FAQs
Oregon Personal Injury FAQs
Need more information about key topics related to Oregon personal injury cases? You have come to the right place. To get more information, review the questions and answers below.
Mayor Law FAQs
Which Oregon Personal Injury Attorney would handle my case at Mayor Law?
At Mayor Law, your case would be handled by Travis Mayor, the firm’s owner and a seasoned personal injury attorney, or by Associate Attorney Liz Walling, depending on the specifics of your case. Travis brings extensive experience from his time as an insurance defense attorney and as a plaintiff’s advocate, while Liz has a strong background in personal injury and workers’ compensation law, having joined Mayor Law in 2020 to represent injured clients.
What practice areas represent the majority of your experience?
Mayor Law focuses primarily on personal injury law, with extensive experience in cases involving car, truck, motorcycle, bicycle, and pedestrian accidents, as well as workplace injuries, defective products, medical negligence, drunk or distracted driving, catastrophic injuries (including brain and spinal injuries), wrongful death, and small value claims under $10,000. Travis Mayor’s background as a former insurance defense attorney enhances the firm’s expertise in navigating complex personal injury claims.
Are the legal costs lower if my case settles without going to trial?
Yes, legal costs are typically lower if a case settles without going to trial. Mayor Law operates on a contingency fee basis, charging one-third of the settlement for cases resolved without arbitration or litigation, and 40% if the case proceeds to those stages, reflecting the additional time and resources required. Settling early avoids costs like court fees and expert witness expenses.
Why should I choose Travis Mayor, Oregon Personal Injury Attorney, to represent me?
Travis Mayor is an excellent choice due to his proven track record of securing tens of millions in settlements, arbitration awards, and jury verdicts. His experience as a former insurance defense attorney gives him unique insight into insurance company tactics, enabling stronger negotiations. Travis is a seasoned litigator, prepared to take cases to trial if needed, and provides personalized, communicative, and aggressive representation focused on achieving the best possible outcome for his clients.
Learn more about Mayor Law and get more answers to other FAQs.
Understanding Insurance and Personal Injury Claims FAQs
How much insurance do I need?
Oregon law requires drivers to carry minimum liability insurance of $25,000 per person/$50,000 per accident for bodily injury and $20,000 for property damage, plus $15,000 for personal injury protection (PIP). Higher coverage is recommended to protect against significant losses.
Do I receive benefits even if I was deemed to be at fault?
Yes, PIP is no-fault coverage, meaning you can receive benefits for medical expenses and lost wages regardless of who caused the accident, as long as the expenses are reasonable and necessary.
What are the amounts payable and maximum limits?
Oregon PIP coverage typically provides up to $15,000 for medical expenses and 70% of lost wages (up to $3,000/month) for one year. Additional coverage may depend on your policy’s specific terms.
How can an experienced Personal Injury Lawyer help me?
An experienced personal injury lawyer can evaluate your case, gather evidence, negotiate with insurers for fair compensation, handle legal paperwork, and represent you in court if needed to maximize your recovery.
Get more answers to FAQs for Oregon car insurance personal injury claims.
Personal Injury Case FAQs
Should I use an attorney or deal directly with the insurance company in an Oregon Personal Injury case?
Using an attorney is advisable, as insurance companies often minimize payouts. An attorney can negotiate effectively, handle legal complexities, and ensure you receive fair compensation for your injuries.
What should I look for in choosing an Oregon Personal Injury Attorney?
Look for experience in personal injury law, a strong track record, good client reviews, clear communication, and a contingency fee structure to ensure alignment with your interests.
How do I know if an Oregon Personal Injury Attorney is reputable / capable?
Check their credentials, case results, client testimonials, and disciplinary record with the Oregon State Bar. Consultations can also reveal their knowledge and approach to your case.
What questions should I ask in order to understand if there is a good fit?
Ask about their experience with similar cases, fee structure, case strategy, communication style, and estimated timeline to determine if they align with your needs and expectations.
What Is My Oregon Personal Injury Case Worth? What Type of Costs Can I Recover?
Case value depends on medical expenses, lost wages, pain and suffering, and future damages. You can recover costs like medical bills, property damage, and non-economic damages like emotional distress.
