities of Full Custody

Full custody in Oregon gives the custodial parent absolute control over major decisions affecting the life of the child. This includes making choices about education, including selecting a school; healthcare, such as choosing medical providers and making decisions about procedures; and even extracurricular activities, such as enrolling the child in sports or other programs. In addition, this authority comes with the added responsibilities of maintaining a stable home environment and ensuring the child’s daily needs are met. It also involves supporting the child emotionally.

Although full custody gives one parent primary responsibility, in many cases, the non-custodial parent may still have parenting time or visitation rights. The non-custodial parent may also still be able to participate in certain decisions affecting the child; however, the custodial parent is usually not required to involve them in their decision-making process unless otherwise agreed upon or ordered by the court. The non-custodial parent’s level of involvement depends on the specific custody arrangement, but their participation in important decisions is significantly more limited than it is with joint custody.

How Courts Determine Custody Arrangements

Courts always try to prioritize the child’s best interests when determining custody arrangements. Rather than automatically awarding custody to one parent by default, judges typically consider a number of factors when deciding what’s best. These considerations include each parent’s ability to communicate and cooperate, the child’s relationship and comfort with each parent, the stability and support of each parent, and the physical, emotional, and psychological health of the child.

The court then evaluates which parent is best equipped to meet all the child’s particular needs. For instance, if a parent has a history of substance abuse or domestic violence, the court might determine that awarding them custody is not in the child’s best interest.

As we’ve mentioned, parenting time is determined separately. Full custody does not mean the other parent is not allowed to see the child. In fact, if both parents are able to provide a stable and loving home environment, joint or shared custody may be a more appropriate solution. Parenting time may actually be split 50/50 even if one parent has sole custody.

Each case is unique, and custody decisions are based on the parents’ and child’s specific circumstances and needs. By weighing these factors, both the parents and the court try to establish an arrangement that meets the child’s physical and emotional needs, whether that means full custody, joint custody, or another type of custody agreement.

Next Steps

Child custody cases are focused on meeting the needs of the child while considering both parents’ rights and responsibilities. Since full custody in Oregon gives one single parent decision-making authority, the court thoughtfully determines custody based on several variables, including the relationship between the child and both parents, the parents’ communication skills, and the child’s overall physical and emotional health. Ideally, parents, attorneys, and courts work together to create an appropriate custody arrangement that optimizes the child’s growth and happiness. Warren Allen LLP’s family law team provides experienced legal representation in divorce cases, custody disputes, and other family law matters, helping parents better understand their rights, while ensuring their children remain the top priority.

What Is Medical Negligence According to Law?

Written by George McCoy on February 18, 2025. Posted in Medical Malpractice.

Medical negligence law refers to the rights of a patient who has suffered from an action, inaction, or an omission made by a healthcare provider who failed to meet the accepted standard of medical care. Misdiagnosis, surgical malpractice, pharmacological errors, and infections can cause injury, disability, or even death.

Medical negligence law establishes responsibility and safety for the patient while promoting transparency and building trust between the patient and the medical provider.

Equipped with extensive knowledge regarding medical negligence law and dedicated to upholding justice, we’ve put together this guide to help victims understand their rights and know when to seek compensation.

Defining Medical Negligence

Medical negligence and medical malpractice are often mistakenly used interchangeably. Although similar and often intertwined, they have different meanings within the context of medical negligence law. Negligence specifically refers to when a healthcare professional has not acted within the accepted standard of care, resulting in accidental harm to the patient. This can include misdiagnosis, treatment errors, or mismanagement of a patient’s condition.

Medical malpractice, on the other hand, occurs when the medical practitioner is aware of the potential harm their actions could cause before the mistake is made. The legal difference between medical negligence and malpractice is subtle, but a skilled medical malpractice attorney can help you determine which your case falls under.

Although the definition of medical negligence varies slightly from jurisdiction to jurisdiction, courts generally require proof of four elements in order to establish liability: duty, breach of that duty, damages, and causation of those damages. This legal framework helps identify when a patient or loved one may have been a victim of medical negligence.

