5 Common Oregon Personal Injury Claims
Each year, on average, the United States is home to more than 30 million people who are injured and consequently require immediate medical attention. From car accidents to medical malpractice to defective products, there are many different types of accidents that indeed warrant litigation. Whether it’s to your body, your mind, or your property, most injury cases fall under “personal injury.” Personal injury claims are, as such, America’s favorite lawsuit—but what about Oregon’s? While there are many different types of claims, to be sure, here are some of the most common.
Make no mistake about it: vehicle accidents are among the most common personal injury claim in any state. But, as we discussed previously, the volume of Oregon vehicle accidents surpasses most US cities, so it shouldn’t come as a surprise that more and more Oregon residents are filing personal injury claims related to vehicle accidents. Despite the highly regarded and universally approved transportation safety laws, minor to fatal accidents and crashes are still seeing a very unfortunate year-to-year increase. To better avoid an accident, follow safe-driving best practices whether you’re the one driving, the passenger, or even the pedestrian on the street. Should an accident occur, contact an Oregon personal injury lawyer who specializes in motor vehicle accidents immediately.
Although defamation laws differ from state to state, it’s typically defined and understood as an injury that occurs to someone’s character or reputation as a result of false, egregious statements. Defamation allegations tend to take one of two forms: they are either libel (i.e. recorded defamation either in the form of writing, picture, or video) or slander (i.e. oral or spoken defamation). While there are a few exceptions, in Oregon, the plaintiff typically must prove the defendant published a false statement of fact, acted with “actual malice” or negligence, and consequently caused material harm and potentially irrevocable damages to the claimant’s character.
As detailed by the Center for Disease Control (CDC), in the United States, there are approximately a staggering 4.5 million dog bites per year. And those are just the reported cases! All the more concerning: between 2010 and 2015, there were a total of 3,940 Portland-area dog bite investigations – that equals a yearly average of approximately 788 dog bite cases per year in Portland alone.
From a negative upbringing to poor training, dog bite injuries happen for a number of reasons. In just about every situation, however, dog owners will claim that the plaintiff provoked or otherwise antagonized their dog which resulted in the bite in question. In addition to physical pain and injury, it’s often the case that the victim of a serious dog bite will suffer psychological trauma (e.g. a fear of dogs, posttraumatic stress disorder, etc.) as well.
Dog breeds in the Portland area that are most likely to bite include:
- Pit Bull (127.5 cases per year)
- Labrador Retriever (106.75 cases per year)
- German Shepherd (69.6 cases per year)
- Chihuahua (57.75 cases per year)
- Australian Shepherd (34.5 cases per year)
- Australian Cattle Dog (30.5 cases per year)
- Rottweiler (29.25 cases per year)
- Dachshund (27.25 cases per year)
- Border Collie (26.5 cases per year)
- Boxer (22.75 cases per year)
If you’ve been bitten by a dog or are the owner of a dog that has bitten someone, seek legal representation from a dog bite injury attorney immediately. Under Oregon law, dog bites fall under the normal personal injury statute of limitations, meaning you have two years to file your suit.
PREMISES (OR PROPERTY) LIABILITY
Yes, even despite the posted signage throughout restaurants, grocery stores, and shopping centers, premise liability claims occur quite frequently throughout Oregon. But did you know that such claims aren’t restricted to businesses? Home owners can also be considered legally at fault in the event someone is injured on their property. In either case, the injured party must first prove that he or she is indeed injured and second that the property owner failed to take the necessary measures that could have otherwise prevented the injury from occurring such as properly maintaining the property or posting warning signs. If you’ve been injured in the Portland area and believe you may be entitled to some type of compensation, contact a premises liability attorney before it’s too late.
Not all product liability claims have merit or even make it to the court room, but as an always-producing and always-consuming country, the volume of such cases is a sad expectation and a grim, statistical reality. In most instances, product liability claims arise when a defective or perfectly functional product consequently results in an injury, despite it being used per its prescribed intentions. In other words, if using a product as it should be used causes any damage to you or your property, then you may have grounds for a product liability claim.
If you’ve been injured as a result of a defective product and feel that you are entitled to a settlement, please consult with a product liability specialist for help building and defending your claim. Like every other personal injury claim, product liability claims are especially nuanced and carry a number of delicate intricacies and avenues that untrained eyes are likely to overlook, let alone consider.
WHEN SHOULD YOU CONSULT WITH A PERSONAL INJURY ATTORNEY?
In many states, personal injury falls under the statute of limitations. In other words, your claim is only legally actionable for a certain amount of time, typically one or more years. If you wait too long and miss the deadline detailed by your state’s legislature, your case will be dismissed “with prejudice” (i.e. permanently). The statute of limitations for personal injuries begins the day the injury occurred, as such, it’s recommended to file your claim as soon as possible to avoid having your case thrown out.
In Oregon, you have exactly two years to file most personal injury claims. Some personal injury claims have different statute of limitations period such as one year for defamation claims and three years for wrongful death claims. While you might think it’s something you can handle on your own, under the weight of the stressful legal process you’re likely to commit a mistake that jeopardizes your settlement, if not your case altogether. Acting on your behalf, the right legal representation will utilize experience and training to alleviate the situation and negotiate the best possible settlement. The sooner you seek help, the longer you have to build a substantial case, and the sooner you will see results.
get help from a portland personal injury attorney
At Mayor Law, it is our goal to help the victims of motor vehicle accidents achieve legal justice and recover the financial resources needed to help restore their lives. Portland car accident attorney Travis Mayor will build your case to maximize financial compensation, while removing the confusion and hassle of dealing with insurance companies and their legal tactics.
Travis Mayor has recovered millions of dollars for his serious motor vehicle accident clients. For every client, Travis offers personal service with proven results. Please review our clients’ personal accounts of working with attorney Travis Mayor: Google+, Yelp, and AVVO pages.
For additional information about personal injury cases, insurance, and maximizing your financial recovery, I recommend the following articles on my Blog: