Call us: 503-255-8795

Tag: Personal Injury Attorney

What Factors Should I Consider When Hiring Attorneys in Portland?

How do you find the right attorney when you need legal advice or representation? Your first step might be to ask family, friends, neighbors, and coworkers for recommendations. First-hand experience with a law firm or attorney can provide valuable information about how they approach cases, treat clients, communicate, and more. 

You might also do a quick internet search to see what attorneys are in your area. It’s important to find a local law firm for a few reasons. Since laws vary from state to state and in different jurisdictions, a local firm will be the most familiar with the laws and local court system that might affect your case. Secondly, depending on the type and complexity of your case, you might need to consult with their team more than once, which will be easier with a local attorney. 

If you’re looking for attorneys in Portland, Oregon, for instance, the expert team at Warren Allen, LLP, has a wealth of experience representing clients across Washington and Oregon in a range of legal areas. Specialties include personal injury, family law, landlords’ rights, condominiums, estate planning and probate, and wildfire recovery.

Besides location, though, there are several other factors to consider when hiring attorneys in Portland or any other city. The following guide outlines some things to think about in your search.

Area of Expertise

First and foremost, you want an attorney familiar with your type of case. When attorneys specialize in a particular area of law, they are better equipped to provide sound legal advice and represent you in court should that become necessary. Familiarity with your type of case ensures the attorney can:

  • Develop effective legal strategies. They stay updated on changes in the related laws and are familiar with relevant case precedents and rulings, so they know what approach works best, what type of evidence is needed, etc.
  • Capitalize on established relationships. They will likely have established relationships with judges, other attorneys, and experts in the area who can help with your case. For example, in personal injury cases, you need an expert to establish negligence, gather evidence, and assess damages.
  • Work efficiently and confidently. Because these attorneys have already spent a lot of time working with similar cases, they won’t need extra research time, which will be more cost-effective for you. Knowing what paperwork is needed and which steps you need to take can also significantly reduce the risk of missing important deadlines or leaving out pertinent information.

Level of Experience and Reputation

Of course, you would like an experienced attorney with a high success rate, but how can you check? The first step is to contact your state’s bar association or use their online search function to verify the attorney’s credentials. Their online entry should also indicate whether they have faced any disciplinary actions or if there have been complaints filed against them. State bar associations should also have information about the attorney’s track record of cases.

You can also ask the attorney for references or case studies from some of their previous clients. These references can help you gauge client satisfaction and success rate. Read any reviews or testimonials you can find online. Do they have a good reputation?

Professionalism

Another important factor to consider is the level of professionalism of the attorney and the law firm. You want to feel confident that you and your case are in capable hands. When a law office, the attorney, or their team is disorganized, chaotic, or perpetually late, they will likely handle your case the same way. 

Communication

Maintaining professionalism in communication covers a few different areas. When you call or email, do they answer quickly, or do you have to follow up on communication attempts to get a response? Do they listen to you and answer your questions, or are they dismissive? Are they clear in their communication, or do they use many legal terms you might need help understanding? Do they seem genuinely interested in your welfare and your case?

Another thing that communication might clarify is whether or not the attorney has the time and resources to dedicate to your case and focus on your needs. Even if their communication is professional, delays in responses indicate that your attorney is very busy with a heavy workload and may be unable to give your case the necessary attention for success.

Presentation

If your attorney might eventually represent you in court, you want them to have a professional appearance and presentation, which will inspire confidence. You can begin to gauge their level of professionalism by looking at their website and office. Do they have typos on their website? Is the office messy or dirty? Are they dressed appropriately for a business atmosphere? 

Although these issues might be minor, they can give you a better sense overall of how seriously the attorney takes their job and, in turn, how much effort they will put toward your case.

Fee Structure

Some attorneys charge by the hour. Others work on a contingency fee basis, meaning you are only required to pay them if you win the case. Some charge flat fees for specific services. Discuss fees upfront and make sure you have a clear understanding of the billing structure. A good rule of thumb is to avoid any law firm that: 

  • Makes you feel uncomfortable asking questions about the fee structure
  • Cannot provide you with specific information about fees and costs
  • Guarantees you will win your case or will receive a certain amount of financial compensation

Compatibility

Even for a relatively simple case, you will work closely with your attorney and need to trust them. Feeling compatible and comfortable with your attorney is especially important if your case is sensitive (as in many family law or personal injury cases) or complicated. Trust your gut. Considering the above tips, you are in the best position to know whether the attorney you’re consulting with is the right fit for you.

Many reputable law firms offer free initial consultations for potential clients. These consultations are both to make sure you have a strong case and also to allow you to get a feel for the attorney. Take advantage of this service to ask questions and assess your comfort level.

Experienced Attorneys in Portland

Finding the right attorney might take some time. Don’t be afraid to interview multiple candidates before making a final decision. Ultimately, it’s worth the effort to make sure you have the right team on your side. If you are looking for experienced, professional, caring attorneys in Portland and the Pacific Northwest, contact the team at Warren Allen LLP. We would love to discuss your case with you.

