Oregon

Is the Settlement Payout Higher with a Personal Injury Lawyer After Legal Fees?

It is understandable that you might be nervous about contacting a personal injury lawyer. You may be wondering things like: “Do I really need legal representation?”, “My insurance company will handle everything for me, right?”, and “Aren’t personal injury lawyers expensive?

Whether or not you were injured as a result of being in an accident, you should still contact a personal injury lawyer for a free consultation. An experienced personal injury lawyer knows the intricacies of the legal system.  As such, he will make sure you are not missing any steps and he can give you sound advice on how to proceed.

Personal Injury Contingency Fee

Personal Injury and Contingency Fees

Personal injury lawyers are typically retained on a contingency-fee basis. A personal injury lawyer will only get paid if they are successful in getting you a settlement. Hiring a personal injury lawyer can help you get a better settlement offer than you would be able to achieve on your own.  Moreover, they will often front the legal costs associated with your claim so that you do not have to pay out of pocket.

There is evidence from several academic research studies that suggests that having a lawyer increases your settlement amount.

According to research done by the Insurance Research Council (IRC) titled “Paying for Car Injuries: A Consumer Panel Survey of Auto Accident Victims”, the insurance payment for accident victims who retained a personal injury lawyer was increased by forty percent compared to those who did not.

The influence of legal representation on insurance settlement payouts was the subject of a second IRC report titled “Auto Injuries: Claims Behavior and Its Impact on Insurance Costs” According to the IRC, eighty-five percent of all bodily injury insurance payouts go to clients who are represented by personal injury lawyers.

Furthermore, in the IRC’s study titled “Auto Injury Insurance Claims: Countrywide Patterns in Treatment, Cost and Compensation”, twelve different private auto insurance companies provided data on more than thirty-five thousand claims for injuries. The study stated that the involvement of a personal injury attorney has an effect on the amount paid by insurance companies for claimants’ medical bills.

The findings of the research studies and reports mentioned above, offer evidence that hiring a personal injury lawyer after an accident is a wise financial decision.

Ryan Hilts is an experienced attorney who handles personal injury, workers’ compensation, and automobile accident cases. Reach out to him at Ryan L. Hilts, Attorney at Law if you have been injured in an accident and wish to schedule a free consultation.

The risk of being involved in an auto accident does not go away just because you’re on the job. Jobs including truck and bus driving, contracting, delivery, and sales all demand regular travel for their employees. It’s not uncommon for an office worker to be requested to use their personal vehicle to do an errand. It’s no secret that auto accidents are a major contributor to the rise of everyday workplace injuries.

Common on the job activities that increase the risk of getting into an auto accident

It’s common to associate auto accidents with the commute to and from work. However, many people need to drive to and from work every day. Employment in many fields demands regular use of a motor vehicle, such as truck driving, mobile sales, sales agenting, traveling nursing, and caregiving.

Everyone hopes they won’t be involved in a car accident, but as per the most recent statistics released by the Oregon State Transportation Department, unfortunately car accidents are a common occurrence in Oregon as approximately 55,000 crashes occur annually in Oregon. Due to the prevalence of traffic accidents, people whose jobs require them to drive are at a much higher risk of being hurt in one themselves.

An employee who is injured in an auto accident on the job may be eligible for workers’ compensation even if the accident was not their fault. A few such scenarios where an individual may have a valid claim following an automobile crash include:

  • Injured truck driver
  • caregiver commuting from one workplace to another
  • Couriers
  • Sales associates en route to or from a customer appointment
  • Accidents involving utility workers and their work vehicles
  • Construction workers operating heavy vehicles

Oregon Work Auto Accidents

Are on the job auto accidents covered by workers compensation?

Most auto accidents that occur on the job are covered by workers’ compensation. Your workers’ compensation benefits will cover payment for any necessary medical care, time off work, or retraining.

