Every year, numerous personal injury cases are reported in the State of Oregon. Car accidents, truck accidents, slips, trips, and falls, workplace mishaps and accidents, medical malpractice – These are all examples of personal injury cases. In general, if a party was injured because of other party’s negligence, disregard for safety, or carelessness, there is a scope for personal injury lawsuit. For any kind of situation, it is always wise to hire a Portland personal injury lawyer, so as to protect one’s interests and rights. Here are some quick answers to top questions about personal injury laws in Oregon.
- How to prove negligence in a personal injury case?
This is often the trickiest part of such cases. You need to have enough evidence to show that the other party was negligent or careless, which eventually caused the incident/accident that directly resulted in your injuries. To understand your unique circumstances and the possible room to prove negligence, consider talking to an experienced personal injury lawyer in Oregon.
- How much time is available to file a personal injury lawsuit?
Every state has its own statute of limitations, and Oregon is no different. The statute of limitations gives two years to victims to file a personal injury lawsuit against the at-fault party. For medical malpractice lawsuits, the time remains the same, from the date when the injury occurred or was first discovered. If an accident has led to the death of someone, the spouse/immediate family has three years to file a case for wrongful death.
- What if a party has part-share in an accident?
This is where Oregon’s “modified comparative negligence” comes in. For example – If you have been awarded $50,000 in compensation and your share in an accident is marked at 20%, you will get the balance i.e., $40,000. You can recover your losses, as long as your share in the accident is not more than the other party at fault.
- Will my case go to trial?
Majority of personal injury cases are settled through negotiation. If you have hired an attorney, they will do negotiations on your party with the at-fault party and their insurance company. This is what most lawyers prefer, because taking the case to trial only requires more money. If settlement negotiations fail, your case will go to trial.
Hire an experienced personal injury attorney to know more about your accident/personal injury case. Most law firms in Portland offer free initial consultation.