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Common Types of Personal Injury Cases and How to Handle Them

Common Types of Personal Injury Cases and How to Handle Them

Written by George McCoy on . Posted in Personal Injury. No Comments on Common Types of Personal Injury Cases and How to Handle Them

You might have seen commercials for personal injury lawyers talking about fighting for your rights if you’re the victim in an accident with a semi-truck or if you have gotten sick as a result of using specific products. Although vehicular accidents and product liability are common types of personal injury cases, there is a range of issues that can fall under the umbrella of “personal injury.” 

What constitutes personal injury according to the law? Any time you sustain an injury as a direct result of the actions or negligence of another person or entity (such as your place of employment, a government agency, a business, etc.), you might have a personal injury case. As in other states, Oregon personal injury law has a statute of limitations deadline for filing this type of case. In Oregon, you must file your claim within two years of sustaining the injury. 

How can a personal injury lawyer help? Usually, personal injury lawyers work to get financial compensation from the responsible party to help you with medical bills, lost wages, repairs, pain and suffering, and loss of quality of life. 

Below are descriptions of the most common types of personal injury cases and how personal injury lawyers, like the Warren Allen LLP team, handle them. 

Types Of Personal Injury Cases

It’s important to remember that the term “personal injury” does not exclusively mean “bodily injury.” In some cases, you can suffer mental or emotional damage as the result of someone else’s actions or inaction, and the law recognizes these issues as personal injury.

Vehicular Accidents

Accidents involving vehicles are prevalent. According to the Centers for Disease Control and Prevention, road traffic crashes are the leading cause of death in the United States for people between the ages of 1 and 54. Vehicular accidents can occur with any type of vehicle, including bicycles, boats, airplanes, and mass transportation like buses or trains. If you are a pedestrian or cyclist struck by a vehicle, you may also have a valid personal injury claim.

Oregon adheres to a traditional “fault-based” system, meaning the person at fault is held responsible for any resulting damages or harm. Personal injury lawyers often help clients navigate the insurance claims process, analyze insurance policies and negotiate with the insurance company, gather evidence like police reports or eyewitness accounts, and represent you in court if needed.

Slip And Fall Accidents

As the name suggests, slip-and-fall accidents are when an individual slips or trips, falls and sustains an injury on another person’s property. A more formal name for this type of personal injury case is a premises liability claim. If you slipped and fell due to negligence, the property owner or the person responsible for the property at the time of the incident might be required to compensate you financially for your injuries. 

Some common causes of slip and fall accidents are snow and ice accumulation on a sidewalk, missing handrails, poor lighting, liquid spills, uneven surfaces or poorly maintained stairs, flooring, etc. If the property did not take proper precautions, like posting warning signs or ensuring appropriate maintenance, they could be held liable. 

Premises liability cases are not restricted to businesses. Individual homeowners can also be liable if you can prove you were injured on their property due to negligence. 

Hiring a personal injury lawyer for a slip and fall case is a good idea because they understand what is necessary to establish negligence in the eyes of the law. They can arrange for an assessment of the premises, gather appropriate evidence to prove negligence, negotiate with property owners or insurance companies as needed, and represent your case in court if you cannot reach a fair settlement.

Product Liability

When you purchase and use a product, you put a certain amount of faith in whoever designed, manufactured, and sold you that product. They have a legal and moral obligation to ensure that the products they provide are safe for consumers. If you use the product as intended, but it damages you or your property because of a product defect, you might have an avenue open to pursue a product liability claim and recoup money for the resulting damages.

Working with a personal injury lawyer who understands Oregon’s product liability laws is usually best. The total damages for which you may be eligible might be reduced because of the “comparative” fault of you as the user. 

Try to keep as much of the defective product together as possible so that your attorney can work with experts to investigate and gather evidence. Experienced attorneys can also negotiate with manufacturers and insurance companies on your behalf. If proper compensation is not provided, your personal injury lawyer can help you file a lawsuit and represent your interests in court.