But not all auto accidents on the job count as qualified accidents. As a workers’ compensation lawyer, I am frequently asked if an injured worker could file a claim if the injury occurred on the way to or from work. Unless the employee can provide evidence that travel is necessary for the performance of their job, the answer is likely to be negative. You can evaluate your claim possibility by asking yourself the following questions:

  • Was this a business trip?
  • Is regular travel a requirement of your position?
  • Do you get paid for the time you spend traveling for work?
  • Does your employer know if the auto accident happened on their property?

Get in touch with our experienced Portland workers compensation attorney who can offer a first free consultation and evaluate your case to advice you on the getting the best possible outcome and the highest amount of workers’ compensation.

I was involved in an automobile accident and suffered injuries. Do we file a claim with the state’s department of motor vehicles or with the state’s department of workers’ compensation?

If you are hurt while driving for work and file a claim, you may be eligible for workers’ compensation benefits and may also be able to sue the negligent vehicle driver.

Quick medical attention is necessary after any kind of injury accident. During the time of the automobile accident, you should have been at work, so be sure to let your doctor know this. The next step is to fill out Section A of Form 801 for Oregon Workers’ Compensation. You should keep a copy and have your company fill out and file the bottom section. Verify with your employer that they have submitted the paperwork to the workers’ compensation carrier.

Your workers’ compensation insurance provider will most likely mail you an incomprehensible letter within the next few days. The letter you might receive will request a response regarding the auto accident claim.  In the event that you do not respond to this letter within 60 days, the workers’ compensation insurer responsible for paying your medical expenditures will assume responsibility for the claim. If you decide to pursue the claim but wait more than 90 days to do so, the paying workers’ compensation insurer will take over the case.

Get in touch with our committed Portland workers’ compensation attorneys right away!

An experienced Portland workers compensation attorney has devoted their entire professional life to advocating for the rights of wounded employees and their loved ones. An experienced Portland workers compensation attorney takes the time to get to know their clients and their cases and fully comprehend their needs because they know the toll a work-related accident or sickness can take on an individual and his or her loved ones.

Our attorneys believe that informing injured workers about the workers’ compensation system is the best way to give them hope and relief. Our attorneys are proud to receive recommendations from other attorneys and organizations who recognize their dedication and value their expertise in handling difficult workers compensation matters.

Car accidents occur unexpectedly and can have life-altering consequences. Even seemingly small injuries can have far-reaching effects.  Fortunately, if you have been a victim of an Oregon car accident, then you can seek compensation for your losses, such as medical expenses and lost earnings, by filing a claim with the at-fault driver’s insurance company. After seeing a doctor, you should talk to an Oregon car accident attorney about your car accident case.

Our experienced car accident attorneys at Ryan Hilts Law can help ensure you receive the financial support you need to make a full recovery.  Your medical bills and lost wages should be paid for by the negligent driver’s insurance carrier.

Oregon Car Accident. Do I need an Attorney?

Oregon Car Accident Statute of Limitations

The right to sue in court may be barred by a state’s “statute of limitations,” which specifies a time frame within which a plaintiff must file suit.  According to Oregon Revised Statutes section 12.110, there is a two-year deadline for filing a car accident injury claim by a passenger, motorcyclist, driver, pedestrian, bicycle rider, electric scooter rider, or motorcyclist.  However, the deadline extends to three years in case of someone’s death as a result of a car accident. According to Oregon Revised Statutes section 30.020, a wrongful death claim can be filed by the deceased’s family member within 3 years. Further, according to  Oregon Revised Statutes section 12.080, you can file a claim seeking compensation for vehicle damage within six years.

Oregon Modified Comparative Negligence Law

A person commits negligence when his/her carelessness causes injury to another person. In general, states either use comparative negligence or contributory negligence for handling negligence cases. To put it simply, under the doctrine of comparative negligence, a defendant is only liable for damages proportionate to the degree to which he or she is determined to share culpability. Oregon follows a modified comparative negligence wherein if a plaintiff is judged to be fifty percent or less at fault, they will be awarded damages.

According to Oregon Revised Statutes section 31.600, if you were partially at fault for an accident, you can still make a claim and file a lawsuit to seek compensation for your losses. However, any award you receive must be reduced in proportion to the degree in which your negligence exceeded that of the defendant. Because there is no objective way to assign fault under Oregon law, settling on who is at fault comes down to your ability to convince a judge, arbitrator, and/or jury. Our Oregon car accident attorneys at Ryan Hilts Law can help you get compensation for an Oregon car accident.

