Oregon Personal Injury Attorney

Oregon Personal Injury Attorney

If you or a loved one recently suffered an injury, you’re likely wondering whether you have a personal injury case. The term “personal injury” refers to legal disputes in which you sustained injuries in a situation where the legal responsibility falls on someone else. Speak to an Oregon personal injury attorney right away to learn about your rights and what options are available to you.

What Is a Personal Injury?

A personal injury occurs when you have been physically, mentally, and or emotionally harmed by the negligent or intentional actions of another. Examples of such injuries include:

• bruises or broken bones
• brain injury resulting in loss of memory or cognitive ability
• fright and nervousness associated with large trucks after an accident with an eighteen-wheeler

The following are just a few examples of negligent or intentional acts that may cause personal injuries:

• unattended liquid spill in a grocery store
• skier thrown from ski lift
• pharmacist dispenses the wrong dose of medication
• cosmetologist burns client’s scalp with hair chemical
• cyclist clipped by a passing car
• child struck while playing in their front yard

What Are My Options?

When it comes to personal injury cases, you usually have two main options: 1) lawsuit or 2) settlement.

If your Oregon personal injury attorney takes your case to court, he will file a lawsuit against those individuals or company that negligently or intentionally caused your injuries.

However, most claimants resolve their personal injury cases informally, through settlement negotiations. Your Oregon personal injury attorney will assess your case, place a value on it, and make a demand to the opposing party and insurance company.

The goal of both a lawsuit and a settlement is to award you damages for your injuries and any losses you suffered as a result.

When Should I File an Oregon Personal Injury Lawsuit?

Your Oregon personal injury attorney must file your case within two years of your injury. If your lawyer fails to do so there is a strong possibility that you will lose your right to have the court hear your case. Therefore, you will lose any compensation that you could have received. That’s also why you shouldn’t delay in hiring an Oregon personal injury attorney as soon as you are injured.

Further, although you must file your personal injury lawsuit within two years of your injury, your attorney will advise you to file a claim against the wrongdoer’s insurer as soon as possible. Some injuries aren’t detectable until sometime after an accident.

What Can I Receive?

When you suffer injuries in a personal injury case, your Oregon personal injury attorney will seek damages, an award of money, for all injuries and financial losses.

The goal of damages in a personal injury action is an attempt to make you whole again through the substitutionary remedy of money. Also, the court will award damages in an attempt to place you in the position that you would have been in had the injury not occurred.

The following are examples of damages that you may receive:

• Past, present, and future medical expenses and cost of medical treatment.
• Lost wages or future loss of earnings.
• Costs associated with repair/replacement of property.
• Present and future pain and suffering.
• A monetary sum for loss of consortium (loss of affection, care, comfort, and companionship between a husband and wife.)
• A monetary sum as punitive damages (an award of damages in a sum that punishes the wrongdoer for grossly reckless, intentional, or malicious acts).

What Is Settlement?

Settlement occurs when the parties to the action agree that you deserve compensation for the injuries you sustained because of the negligent actions of the wrongdoer.

Also, to settle your case, your Oregon personal injury attorney may advise you to submit your case to mediation or arbitration.

Mediation is when an independent party, mediator, hears the evidence in your case and makes a recommendation for settlement. However, a mediator’s recommendation is not binding. This means that if you do not agree with the mediator’s recommendation you may take your case to court.

Arbitration is when an independent party, an arbitrator, hears the evidence in your case and makes a ruling. In arbitration, the parties agree in advance to accept the arbitrator’s ruling as binding. This means that if you do not agree with the ruling you do not have the right to take your case to court. The case is considered forever settled.

Also, notwithstanding mediation or arbitration, most personal injury claims are settled before trial.

What Should I Expect at an Oregon Personal Injury Trial?

To prevail in a trial, your Oregon personal injury attorney must prove the following elements:

• The wrongdoer owed you a duty of “due care” to keep you safe or otherwise not to hurt you. (The owner of a ski resort owes a duty to its patrons to operate their equipment, ski lift, in a manner that is safe to others or otherwise in a manner that they do not hurt their patrons.)
• The wrongdoer breached their duty of care to you. (The ski resort negligently operated their ski lift resulting in your being thrown from the lift.)
• The wrongdoer’s breach of their duty to you caused your injury. (The ski lift that you were thrown from was the ski lift operated by the ski resort).
• You suffered damages. (Broken bones, brain damage, and emotional distress).

Your attorney will prove the above-mentioned elements in court by methodically presenting the evidence. He will try to convince the jury that the wrongdoer is legally responsible for your injuries.

Moreover, the evidence that your Oregon personal injury attorney will present at trial may include:

• testimony of experts
• eye-witnesses
• physical evidence, including medical reports, X-rays, documents, photographs, depositions, video recordings, text messages, and email.

It is important that you cooperate with your attorney and provide the necessary information as he investigates your case. He can keep you updated with the process, and put you in the best position to receive as much compensation for your injuries as possible.

Speak to Oregon Personal Injury Attorney Richard Rizk Today

Negotiating a settlement with insurance company or filing a lawsuit can be daunting. You need an Oregon personal injury attorney who will give his all to help you get the compensation you deserve. For a free consultation, call Richard Rizk today at (503) 245-5677.