Animal Bites

Unfortunately, over 4.5 million people are bitten by dogs in the United States annually. Dog or other domesticated animal bites can cause physical injury that requires medical care but can also result in psychological damage. 

As with other types of personal injury cases, your lawyer will help assess the liability of the animal’s owner and negotiate with them, their insurance company, or their attorney, if necessary. Depending on the case, your attorney might seek compensation for medical expenses, therapy, counseling, lost wages, or other damages related to pain, suffering, or loss of quality of life, especially if injuries were severe or had long-term consequences.

Medical Malpractice

Healthcare providers always strive to diagnose and treat our illnesses and injuries correctly. However, they are human, and there might be times that you experience substandard medical care. A missed diagnosis, a wrong diagnosis, or an error during surgery can result in significant physical and emotional injury. 

Working with a personal injury lawyer is especially important in medical malpractice cases because expert medical evidence and testimony will most likely be required for a successful case. Your attorney will work with experts to review medical records and assess the standard of care. Your attorney can also negotiate with insurance companies and work with you to file a lawsuit. 

Workplace Accidents

While a workers’ compensation insurance claim might be the first and most appropriate route for accidents at work, in some cases, you may also be eligible to make a personal injury claim. If a third party (like the manufacturer of a defective product) was involved in the incident, you could file a personal injury claim against them. Consulting with legal experts is the best way to ensure you receive everything you are due from everyone who might be at fault. 

No matter what type of personal injury case you might have, working with experienced attorneys who understand Oregon personal injury law is essential to getting the help you need. Don’t let the medical bills pile up while you try to deal with insurance companies alone. 

Call our personal injury team at Warren Allen, LLP. They will offer sound legal advice and representation as they work to get you the appropriate compensation and the best resolution to your situation.

Medical Malpractice: How to Pursue Justice for Your Injuries

Medical Malpractice: How to Pursue Justice for Your Injuries

Written by George McCoy on . Posted in Medical Malpractice. No Comments on Medical Malpractice: How to Pursue Justice for Your Injuries

Most of the time, when you go to a healthcare provider, it’s to cure an ailment; you feel sick, you make an appointment, they provide a service or treatment to make you feel better, and you go on with your life. Your appointment usually goes that smoothly, and you don’t give it another thought. But what if something out of the ordinary happens and things don’t go as smoothly as you think they should?

Unfortunately, some healthcare workers can make you feel worse instead of better, resulting in injury and, in severe cases, even death. Suppose you believe you or a loved one has been injured while seeking medical treatment. In that case, it is in your best interest to retain a medical malpractice attorney in Oregon as soon as possible.

Medical Error vs. Medical Malpractice

At the heart of all medical malpractice cases is determining whether the injury was due to medical error or medical malpractice. So, what exactly is the difference between the two?

A medical error is defined as a preventable adverse effect of care, whether or not it is evident or harmful to the patient. Medical error might include an inaccurate or incomplete diagnosis or treatment of a disease, injury, syndrome, behavior, infection, or other ailment.

On the other hand, medical malpractice is defined as a legal cause of action that occurs when a medical or healthcare professional, through a negligent act or omission. It must deviate from standards in the medical provider’s profession, causing injury or death to a patient. Negligence might arise from diagnosis, treatment, aftercare, or health management errors.

As you can see, the two definitions are startlingly similar. Simply put, medical errors are unintentional, while medical malpractice involves negligence or malice. In most cases, there is a very fine line between the two, which makes medical malpractice cases some of the most complicated claims to prove. To say these lawsuits are incredibly detailed would be an understatement, which makes it nearly impossible for someone without a law or medical degree to win. In fact, due to Oregon State’s complex and ever-evolving medical malpractice laws, even the most seasoned medical malpractice attorneys can find these types of cases difficult.

