Personal Injury Law in Portland, OR

Were you hurt due to another’s negligence in Portland? 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 Portland, 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 Portland 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 Portland, 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 Portland 

Accidents or unintentional injuries are the third leading cause of death in Portland according to Multnomah County stats. However, for Oregonians aged 1-44, accidents are the leading cause of death. Falls are not only the leading cause of fatal injuries, they are the leading cause of nonfatal injuries resulting in emergency room visits, according to the City of Portland.

Steps in a Personal Injury Lawsuit in Portland, 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.

After discussions with your attorney, you will file your suit with the Multnomah County Circuit Court. There are four ways to receive compensation in a Portland personal injury case: negotiation, mediation, arbitration and trial. If you file a claim for less than $50,000, you are required to participate in Oregon’s mandatory arbitration program before the trial phase.

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 Oregon Department of Transportation reported that non-fatal car crashes represent over half of all crashes. When seeking compensation for injuries sustained in an auto accident, determining pain and suffering is often done by the multiplier method: multiplying total economic damages by a number between 1 and 5, based on the severity of the injury. However, on average, cases tend to settle for anywhere between $3,000 – $75,000.

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. 

In Oregon, the damage cap in personal injury cases is $500,000. Of note, this cap was recently deemed unconstitutional by the Oregon Supreme Court, thereby upholding a $10.5 million damages award.

Statute of Limitations in Portland, 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.

The statute of limitations for a personal injury suit in Oregon is two years. If you live in Portland, you have only two years from the date of your injury to file a lawsuit in civil court.

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 Portland, OR Lawyer

Pursue a personal injury claim in Portland 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!

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