Personal Injury Law in Medford, OR

Were you hurt due to another’s negligence in Medford? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Medford, OR can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Medford relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Medford, OR

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Medford 

According to the Oregon Injury Report, motor vehicle accidents alone cause over 1,700 hospitalizations. Unintentional injuries reached 14,570 people who needed immediate medical attention after a personal injury. In addition, a State of the State report from the CDC lists accidents as the 4th leading cause of death. KDRV in Medford reports that the summer months are potentially the deadliest time to drive in the area.

Steps in a Personal Injury Lawsuit in Medford, OR

Once you determine that you wish to proceed forward with a personal injury action in Oregon

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Mediation in Oregon exists to keep cases from lingering in the court system and reach amicable solutions. Some states require that this occur before trial, but only certain counties in the state make this mandatory for disputes worth less than $7,500. While your attorney from Medford can settle at any time, at later stages, those efforts ramp up.

Oregon Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The CDC reports that the average cost of deaths from motor vehicle accidents costs Oregonians over $422 million. Young adults, classified as 20-34-year-olds, took the brunt of the expenses compared to other age groups. When you go to court with a personal injury attorney from Medford, economic and non-economic damages become requested. While the former takes care of direct costs, the latter reimburses you for pain and suffering.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in OR, that means you risk not receiving any compensation at all.

Damage Awards in Oregon

If your Oregon personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Since a ruling by the Oregon Supreme Court, a previous $500,000 cap for personal injury cases no longer applies. Therefore a jury in Medford is not limited in the amount they can award to a plaintiff currently.

Statute of Limitations in Medford, OR Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

If you live in Medford, you have up to two years after the qualifying incident to file a lawsuit. Failing to act within this time may result in giving up your ability to recover damages.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Medford, OR Lawyer

Pursue a personal injury claim in Medford against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Oregon state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!