How can I get a “Ball Park” estimate of the value of my Oregon Personal Injury case?
An attorney can provide a ballpark estimate by reviewing medical bills, lost income, injury severity, and liability. Exact values depend on case specifics and evidence gathered.
Learn more about how to handle your Oregon personal injury case.
Car Accident FAQs
I have been in an Oregon car accident, what are my legal responsibilities?
You must stop, exchange information with the other driver, report the accident to police if required (injuries or significant damage), and notify your insurer promptly to comply with Oregon law.
I’m being pressured to provide a recorded statement and sign a medical release by both insurance companies — must I do so?
You are not required to provide a recorded statement or sign a medical release. Consult a lawyer first, as these can be used to limit your claim’s value.
What do I do if the at-fault driver does not have enough insurance coverage to cover my losses?
Pursue your uninsured/underinsured motorist (UM/UIM) coverage, seek compensation through a personal injury lawsuit, or explore other liable parties, with guidance from an attorney.
I have been injured in an Oregon car accident, who will pay my medical bills?
Your PIP coverage typically pays initial medical bills, regardless of fault. If PIP is exhausted, the at-fault driver’s insurance or a lawsuit may cover additional expenses.
What happens if I use all of my PIP benefits and need more medical treatments?
You can seek compensation from the at-fault driver’s insurance, your health insurance, or through a personal injury lawsuit to cover additional medical treatment costs.
How do I get reimbursed for property damage incurred in an Oregon car accident?
File a claim with the at-fault driver’s insurance or your own collision coverage. Provide evidence like repair estimates and photos to support your property damage claim.
Where can I learn more about understanding car accident insurance coverage?
Consult an Oregon personal injury attorney or review resources from the Oregon Department of Insurance for detailed information on car accident insurance coverage.
Where can I learn more about what to do if I’ve been involved in an Oregon car accident?
Contact an experienced attorney or visit the Oregon DMV website for guidance on post-accident steps, including reporting requirements and insurance claims.
Do I need an Oregon personal injury attorney to represent me or can I deal directly with the insurance company adjusters?
While you can deal directly with adjusters, an attorney is recommended to navigate complex claims, avoid lowball offers, and maximize your compensation for injuries and losses.
Learn more about how to handle your Oregon car accident case.
Bicycle Accident FAQs
What if the costs associated with my cycling accident are less than $10,000? Is there a way of dealing with the insurance company and at-fault party without incurring significant legal costs?
For claims under $10,000, you can file a small claim under ORS 20.080, drafting a demand letter to the at-fault party’s insurer. An attorney can help with minimal fees.
What should I do if my cycling accident injuries are significant?
Seek medical attention, document injuries, and hire an experienced personal injury attorney to handle insurance negotiations and pursue a lawsuit for fair compensation.
Can I buy insurance to cover potential risks I may incur while cycling?
Yes, you can purchase cyclist-specific insurance or ensure your auto or homeowner’s insurance includes coverage for cycling accidents. Consult an insurance agent for options.
Learn more about how to handle your Oregon bicycle accident case.
Motorcycle Accident FAQs
Why is it important to work with a personal injury attorney who understands and has experience in dealing with Oregon motorcycle accidents?
Motorcycle accidents involve unique biases and complex injury claims. An experienced attorney understands these nuances, counters insurance tactics, and maximizes your compensation.
How much time do I have to file a claim/lawsuit after an Oregon motorcycle accident?
In Oregon, the statute of limitations for personal injury claims, including motorcycle accidents, is generally two years from the date of the accident.
What if the costs associated with my Oregon motorcycle accident are less than $10,000? Is there an effective way of dealing with the insurance company and at-fault party without incurring significant legal costs?
For claims under $10,000, use ORS 20.080 to send a demand letter to the at-fault party’s insurer. An attorney can assist with minimal costs to ensure a fair settlement.
What should I do if my accident injuries are significant?
Seek immediate medical care, document all injuries, and hire a personal injury attorney to negotiate with insurers and pursue a lawsuit for adequate compensation.
Why is Travis Mayor a great choice to represent you with your Oregon motorcycle accident case?