Starting the Process

Schedule your free consultation with Warren Allen, Attorneys at Law, and our team of experienced medical malpractice attorneys specializing in Oregon State law will be there for you. We can help you determine if your or your loved one’s injuries constitute a valid medical malpractice claim and help you seek justice for your injuries.

Several initial steps will be taken, including but not limited to:

  • Making sure your claim meets the minimum criteria. Your medical malpractice claim must be filed within Oregon State’s statute of limitations, though exceptions exist. Since every case has different circumstances, be sure to consult with your medical malpractice attorney before assuming your claim is invalid.
  • Initiating contact with those responsible for the incident. It is vital to understand what went wrong and explore potential remedies. Medical professionals are generally very cooperative and willing to provide the necessary services to address your issue, as they’d rather settle the dispute before it escalates to an official legal matter.
  • Filing a claim with Oregon State’s medical licensing board. You should file this claim regardless of whether or not you choose to retain one of our medical malpractice attorneys in Oregon, as it will prompt an official investigation by Oregon State’s medical licensing board. That investigation will notify the medical professional in question, as well as the medical facility in which they are employed. The medical board’s investigation could significantly help your case, and it could even help move your settlement along faster. At the very least, it might possibly prevent injury to others while the investigation is underway.
  • Reviewing and maintaining your claim details and paperwork. This sounds like a simple enough task, though it may be the most complicated step of all. Every piece of documentation relating to your case is important, including something as simple as a gas station receipt. Gathering as much evidence as possible, such as medical records, witnesses, testimonials, medical assessments, depositions, investigations, and any other additional resources along the way, will only strengthen your case.
  • Be open to settling out of court. This benefits both parties, especially considering medical malpractice cases can be costly and lengthy, sometimes dragging on for months and possibly years. An astonishing 96 percent of these cases settle out of court with attorneys negotiating a reasonable monetary settlement. Your medical malpractice attorney will advise you on the best strategy for your particular case and help you make an informed decision, as it is ultimately up to you.

Legal Fees

If you’ve suffered from medical malpractice, you don’t need the added hassle of pursuing an ongoing and possibly costly lawsuit on your own. All of the details listed above can be extremely overwhelming, especially when you’re already suffering physical and/or emotional anguish – but you don’t have to do it alone. The attorneys at Warren Allen are here to relieve some of your burden and fight for you.

Our medical malpractice attorneys will navigate the labyrinth of Oregon State’s medical malpractice laws and the mountains of paperwork that come along with every medical malpractice claim while you focus on recovery. You may think you can’t afford a medical malpractice attorney, but I have good news for you! Our legal fees are contingent on your case settlement, so we don’t get paid unless you do.

Whether you’re just starting the medical malpractice process in Oregon State or have inquiries about your case, seeking sound legal advice is crucial. Schedule your free consultation with one of our medical malpractice attorneys in Oregon today, and let the legal experts at Warren Allen, Attorneys at Law, address all of your concerns.

Property Division Under Oregon Divorce Laws: What to Expect

Property Division Under Oregon Divorce Laws: What to Expect

Written by George McCoy on . Posted in Family Law. No Comments on Property Division Under Oregon Divorce Laws: What to Expect

Going through a separation and divorce is one of the most stressful experiences a person can have. Financial security, distribution of assets, and even alimony and child support considerations can be huge stressors, along with the emotional toll that divorce causes. There are many aspects to Oregon divorce laws, and reliable, knowledgeable, and skilled divorce attorneys are necessary to help navigate them.

Our experts here at Warren Allen LLP field many questions about property division and how it works. While there is no way to determine what judicial order might encompass, there are ways to gather and provide as much information as possible to help your divorce be less stressful. Here is a short guide on property division under Oregon divorce laws and what to expect:

Equitable Distribution

Oregon is considered an equitable distribution state. Equitable distribution means the court will consider several factors in dividing up marital assets and what they believe to be marital assets to divide them up equitably. In some ways, this is an attempt to have a fairer distribution versus community property, where everything is divided 50/50.