Misdiagnosis & Medical Negligence Law: What You Should Know

Medical negligence is a grave concern that affects numerous individuals worldwide. Within the broader scope of medical malpractice, misdiagnosis emerges as a significant issue that can lead to severe consequences for patients. 

This article will explore the complex world of medical negligence law. We will focus on misdiagnosis, its implications, and the options available to individuals who have been harmed by negligent or inattentive medical professionals.

Understanding Medical Negligence and Misdiagnosis

Medical negligence, which falls under the umbrella of medical malpractice, occurs when healthcare professionals deviate from the standard of care expected in their field and thereby harm the patient. Misdiagnosis is a specific form of medical negligence in which a healthcare provider fails to diagnose a medical condition accurately or provides an incorrect diagnosis. This type of malpractice tends not to be malicious.

Misdiagnosis can stem from various factors, including inadequate examination, misinterpretation of test results, failure to order necessary tests or simply human error. Regardless of the cause, the consequences can be severe, leading to delayed or inappropriate treatment, worsening of the patient’s condition, and sometimes irreversible harm.

Legal Implications of Misdiagnosis

When a patient is misdiagnosed, they may have legal recourse under medical negligence law. To establish a case of medical negligence, the plaintiff must generally prove four key elements: the healthcare provider’s duty, any breach of that duty, the causation of harm, and the damages accrued.

In simple terms, this means that the plaintiff and their lawyer must prove that the healthcare provider owed a duty of care to the patient, generally through an agreement to treat a patient who has asked for assistance or treatment. Once this is proven, they must show that the provider failed to meet the standard of care expected of them in the medical field, thus breaching that duty of care and that duty caused direct harm or injury to the patient. 

Once harm is established, one must draw up a list of quantifiable damages, both bodily and financial, that came about specifically due to the stated medical negligence. In the context of misdiagnosis, proving each of these elements can be a complex process, with the need for many things like expert testimony, a showcase of medical records, and a thorough understanding of the specific circumstances surrounding the case. Misdiagnosis as a legally liable branch of medical negligence is uniquely challenging to prove, as all four of the key elements we named above must be provable and verifiable.

Jurisdictions seem to be more receptive towards claims explicitly based on the idea of informed consent, where an individual thought themselves to be informed when giving consent but later found that they were unaware of the specific risks associated with a medical procedure or prescribed drug. The medical professionals who may find themselves guilty of medical malpractice and misdiagnosis include physicians, surgeons, psychiatrists, and dentists, but can also include nurses, midwives, medical assistants, and a wide range of allied health professionals. 

Those who claim to be particularly skilled or specialists will find themselves operating under a higher duty of care based on the acceptable skill level and the idea of informed consent.

Options for Individuals Facing Misdiagnosis

When facing a misdiagnosis, seeking a second opinion from another healthcare professional is often the first step. Different perspectives may provide alternative diagnoses that better fit or alleviate the pain and symptoms of the previous errors. Often, a misdiagnosis can be remedied with a second opinion, and no further steps must be taken. 

Complaints can be filed with the relevant medical board for individuals who believe they have experienced medical negligence past repair of a second opinion. While this might not result in immediate compensation, it can prompt investigations and any necessary disciplinary actions against the healthcare provider. If the wronged individual and the healthcare provider cannot reach an agreement, it may be necessary to file a lawsuit.

Before resorting to a lawsuit, any parties involved may opt for negotiations or mediation to settle the matter outside of court, which can be quicker and less adversarial. Though maliciousness should not be assumed or unassumed, an unintentional but clearly harmful misdiagnosis may find restitution early during these negotiations. 

If negotiations fail, individuals may pursue a medical malpractice lawsuit with the help of the experts at Warren Allen Attorneys at Law. If necessary, this process would involve filing a complaint against the responsible healthcare provider or any governing board and seeking compensation for damages such as medical expenses, lost wages, and pain and suffering. 

It is important to find out and keep in mind the statute of limitations, which will vary by jurisdiction or state. Failing to file a lawsuit within the allotted time frame may bar you or the injured individual from seeking compensation for damages, either caused or perceived.

In a successful medical malpractice lawsuit related to misdiagnosis and medical negligence, compensation may be awarded to the plaintiff for a variety of damages. These include reimbursement for medical bills associated with the misdiagnosis and subsequent treatment, any compensation for income lost due to the inability to work caused by the misdiagnosis, and any pain and suffering caused or experienced throughout the misdiagnosis. Damages can be awarded for the physical and emotional distress experienced as a result of the misdiagnosis. If it leads to long-term consequences, compensation may cover future medical expenses.

