Do I have a case?
If you were injured because of someone else’s negligence, you may have a valid personal injury claim. Common cases include car accidents, motorcycle crashes, pedestrian injuries, boating accidents, and unsafe property conditions. The key question for you to ask yourself is whether your injury was caused by someone else’s fault. If yes, then you are likely to have a case. The best way to know is to speak directly with an attorney who can review the facts of your situation. That is why our firm offers a FREE consultation!
How much does it cost to hire a personal injury lawyer?
While different attorneys or law firms may have varying fee structures, there is no upfront cost to hire most personal injury lawyers. Cases are usually handled on a contingency fee basis (meaning a percentage of the money that is awarded to you), which also means you do not pay attorney fees unless you recover compensation. This is how our firm handles these cases. We are confident in our ability to win for our clients and do not charge a fee unless we win.
How long do I have to file a claim in Oregon?
In most Oregon personal injury cases, the statute of limitations is two years from the date of injury. What does “statute of limitations” mean? It is the time frame that a person has to either resolve their case or file a lawsuit. For example, in a typical car accident in Oregon, an adult victim would have a 2-year statute of limitation. This means the victim would need to either settle their case in those 2 years or file a lawsuit against the at-fault party. In certain cases, such as claims involving government entities, may have much shorter deadlines. Also, claims for minors typically have longer time limits. Knowing the exact statute of limitation on your case is critical to avoid losing your opportunity to seek justice. Speaking with an attorney as soon as possible is essential to protecting your rights.
What if the accident was partly my fault?
Oregon follows a modified comparative negligence rule. You may still recover compensation as long as you were no more than 50% at fault. If you are determined to be more than 50% at fault, you will not receive any compensation. If you are determined to be at fault but no more than 50%, your recovery will be reduced based on your percentage of responsibility. If you want to learn more about this, click here to read our full blog on this topic.
What types of compensation can I recover?
Personal injury cases include car accidents, slip and falls, bicycle accidents, medical malpractice, wrongful deaths, and more. Depending on your case, compensation may include:
- Medical expenses (past, present, and future)
- Lost wages or income and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of Consortium
- Punitive damages (in very specific cases)
- Loss of companionship and society (in wrongful death cases)
Every case is different, and compensation depends on the specific facts involved. That is why it is important to speak with an attorney as soon as possible.
Should I talk to the at-fault driver’s insurance company?
The first thing to know is that you are not obligated to give a recorded statement to the other party’s insurance company. Under some circumstances, like when you want to get your car repaired or get a rental vehicle while your car is in the shop, speaking with the adverse insurance company may be necessary early in the claim process. However, you must always keep in mind that insurance adjusters are trained to minimize payouts. What you say can impact the trajectory of your case. It is often best to speak with an attorney before providing any statements or signing any documents. For more detailed information about this topic, you can read our blog on this HERE.
What if I don’t feel injured right away?
Some injuries, such as concussions, soft-tissue injuries, or spinal injuries, may not be immediately apparent. You should seek medical attention promptly after an accident and document any symptoms as they arise. Not everyone gets injured after a car crash or similar traumatic event, but it’s always a good idea to get checked out by a medical professional soon after the crash to make sure there isn’t a “hidden” injury. It is equally important to seek treatment as soon as symptoms appear. The insurance company will be using any delay or gaps in treatment as evidence you were not injured.
How long does a personal injury case take?
The timeline varies depending on the complexity of the case, the severity of injuries, and whether the case settles or proceeds to litigation. Some cases resolve in months; others may take longer. Our goal is always to move your case forward efficiently while maximizing your financial and physical recovery. Generally, a case can move towards settlement once you have fully recovered from your injuries or reached a point of maximum medical improvement (MMI), meaning your condition is not expected to improve much more from the present condition. Once that happens, settlement can usually be concluded in 2-4 months. If the parties cannot agree on a settlement amount, then the case will likely move forward with arbitration or trial. This can take 1-2 years to conclude. We always work as efficiently and strategically as possible to move your case forward and fight for the justice and compensation you deserve.
Will my case go to trial?
Most personal injury cases settle without going to trial. However, we prepare every case as if it will be tried, which positions us strongly in negotiations. If a fair settlement cannot be reached, we are fully prepared to take your case to court. Also, it is worth noting that most cases that are filed and enter the litigation stage will also likely settle before actually going to trial.
What should I bring to my consultation?
If available, bring:
- Accident or police reports
- Photos or videos
- Medical records or bills
- Insurance information
- Any correspondence with insurance companies
If you don’t have these items yet, don’t worry, we can still help. Our attorneys and support team are experts at obtaining the records necessary to establish, support, and win your case.
How do I get started?
That’s the easy part. Contact our office for a free consultation. We will listen to your story, explain your legal options, and help you decide the best path forward. There is no fee and no obligation.