The types of property that the court considers are real property and personal property. Real property is any land, buildings, homes, and condominiums. Mobile homes on rented land are not regarded as real property.

Personal property can include cars, jewelry, furniture, pension plans, retirement accounts, bank accounts, investment accounts, airline miles, cash on hand, and businesses. Any art collections, valuable collections, even life insurance policies, expected inheritances, and annuities are to be documented in what is submitted to the court.

Types of Documentation Needed

This is where part of the nuances of equitable distribution comes into play. While it may seem like Oregon divorce laws are attempting to be more fair in the distribution, proper documentation and evaluation are needed in order to do that. Providing the correct documentation of assets and liabilities is critical.

Real property requires an appraisal. Any businesses will also need an appraisal. Some personal property like vehicles, jewels, art, and collections will also need some form of assessment. Also crucial for documentation is the dates when either party in the marriage acquired these items. In some instances, assets and liabilities may not be subject to splitting under equitable distribution.

All mortgages, loans, credit cards, pending college tuition payments, student loan debts, and even pending lawsuits should be documented in what is given to the court. Even outstanding debt on businesses, tax debt, and future tax debt need to be considered.

While the court does not require documentation other than what they request, if there is a dispute on any of the value of any items, it’s better to have documentation available to support it. Consider gathering deeds, titles, bank and credit card statements, and other relevant information. If there were a prenuptial agreement, a copy would most assuredly be relevant in this case.

Filings to Submit to the Court

The court requires a submission of all of the assets, real and personal properties in the Statement of Assets and Liabilities form. This is where things get very specific, and distinctions are to be made. The courts want respondents to file this jointly and come to a decision on how and what is divided, but sometimes, that is not possible. If that is the case, each party needs to file this statement.

Regarding retirement accounts, the courts require filing a Qualified Domestic Relations Order (QDRO). This is a complex document with the specific language needed by the financial and pension institutions in order to distribute. Incorrectly filing this out will be costly regarding time and money and is critical to the next step in the divorce process. The QDRO will instruct the retirement account holders on how these accounts will be split up and enable them to create two separate accounts based on that information.

Considerations Under Equitable Distribution

Most people don’t realize that these filings are to be agreed upon before submitting, if possible. Distributions must not be equal to be considered fair and equitable. This is where documentation and evaluation come into play.

Consider assets acquired before the marriage, like a house. Factors like how long the marriage lasted, how much the other spouse contributed to maintaining or renovating, and if they contributed towards the mortgage all become relevant to the distribution of this asset. If the house increases in value during the marriage, it can also affect how this asset is considered under distribution.

The same goes for debt. If a spouse had secretly run up credit cards for a gambling addiction and the other spouse was unaware, this might be considered differently. Still, if a spouse gets into debt after the separation, that might also be factored in. If there is business debt and even future expenses like tuition are all factors that weigh into equitable distribution.

There are a lot of factors that the courts consider when doing property division, and it can be complex. The court will look at many factors, including the age and health of the spouses, how much financial contributions each spouse made, and the earning power of each spouse. Child support, alimony, and current lifestyle are all considerations. The court considers non-financial contributions to the marriage, like a spouse made into the marriage for the other spouse to be successful in their career.

Property and asset division will usually come up in any divorce. While parties are expected to come up with an agreement, sometimes that isn’t possible without professional help. You can find expert advice from our team at the Warren Allen LLP website. Our experience has helped Portland area residents for decades, and you can count on our excellence in helping you navigate this difficult time in your life.

What is a Personal Injury Lawyer? When Do You Need One?

What is a Personal Injury Lawyer? When Do You Need One?

Written by George McCoy on . Posted in Personal Injury. No Comments on What is a Personal Injury Lawyer? When Do You Need One?