Misdiagnosis is a distressing experience that can have profound implications for an individual’s health and well-being. Understanding one’s rights and options within the framework of medical negligence law is crucial when seeking justice and compensation for the harm caused by a healthcare provider’s negligence. By knowing the available legal avenues and utilizing the resources of accomplished law firms like our team here at Warren Allen LLP, individuals can navigate the complex terrain of medical malpractice and work towards holding accountable those responsible for misdiagnosis. Call us, and let us walk you through the process of filing your medical negligence case.

How Do You Know Who’s At Fault in a Car Accident in Oregon?

Getting into a car accident is never a pleasant experience, and when it happens in Oregon, understanding the nuances of determining fault becomes crucial. Oregon follows a no-fault insurance system and at first glance, that system may seem straightforward. However, the intricacies of this system, coupled with exceptions and legal considerations, demand a closer examination. 

This article will break down the fault determination process in Oregon car accidents, shedding light on the state’s no-fault system and the pivotal role of a Portland personal injury lawyer.

The Basics of Oregon’s No-Fault System

The no-fault system in Oregon operates on the fundamental principle that each party involved in a car accident is responsible for their own injuries and damages, regardless of who caused the accident. This particular approach is designed to simplify the claims process, with each driver’s insurance covering their related medical expenses and losses. 

However, this is not a one-size-fits-all scenario, as there are exceptions to the no-fault rule.

Exceptions to the no-fault system come into play when medical expenses exceed a predefined threshold or when injuries are deemed severe. An injured party may be eligible to pursue a claim against the at-fault driver in such cases. At this point, it is in their best interest to contact a lawyer like Warren Allen LLP and schedule a free consultation with one of our Portland personal injury lawyers.

These exceptions acknowledge the limitations of a strict, no-fault approach and ensure that individuals with significant damages have avenues for appropriate compensation.

Deciphering Fault In Oregon Auto Accidents

Understanding the foundations of fault determination is crucial for those navigating the aftermath of a car accident in Oregon. Thre are several factors that come into play with fault determination: 

  • Foundations In Traffic Laws: The cornerstone of finding fault lies in carefully examining Oregon’s traffic laws and regulations. Rules regarding speed limits, right-of-way, and other traffic norms provide the framework for assessing liability. If any party involved in the accident violated these regulations, it can become a critical factor in determining fault.
  • Role Of Police Reports & Witness Statements: Law enforcement officers play a pivotal role in the post-accident scenario by creating detailed reports. These reports encompass the officer’s observations, statements from involved parties, and any observed violations of traffic laws. Additionally, witness statements can either corroborate or challenge the events leading up to the collision. The combination of police reports and witness statements aids in constructing an accurate narrative of the accident.
  • Insurance Adjuster Investigations: Insurance adjusters undertake thorough investigations to determine fault, utilizing resources such as police reports and witness statements. However, individuals involved in an accident must approach these investigations cautiously, recognizing the potential for biases. Seeking guidance from a Portland personal injury lawyer at Warren Allen, LLP will provide valuable assistance in navigating these complexities.
  • The Crucial Role Of A Portland Personal Injury Lawyer: The legal professionals at Warren Allen specialize in deciphering the nuances of Oregon’s no-fault system, ensuring that individuals receive fair compensation for their losses. A Portland personal injury lawyer emerges as an indispensable asset in the intricate landscape of fault determination.

Warren Allen LLC’s Portland personal injury lawyers serve as seasoned guides, steering clients through the legal complexities associated with fault determination. Their expertise in understanding the intricacies of Oregon’s no-fault system is instrumental in ensuring that individuals are treated fairly in the aftermath of an accident.

Assessing Damages & Negotiating Compensation

Beyond navigating legal complexities, Portland personal injury lawyers play a crucial role in assessing the full extent of damages incurred by their clients. From medical expenses to property damage, these attorneys meticulously quantify losses, enabling them to negotiate with insurance companies effectively and secure just compensation for their clients.

While the no-fault system streamlines the claims process, exceptions allow for litigation against the at-fault driver. In such scenarios, a Portland personal injury lawyer becomes an advocate, building a compelling case to demonstrate the opposing party’s liability. Their expertise in litigation ensures that clients receive due compensation for the damages suffered.

Prompt Reporting & Documentation

Prompt reporting of the accident to law enforcement and insurance companies is crucial. Documenting the scene through photographs and collecting witness contact information provides essential evidence for fault determination and subsequent claims. 

Avoid Statements That Admit Fault

In the aftermath of an accident, individuals should exercise caution and refrain from making statements that may be construed as admissions of fault. Consulting with a Portland personal injury lawyer before providing statements to insurance companies is a prudent step to safeguard legal interests.

Securing Legal Representation Early

Engaging the services of a Portland personal injury lawyer early in the process significantly influences the trajectory of a case. These attorneys bring a wealth of experience to the table, ensuring that clients’ rights are protected and that they receive fair compensation for their damages.

