Pain and Suffering

Pain and Suffering, Personal, Settlement

Loss of Consortium Claims

Legal matters as they surround personal injury may, on the surface, appear straightforward. A car accident is often assumed to have an “at-fault” driver – although these matters are often much more complex. Car accident injuries can have cascading effects that impact more than those involved in the accident. Family members, for example, can suffer the consequences, as well. When a spouse is unable to return to work, or hospital bills become unmanageable a person maybe suffering without their support or care. Read more about loss of consortium claims in personal injury cases.

What is Loss of Consortium?

The spouse of someone injured or killed in an accident can sue for damages based on loss of consortium. Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse’s services, and loss of society (within certain parameters).

Some jurisdictions recognize only spousal consortium (usually considered as sex), others recognize parental consortium (love and affection) and allow children to recover for the death or disability of a parent and vice versa. Since same-sex marriage became available in the United States, courts in that country have extended loss of consortium to these unions.

How Do Loss of Consortium Claims Work?

An injured person’s family members, typically spouses, may be able to recover their own losses in a personal injury or wrongful death case. In general, loss of consortium claims are not awarded unless the injured person dies or suffers a severe, longlasting, or permanent injury.

Usually, these types of losses are considered, or labeled “general” or non-economic damages. Non-economic damages can include:

Pain
Emotional anguish
Humiliation and embarrassment
Reputational damage
Loss of enjoyment of activities
Worsening of prior injuries

Typically, these kinds of losses (and their monetary value) are left to the discretion of the judge or jury. However, since these kinds of damages are also difficult to quantify, it’s best to consult with a Oregon personal injury attorney to verify or review precise monetary value for a loss of consortium claim or possible outcomes for your specific case.

Determining Loss of Consortium

There are many reasons to determine whether a loss of consortium claim may be warranted. Perhaps a spouse is suffering in a hospital after a major car crash. Disability may also be a cause of stress and worry after a catastrophic slip-and-fall event. Regardless of the situation, if your spouse was seriously hurt in an accident due to no fault of their own, your spouse probably isn’t the only one suffering.

As the husband or wife of an injured spouse, you have probably lost numerous spousal benefits, like loss of affection, loss of companionship, loss of spousal services and other types of losses. Having suffered these losses of spousal benefits, you may have the right to pursue financial claims against the party at fault for the accident. It’s important to discuss options with a qualified and experienced injury lawyer.

Proving A Claim

In order to receive financial compensation for losses of spousal benefit due to loss of consortium, including your name in the claim will be important. Since a loss of consortium claim is usually handled in addition to an existing injury suit, it’s important to qualify losses as they apply to the spouse suffering. For example, you will make various demands relating the spousal benefits lost.

The difficult part of any suit is proving loss and suffering. An experience injury lawyer will know how to properly document and file each form of loss. In order to gather evidence, it’s important to understand what to consider as a “loss.”

Unlike other areas of law, there’s no specific test or set of rules used to prove or calculate loss of consortium damages. The court would likely look at these and additional factors that can include:

Whether the marriage is loving and stable
If married couples lived with one another full time
Evidence that your spouse provided you with care and companionship
Proof or medical documentation and expert evidence that offers an estimated life expectancy
Various household services that your spouse performed prior to accident
Various activities that you and your spouse enjoyed together

Ryan Hilts Attorney At Law

If you believe you have a viable loss of consortium claim, it’s important to consult with a personal injury attorney in Oregon. Ryan Hilts provides supportive services for clients who have suffered from accidents, negligence, and more. In addition, our law firm has also represented family members who have suffered as a result of negligence. We can provide a free initial consultation and discuss possible compensation or viability for your loss of consortium claim.

We can help in the following injury cases:

For more information contact us directly at (503) 726-5960.

January 12, 2021/by

Article, Oregon, Pain and Suffering

Oregon Dog Bite Law

Dog bites happen all of the time. If you have been bitten by a dog and aren’t sure what to do next, then you must understand the laws and regulations that Oregon has for dog bites. By understanding these laws and regulations, you will be able to push your case forward and receive the compensation that you deserve.

If you are being sued for a dog bite that you weren’t responsible for, then learning about the laws and legalities that you can use is the next step you must take. That way, you won’t be forced to pay for damages that you were not, in any way, responsible for.

What Should You Do After Being Bitten By A Dog?

If you have been bitten by a dog, then you are able to file a claim within Oregon’s civil court system. By filing this claim, you will then be eligible to receive compensation, due to the dog bite and the effects that this dog bite has had on your life. But, for you to receive this compensation, you must file the claim properly.