Oregon Car Accident Reporting Requirements

 The Oregon Driver and Motor Vehicles Services mandate that drivers involved in a car accident must file an Oregon Traffic Accident and Insurance Report in case of death, vehicle damage exceeding USD 2,500, the vehicle is towed from the scene due to such damage, or injury to a person. In case you are in a car accident, you should immediately contact our Oregon car accident attorneys at Ryan Hilts Law to file an Oregon Traffic Accident and Insurance Report.

Oregon is a No-Fault State

Everyone hopes they will not be involved in a car accident, but unfortunately, car accidents are a common occurrence in Oregon, as approximately 55,000 crashes occur annually in Oregon. Oregon is one of the twelve no-fault states in the U.S. In a no-fault state, every vehicle owner should have Personal Injury Protection (PIP) coverage included in their auto insurance policy.  In the event of an accident, each Oregon resident is responsible for filing a claim with their own insurance carrier, regardless of who was at fault.

PIP is mandated in no-fault states. Minimum requirements for PIP coverage are set by each state. In the case of a car accident, PIP will cover medical expenses up to the policy’s maximum.  PIP is then reimbursed by the at-fault driver’s insurance.  In the event of an accident when the driver’s own insurance does not cover the whole cost of repairs, the driver may have to file a lawsuit against the other driver’s insurance company.

Many issues may arise during a case – the at-fault driver’s insurance company may not provide enough coverage. Insurance companies may try to settle a case for as little as possible.  It is highly recommended that you seek the advice of our experienced car accident attorneys at Ryan Hilts Law.  You may safeguard your right to just compensation by hiring our experienced Oregon car accident attorneys at Ryan Hilts Law.

Our experienced Oregon car accident attorney can be reached here.

If you have suffered an injury in a Portland car accident, the stress of your injuries could be challenging enough. However, when an uninsured driver causes those injuries, you must face additional questions that could impact your recovery. Questions can range from, who will pay for your medical bills? What if you miss work? Thankfully Portland and Oregon injury attorney Ryan Hilts has experience representing car accident cases such as these. The sad truth is, there are many drivers in Oregon who don’t have car insurance. Here’s what you need to know if you’re involved in an accident and the other driver didn’t have insurance coverage.

If you’re facing injuries due to another person’s negligence or wrongdoing, it’s important to seek counsel from a personal injury lawyer. Ryan Hilts Attorney at Law can help you seek fair compensation for an at-fault driver who doesn’t have insurance. Contact us today for a free consultation regarding your case (503) 726-5960.

Oregon No Insurance Car Accident

Oregon is a “Fault” Car Accident State

Like most states, Oregon is a “fault” car accident state.

This means that whoever is found to have caused the accident is responsible for any harm that results.

Penalties for Driving Without Insurance

If a driver is driving without insurance in Oregon there are fines that can range to thousands of dollars, their license can be suspended, their vehicle towed, and convictions can result in having to file proof of insurance with the DMV for three years.

 

DUI Personal Injury Settlements

No Pay, No Play Rule

Oregon is also a state with a “no pay, no play” rule.

If you do not have auto insurance at the time of an accident and if you’re struck by another motorist, you are limited in what you can recover.

You cannot collect “non-economic” damages like pain and suffering. However, economic damages such as medical bills and lost wages will be covered. There are also exceptions to this rule which allow for recovery of non-economic damages, including the defendant driving while intoxicated or driving recklessly.

Oregon Accident Automobile

If you’ve been struck by an uninsured driver you’ll likely want to retain a personal injury lawyer.

The personal injury lawyer can review the facts of the case, collect information and support for the damages you’ve suffered and build a case against the Uninsured Motorist Coverage policy.

No Car Insurance Oregon Accident

What to Do if You’ve Been Struck By an Uninsured Motorist in Oregon

If you’ve been involved in an accident, the first step is to call the police and exchange insurance information with the other driver.