In conclusion, determining fault in a car accident in Oregon involves a comprehensive understanding of the state’s unique no-fault system. From traffic laws and police reports to the indispensable role of a Portland personal injury lawyer, various factors contribute to this intricate process. By adhering to best practices, promptly reporting accidents, and securing legal representation when needed, individuals can navigate the aftermath with greater clarity and confidence.

The expertise of a Portland personal injury lawyer emerges as a crucial asset in unraveling the legal complexities and ensuring a fair resolution for those affected. As individuals seek to recover from the physical, emotional, and financial toll of an auto accident, the guidance of a Portland personal injury lawyer becomes paramount, providing a sense of justice and a pathway to fair compensation. With the right approach and support, individuals can navigate the complexities of fault determination and emerge with a fair resolution in the aftermath of a car accident in Oregon. If you’ve been in an accident and need legal help, reach out to us at Warren Allen today.

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.

Choosing the Right Personal Injury Lawyer for Your Case

It can be a frightening place to be when you or a loved one are hurt, and then you have to navigate a legal case on top of the healing process. How do you know when to get a personal injury lawyer involved and how to pick the right one when you do? For many, legal issues can be daunting.

Here at Warren Allen LLP, Attorney at Law, we know Oregon personal injury law better than anyone, and we want to help you feel confident when hiring your personal injury lawyer. We have compiled some excellent tips on choosing the right personal injury lawyer for your case.

When Do You Need a Personal Injury Lawyer?

If you have been injured because of someone else’s negligence or wrongful actions, you might struggle with financial difficulties caused by missed work and medical expenses. Recovering compensation for these damages can be challenging, but a personal injury attorney can provide valuable assistance.

Personal injury attorneys handle a range of cases, including car accidents, slips and falls, medical malpractice, workplace injuries, product defects, dog bites, wrongful deaths, and nursing home abuse. They possess the necessary expertise to navigate legal procedures, gather evidence, negotiate with insurance companies, and represent clients in court to secure the compensation they deserve for their injuries and losses.

What To Look For

Look for References

When you hire a professional to do a job for you, you should look at their references and track record. Finding the right lawyer is not an exception. Many people have worked with a personal injury lawyer, so ask family, friends, and coworkers.

Both good and bad experiences can be helpful, but any good experiences will help you build a list of which lawyers to research further. You can also check sites like Martindale for peer reviews of law firms and individual lawyers.

When looking for a lawyer to handle your personal injury case, it is also good to consider their place of business. It’s a good practice to select a lawyer who operates from a professional office, as personal injury cases can be complex and require meeting numerous deadlines. A professional office indicates that the lawyer has efficient processes in place to handle their workload.

A messy office won’t necessarily mean they are a bad lawyer; many attorneys have piles of files in their offices. However, your lawyer should be punctual for meetings and quickly respond to your inquiries.

Experience

You want to make sure that you are working with someone with experience in personal injury law and who has successfully gone to trial. Having an experienced expert in Oregon personal injury law can relieve you of the stress of handling your own case and ensure you get all you are owed.

The liable party will often try and settle outside of court for much less. Ultimately, it is up to you to decide if the settlement is what you deserve. With an experienced lawyer on your side, they can help you navigate this tricky world and help you take your case to trial.

Finding someone with a track record of successful negotiations and litigation is also important. While most cases are settled out of court, having an attorney with experience taking cases to a jury verdict is important. In order to assess their success rate, you can ask the attorney directly. If they do not provide this information when requested, it may be a sign that their success rate is not high.

Working on Contingency

It can be a lot to handle when healing and working to get your case to trial. If you have been injured and need legal assistance but are not working or earning income, the cost of a lawyer can be concerning. Typically, lawyers charge hundreds of dollars per hour for their services, which may be beyond your budget.

However, there is good news: many personal injury lawyers work on a contingency basis, meaning they will take payment once you receive the payout from your case. The contingency fee is usually 40% or less of the final settlement amount. You want to seek out a lawyer who charges within this range. The best lawyers will include legal fees in the final settlement to ensure you receive the maximum compensation possible.

When starting your search for a lawyer, ask for a consultation with those who have passed your initial research. Most personal injury lawyers should offer free consultations. During an initial consultation, a possible client will meet with a lawyer to assess the strengths of their personal injury case and see if the lawyer and client can work together.

Communication

Especially when it comes to a personal injury case, communicating effectively with your lawyer is important for the best outcome. You must ensure they listen to your concerns and explain concepts clearly to give you confidence that your input will be considered before any significant decisions are made. Your satisfaction with their approach will depend on their willingness to understand your perspective, and their ability to explain the progress of your case will help you make informed decisions. Effective communication can also reduce the stress of the process. Having a good rapport with your personal injury attorney means they should respond to your inquiries, clarify things in a way that’s easy for you to understand, and have your best interests at heart.

If you need legal representation for personal injury, it’s important to consider several factors when choosing the right lawyer. Knowing what to look for can simplify the process.