Travis Mayor has extensive experience with motorcycle accident cases, understands Oregon’s legal nuances, and provides dedicated advocacy to secure fair compensation for clients.
Learn more about how to handle your Oregon motorcycle accident case.
Pedestrian Accident FAQs
I was injured in a pedestrian accident and I want to file a claim for my injuries — what should I do?
Seek medical attention, document the accident, gather witness statements, and consult a personal injury attorney to file a claim against the at-fault party’s insurance.
As a pedestrian, what responsibilities and duties do I have to avoid accidents?
Pedestrians must use crosswalks, obey traffic signals, avoid sudden movements into traffic, and remain vigilant to minimize accident risks, as required by Oregon law.
How much time do I have to file a claim / lawsuit after a pedestrian accident?
In Oregon, the statute of limitations for filing a personal injury claim after a pedestrian accident is generally two years from the date of the incident.
Should I seek the advice of an Attorney to help guide me?
Yes, an attorney can help navigate complex claims, negotiate with insurers, and ensure you receive fair compensation for injuries and losses in a pedestrian accident.
I was hit by a bicyclist while in a crosswalk – doesn’t that mean the cyclist is at-fault?
Not automatically. Fault depends on circumstances, such as whether the cyclist violated traffic laws or if you contributed to the accident. An attorney can assess liability.
Where do most pedestrian accidents occur? What factors increase the probability of being involved in a pedestrian accident?
Most pedestrian accidents occur at intersections, crosswalks, or urban areas. Factors like distracted driving, speeding, poor lighting, and pedestrian behavior increase risks.
Learn more about how to handle your Oregon pedestrian accident case.
Catastrophic Injury FAQs
What is a catastrophic injury?
A catastrophic injury is a severe injury causing permanent disability, significant impairment, or life-altering consequences, such as spinal cord injuries, amputations, or severe burns.
What is the difference between a catastrophic injury case and a typical personal injury case?
Catastrophic injury cases involve higher damages, long-term care costs, and complex legal issues compared to typical cases, requiring extensive evidence and expert testimony.
How long do I have to file a personal injury claim in Oregon?
In Oregon, the statute of limitations for personal injury claims, including catastrophic injuries, is generally two years from the date of the injury.
Learn more about how to handle your Oregon catastrophic injury case.
Traumatic Brain Injuries FAQs
What are Traumatic Brain Injuries?
Traumatic Brain Injuries (TBIs) are brain dysfunctions caused by external force, such as a blow or jolt, leading to cognitive, physical, or emotional impairments.
Why is it so difficult to predict the outcome of traumatic brain injuries?
TBIs vary widely in severity, location, and individual response, making recovery unpredictable. Long-term effects may not be immediately apparent, complicating prognosis.
What are the leading causes of traumatic brain injury?
Leading causes include car accidents, falls, sports injuries, assaults, and workplace accidents, with motor vehicle collisions being a primary contributor in Oregon.
What is the cost of caring for individuals with traumatic brain injuries?
Costs can range from tens of thousands to millions, depending on severity, including medical treatment, rehabilitation, long-term care, and lost income.
Where can I learn more about understanding car accident insurance coverage?
Consult an Oregon personal injury attorney or review the Oregon Department of Insurance website for detailed information on car accident-related insurance coverage.
Do I need an Oregon personal injury attorney to represent me or can I deal directly with insurance company adjusters?
An attorney is recommended to handle TBI cases, as insurers may undervalue claims. Attorneys ensure fair compensation for complex, long-term damages.
Where can I find additional resources on Traumatic Brain Injuries?
Resources include the Brain Injury Association of America, Oregon Health Authority, or consulting a specialized personal injury attorney for tailored guidance.
Learn more about how to handle your Oregon traumatic brain injury accident case.
Wrongful Death FAQs
What is a wrongful death claim?
A wrongful death claim is a lawsuit filed when someone’s death is caused by another’s negligence or wrongful act, seeking compensation for survivors’ losses.
Who can file an Oregon wrongful death action?
In Oregon, a wrongful death action can be filed by the personal representative of the deceased’s estate, typically on behalf of surviving family members.
Who are the beneficiaries in an Oregon wrongful death claim?