As with any accident, but especially when dealing with an uninsured driver, you’ll want to collect hard copies of as many facts of the accident and subsequent damages as possible. Medical bills, visits with therapists, counselors, physical therapists, and other service providers, lost wages from work and any evidentiary support that can be used to collect damages.

Finally, you’ll want to retain a personal injury lawyer to review the case and assess what you’re entitled to. All Oregon Insurance policies contain Uninsured Motorist coverage. This means if you are struck by someone who is uninsured, you have insurance coverage through your own policy. In an accident with an uninsured motorist in Oregon?

personal injury lawyer portland

Typically, the law requires you to file an accident report if it results in personal injury, death, or property damage. But what about Oregon? Here’s all you need to know.

What is a Police Accident Report?

Also known as an incident report, an accident report is a formal record of the facts related to a vehicle accident.

The report outlines details like:

  • What has occurred
  • Who was involved
  • Where the accident occurred
  • Date and time of the incident

An accident report also provides contact information of those involved in the accident including drivers and passengers.

Contact information for anyone who witnessed the accident is also included in the accident report.

filing an accident report

Who Creates a Police Accident Report?

The police officers who are called to the scene of the accident fill out an accident report. Sometimes accident experts are also required on the scene to investigate causes and to recreate the accident events.

What is Included in a Police Report

The police report may contain a statement about who was at fault. This statement is based on police professional judgment.

It is a misunderstanding that all accident reports determine fault. The police report often does not assign blame or ticket drivers.

Police reports may include such important details as:

  • Accident details including date, time, and location of where the crash occurred
  • Driver statements: These may include the fault for the accident.
  • Contact details regarding insurance information.
  • Eyewitness information and contact data.
  • Written details from the officers regarding what they were told about events that led to the accident.
  • Police officer conclusions regarding the accident’s cause are based on eyewitness reports and other evidence.
  • Injuries observed at the accident scene.
  • Description of vehicle damage.
  • Weather and road conditions at the time. These may  be used to formulate conclusions about how and why the accident occurred
  • Diagrams and pictures of the scene. These are used to prove the severity of the accident, property and vehicle damage, and injuries.
  • If tickets were issued proving evidence of driver negligence.

When Should You Call Police to the Scene of an Accident?

In some states, even if an accident seems minor, you are legally required to call the police. If they cannot come to the scene, you can report the accident at the nearest police station.

In other states, an official police report is required only if damage to vehicles or property exceeds a specific amount or there are injuries.

Even if an accident seems minor, it is wise to call the police to the scene of an accident. Many times, vehicle or property damage that appears minor can prove costly.

Why are Police Accident Reports Important?

A police incident report is proof that an accident occurred.

The accident report notes the driver or weather causes of the accident. If you sustain an injury, this information may help your lawyer prove your injuries were caused by the accident. In cases of lawsuits, these data are crucial evidence.

If you decide to seek compensation for the damages you suffered, having the details of the accident is vital to your claim.

Is Oregon an At-Fault State?

Yes, Oregon is an at-fault state.

This means that the person who committed a driving error is responsible for injuries and damages.

However, Oregon’s insurance policies must include a built-in provision called personal injury protection (PIP). As writer Mark Fitzpatrick notes, PIP insurance is mandatory in Oregon if you are driving any vehicle except a motorcycle.

A PIP policy has to provide a minimum of $15,000 of coverage per person injured in an accident. This money may be used to cover such accident-related costs as medical bills and lost wages of the driver or passengers involved in the accident.

when to file an accident report

What is an Oregon Traffic Accident and Insurance Report?

In Oregon, according to the Department of Transportation, you must file an accident report with the Department of Motor Vehicles. This Oregon Traffic Accident and Insurance Report must be filed within the first seventy-two hours after the accident.

Unlike a police report, an Oregon Traffic Accident and Insurance Report, required by the Oregon Department of Transportation, is filed by the drivers involved in the incident. This report must be filed with the Department of Motor Vehicles under certain conditions.