At Warren Allen LLC, we have specialists in Oregon personal injury law and are dedicated to assisting you every step of the way. If you or a loved one requires legal representation, do not hesitate to contact us. We will work tirelessly to ensure that your rights are protected, and that you receive the compassionate care you deserve.

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 Does Pacific Northwest Family Law Include?

Family law encompasses a complex web of legal issues that can arise within familial relationships. It is a crucial branch of law that provides a framework for resolving conflicts and establishing rights and responsibilities among family members.

In the Pacific Northwest, which includes states like Washington, Oregon, Idaho, and Alaska, family law addresses various matters affecting individuals and families. This article delves into the realm of Pacific Northwest family law, highlighting the key legal services that fall under its purview.

Pacific Northwest Family Law

Family law in the Pacific Northwest is a multifaceted area of legal practice that revolves around domestic relationships, marriage, divorce, child custody, adoption, and more. Its primary focus is safeguarding individuals’ well-being and rights within the context of family dynamics.

Marriage and Divorce

One of the cornerstone aspects of family law involves marriage and divorce. Attorneys specializing in Pacific Northwest family law assist couples in navigating the legal intricacies of marriage, including prenuptial agreements, property division, and spousal support. When marriages break down, family law attorneys guide individuals through the divorce process, helping them reach equitable settlements while addressing matters such as child custody, visitation, and child support. These cases involve the dissolution of a marital union, dividing assets and liabilities, establishing child custody arrangements, and determining alimony or spousal support.

In the Pacific Northwest, divorces are subject to specific state laws that outline the procedures and requirements for ending a marriage. Attorneys specializing in family law in this region help clients navigate the often emotional and intricate divorce process while ensuring their rights and interests are protected.

Child Custody and Visitation

Child custody disputes can be emotionally charged and legally complex, forming a significant portion of Pacific Northwest family law cases. Whether arising from divorce, separation, or disputes between unmarried parents, these cases center on determining the child’s best interests. Family law attorneys work tirelessly to secure custody arrangements that promote the child’s welfare, advocating for joint or sole custody based on the circumstances.

They also aid in establishing child support orders to ensure financial stability for the child’s upbringing. Visitation arrangements, or parenting plans, are essential components of child custody cases. These arrangements outline when and how non-custodial parents can spend time with their children. Family law professionals work closely with clients to develop custody and visitation arrangements that prioritize the child’s best interests while considering the family’s unique circumstances.

Child and Spousal Support

Child support and spousal support (often referred to as alimony) are financial obligations that may arise after a divorce or separation. Pacific Northwest family law establishes guidelines for calculating these payments, ensuring that they are fair and in line with the financial needs of the recipients and the means of the payers. These calculations take into account factors such as income, employment status, and the needs of the dependents.

Attorneys specializing in family law will assist clients in negotiating and enforcing support orders, guaranteeing that financial responsibilities are met.

Adoption and Guardianship

Adoption and guardianship proceedings are another significant facet of Pacific Northwest family law. Prospective parents looking to adopt must navigate a legal process that varies depending on the adoption type, whether agency-based, private, international, or step-parent adoption. Family law attorneys help clients understand the requirements, rights, and responsibilities of adopting a child, ensuring the process is completed smoothly and ethically.

Guardianship cases involve individuals who take legal responsibility for minors who are not their biological children. These cases often arise when parents are unable to care for their children due to various reasons, and family law professionals aid in establishing legal guardianship arrangements that protect the child’s well-being.

Domestic Violence and Restraining Orders

Protection against domestic violence is a critical aspect of Pacific Northwest family law. Attorneys specializing in this area work with victims to safeguard their physical and emotional well-being. Victims of domestic violence can seek protection through restraining orders or protection orders that legally prevent their abusers from contacting or approaching them.

These orders can include provisions related to child custody and visitation and can provide essential relief and a sense of security for individuals facing abusive situations. Family law attorneys assist victims in obtaining the necessary legal protection and help them navigate the legal system to ensure their safety.

Property Division and Alimony

In cases of divorce or separation, the division of marital property and the determination of alimony (spousal support) are integral components of Pacific Northwest family law. Attorneys guide their clients through the equitable distribution of assets, ensuring that both parties’ financial rights are upheld.

Mediation and Alternative Dispute Resolution

Mediation and alternative dispute resolution (ADR) methods play a vital role in Pacific Northwest family law cases. These processes offer an opportunity for parties to negotiate and settle disputes outside of court, reducing stress, time, and costs. Family law attorneys skilled in mediation facilitate productive conversations between parties, aiming to reach mutually agreeable resolutions in matters such as child custody, support, and property division.

Paternity and Parentage

Establishing paternity or parentage is another essential aspect of Pacific Northwest family law. Attorneys assist clients in cases where the biological parentage of a child is in question, helping determine parental rights and responsibilities, including child custody and support obligations.

