Archive for the ‘Personal Injury Law’ Category

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Do I Need a Portland Personal Injury Lawyer?

Posted by Sean DuBois on Tuesday, April 22, 2014

It’s a universal dilemma, and one that thousands of Oregon motorists have asked themselves after being injured because of another road user’s negligence: “Do I really need a Portland personal injury lawyer to look after my claim?”

What kind of answer would you expect to receive on an injury attorney’s blog? Well, it may shock you then to hear that the real answer is you may not need to hire a lawyer in some situations. It depends very much on the myriad of details surrounding each individual’s case.

The main reason people elect not to use the services of an attorney is because they simply don’t want to “share” their compensation. Contingency fees (a fee that is charged only if and when you win your case) of 33% are about average, and that might seem like a lot. However, you should also consider the many reasons you should retain the services of a personal injury lawyer. (more…)

Why File a Wrongful Death Lawsuit?

Posted by Sean DuBois on Monday, April 14, 2014

When a terrible accident has claimed the life of a loved one, between the grief that you are struggling with and the care that you have to provide to your family, it is undoubtedly a difficult time for you to even consider thinking about wrongful death lawsuits. However, if you wish to hold the responsible party accountable for their actions and obtain justice for your lost loved one, you have a limited time to do so. In Oregon, surviving family members typically only have three years after the date of the injury that caused the death in order to file wrongful death lawsuits, though sometimes the time limit is much shorter, like a year for cases against public bodies. The sooner that you can contact a personal injury attorney with experience in wrongful death cases, the better it will be for your family and your future.

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What to Do After a Portland Auto Accident Death

Posted by Sean DuBois on Wednesday, April 9, 2014

There is truly nothing worse than the experience of losing a family member. These terrible moments in our lives can be made even worse when we realize that that family member had fallen victim to an accidental death or a wrongful death that was not their fault. If your family member has lost their life due to a Portland auto accident death, or other wrongful or accidental death, then there are certain steps that you will need to take in order to ensure that the responsible party is held accountable for their misconduct and the resulting death of your beloved family member from that misconduct.

Understanding the Wrongful Death Lawsuit

After dealing with the loss of your family member from a Portland auto accident death, you will likely consider embarking on a wrongful death lawsuit against the person responsible for the accident. A wrongful death is one that can be described as when a person loses their life due to the misconduct or negligence of a person, business, or other entity.

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What Should I Do When My PIP Runs Out?

Posted by Sean DuBois on Thursday, April 3, 2014

If youve been injured in an Oregon automobile or some other kind of personal injury accident, you may have to rely on your personal injury protection (PIP) insurance to cover your medical bills until the insurance details are all sorted out. This can become quite stressful for victims and their families, especially if the injuries are severe, which could see the coverage provided by your PIP exhausted in a relative short period of time.

What can you do once your PIP run out? There are a number of steps you can take to ensure continuity of coverage once you have reached the limits of your PIP coverage. Its important to follow these steps carefully, however, to be prepared when the time comes that your PIP no longer takes care of the mounting medical bills. (more…)

Slip and Fall Accident Cases: Staircases

Posted by Sean DuBois on Tuesday, March 11, 2014

Heres the scenario: Youre in someone elses building, either public or private, and youre walking down a flight of stairs. No one else is near you; no one else is involved. Suddenly, you trip and fall, and realize right away youve done some serious damage to yourself. Whos at fault?

This is the question frequently faced by Portland personal injury lawyers when trying to determine liability in staircase accidents. In some cases, the liability is relatively clear, but in others it is less so. Listed below are the factors to take into consideration when determining liability in a staircase accident.

Who or what caused the fall?

Property owners are liable for staircase accidents in pretty much the same way as they would be responsible if visitors to their property were injured in a slip and fall incident. In both slip-and-fall and staircase accidents, liability can be proven if any one of the following can be proven to be true:

  • The person who owns or manages the property caused a spill, worn or torn floor covering or other slippery or dangerous surface underfoot conditions.
  • The owner, manager or even an employee of the property knew about dangerous underfoot conditions but did nothing to remedy those conditions.
  • Even if the owner, manager or employee didnt know about the dangerous surface conditions, if it can be proven that any reasonable person taking care of the property would have discovered the perilous surface and taken remedial action, then liability can be established.

How much are you to blame?

Whenever someone makes a claim against a property owner for a staircase accident, questions will be asked by both the insurance company and, if it gets that far, the courts regarding what is known as your comparative negligence in the case. In other words, how much of the accident (and therefore the injuries sustained) were contributed to by you going where you did and how you did in the moments leading up to the accident?

If your accident was caused by something being spilled or dropped on the stairs, how long before your accident did this occur? Could the owner or manager have been reasonable expected to do anything about it, for example, if the spill happened two minutes before you fell? These are the issues faced by personal injury attorneys in staircase accident cases.

Hidden defects

Up to this point, slip-and-fall and staircase accidents are virtually identical in nature. However, stairs also present additional difficulties, because in many cases, there are flaws in stairs that arent even apparent immediately after an accident. This can involve detailed investigation on your part, and is one of the areas of the case where the help of a good personal injury lawyer can prove invaluable. (more…)

Don’t Want to Go to Trial for a Personal Injury?

Posted by Sean DuBois on Tuesday, March 4, 2014

Many individuals are unclear on the difference between mediation and arbitration in the legal process. Both are alternatives for resolving disputes outside of court; however they are different processes for conflict resolution.

Mediation Defined:

arbitration, mediation, and trial attorneys

An impartial mediator listens to the evidence of each party and then arranges meetings to work toward resolution. Mediators are usually attorneys and use their legal expertise to offer possible compromises and solutions in an attempt to settle the case out of court. (more…)

5 Myths About Personal Injury Debunked

Posted by Sean DuBois on Tuesday, February 25, 2014

Did you ever hear the one about the really decent, honest Portland personal injury attorney?

Stop laughing! A lot of myths have developed over the years about personal injury lawyers, and we’d like to cut through some of them, so please read on. As personal injury lawyers, we know a lot of people are afraid or wary of working with an attorney, but we also know that in many cases, it is the best option for injured people who want to receive fair compensation.

Let’s say you’ve been in a pretty badcar accident, and you’ve suffered an injury. People normally fall victimto five myths about personal injury attorneysthat have been around as long as the insurance companies who perpetuate them. These people don’t contact a personal injury attorney, because they (erroneously) believe:

  1. The insurance companies will treat them fairly. Now there’s a myth! Insurance companies make bigger profits by paying out as little as possible to those people who have put in a claim. If you’ve been injured in Oregon, a competentPortland personal injury attorney, who is used to dealing with insurance companies week in and week out, is far more likely to get you the settlement you deserve. We can’t say we guarantee a higher settlement, but statistically (according to studies by the Insurance Research Council) people who hire lawyers receive 3.5 times more money than those who don’t. (more…)
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