Personal injury accidents are unfortunate events that can occur to us at any given moment of our lives. In such a busy city like Portland that has nearly 660.000 people, it is likely to be involved in one of these incidents.
Also, personal injury accidents have the ability to negatively affect your quality of life. Imagine living with physical and emotional damages while you try to figure out how to manage the financial repercussions of the event. These can be paying expensive medical bills and being forced to miss out on your income while recovering from your injuries.
During these difficult times, we would like to empathize with you since we are aware that you did not provoke this incident. The reason we say this is because most personal injury accidents are caused by someone else’s lack of responsibility. Having said that, the person at fault is liable for all of your damages.
Despite these issues, we have good news for you. You are entitled to receive compensation for your physical, emotional, and financial burdens. In order to do so, you must file a Portland accident lawsuit and the best way of filing one is by hiring a lawyer.
Attorneys possess the needed expertise needed to deliver you the compensation you deserve because they have been working on cases similar to yours for years. They know how to file a lawsuit and will work day tirelessly to make sure that your rights stay protected at all times. As you read forward, you will learn the legal standards of injury accidents, as well as how to file an accident lawsuit in Portland, Oregon.
What Is a Personal Injury Accident Lawsuit?
A lawsuit is a legal process carried out by an individual or entity against another party. In most scenarios, these claims are decided in a court of law. In a personal injury incident, plaintiffs can file a lawsuit if they suffered an accident that caused them physical, emotional, and financial damages.
The insurance carrier of the party at fault is under the obligation of paying compensation to the injured individuals for their pain, suffering, and medical expenses. Depending on the type of personal injury accident, plaintiffs must negotiate with different sets of adjusters. For example, if they were involved in a slip and fall, they must speak to the establishment’s insurance firm.
After hiring a lawyer, he or she will represent their clients at a court proceeding if needed. The court seeks to identify liability in the personal injury accident.
Legal Standards for Personal Injury Accident Lawsuits in Portland, Oregon
Before filing an accident lawsuit, it is mandatory to be aware of the regulations that apply to personal injury claims in Oregon. Each state has its own laws when it comes to starting a legal process. Here is Oregon’s legal standard for accident lawsuits.
- Statute of Limitations: This is the time limit that plaintiffs are given to file a lawsuit. The period of time dictated by the statute of limitations begins when the victim is injured or discovers the injury. Within that time frame, the plaintiff must seek an accident lawyer to file the needed paperwork. Once the lawsuit is begun, they are no longer limited to a time frame to present the case. In Oregon, victims have 2 years to file a lawsuit after discovering their injuries.
- Determining Liability: Accident lawsuits may arise out of various dangerous types of situations. These can range from motor vehicle accidents, premises liability, medical malpractice, or nursing home abuse. In most states, victims of the incident are required to prove that the defendants breached their code of duty and provoked their injuries. In order to do so, they must present evidence of the event. Plaintiffs can provide photographs of their injuries and the hazards that caused the accident.
- Oregon’s Modified Comparative Negligence Law: Oregon is one of the 21 states in the United States that are governed by the “Modified Comparative Negligence Law” that declares that plaintiffs are entitled to receive compensation if their fault percentage is lower than the defendant’s. State law subtracts a percentage of the victim’s case compensation equal to their fault percentage. For example, in a case where the plaintiff is compensated with $100,000 but is found to be 20% at-fault, his or her award will be reduced by 20%.
How to File an Accident Lawsuit in Portland
Victims must file a complaint in order to begin the lawsuit process. This document is the pleading formality that initiates an injury case. It also states a jurisdictional basis for the court’s power, the plaintiff’s cause of action, and the demand for judicial relief.
It is important to speak to the defendants to inform them about the complaint. Sometimes, they will accept fault in order to avoid a lengthy legal dispute. However, if they deny the allegations it will be necessary to take the case to court.
In Oregon, injured individuals can seek compensation for their damages by starting a legal process against the person who caused these losses. Plaintiffs can be compensated for:
- Medical bills,
- Lost income from missed workdays,
- Future income from not being able to work,
- Vehicle repair costs,
- Pain and suffering,
- Emotional anguish,
- Anxiety,
- Worsening injuries,
- Post-traumatic stress disorder,
Seek a Lawyer Right Now
We thank you for taking your time in reading this article. This information was brought to you by the best law firm in Oregon. We hope that you are more knowledgeable on the requirements to file a Portland accident lawsuit. Your damages deserve justice. For that reason, we urge you to contact an attorney right away!