Pacific Northwest family law encompasses a wide array of legal services aimed at preserving the welfare and rights of individuals within familial relationships. Whether dealing with marriage, divorce, child custody, adoption, domestic violence, property division, or other matters, family law attorneys in the region play a crucial role in guiding their clients through complex legal processes. With an emphasis on mediation, alternative dispute resolution, and the child’s best interests, Warren Allen LLP offers Pacific Northwest family law that strives to create a framework that ensures fairness and stability for families during times of harmony and discord.

What Can a Personal Injury Lawyer in Portland Do for Me?

Accidents happen when we least expect them, and the aftermath can be overwhelming. Dealing with injuries, medical bills, and the stress of navigating the legal system can be daunting, especially if you’re not familiar with the intricacies of personal injury law. That’s where a personal injury lawyer in Portland can be your strongest ally. In this article, we will explore how these legal professionals can assist you in handling your personal injury case and securing the compensation you deserve.

Legal Expertise and Guidance

A personal injury lawyer is a legal professional with specialized knowledge and experience in handling cases related to personal injuries. They are well-versed in the laws and regulations specific to Portland, Oregon, and have a deep understanding of how the legal system works in personal injury cases. By hiring a seasoned personal injury attorney, you gain access to their expertise and guidance, which is crucial for navigating the complexities of your case.

Case Evaluation and Investigation

One of the initial steps a personal injury lawyer will take is to evaluate your case. They will carefully review the circumstances surrounding your accident, collect evidence, and assess the extent of your injuries. This thorough investigation is essential for building a solid case and determining the parties responsible for your damages. Gathering evidence, such as medical records, accident reports, and witness statements, can significantly impact the outcome of your claim.

Expert Handling of Insurance Companies

Insurance companies are known for their tactics to minimize payouts to injury victims. When dealing with the aftermath of an accident, you may need to be in a better position to negotiate with these companies effectively. A skilled personal injury lawyer knows how to handle insurance adjusters and will advocate on your behalf to ensure you receive fair compensation for your injuries, damages, and losses.

Accurate Calculation of Damages

Determining the actual value of your personal injury claim can be a complex task. There are various types of damages you may be entitled to, including medical expenses, lost wages, pain and suffering, and future medical costs. A personal injury lawyer has the experience to accurately calculate the total damages you have suffered and will seek compensation accordingly.

Legal Representation in Court

While many personal injury cases are settled outside of court, some disputes may require litigation. A personal injury lawyer will be prepared to represent you in court if a fair settlement cannot be reached with the responsible party. Their courtroom experience and advocacy skills will protect your rights and ensure you have the best chance of a favorable verdict. The steps of a settlement that a personal injury lawyer in Portland will take for you include preparation for a trial, filing the lawsuit itself, the discovery phase (where each party will gather evidence for the case), pre-trial motions to dismiss specific evidence, and the courtroom representation itself. This will include their expert coverage of cross-examination and defense, the post-trial proceedings, or any settlement reached during the process.

Contingency Fee Arrangement

One of the most significant advantages of hiring a personal injury lawyer in Portland is the typical contingency fee arrangement. This means you do not have to pay any upfront fees for legal services. Instead, your attorney will only receive payment if they successfully secure compensation for you. This arrangement allows access to quality legal representation for individuals who may need more financial means to pay for legal services upfront.

Focus on Your Recovery

Dealing with a personal injury case can be time-consuming and emotionally draining. When you have a personal injury lawyer handling the legal aspects of your case, you can focus on your recovery and well-being. Knowing that a dedicated legal professional is fighting for your rights can provide much-needed peace of mind during a challenging time.

Settlement Negotiation Skills

Personal injury lawyers are skilled negotiators. They understand the tactics used by insurance companies and the strategies required to secure a fair settlement. By enlisting the help of a lawyer, you increase the likelihood of obtaining a settlement that adequately compensates you for your injuries and losses.

Trial Experience

In the event that your case does go to trial, having an experienced personal injury lawyer by your side is invaluable. Trial proceedings can be complex, and having a lawyer familiar with courtroom procedures and a successful track record in litigation will greatly benefit your case.

Each courtroom has its own unique dynamics and protocols. Experienced personal injury lawyers are familiar with the intricacies of the courtrooms in Portland, where they have likely handled previous cases. They understand how to navigate the courtroom environment, interact with court personnel, and conduct themselves professionally, contributing to a smoother trial process.

Trials are dynamic and unpredictable, and unexpected situations may arise during the proceedings. An experienced personal injury lawyer is well-versed in handling unforeseen challenges and can quickly adjust their strategies to counter any unexpected developments.

Alternative Dispute Resolution

Besides going to trial, a personal injury lawyer can explore alternative dispute resolution methods, such as mediation or arbitration. These methods can be less time-consuming and costly than a full trial and may lead to a satisfactory resolution for all parties involved.