Types of Medical Negligence

Medical negligence can take on numerous forms, each with its different challenges. Negligence in diagnosis could be in the form of misdiagnosis or failure to diagnose a condition, which may result in inappropriate or delayed treatment and aggravation of the patient’s condition. Surgical negligence includes operating on the wrong site or leaving instruments inside the body, which might cause permanent injury or even death. Medication errors include improper dosages or administration that can lead to severe reactions or even fatal overdoses.

Another important concern is the lack of informed consent, where a medical professional does not sufficiently inform the patient of the risks involved in a particular treatment or the alternatives available. Essentially, this denies the patient their right to make an informed decision regarding their care.

Due to the multiple forms of medical negligence, seeking professional legal representation and guidance is of the utmost importance.

Establishing Medical Negligence

In legal cases, the plaintiff, or victim, has the burden of proof. In medical negligence claims, the plaintiff needs to establish that the action of a healthcare provider has fallen below the accepted standard of care. As mentioned above, the plaintiff must prove four elements to establish liability. Proving the duty and breach of duty are essential to establishing medical negligence

The duty itself is defined as the obligation of a healthcare provider to meet the accepted standard of care; usually, that standard of care is established through expert testimony.
A breach of duty is when a medical professional fails to meet or departs from the standard of care, resulting in damages. Expert testimony by medical professionals who specialize in the same field as the defendant can help establish the standard of care and demonstrate exactly how the actions of the provider in question breached that standard.

Detailed documentation is also key in establishing negligence. Medical records provide evidence of care that could determine the standard of care, breaches of such standards, the extent of the damages or injury, and even help establish causation. Poor recordkeeping or inaccurate or missing records could make it more difficult to prove negligence. Each of these factors is critical in the search for justice and compensation.

Common Defenses

The most common defenses in medical negligence cases include challenging the plaintiff’s version of events, explaining the reasonableness of the medical professional’s actions, or even challenging the extent of damages incurred. The anticipation of such defenses better arms the plaintiff in presenting a strong case.

Healthcare providers often have medical malpractice insurance that covers compensation awarded in medical negligence claims. As such, it is essential for victims to work with experienced attorneys who understand the complexities of medical negligence law and can effectively negotiate with insurance companies to secure fair compensation.

The experienced attorneys at Warren Allan LLP understand the intricacies of medical negligence law, enabling them to present medical evidence in an articulate manner while supporting the rights of their clients as they pursue fair compensation.

Damages and Compensation

In medical negligence cases, victims may be entitled to various types of damages, including economic, non-economic, and punitive damages. Economic damages compensate for tangible losses, such as medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses incurred due to the healthcare provider’s negligence. Non-economic damages, on the other hand, offer compensation for intangible losses, including pain, suffering, emotional distress, loss of enjoyment of life, and other non-monetary losses. Punitive damages are less common and are intended to punish healthcare providers for either intentional or reckless conduct.

The compensation awarded in medical negligence cases is influenced by various factors, including the severity of the harm suffered, the extent of the victim’s losses, the jurisdiction in which the case is brought, and the strength of the evidence presented. In some cases, the victim’s own actions, or lack of, may also impact the amount of compensation awarded. For instance, if a victim fails to follow a prescribed treatment plan, it may be argued that their actions contributed to their harm, potentially reducing the amount of compensation awarded.

The Bottom Line

Medical negligence is a complex issue with significant consequences for victims and their loved ones. Understanding medical negligence law and establishing medical negligence allows victims to better protect their rights. Shedding light on medical negligence empowers individuals and their loved ones to advocate for their rights and interests and helps to promote a safer, more accountable healthcare system overall. If you or a loved one believe medical negligence may have occurred, it is essential to seek legal advice as soon as possible. The attorneys at Warren Allan LLP are committed to advocating for victims of medical negligence, working tirelessly to ensure injured parties receive the maximum compensation available under the law.

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