The Law Requires You to File an Accident Report If…

  • Damages to vehicles involved in the incident are in excess of $2500. This report must be filed even if only one vehicle was involved.
  • A vehicle must be towed from the accident scene, the report must be filed.
  • An injury or death occurred as a result of the accident the form must be filed.
  • Damages to property at the accident scene exceed $2500, a report must be filed.

So, in most cases, the law requires you to file an accident report if it results in personal injury, death, or property damage (exceeding a certain amount).

What Happens If a Report is Not Filed?

If you fail to file an Oregon Traffic Accident and Insurance Report, the Department of Motor Vehicles will suspend your license.

What About if Damages Were Under $2500?

If damages in an accident do not exceed $2500, you are not required to file an Oregon Traffic Accident and Insurance Report. If the other driver is not insured, you should file a report. Note in this report that it does not meet the $2,500 reporting criteria.

Are Police Reports Admissible in Court?

No. Police reports are considered hearsay. The police did not witness the accident.

However, police reports can provide details from witnesses who saw the accident. These witnesses can testify through deposition or at a trial.

the law requires you to file an accident report if

Why Seek Legal Representation After an Accident?

Whether you are injured or you simply have suffered vehicle damage, you are smart to call a lawyer who specializes in personal injury cases.

If you were injured in a car accident, you need legal representation. Furthermore, you need an attorney who specializes in personal injury claims.

Lawyers who deal with accident reports and personal injury suits are best equipped to protect your rights and get you the best compensation possible.

With injury attorneys like Ryan Hilts Law, you can trust that your interests are being well represented. You can focus your time and efforts on recovery.

Ryan Hilts Law specialists have a proud history of helping accident injury victims get maximum compensation for pain and suffering, medical bills, and loss of work earnings.

Let’s discuss whether you have a claim for compensation. Request a free consultation from our experienced legal team.

Of course, everyone wants to avoid car accidents, but sometimes they happen. It’s best to be prepared if and when an accident occurs, so when it comes to who’s at fault and if Oregon is a no-fault state, here’s what you’ll need to know.

What is a No-Fault State?

Ashlee Tilford’s article notes that a no-fault state is one in which drivers have insurance that will cover injuries and damages to their car, driver, and passengers.

“No fault” means that it doesn’t matter who caused the accident. Everyone must file a claim with their own insurance company in case of an accident.

All drivers must have personal injury protection coverage as part of their vehicle insurance policy.

getting in a car accident in Oregon, an at-fault state

Which States are No-Fault States?

Currently, there are twelve no-fault American states.

These include:

  • Florida
  • Michigan
  • New Jersey
  • New York
  • Pennsylvania
  • Hawaii
  • Kentucky
  • Massachusetts
  • Minnesota
  • North Dakota
  • Utah.
  • Puerto Rico also has no-fault insurance laws

How Does No-Fault Affect Insurance?

In no-fault states, personal injury protection coverage is required. Each state decides on a minimum personal injury protection coverage. Personal injury protection coverage pays up to a certain amount on medical bills for the driver and passengers in the event of an auto accident. 

However, in cases of major vehicle damage and/or serious and/or permanent injuries, these may be only partly covered. Drivers might have to try to recoup losses not covered by their insurance by suing the driver who was legally at fault and the insurer of the vehicle he/she was driving.

So, when it comes to insurance, the question of whether Oregon is a no-fault state comes into play with coverage.

car accident Oregon

Is Oregon a No-Fault State?

No – Oregon is an at-fault state.

This means that the driver who caused the accident is liable.

His/her insurance company has to cover repairs, medical costs, and all other damages that result from the accident.

An at-fault state, like Oregon, is also called a tort state. The blame and financial responsibility are placed on the driver responsible for the accident. The insurer of the car he was driving is liable for the other driver’s losses, including medical bills and property damage.

In Oregon, police officers who are called to the accident will determine who is at fault.

However, each policy has a maximum on damages and medical costs. If your claims exceed this maximum, you will have to sue the driver for the additional costs. In an at-fault state, like Oregon, ITC notes that you are allowed to do this.