Hiring a personal injury lawyer can significantly benefit your case if you’ve sustained a personal injury in Portland. And no one in Portland will fight for you like the attorneys at Warren Allen Attorneys at Law. From providing legal expertise and guidance to negotiating with insurance companies and representing you in court, we will fight for your rights and work tirelessly to secure the compensation you deserve.

With our help, you can focus on your recovery while knowing you have a skilled advocate working on your behalf. Remember that the statutes of limitations apply to personal injury cases, so it’s essential to consult with a personal injury lawyer as soon as possible to protect your rights and pursue your claim effectively.

What Happens After You Hire a Personal Injury Lawyer?

Have you hired a Portland personal injury attorney and are wondering what happens next? Warren Allen LLP will explain what to expect. On the other hand, if you have not yet hired a personal injury attorney, be sure to do your research and schedule an initial consultation first. Once you have your consultation scheduled, come back and review these steps so you know what questions to ask.

From initially retaining a personal injury attorney to case resolution, Warren Allen LLP will take the guesswork out of the experience so you can be as prepared as possible.

Collect Documentation

A personal injury attorney has to first be able to make your case for why the liable party is at fault and why you should be justly compensated for your injury. To do this, your attorney will need all the relevant evidence and documentation that you’ve collected about your injury.

For instance, if you’ve collected witness contact information or photos of the injury scene, you should turn those over to your attorney. You should also describe what happened in as much written detail as possible. If you’ve taken notes about your symptoms or medical visits, you should hand those over to your attorney as well.

As your case progresses, continue to keep notes about your medical visits, prescribed treatment plans, and any injury-related symptoms. Be sure to follow all of your doctor’s orders as you seek treatment. If you fail to do so and your injury worsens, you could be viewed as negligible and even perceived to be responsible for your deteriorating condition.

Everything related to your injury, regardless of how large or small, should be disclosed to your attorney. It may seem relatively insignificant to you, but it could have major importance to your case. For instance, if you get calls from the other party’s insurance adjuster, be sure to disclose that to your attorney and seek their counsel before speaking with anyone about your case.

Serve Notice

Once your personal injury attorney has all the relevant documentation, they will serve notice of your intent to pursue civil action to all the parties involved in the case. In fact, once the liable party’s insurance company receives notice that you have retained representation, they should not reach out to you going forward. If anyone reaches out to you regarding your case, direct them to speak with your legal counsel and notify your attorney right away.

Serving notice does not necessarily mean that the case will proceed to litigation. In fact, many people seek to avoid litigation altogether. Serving notice to the liable party simply starts the process so that both sides can begin negotiating a settlement.

Investigate the Case

Your attorney will then get to work on your personal injury claim in order to build the strongest case possible. For example, if you’ve provided witness contact information, your attorney will reach out to them to gather statements about what they saw or heard at the time of your injury. In some instances, your attorney may return to the scene to take photos and notes about where the injury occurred. Depending on the circumstances, your attorney may also hire a private investigator.

Attempt to Settle

Before your case goes through the formal legal process, your personal injury attorney will attempt to initiate settlement talks. Be prepared for this to be a somewhat lengthy process. Some settlement talks can take up to two years. It may take more or less time depending on the extent of your injury and the specifics of your particular situation. Oftentimes, a personal injury attorney will need to wait until the full scope of your injury is understood before accepting any settlement offers.

Your attorney will work to negotiate a settlement that’s fair and acceptable to you. Once a settlement offer is received, your attorney will notify you of the settlement terms so you can decide whether or not to accept the offer. Your attorney will explain whether the offer is fair and what your options are. Your attorney should also discuss the risks of proceeding to trial. Ultimately, you will need to decide whether to accept the settlement terms or reject the offer and proceed with filing a lawsuit.

File Suit

If you reject the settlement offer, you may need to sue for damages. When you decide to move forward with a lawsuit, your attorney will file a complaint with the court. Following the initial filing, there will be a pretrial discovery process during which both sides turn over evidence to the other.

As your case works its way through the legal system, there may still be an opportunity to settle outside court. For instance, both parties may agree to mediation. If so, a third party will attempt to reach an agreement that is suitable to both parties in a last attempt to settle the matter before it goes to trial.

The overwhelming majority of cases settle outside the courtroom. However, if settlement and mediation attempts are unsuccessful, you may have to proceed to a civil trial. If you decide to go this route, Warren Allen LLP has a skilled team of litigators who will fight on your behalf and diligently work to try to secure a favorable outcome.

If you need a Portland personal injury attorney, Warren Allen LLP serves the entire Pacific Northwest region. You can book a consultation with us so we can learn about your particular situation and provide you an honest evaluation of your case. We can also answer any specific questions you have about the personal injury claim process.

Recovering from an injury can be extremely difficult all on its own. That’s why we feel you shouldn’t have to navigate the legal process by yourself. We’ll be your advocates, by your side fighting for your interests throughout the process. We’ll explain your options and guide you through each stage of your personal injury claim with expertise and compassion.

If you want a skilled team to fight for the compensation you deserve, Warren Allen LLP will devote significant time, energy, and resources to your case. That way you can focus on what’s most important- your recovery.

How Do I Negotiate a Personal Injury Settlement With an Insurance Company?

When you’ve been injured in a car crash or accident, you are entitled to financial compensation to cover your losses. In order to receive that, you will need to negotiate a settlement with an insurance company. You shouldn’t have to take that on alone, especially when you already have recovery to focus on. Thankfully, having an attorney in your corner will be a huge advantage.

Read on below to find out more about how an attorney can help with negotiating a personal injury settlement:

What Is the First Step Toward Negotiating a Personal Injury Settlement?

Before filing a claim, you should gather as much information about the accident as possible. There should be some important details within the accident report, and you’ll want to confirm that the date, location, and time are all correct.

You’ll also need to have information about the other parties, including the driver who was at fault. Most significant is their insurance information, as that’s where you’ll file your claim. You should also gather the contact information of witnesses and anyone else involved.

As for yourself, make sure to include details and evidence of the injuries you sustained in the accident. This can include medical bills and photos, but make sure these are copies; you should keep the originals for yourself.

How Do I Start Trying to Receive a Personal Injury Settlement?

To get the ball rolling, you would file a claim with the insurance company. If you want to receive the highest settlement possible, you should have an attorney at this point. They’ll take care of filing a claim on your behalf.

A personal injury attorney will make sure your demand letter is written to be as convincing as possible. This letter will state your requested settlement amount. Your lawyer will send this along with all the necessary supporting documents. Because of their experience with these matters, you’ll be assured everything was done correctly.

How Do I Decide the Requested Settlement Amount?

Work with an attorney to decide how much your case is worth. Every accident is different, so the attorney would have to review and evaluate the details before coming up with an estimate. Typically, you will discuss how it breaks down into special damages versus general damages.

Special damages are more objective items. These are the medical bills, any lost wages, and other expenses. You’ll already have the paperwork on hand to crunch those numbers.

General damages can be difficult to discuss. Instead of objective numbers, this category refers to the non-economic damage from the accident. How the accident has impacted your life, and the pain and suffering it caused you. Throughout the negotiation process, your attorney will make sure the emotional damage you’ve suffered never gets overlooked.

These numbers aren’t set in stone, as things are set to change throughout the negotiation process. But it’s good to have a general idea.

How Long Do I Have to File for a Personal Injury Settlement?

Though the exact time may depend on individual circumstances, there are some general timelines in the Pacific Northwest region. In Oregon, you have two years but inWashington, you have three. In both cases, that clock begins after the date of loss or discovery of loss.

How Will the Insurance Company Respond?

At first, you should expect to receive a reservation of rights letter. This is an acknowledgment that they’ve received your claim and will review it. You should keep this on file, as it will include your claim number and the adjuster’s contact information. This letter does not guarantee that the insurer won’t deny it.

How Do I Respond to the Insurance Company’s First Settlement Offer?

It’s advised not to jump at the first offer you get. Expect the insurance company to offer the smallest amount possible, and they’ll try to justify the low amount by arguing that you’re asking too much or that you haven’t provided enough evidence. A personal injury attorney will back you up and ensure that you receive what you actually deserve.

How Do I Successfully Negotiate a Settlement?

Before it officially starts, an attorney will make sure you understand exactly how the settlement process works. The insurance company will have its own lawyers, who will try to trick and intimidate you. Therefore, you shouldn’t go into a negotiation like this on your own.

Obviously, you would hope to receive the exact amount you requested, or even a bit more. At this time, you can also discuss the minimum amount you’d accept. While you should prepare not to get everything you want, you should also go in feeling confident and strong. Have faith in the evidence you and your attorney have gathered.

The negotiation process will include a lot of back-and-forth with the insurance company. With every offer and counteroffer, your attorney will argue to effectively defend your side. Considering attorneys literally negotiate, argue, and defend for a living, this puts much less pressure on you.

As difficult and intimidating as the negotiations may seem, hiring an attorney instantly gives you an advantage. It shows that you’re serious about receiving the best settlement, and it implies you would be ready to file a lawsuit if the insurance company doesn’t align. In almost every case, they would prefer to settle out of court.

How Do You Reach a Personal Injury Settlement Agreement?

Even when you think you’ve reached an agreement, your attorney will follow up and follow through to ensure everything is settled. They’ll make sure you get everything in writing, and make sure the amount agreed upon is adequate to cover your bills and any future related needs.

Your attorney will also thoroughly review the agreement to make sure you understand and approve it. After all, this settlement agreement is a legal contract with the insurance company.

Here at Warren Allen LLP, our attorneys have experience successfully negotiating personal injury settlements in Portland and the surrounding Pacific Northwest area. You can find more information about our personal injury attorneys and contact us by visiting our website. We look forward to working on your behalf to get the compensation you deserve.