Beneficiaries typically include the deceased’s spouse, children, or parents, who may claim damages for financial and emotional losses under Oregon law.
How is a wrongful death settlement or jury verdict distributed?
Settlements or verdicts are distributed to beneficiaries based on their relationship to the deceased and the extent of their financial and emotional losses, as determined by the court.
What is the period of time allowed for filing a wrongful death claim in the state of Oregon?
In Oregon, the statute of limitations for wrongful death claims is generally three years from the date of death.
Learn more about how to handle your Oregon wrongful death case.
Drunk Driving Accident FAQs
Why is it important to retain a Drunk Driving Accident Lawyer that does not shy away from litigating your personal injury case?
A lawyer experienced in litigation can hold drunk drivers accountable, pursue punitive damages, and navigate complex liability issues to maximize your compensation.
In addition to the drunk driver, who can be held liable in a drunk driving accident case?
Potentially liable parties include establishments serving alcohol (under dram shop laws), employers (if the driver was on duty), or others who contributed to the incident.
I was hit by a drunk driver; is the establishment that served the liquor liable for my injuries under Oregon liquor liability laws?
Yes, under Oregon’s dram shop laws, establishments may be liable if they served alcohol to a visibly intoxicated person who then caused your injuries.
Can I seek punitive damages against the provider of alcohol under Oregon’s liquor liability law?
Yes, punitive damages may be sought if the provider’s actions were reckless, such as serving alcohol to a clearly intoxicated person, causing the accident.
Learn more about how to handle your Oregon drunk driving accident case.
Industrial and Construction Accidents FAQs
I’m currently collecting workers’ compensation insurance as a result of a workplace injury – does this mean I can’t file a personal injury claim?
You may still file a personal injury claim against third parties (e.g., contractors or equipment manufacturers) whose negligence caused your injury, separate from workers’ compensation.
I have been seriously injured on-the-job and now I found out my employer allowed the company’s workers’ compensation insurance to expire – what can I do?
You may sue your employer directly for damages or pursue a claim against other liable parties. Consult an attorney to explore all legal options.
I’ve been recently diagnosed with mesothelioma due to exposure to asbestos – how long do I have to file a claim?
In Oregon, you generally have three years from the date of diagnosis to file an asbestos-related personal injury claim, but consult an attorney for specifics.
Learn more about how to handle your Oregon industrial or construction accident case.
Product Liability FAQs
Who is responsible for my injuries if I am injured by a defective product?
Manufacturers, distributors, or retailers may be responsible if the product was defectively designed, manufactured, or lacked adequate warnings, causing your injury.
How long do I have to file a Product Liability claim in Oregon?
In Oregon, the statute of limitations for product liability claims is generally two years from the date of injury or discovery of the defect.
What kinds of compensation can I ask for in my Oregon product liability claim?
You can seek compensation for medical expenses, lost wages, pain and suffering, and punitive damages if the defect resulted from reckless conduct.
What must I prove to win my Product Liability case?
You must prove the product was defective, the defect caused your injury, you used the product as intended, and you suffered damages as a result.
Are manufacturers liable for injuries caused by defective products even though the product contains a warning label?
Manufacturers may still be liable if the warning was inadequate, unclear, or failed to address the specific defect that caused your injury.
Learn more about how to handle your Oregon defective products case.
Small Value Personal Injury Case FAQs
What information is included in a “small claim” Demand Letter?
A demand letter includes details of the accident, evidence of liability, documentation of injuries and damages, and a specific settlement amount requested under ORS 20.080.
What happens after submitting a Demand Letter in a “Small Claim Case” under ORS 20.080?
The insurer has 30 days to respond. If no fair settlement is offered, you can file a small claim lawsuit in court with potential attorney fee recovery.
What type of accidents or “Small Claim Cases” are good candidates for settlement under ORS 20.080?
Accidents with clear liability, damages under $10,000, and well-documented injuries, such as minor car accidents or slip-and-falls, are ideal for ORS 20.080 claims.
What type of damages can I recover in my “Small Claim Case” using ORS 20.080?
You can recover medical expenses, lost wages, property damage, and pain and suffering, up to the $10,000 limit under ORS 20.080.
