Here are a selection of articles our Oregon personal injury lawyer has written about various personal injury law topics. If you think you have a personal injury claim, please contact our law firm now for a free consultation.
Drowning Deaths in Oregon
Each summer in Oregon there are tragic deaths of minors and adults who die or suffer brain injury because of a near drowning event. These injuries can take place in a river, lake, or swimming pool.
For any drowning case or near drowning event the property owner or any adult who brought the minor child injury victim to the site may be liable for settlement injury compensation. Drowning or near drowning cases on public lands may be denied because of state recreational use statutes which prohibit injury claims in certain cases if the injury event during the course and scope of recreational use while on government land.
With any near drowning cases involving brain damage consultation with neurologists and neurophyschologists to evaluate the severity and permanence of brain damage is important.
Electrical Burn Personal Injury Cases
Burn and shock injuries are very serious life altering events and occur with too often frequency when electrical lines touch people. People who suffer burn and shock injuries from interference with electric lines in the state of Oregon and state of Washington often have long term problems which never may go away.
Electric companies like Portland General Electric (PGE) and others have a common law duty to prevent injuries to the public in the state of Oregon. When electric injuries do occur the issue is often was the electric company negligent under the facts of the particular case.
If the electric company is a government entity like Bonneville Power Administration (BPA) you may have to file a governmental tort claim notice. If you don’t file a tort claim notice and the time period runs you may not have a viable government electric burn or shock injury case anymore.
On any electric injury burn or shock case expert testimony and evaluation is important in determining whether the electric company was negligent.
Getting The Insurance Company To Pay For A Specialized Paint Job On Car Accident Claims
I arbitrated a case involving Farmers denial of paying for a full paint job on a partially damaged truck which had a specialized paint job making the rig appear to change colors. It changed from purple to orange and kind of a mixture and this is even without one being high at the time. Our expert (the owner of a body and paint shop) testified that a full repaint was required since the special purple hue was no longer in stock. Its called a chameleon paint job. At the arbitration we all saw the rig in the arbitrator’s parking lot.
The rig was actually in a few shows but as usual was also in another crash which complicated things. Farmers brought in their paint guy too. I saw the car and it would change colors when it moved. We arbitrated the case and Farmers ended up paying like 10K toward a new paint job which runs like 15K.
Golf Cart Injury Claims
With golf cart injury cases the same rules of the road apply except the customs of golf get invoked. Usually the rule of thumb is use the specific course rules of the game and tournament rules in getting the course and the other player to pay for your case and medical bills.
Heat Stroke Death Personal Injury Claims
Heat stroke is tragic and kills without abandon when temperature hit high marks making heat stroke injury and death from heat stroke a fact specific investigation. On any heat stroke injury case in Oregon and Washington getting a money settlement will depend upon prior notice of the person in charge and whether they were aware beforehand of the injured person’s health and the weather forecast with all of such heat related factors bearing upon the setting of where the person lives. With many heat stroke death prevalent among the young and elderly prior notice and environmental conditions may play a very important role in getting a money settlement in Oregon.
Injuries From Cut Glass Including Windows And Sliding Glass Doors
Lacerations and cuts can be caused from window glass and/or sliding glass doors. Glass may shatter for a variety of reasons including improper installation, loud noises, and even explosions such as illegal fireworks. Serious scars frequently result from cut glass injury cases.
The most serious cut glass laceration case I handled involved a client who received serious wounds from a sliding glass door which shattered because an illegal firework struck the glass door she was standing next to. Thus causing her to suffer deep wounds including lacerations and cuts. We brought a homeowners insurance claim and recovered a generous money settlement on the cut glass injury fireworks case.
On any firework injury case the key legal issue is whether the firework exploder was using illegal fireworks and also whether they were negligent in deploying the fireworks outside or inside the normal safety zone of the bystanders.
Injuries To Renters And Apartment Lessors
If you are injured because your landlord or apartment owners failed to do something such as fixing something that was broken and you are injured, you may have a compensable injury claim that we could help with in Oregon and Washington states.
In helping injury victims over the last 16 years in Oregon I know there are many landlords who do things on the cheap and renters get injured as a result. With tenant and renter injuries and injury claims against apartment owners we find remedy in tort law and the Oregon Residential Landlord Tenant Act. The ORLTA provides a legal remedy to injured victims if the landlord creates a situation that is unsafe.
Potential claims for injuries whether in tort law or under the ORLTA may cover such things as falls, broken steps, failure to fix lighting, inadequate lighting, or any injury stemming from falls because safe measures were not undertaken to prevent harm.
Water sport Injury Claims In Oregon
Water skiing, tubing, and boogie boarding whether they take place on the Sandy or Clackamas River or even the Columbia River are all regulated by the Oregon water ski law.
The Oregon water ski law also applies to all towed devices including knee boards, hydrofoils and tubes. The law further makes it mandatory for an observer on the boat while towing, use of a red or international skier down flag, and water sport is also to be carried out from sunrise to sunset.
Anyone who has ever been on a boat well knows that serious injuries may arise and because of this it is best to have a review of the boating facts as soon as possible following the crash.
Summer Camp Injury Claims In Oregon And Washington
Summer camps and children go together but injuries do happen and while in most cases they are not actionable. Except in cases involving negligence and more so particularly when the camp directors and teachers have received prior notice of a substandard condition and fail to correct the conditions before a child is hurt.
Its important to form a legal perspective to compare the camps records and in particular whether the camp was cited by county health officials and also the state on past infractions. With any investigation into camp injury negligence a good comparison should be made with past infractions and citations to the at bar situation involving the camp attendee.