Accidents happen. But what if you get hurt in an accident, and it’s someone else’s fault? For instance, if you trip and fall on a broken step in a store and sprain your ankle, can you get compensated for medical bills or wages lost from time missed at work? 

When you’ve sustained an injury as a direct result of the actions or inactions of another person or entity (e.g., government agency, company, workplace, etc.), you might need the services of a personal injury lawyer to represent you. Usually, a personal injury lawyer will work to get payment from the responsible party to compensate you and help you recover.

Although car accidents are usually what first spring to mind when thinking about personal injury cases, there are several different types of cases that personal injury lawyers handle. Keep reading to better understand what these cases entail, as well as the services that personal injury lawyers generally provide to their clients. 

Types Of Personal Injury Cases

The following are short descriptions of the most common personal injury cases. Keep in mind that the term “personal injury” does not always have to mean “bodily injury.” Not just physical injury falls under the umbrella of personal injury, mental and emotional damage count as well.

Vehicular Accidents

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

Slip And Fall Accidents

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

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

Product Liability

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

Animal Bites

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

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

Medical Malpractice

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

Workplace Accidents

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

What Does A Personal Injury Lawyer Do For Clients?

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

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

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

Get The Help You Need

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

What To Do If You’re Bitten By a Dog

What To Do If You’re Bitten By a Dog

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

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

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

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

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

Here are steps you can take following a dog bite:

When a Dog Bite Occurs

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

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

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

Clean Wound and Apply First Aid

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

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

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

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

Get Information From the Dog Owner

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

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

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

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

See a Medical Professional

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

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

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

Contact a Personal Attorney if Necessary

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

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

Is a Dog Bite Injury Attorney Worth It?

Is a Dog Bite Injury Attorney Worth It?

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

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

Expertise in Dog Bite Laws

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

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

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

Determining Liability

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

Gathering Evidence

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

Negotiating with Insurance Companies

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

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

Maximizing Compensation

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

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

Peace of Mind

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

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

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

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

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

What to Bring the First Time You Meet With Your Portland Divorce Attorney

What to Bring the First Time You Meet With Your Portland Divorce Attorney

Written by George McCoy on . Posted in Family Law. No Comments on What to Bring the First Time You Meet With Your Portland Divorce Attorney

If you’re considering getting a divorce, one of the first steps you should take is to meet with a Portland divorce attorney. This legal process can get messy, so it’s better to be safe than sorry. These attorneys, who practice family law, will provide an expert hand to guide you along this challenging path.

Read on below for a breakdown of the essential documents you should bring to your first meeting with a Portland divorce attorney:

Tax Returns

Your tax documents are beneficial in proving your income and financial situation, as well as your spouse’s. Be sure to bring at least the previous year’s tax returns, but bring two years of tax returns if possible.

Showing these documents will give your attorney a good idea of your finances. These documents will come into play if you and your spouse need to figure out payments like alimony and child support. And don’t forget to include W2s or 1099s.

Proof of Income

In addition to tax returns, bring other documents that showcase your income and your spouse’s. It will be helpful to your attorney to have the last three pay stubs for you and your spouse. Tax returns are crucial for demonstrating your income and finances, but pay stubs provide a more thorough breakdown, such as hours worked, rate of pay, and any bonuses or overtime.

Bank Accounts

Protecting your finances is one of the reasons you should meet with an attorney before officially filing for divorce. In many cases, it is also why you should consult with legal services before breaking the news to your spouse.

If you have assets you want to protect and are worried your spouse will try to hide them and any accounts; it’ll help to provide your attorney with the documented proof before taking any action.

Debts

You’ll need to bring documentation on all debts, including credit card debts and different kinds of loans, from car to student loans. Again, giving your attorney a complete picture of your financial situation as soon as possible is imperative. An experienced divorce attorney will also help you determine which debts are shared and which are solely yours or your spouse’s.

Types of Agreements

Not everyone has a prenuptial agreement, but if you signed one before getting married, it will surely come into play as you divorce. Show the contract and documents to an attorney, so they can determine what is and is not enforceable.

