Oregon Personal Injury
If you have suffered a personal injury in an accident in Oregon that was caused by another party, you may be entitled to receive monetary compensation. This remedy is intended to reimburse injured parties for past and future medical expenses, past and future lost income, and damages for pain and suffering.
Types of Personal Injury Cases in Oregon
Personal injury is a term used to depict mental, physical, and emotional harm to an individual caused by another party's negligence. The resulting injuries may be on the minor end of the continuum, like a contusion or sprain, or be on the devastating, severe end of the spectrum, such as paralysis, permanent disability, or disfigurement. In some cases, the injuries suffered can result in death. Personal injury law does not afford any damages or recovery for destruction of personal or real property, such as cars and homes.
Personal injuries can occur in a variety of ways:
- Auto accidents
- Trucking accidents
- Motorcycle accidents
- Wrongful death
- Pedestrian injury or death
- Bicycle injury or death
- Nursing home abuse
How Is Fault Determined in Oregon Personal Injury Cases?
To recover damages in a personal injury case, a claimant in Oregon must establish that the defendant acted negligently. Negligence is proved by showing these elements:
- Duty. The party who caused the harm or injury (defendant) had a legal duty or responsibility not to cause such harm or injury to the plaintiff.
- Breach. The defendant failed to meet that legal duty or responsibility to the plaintiff.
- Causation. There was a causal connection, or nexus, between the defendant’s conduct and the plaintiff’s resulting injury.
- Damages. The plaintiff indeed suffered damages, financial harm, or other forms of loss due to the accident or injury.
Oregon Has Adopted the Modified Comparative Fault Rule in Negligence
Like 20 other states, Oregon has adopted the 51 percent bar rule. Pursuant to this rule, if the injured party was more than 51 percent at fault for the injuries suffered, there can be no monetary recovery. However, damages can be recovered if 50 percent or less of the fault for the resulting harm is attributed to the injured party. Oregon judges and juries will likely reduce the amount of recovery in proportion to the degree of fault attributed to the plaintiff.
Whether you live in Portland, Salem, Eugene, or Hillsboro, an Oregon personal injury attorney can assist in evaluating, assessing, and determining legal remedies, alternatives, and potential sources of recovery. Initial consultations are likely free of charge. Note that time may be of the essence when making a claim.
Find a local Oregon personal injury attorney today
An Oregon personal injury lawyer can help evaluate your situation and explain your legal options. If the Oregon personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.