Oregon Accident Attorney - Personal Injury:
Malpractice, Negligence, and
Wrongful Death Cases
Most people think of automobile accidents when they think of personal
injury. And automobile accidents are the most common form of personal
injury. However, there are many other types of situations where someone's
negligence, or lack of care, can cause an injury.
In addition to helping people injured in automobile accidents, our law
firm has represented people injured:
- When slipping and falling at grocery stores, gasoline stations, or
parking lots;
- When struck by falling objects at a department store;
- When caught in an automatic door that didn't close properly;
- When their physician did not provide care that was standard in our
community; and
- When they were unwillingly exposed to harmful chemicals.
Each type of case requires different types of proof. For slip and fall
injuries, for example, the item that causes the slip must be on the floor
long enough so that the owner should have cleaned the floor, preventing
the injury, or the owner should have posted signs warning of the slippery
floor.
In claims against a professional, including physicians and attorneys,
a person injured must show that the professional violated a standard of
care. That means that the professional didn't do something that most other
professionals would have done, or that the professional did something
that other professionals would not have done. It is not enough that a
professional uses bad judgment unless the professional, at the same time,
violates a community standard of care.
Most personal injury claims must be resolved within two years. If not,
a lawsuit must be filed to protect your rights.
Most personal injury claims are settled without filing a lawsuit. And
even after a lawsuit is filed, most cases are settled without the need
for a trial.
We request that all clients keep a journal from the date of their injury.
Journal entries describe specific types of pain on individual days as
well as normal activities that can't be done because of the pain. That
type of information is very helpful when it is time to write a settlement
offer. It is also helpful if your case is one that requires a trial. Our
fee agreement requires all clients to strictly follow the advice of their
treating physicians. This helps you get better physically and removes
any claim that you have problems because you didn't follow your doctor's
orders.
Settlement of personal injury claims is usually done when you become
"medically stationary." That means that you have either completely healed
or that you have reached a point where doctors can make good predictions
about your health and your need, if any, for continued medical care.
Once you become medically stationary, we obtain all of the chart notes
from the physicians, chiropractors, physical therapists, and others with
whom you treated. We use that information, along with your journal, to
write a letter that suggests settlement. You participate in that process
by reviewing the letter before it is sent and agreeing on the amount you
believe your claim is worth.
Our law firm has represented people with personal injuries for over 25
years. We will bring that experience to help you, if you contact us. Good
settlements don't happen magically. They require hard work and preparation.
We will do both for you.