Every state, within the United States, has a statute of limitations for personal injury claims. In the state of Oregon, that statute of limitations is two-years. Because of this statute of limitations, you must file a claim within two years of having been bitten by the dog. If you file it later then that, you won’t be able to receive any compensation.

The process of filing a personal injury claim is a little tricky. Above all else, you must organize the facts of your case. Make sure to record where you were bitten, the time that you were bitten, what the dog looked like, who the owner was, the injury you sustained; along with any other pertinent information. By organizing the facts of your case, you will have so much more to work with when you take your claim to court. But, if you don’t organize these facts, then it’s likely that pushing your case forward will be more of a challenge.

Once you have the facts of your case organized, it’s time to find an experienced legal attorney, who will then be able to file the claim and begin the lawsuit. While you can push your case forward without an experienced attorney, doing so isn’t recommended, due to the complexities of personal injury cases. By hiring an experienced legal attorney, and giving them the organized facts of your case, you will be working with someone who understands the law and knows how to help get you the compensation that you deserve.

The Oregon statute of limitations, for personal injury claims, including dog bites, is two-years.

Make sure to file a personal injury claim for the dog bite you sustained before that two-year period is over
Take the time to organize all of the pertinent facts of your case
State all facts such as the injury you sustained, where it happened, what time of day, the dog’s owner; and anything else that is relevant
To push your lawsuit forward, find and hire an experienced legal attorney that knows all about the law and can get you the results that you seek
Give your legal attorney the facts of your case so that they can file the claim and begin the lawsuit, allowing you to receive the compensation that you deserve

How Can You Receive Compensation From A Dog Bite Personal Injury Claim?

While filing a claim and finding an experienced legal attorney are both relatively easy tasks, receiving compensation from a dog bite personal injury claim is a little more challenging. By being aware of the laws surrounding dog bites and liability, you will have a much easier time working with your attorney and setting up a case that allows you to receive the compensation you deserve.

The state of Oregon relies on something known as a “one bite rule”. A one-bite rule is a rule that, essentially, gives a dog “one free bite”, before the owner can be held liable for the injuries that the dog caused.

If, for example, a dog is being walked along the street by its owner, and a man attempts to pet the dog and is bitten, then the owner of that dog won’t be held liable for that bite. But, after that, the owner is aware of their dog’s propensity to bite people and can be held liable for future bitings.

There are two factors, though, that will make the owner liable for the dog bite that you sustained, even if the dog has never bitten anyone before.

If the owner was aware of – or should’ve been aware of – the dog’s dangerous behaviors – behaviors such as menacing other people while not on the owner’s property and injuring/killing domestic animals, to name just two examples – then the owner can be held liable.

If the owner was negligent in using reasonable care to prevent the dog from biting people – not putting the dog on a leash or leaving the door open, to name two examples – then the owner can also be held liable.

While proving either one of those things can be difficult, there are a couple of things you can do that should make it easier. Taking the time to ask the neighbors who live near the dog about the dog’s behavior is a good way to ascertain the overall behavior of the dog. If the dog wasn’t kept on a leash, which led to the bite, or the doors weren’t shut, you can ask about that, too. Mail carriers, in particular, know a lot about the neighborhood dogs, so they’re great sources of information.

Being able to prove any one of those three things will make your case significantly more likely to succeed. That way, you can then receive compensation for the damages that you sustained due to the dog bite – damages such as medical expenses, pain and suffering, and lost wages; among various others.

The state of Oregon uses a “one-bite rule”

If a dog has never bitten anyone before and it bites you, then the owner can’t be held liable
If the dog has bitten before, though, then the owner can be held liable and you can receive compensation.
If the owner was aware of – or should’ve been aware of – the dog’s dangerous behaviors, then the owner can be held liable.
If the owner wasn’t taking any measures to prevent their dog from hurting other people – putting their dog on a leash, for example – then they can be held liable.
Asking the neighbors and mail carriers for that area about the dog can be held to prove either one of those things.
By being able to prove those things, you can receive compensation for the damages that came as a result of the dog bite.

What Legal Defenses Can You Use If You Are Being Held Liable For A Dog Bite?

If you are being held liable for a dog bite, there are three key legal defenses that you can, and should, rely on. These three legal defenses are as follows: proving that your dog was provoked, making use of the “one bite rule”, and showing the court that you were using reasonable care, rather than being negligent.

In the state of Oregon, the only exception to the dog bite laws and regulations is a provocation. If your dog was provoked – perhaps, someone was tormenting the dog or stepped on their paw – then they won’t be able to receive any compensation, since it was their own actions that lead to the dog bite.

With that being said, though, if the dog is known to be overly aggressive towards minor provocations – especially unintentional provocations – then it’s likely that you will be held liable.

As mentioned earlier, Oregon uses something known as a “one bite rule.” So, if you are walking your dog, using reasonable care to prevent your dog from harming anyone, and someone tries to pet your dog only to be bitten, then you can’t be held liable for that dog bite. But, that’s only if your dog has never bitten anyone, nor shown signs of violent and aggressive behavior.

Every dog owner in Oregon must take the precautions necessary to keep their dog from attacking anyone. If you are walking your dog without a leash or leaving the door in your backyard completely open, and your dog attacks someone due to not having those restrictions, then you can be held liable for negligence.

If the claim against you is that of negligence, then you can prove to the court that you weren’t, in fact, negligent. To do this, you need to organize all of the information that you have, regarding the facts of your case and the situation at hand. If the claim against you states that you weren’t keeping your dog on a leash, even though you were, make sure to write that down. If anyone saw you, at the same time, make sure to get a testimonial from them about how your dog was, in fact, wearing a leash.

There are three key legal defenses that you can use to get out of being liable for a dog bite:

The first is showing that the dog was provoked – either intentionally or unintentionally – which lead to the dog bite
The second is making use of the “one bite rule” by showing that you weren’t aware that your dog would bite and that your dog has never bitten or attacked anyone before
The third is proving that you weren’t, in fact, negligent and that you were taking the necessary precautions to keep your dog from attacking other people

Hiring an experienced legal attorney who specializes in Oregon dog bite law will make it so much easier to organize, prove, and present these facts to the court.

September 18, 2020/by admin

Oregon, Pain and Suffering, Personal

Premises Liability Oregon

Thousands of personal injury cases are brought forth every year in the state of Oregon. Many of these personal injury claims are filed due to injuries that took place on another’s property as a result of negligence. They can occur at either a place of business or on a person’s private property. Understanding premises liability Oregon cases can help ensure you get closer to the settlement you deserve. These cases are known as “premises liability cases.” They can include:

Slip and Falls
Inadequate Security
Construction or Contractor Negligence
Animal Bites

Premises liability laws are based on common law and statutory principles of negligence. Under Oregon law, property owners, managers, business operators, and others that are in control of general property have a legal obligation to maintain safe premises. If they don’t and someone is injured due to unsafe conditions, the property owner can be held responsible.

What Is Premises Liability?

Most of the personal injury claims filed in the United States are filed due to the negligence of a particular business or individual. Most of these injuries take place on a piece of property that is owned by a business or individual. For these personal injury cases, there is a concept known as “premises liability”, which refers to the unsafe conditions on someone else’s property and the legal obligations of the owner or manager to keep that property safe. If the owner or manager fails to adhere to these guidelines, and someone is injured, a lawsuit can and should be filed.

In the United States, most personal injury claims are filed due to the negligence of a particular business or individual. Many of these personal injury cases take place on a property that is owned by a business or individual who neglected to make the property as safe as possible.

For these personal injury cases, there is a legal concept known as “premises liability”. Premises liability is, essentially, a legal concept that refers to unsafe conditions on someone else’s property and the responsibility of that individual to keep their premises safe. In the United States, every landowner has an obligation to make sure that property is as safe as it can be. But, if that doesn’t take place, then a premises liability lawsuit can be filed, due to the unsafe conditions found on a property and the injuries that they have to lead to.

A wide variety of different personal injury cases can fall under the premises liability label. Slip-and-fall cases, for example, as well as swimming pool accidents, elevator accidents, and even dog bites. Each type of personal injury, within the cases outlined, is caused by an unsafe condition on someone else’s property that should’ve been dealt with.

Even if you, or someone that you know, was injured on another person’s property, that doesn’t necessarily mean that your premises liability lawsuit will succeed. For a premises liability lawsuit to succeed, it must be shown that the owner knew about the unsafe conditions – or should have known, within reason – and chose to do nothing. But, if that can’t be proven, then the premises lawsuit will, most likely, be unsuccessful.

Seek Representation for Premises Liability Oregon Injuries

A premises liability case greatly depends on proving that the property owner was truly negligent and, in turn, responsible for your injuries. Without this proof, your case will not succeed. By hiring a good lawyer, the process of proving your injuries, the negligence that took place, and who was liable for your injuries is much easier.