Oregon has some provisions built into their insurance. Personal injury protection means that if you suffer injuries and/or vehicle damage in an accident that was not your fault, you can file a claim through the at-fault driver’s insurance company. That company must pay compensation. You must prove liability.

At-Fault vs. No-Fault Insurance

Pros of No-Fault Insurance

No-fault insurance states do not recognize one driver to be at fault for an accident. What happens instead? Both car owners in a crash work with their insurance companies to get medical and car repair compensation. 

If you have passengers in your vehicle, they would go to their own car insurance companies for payment of medical bills or other loss of work income as a result of their injuries. 

One of the strengths of no-fault insurance is that you do not have to wait for the other driver’s insurance company to process payments for vehicle damage or medical costs. Claims are covered quickly and without hassle.

It might also save you the cost and time of suing to recoup compensation.

In no-fault insurance, you decide the maximum amounts of coverage on your vehicle and personal injury. You are not at the mercy of the other driver’s insurance limits. 

In no-fault insurance, there are some exceptions to this. If one party has significant property damage exceeding a specific amount or if one party sustains debilitating injuries or has a permanent physical disability, these cases are deemed exceptions.

In such extreme cases, no-fault states allow third-party lawsuits to be filed against the driver who was deemed responsible.

Even though it is no-fault insurance, legally, the fault is assigned. When police are called to the scene of the accident, they will investigate. They report. They do not assign fault. That is up to your auto insurance company. They assign fault or no fault. 

Your car insurance company will assign a percentage of fault to each of the drivers. This helps the companies determine fault. Each driver can be found to be 0% to 100% at fault for the accident.

Cons of No-Fault Insurance

As Nofaultinsurancequotes.com notes, a major drawback of no-fault insurance is that you have to claim against your own insurance company—even if the fault was not yours. Your insurance rates will most likely go up.

Another con of no-fault insurance is that the driver who caused the accident cannot be sued—except in unusual cases. While costly lawsuits are avoided, drivers who caused accidents are rarely held accountable.

 

car accident Oregon

Pros of At-Fault Insurance

The biggest pro is that bad drivers are held accountable. If you were not found at fault your insurance record is clean and your premiums don’t go up.

Cons of At-Fault Insurance

The downside is that claims may take a long time to get processed. Lawsuits often result. These are costly, stressful, and time-consuming for a driver who had nothing to do with causing the accident.

In the event of the at-fault driver having low/mild personal injury and/or liability coverage, you might end up suing him/her for damages. You may never recover your costs.

Things to Be Wary of in Oregon State Fault Insurance

The insurance payout from the insurance company of the at-fault driver may not be enough. Your losses may exceed the maximum amount of the insurance policy.

The company may be trying to reach a low settlement.

For these reasons, it is always wise to engage the services of a personal injury attorney. With a skilled lawyer, your rights to a fair settlement are protected.

You also need to be wary of time limits on making claims. Suing the other driver and/ or the insurer of the vehicle he/she was driving the company is time-sensitive. Your lawsuit must be filed in under two years of the accident date.

Ryan L. Hilts warns that Oregon personal injury law is neither simple nor easy. His firm urges those who are making accident claims to hire an attorney with several years of experience in personal injury law.

 

If you have questions about making a claim against an Oregon driver, or if you have any other questions like if Oregon is a no-fault state, contact Ryan Hilts Law at (503) 726-5960 or at RYAN@RYANHILTSLAW.COM for more information.

 

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.

Fierce german shepard dog showing teeth and barking

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.

aggressive small dog

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.

Oregon dog bite law

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:

  1. The first is showing that the dog was provoked – either intentionally or unintentionally – which lead to the dog bite
  2. 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
  3. 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.

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:

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.

oregon premises liability

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.

premises liability injuries

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.

premises liability oregon

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.