It’s a brilliant idea to consult an attorney before asking your spouse for a divorce. If you’ve been separated for some time or separation was already in the works, let your attorney know. If you have a separation agreement, bring those documents to your meeting. If you don’t have one, your attorney can help draft this agreement.

Mortgages or Deeds

Property division will usually come up in divorces. If you own property, bring the documents with information about any mortgages, deeds, titles, etc. Include any statements of monthly payments.

Investments and Retirement Accounts

Letting your attorney know about these accounts ahead of time helps to best divide them. If not divided properly, you may be subject to tax penalties. This can include IRAs, 401ks, or 403bs.

Medical Records

Do you or your spouse have any medical conditions that may influence a divorce case’s outcome? Are there medical conditions, mental health concerns, or debilitating illnesses that would affect one’s ability to parent? If so, bring along documents showcasing this in addition to the financial records. You will want to give a complete picture of your marriage and any details that could come into play and impact a settlement.

Significant Messages and Exchanges

If any records of specific interactions may help your case, including emails, text messages, and social media interactions, be sure to bring them. Bring along documentation of these if there’s any information enclosed that you think would be important.

While these are sometimes included because of inflammatory statements, they are also helpful in providing a snapshot of how you and your spouse communicate. Also, be upfront about any text message conversation or other interaction where you came off poorly. Trying to hide those won’t do you any favors. If you provide the information to your attorney ahead of time, they can help you figure out how to handle it. If not, you could be caught off-guard when your spouse brings this up.

Criminal Records

A criminal record is a very serious factor that your attorney should be aware of as soon as possible. Criminal records are important if your spouse has been abusive, if you ever had to file a restraining order against them, or if your spouse has been arrested or charged for something else.

A criminal record is one factor that can be incredibly important for determining child custody.

Additional Documentation

If you have any calendars or journals that have important information on them, bring those in as well. They may not be official documents, but they can provide proof to back up your side.

Any Important Inquires

Another important thing to remember is to use this meeting to ask any questions. Remember, these meetings are protected by the attorney-client privilege. Divorce is a personal process, but don’t hesitate to ask any questions you may have.

It is probably wise to look through a series of frequently asked questions before the meeting, so that you’ve covered the basics. Divorce attorneys are experts in this field, but more than likely, you haven’t had to go through this legal process before. So, it’s understandable that you won’t know everything by your first meeting. Don’t hesitate to continue asking questions to your attorney after this first meeting as well.

You can find more information on our Portland divorce attorneys by visiting our firm’s website at Warren Allen LLP. We’ve provided excellent legal services to the area for decades, and our experience and expertise will help your case find the most favorable outcome possible.

What Information Does My Personal Injury Attorney Need From Me?

What Information Does My Personal Injury Attorney Need From Me?

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

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

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

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

Why Choose a Personal Injury Attorney?

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

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

Provide Your Attorney All Incident Reports or Law Enforcement Reports

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

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

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

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

Take Pictures and Send Them to Your Legal Team

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

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

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

Keep a Recovery Journal and Provide a Copy to Your Attorney

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

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

Provide Any Bills and Any Insurance Information

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

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

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

When to Contact a Medical Malpractice Attorney

When to Contact a Medical Malpractice Attorney

Written by George McCoy on . Posted in Medical Malpractice. No Comments on When to Contact a Medical Malpractice Attorney

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

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

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

What Is Medical Malpractice?

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

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

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

What Are Common Types of Medical Malpractice?

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

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

When Should You Contact a Medical Malpractice Attorney?

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

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

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

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

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

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

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

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

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

5 Factors That Matter in a Strong Personal Injury Claim

5 Factors That Matter in a Strong Personal Injury Claim

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

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

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

Liability

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

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

Damages

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

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

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

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

Causation

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

Timing

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

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

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

Legal Representation

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

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

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

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