Can I pursue making a settlement on my own using ORS 20.080 without a lawyer?
Yes, you can draft and submit a demand letter yourself, but consulting an attorney can improve your chances of a fair settlement and proper documentation.
If I have received insurance benefits from PIP or my medical insurance provider, do I have to repay these monies from what I recover in my “small claim” settlement?
Yes, you may need to repay PIP or medical insurance providers from your settlement, as they often have subrogation rights to recover their payments.
Distracted Driving FAQs
What is a Distracted Driving Accident?
A distracted driving accident occurs when a driver’s attention is diverted by activities like texting, eating, or using a device, causing a collision.
How prevalent are distracted driving accidents?
Distracted driving accidents are common, contributing to thousands of crashes annually in the U.S., with texting being a leading cause, per NHTSA data.
What is Oregon Law regarding Distracted Driving?
Oregon law prohibits handheld cellphone use while driving, including texting, with fines and potential license suspension for violations, except for hands-free devices.
How are distracted driving accident cases (and lawsuits) different than a typical car accident case?
Distracted driving cases often involve proving the driver’s distraction (e.g., cellphone records), which can strengthen liability claims and potentially justify punitive damages.
Is distracted driving an indication of “who is at-fault” in causing the accident?
Distracted driving strongly indicates fault, as it violates Oregon law and shows negligence, though other factors may also influence liability determination.
If you suspect the other driver was distracted while driving, how can you (or your lawyer) determine if the other driver was using their cell phone at the time of the accident?
Your lawyer can subpoena cellphone records, review police reports, or use witness testimony and traffic camera footage to prove the driver was distracted.
In a distracted driving accident, how can I recover compensation for all of my injuries and property damage?
File a claim with the at-fault driver’s insurance, supported by evidence of distraction and damages. An attorney can help maximize your recovery.
Is it considered distracted driving to receive directions from an app like Google Maps? How about an Apple Watch?
Using navigation apps hands-free is generally allowed, but manually interacting with apps or an Apple Watch while driving is considered distracted driving in Oregon.
Where can I find additional educational resources on distracted driving?
Visit the Oregon DMV, NHTSA, or AAA websites for educational materials on distracted driving prevention and Oregon’s related laws.
Learn more about how to handle your Oregon distracted driving case.
Uninsured or Underinsured (UM/ UIM) Driver FAQs
What is an uninsured or underinsured driver accident?
An uninsured driver accident involves a driver with no insurance; an underinsured driver accident involves a driver whose insurance is insufficient to cover your losses.
How frequently do personal injury car accident cases involve at-fault drivers who are uninsured or underinsured?
About 13% of drivers nationwide are uninsured, per recent studies, and underinsured drivers are also common, especially in severe accident cases.
What is the law regarding an uninsured driver accident?
Oregon requires drivers to carry uninsured motorist (UM) coverage to protect against uninsured drivers, ensuring compensation for injuries and damages in such accidents.
How are uninsured driver accident cases (and lawsuits) different than a typical car accident case?
UM cases involve claims against your own insurance policy, requiring proof of the other driver’s lack of insurance and your damages, unlike typical liability claims.
What does it mean when my underinsured motorist coverage (UIM) is “stackable”?
Stackable UIM coverage allows you to combine policy limits from multiple vehicles or policies to increase available compensation for underinsured driver accidents.
Is an uninsured driver accident an indication of “who is at-fault” in causing the accident?
An uninsured driver is not automatically at fault; fault is determined by evidence of negligence, such as traffic violations or witness statements.
Where can I find additional information to protect my family against an uninsured or underinsured driver accident?
Consult an Oregon personal injury attorney or visit the Oregon Department of Insurance for resources on UM/UIM coverage and accident protection strategies.
Learn more about how to handle your Oregon uninsured or underinsured accident case.
Articles on Personal Injury Cases and Related Subjects
Oregon Car Accident Guide — Protect Your Rights and Maximize Your Financial Recovery
How to Prepare for your Deposition in a Personal Injury Case
Disclaimer: Information posted on this website is provided for educational and informational services to Oregon residents – it is not intended to be legal advice, as every case is unique and should be accurately evaluated.