Being involved in a car accident can feel frightening and overwhelming. First and foremost, in the event of an emergency, always call paramedics if you’re able, or take yourself or others involved in an accident to be treated for any injuries sustained in the accident. Even with accidents being commonplace on the road, many are still wondering, what happens after a car accident? While the situation may vary depending on the circumstances of the accidents, it’s important to know what to avoid soon after an accident.

car accident avoid these mistakes

If you’ve recently been involved in a car accident in Oregon, contact Ryan Hilts for personal injury representation. We offer guidance on how to address the following mistakes. For a free case review, send us a request here

Failing To Document The Car Accident

When you are involved in a car accident, it’s very important that you or someone else involved knows the details of the accident. When you file a claim, you’re going to need to explain the accident and what took place. If you’ve been injured, first seek medical attention, but try to enlist a witness to help you document for a later date.

Make sure that you or someone who witnessed the accident can:

  1. Take pictures of your vehicle, and any damage that is sustained
  2. Take pictures of the other person’s vehicle, and any damage that their vehicle sustained.
  3. If you were injured, or if there was any other property damage, you should also take photos.

This information will provide the basis for both a DMV Report and any kind of claim or lawsuit. Other items that you should always make note of after a car accident:

  • Record the date and time of the accident
  • Remember the road you were driving on or the address where the accident took place
  • Note the direction you were driving and the direction of the other vehicle involved
  • Pieces of information and details of how the accident took place

What happens after a car accident is that most people are temporarily distracted either by the shock of the accident or from injuries. Things tend to happen very quickly and it’s easy to forget minor, but still very important, details of the accident. For this reason, if possible, it’s best to utilize your phone to take proper documentation.

mistakes to avoid after a car accident

Driving Away

What happens after a car accident? You should call 911. Even if the car accident resulted in no injuries and very little property damage, it’s a good idea to call 911.

When you do that, the police will sometimes come and make a police report. Using that police report, you’ll have access to some very important documentation regarding the accident, which will make it easier to file a successful claim.

Waiting Too Long To File A Report

In the state of Oregon, if you were involved in a car accident where more than $2,500 worth of property was damaged, then you must file an Oregon Traffic Accident And Insurance Report within 72-hours. 

Not Seeing A Doctor

Unfortunately, injuries are a very common byproduct of car accidents. If you have been injured you should see a doctor.

While you’re seeing the doctor, a medical report will be created. If you have been injured, and you would like to file a claim, then you can use that medical report to aid in filing the claim. If an insurance company sees that medical report, and sees that your injuries are, in fact, serious, then they are far more likely to give you the compensation that you deserve.

oregon car accident lawyer

Throwing Away Items That Could Be Potential Evidence

Just as it’s very important for you to document and take photos of the car accident, it’s also important that you keep anything that could be used as evidence for a claim or lawsuit.

Failing To Organize Your Documentation

If you are filing a claim, it is extremely important that you organize all of the documentation you have. Make sure you have all of the basic facts written down and recorded, pictures that are labeled and organized, all of the pertinent insurance information, as well as any records from the doctor, your place of employment, your insurance provider, and the police station.

Without this information being properly organized, it will make the process of filing a claim a lot more challenging. Plus, if you hire an attorney, they will need all of that information organized, so that they can pore through it quickly, and determine the best course of action.

Filing A Claim Without An Attorney

Filing a claim – such as a personal injury claim – without an attorney can be very risky and time-consuming. More often than not, it really doesn’t pay off, due to the complexities and nuances of most car accidents and the intricacies of the legal system.

Instead of filing a claim without an attorney, you should contact a good attorney, who will walk you through the process of organizing all of your documentation, filing the claim, and then taking the claim to court and receiving the compensation that you deserve.

what to do after an accident

Accepting A Poor Settlement

More often than not, insurance companies attempt to pay as little money as they can get away with. But, you don’t need to accept a poor settlement. Instead, you can work to reach a settlement that is ideal for you.

To do that, it’s best to work with an attorney. Working with an attorney will make it easier to receive the settlement that you deserve, because the attorney will work directly with you and help you navigate the entire process. In fact, on average, individuals who file a claim while working with an attorney receive $60,000 more.

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.

getting hit in a crosswalk

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:

  1. A driver is distracted while operating their vehicle
  2. Driving while intoxicated
  3. 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.

avoiding pedestrian accidents

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.

pedestrian accidents faqs

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.

getting hit as a pedestrian

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.