For a premises liability case to succeed, it must be shown the property owner was truly negligent and, as a result of that, responsible for your injuries. Without this proof, your case will not succeed and you won’t receive the compensation that you desire. But, if you hire a lawyer, the process of proving this negligence is significantly easier, and it’s far more likely that your case will succeed.

On a general level, there are three things that must be proven in a premises liability case. The first of these three things is that you were injured due to unsafe conditions on someone else’s property; the second of these three things is that the property owner was negligent in keeping their property safe, and the third of these three things is that you were actually injured. If you can’t prove just one of those three things – even if you can prove the others – then your case will not succeed.

Let’s say that you were in a slip-and-fall case—slip-and-fall cases are the most common personal injury cases in Oregon—at the gym. For your case to be successful, you must prove that you were injured. By hiring a lawyer, this is easier, since a lawyer will help you take photos, gather medical records, and even witness testimonies. That way, you can prove to the court that you were injured.

Right after that, your lawyer will then help you organize the facts of your case. With regards to the slip-and-fall example, they will help narrow down the details such as the circumstances of the accident and how the accident took place. That way, you and the court will know that the accident took place due to conditions that were unsafe. By hiring a good lawyer, all of this information will be clearly organized and delineated, making it easier for you to present the facts of your case in an objective manner.

For your premises liability case to truly succeed, it must be shown that the property owner was negligent in their duties to keep the gym safe. A good lawyer will be aware of Oregon’s laws and statutes, allowing for negligence to be proven based on the facts of your case and the laws regarding the situation at hand. Then, all of this information will be organized and delineated in a manner that allows for your case to be presented clearly and concisely.

Since all of your case’s facts are well-organized and can be presented eloquently, it’s far more likely that you will win your premises liability case. But, along with that, a good lawyer will help you negotiate a settlement that is fair, based on the facts of the case and factors such as medical bills and lost time at work. Without a lawyer, though, these facts may not be as clear-cut or well-defined, leading to a settlement that is far less than what you deserve.

What Are Some Common Mistakes That Are Made Without A Lawyer?

The best thing for you to do when beginning a premises liability case is to hire a lawyer. It’s more likely that mistakes are made without the help of an experienced Oregon injury attorney. By making these mistakes, your case has a much lower chance of succeeding, and it’s unlikely you will receive the settlement that you deserve.

For a premises liability case to be successful, the facts of the case must be well-organized and well-defined. If these facts are not well-organized or well-defined, it is so much more difficult for your case to succeed, due to confusion and uncertainty regarding the facts.

Many of the individuals who fail to hire a lawyer find themselves in that exact position. Due to not fully understanding their case, and how it pertains to Oregon’s laws and statutes, their case is disorganized and they fail to receive the settlement that they deserve.

Personal Injury Case Outcomes

In a personal injury case—not just a premises liability case—it isn’t uncommon for an insurance company or business to pay as little money as they can. Without hiring a lawyer, it’s far more likely that this will happen, and it’s also far more likely that you will accept this settlement. But, by hiring a lawyer, you will be able to know the true value of your premises liability case and the exact settlement that you deserve.

The last problem that must be mentioned is the fact that, in a premises liability case, negligence must be proven. If it isn’t proven, then the case won’t succeed. The people who don’t hire a lawyer can easily find themselves in a situation where they can’t prove that negligence took place or that the circumstances leading to the injury were caused by negligence. This is often due to a lack of understanding regarding Oregon’s laws and statutes, as well as the facts of the case being disorganized.

Regardless of your premises liability case, hiring a lawyer is always the best choice. Your premises liability Oregon case has a much higher chance of success with representation from a reputable injury attorney.

July 24, 2020/by admin

Oregon, Pain and Suffering, Pedestrian Accidents

Pedestrian Accidents FAQs

If you have been a victim of an accident or know someone who has, it’s important that you understand your situation and seek legal advice when necessary. There are many reasons individuals who have been involved in a pedestrian accident might seek representation from a personal injury lawyer in Oregon. For one, it’s important that you take steps in holding at-fault parties responsible for the negligence that resulted in a said pedestrian accident.

With the rising popularity of smartphones and larger cars, pedestrian accidents have become all too frequent. Still, many find that navigating the legal system can be complex and even overwhelming. Here are some helpful pedestrian accidents FAQs that may help to point you in the right direction.

What Qualifies As A Pedestrian Accident?