Restaurant Injuries In Oregon
Each year Oregon restaurant goers suffer injury. In 2007 alone OSHA made 229 restaurant inspections and found 508 violations of health and safety rules and gave fines totaling $43,000.
I have handled food injury claims for many years and the food injury claims I have handled involve claim with injuries from biting into hard things to burns to cuts from foreign substances in the food.
From my experience it’s the high turnover of fast food places which creates a chaotic environment in the restaurant and certainly makes it difficult for the restaurant owner to keep up with OHSA safety regulations.
The Oregon Restaurant associations says food service is the largest state private sector industry which employs 120,000 workers which works out to one in every 14 Oregonians.
My best advise from the get go is to retain the evidence, report the facts, and follow up with an experienced food injury lawyer.
Premises Liability Injury Claims Involving Golf Balls And Baseballs
A recent Oregon case decision came down making businesses like golf courses and by implication baseball groups liable for harm and injury to people off-site when the negligent act happened upon a different piece of property. The Oregon case decision found the golf course owner negligent under the theory that an owner of land can be found at fault to “protected interests” outside the property in question which was caused by negligence upon another piece of property both of which are usually adjacent to each other.
Walking by a golf course can be dangerous and you certainly could be injured by a stray golf ball and given the current status of Oregon law there may be a remedy at hand to pursue your claim for injuries and medical bills.
Parking Lot Car Accident Injury Cases
It is about that time of the year again, when Oregon malls are busy with people buying gifts for the holidays. With busy malls comes any opportunity for you as a driver to be in a car accident while driving away or to the mall. Here are some tips to keep you from being in a car accident.
1. Remember to keep a 4 second space between you and the car ahead of you.
2. When pulling out of your parking spot, make sure you have your lights on and pull out very slowly. If it would help, ask your passenger to stand next to the car and help you and drivers around you know that you are leaving.
3. Be ready for people that will stop in the middle of the aisle for a parking spot. Do not go around them, as you can not see why they have stopped.
4. Make sure your lights are on at all times.
5. You will be tired after a long day of shopping, make sure you don’t turn on the heat right away, as this will make you more tired. Make sure you don’t get into the car and start driving if you are about to fall asleep.
6. If you are planning on going to different stores around the mall, try and walk. The less time you are in your car, the less congested it will be around the area.
7. Try and go on less busy times. If you can keep away from the mall on the weekends or Friday nights, that will help with the amount of automobiles on the road.
8. Always be ready for a long wait to get out of the shopping area. If you can go back roads or car pool.
9. If you do get in an accident, make sure you pull off the road immediately to keep the traffic from building up behind you.
10. Always be on alert for drivers that are in a hurry to get home quickly.
If you do happen to get into a car accident during these holiday seasons, make sure you get in contact with an attorney with the knowledge to protect you.
Oregon Car Accident With A Washington Based Driver
When deciding to get an injury lawyer the first thing to figure out is what state must the lawyer be licensed in. If the car accident occurred in Oregon you will want an Oregon lawyer even if the other at fault driver lived in the state of Washington. Having an Oregon lawyer on an Oregon injury case and a Washington lawyer on a Washington case may ensure that the case gets handled right and there is no dropping of the ball.
Washington state and Oregon state each prohibit the unlawful practice of law by non instate licensed lawyers. Having a Washington lawyer on your Oregon injury case and vice versa may get that lawyer afoul of the state ethics rules. As a lawyer licensed in both states I know that there are unique rules that only an instate lawyer can successfully handle. For example in Washington the law allows a 1/3 reduction under a case called Mahler on PIP (Personal Injury Protection) reimbursement whereas Oregon has no such law. The old adage buyer beware may just rule the roost as the saying goes.
Jury Verdicts On Amputation In Oregon And Washington State
In reviewing recent jury verdicts it appears that the highest money verdicts nationwide are for amputation cases where the injured driver loses a arm or foot or a part of a limb.
Since amputation claims claims range from $1,925,000 to $7,500,000 on the top end, amputation claims would rank on the high of of any jury verdict.
Having handled injury claims for the last 17 years, my opinion is they would also rank high in any Oregon trial involving amputation.
Car Accident Related Cuts
The cuts, abrasions, contusions and broken bones caused by an auto accident are immediately apparent and generally simple to treat. On the other hand, soft tissue damage and internal injuries are more difficult to diagnose and often require extensive testing to determine their severity. For this reason, it is essential that you not only insist on a complete physical examination after an accident, but that you also consult an attorney.
Car Accidents – Police Involvement
It is no fun to be in a car accident especially when you are injured. It certainly does not get any easier when police officers don’t respond to your car accident. As a car accident lawyer, this trend is becoming more apparent. In the state of Oregon, less police reports are being made on car accidents.
I just read an article in the Oregonian which stated the Oregon law which allows Oregon citizens to petition the court to issue court citations to bad drivers (if the police don’t). Having a police investigate the car accident certainly helps an injury case. So it reasons that if the cops don’t show up an injured non fault party could increase the pressure on an at fault driver.
Burn Injury Claims In Oregon From Bar-B-Que And Cooking Venues
To get the most on your burn injury settlement its best to consult an experienced burn injury lawyer who has handled burn injuries.
Burn injuries often occur due to the negligence of the property owner in setting up a secure safety zone to keep attendees like those at fairs, barbecues, or other ethnic cook offs safe from burns.
Which depending upon the severity can be a lifelong wound. Burn injury wounds that I have seen range from serious if they occur to the face and secondary if the burn is to other body areas.
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