Both drivers and pedestrians have a duty to follow the rules of the road and exercise reasonable care. A pedestrian accident is an accident involving a pedestrian and a motor vehicle, bicycle, or even a horse. For example, if you are hit by a car while on foot, that would certainly qualify as a pedestrian accident. However, qualifying as a pedestrian accident doesn’t necessarily guarantee that a plaintiff (pedestrian) is automatically awarded compensation by the operator of the vehicle (defendant). In fact, during a pedestrian accident, the person on foot must prove that the defendant was at fault for negligence in some way, such as:

Speeding
Distracted Driving
Failing to Yield to Pedestrians at a Crosswalk
Disobeying traffic signs or signals
Failing to signal while turning
Disregard for traffic conditions
Driving under the influence

What Are The Most Common Pedestrian Accidents?

The most common pedestrian accidents occur during three events:

A driver is distracted while operating their vehicle
Driving while intoxicated
Pedestrian is walking along a crosswalk before the signal

There are other pedestrian accidents that are known to happen, but those are the three most common accidents. Each one of these has a different outcome, as the person at-fault may change depending on circumstances.

What Are The Pedestrian Traffic Laws For The State Of Oregon?

As a pedestrian, there are several traffic laws that you must obey. If there is a car approaching the road that you are about to walk across, they have the right-of-way and you need to let them pass. When you are using a crosswalk, you must obey the traffic control signs, and the same goes for any other road signs or signals. If there is an emergency vehicle, it has the right-of-way, and you must let them pass.

When you are walking near a road, you must use the sidewalk/pedestrian path.

What Should You Do Right After You’re Injured In A Pedestrian Accident?

One of the most common pedestrian accidents FAQs is what to do. If you’re injured in an accident, there are important steps you should take if capable. For example, you should follow a step-by-step process to ensure proper documentation:

take pictures of the accident
document your injuries
take pictures of the vehicle that hit you
get the license plate of the vehicle.
document eyewitnesses

If your injury is serious and you’re unable to take notes on your accident, it’s important to ask for assistance. Police can help aid in your case, or other witnesses that may have seen the accident occur and can testify on your behalf. You’ll want to file a report both with the police and DMV as soon as possible.

If I’m Injured, Should I Wait To Seek Medical Attention?

Do not wait to seek medical attention. You should visit your primary care doctor, urgent care, or hospital as soon as you can and depending on the severity of your injuries. If you’ve been badly injured, you should go to an emergency room.

When it comes to filing an injury claim, it’s important to receive medical documentation of your injuries as soon as possible, since that will make it easier for you to prove in court, and to your insurance company, the sheer extent of your injuries.

If You Are Injured In A Pedestrian Accident How Can You File A Claim?

This is an important pedestrian accident FAQ. Please ensure that you know how and where to file a claim for your injuries. In the state of Oregon, to file an injury claim you must go to your local DMV and file an Oregon Accident and Insurance Report. In this report, you’ll describe the accident that took place and the injuries that you’ve sustained.

When you’ve done that, you need to write down what you remember about the accident, and you also need to gather up any documents that you have. Ideally, these documents will be pictures, so that the insurance companies- and your attorney – understand what happened.

When you’ve done all of those things, you should hire a good attorney who will help you with your case and direct you on what your next steps are.

Why Is It Important To Hire An Attorney For A Pedestrian Accident Case?

Cases involving pedestrian accidents can be difficult due to the myriad of factors that must be considered. Factors such as establishing who was at fault for the accident, whether negligence took place, the damages that have been created, the compensation that you should be receiving, as well as various other factors.

An attorney will guide you on the proper course of action to make the entire process less stressful, while also making it far more likely that you’ll win your case and receive the compensation that you deserve.

What Is The “Statute Of Limitations” For Filing A Personal Injury Claim?

Statute of Limitations is probably the most common and important of pedestrian accidents FAQs. Please take note. In the state of Oregon, you have two-years from the day you were injured to either settle your claim or file a lawsuit. However, it’s best to contact an attorney as soon as you can, rather than waiting until the last minute. There are other time limitations for cases against public bodies and cases involving the defendant drinking at a bar. An attorney will know how to meet all the appropriate deadlines.

What Damages Are You Able To Receive Compensation For In A Pedestrian Accident Lawsuit?

In a pedestrian accident lawsuit, you are able to receive compensation for:

medical bills
lost wages as a result of the accident
compensation for pain and suffering

The compensation that you will receive depends on the claim that you are making, as well as the damages that took place.

Who Is Ryan Hilts?

Ryan Hilts is an experienced and well-regarded attorney who specializes in personal injury law for the state of Oregon. If you, or anyone you know, have been injured in a pedestrian accident, then Ryan Hilts can help you take your claim to court, so that you are able to receive the compensation that you deserve.

December 16, 2019/by