Oregon

,

Oregon Pain and Suffering Law

It’s always a challenge to deal with the aftermath of a personal injury, and the last thing most people want to handle is the legal situation regarding reimbursement and other payment. Fortunately, the state of Oregon has quite favorable laws in this area, and there’s one particular concept which can really help: pain and suffering.
Oregon Pain and Suffering Law

Definition of Pain and Suffering

 

Pain and suffering can be broken into two categories:

  • Physical – actual pain in your body
  • Emotional – psychological ailments which occur in your mind

It’s possible to file an insurance claim for these, but they aren’t the only compensation you may receive.

“This amount is separate from lost wages and other medical expenses, such as x-rays, medications, and hospital visits.”

Oregon Pain and Suffering Law

 

The law is designed to compensate injury victims for various purposes. In this case, the payments are made in the form of damages, and they are easily explained in the following quote:

“In general, damages are money awarded to a party in a civil lawsuit for any losses or injuries that are caused by others.”

Here are some examples of economic damages:

  • Charges for medical and rehabilitation procedures necessary because of the injury
  • Loss of income due to the injury
  • Costs due to the loss of property because of the accident
  • Damage to a reputation (which will result in monetary loss)

Here are some examples of non-economic damages:

  • Physical and mental pain
  • Emotional stress
  • Humiliation and reputation damage

Oregon Economic and Nonecomoic Damages

Oregon Economic and Noneconomic Damages

Pain and suffering must be proven to be as a result of the accident, but there is no standard way to calculate it.

”The degree of pain and suffering an individual experiences can vary greatly from person to person.”

You will be required to prove that whatever pain and suffering you have was caused by the accident, and you will need to have appropriate documentation and testimony to prove that.

Oregon Limitations on Pain and Suffering

There are multiple aspects of the Oregon laws which place restrictions on pain and suffering damages, so you need to be aware of these as early as possible.

  • Time: There is a specific time limit in which you have to file your lawsuit.

“In Oregon, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to civil court and file a lawsuit. (Ore. Rev. Stat. section 12.110(1)).”

  • Caps: There are limits to the amount of the damages you can ask for.
  • Shared Faults: If it can be argued that you shared some of the fault for the accident that happened, this can be used against you (and it may reduce the amount of the damages accordingly).
  • Government: If your claim is against the state government (or an employee), then different rules apply. For example, you only have 180 days to file a Tort Claim Notice – not 2 years.

Pain and Suffering Formula

How To Calculate or Measure a Pain and Suffering Settlement:

Economic damages are easier to calculate than non-economic, but there are methods to determine both types.

To calculate economic damages, you just need to have proof. You can show medical bills, the amount of salary you would have been paid for working those days, and similar information.

Non-economic damages are more complicated.

There are a number of approaches that insurance companies take when calculating pain and suffering as part of an injury settlement.

It’s a good idea to keep any receipts and bills you have because of your injury. Here are some examples of what are commonly used:

  • Medical bills
  • Prescription documentation and receipts
  • Proof of lost wages
  • Photos/medical reports about injuries

In general, the more you can provide, the better.

Why Ryan Hilts Is The Right Attorney For You

Insurance companies are experts at fighting these claims, so it pays to have an experienced and understanding lawyer by your side.

The process of filing a claim for pain and suffering in Oregon gets more complicated based on the severity of the injury, but it is never an easy one to do. I’ve helped countless people through this difficult time, and they were able to get back to things that meant the most to them in their lives – with an appropriate amount of compensation.

/0 Comments/by
,

What to do if you get into a car accident in Oregon?

What To Do in A Car AccidentBeing involved in a car accident is something that we all hope to avoid, but it can, unfortunately, happen to anyone. To be on the safe side, it’s best to be prepared in case you find yourself in such a bad situation.

Do you know what to do if you get into a car accident in Oregon? Follow these pieces of advice, and you’ll be much better off.

Remain Calm

The first thing you should always do, no matter how serious the accident is, is to not panic. You or the people you care about could be injured, and you’ll need to be thinking clearly to help. Even without injuries, minor mistakes can cost a lot of money or legal trouble down the road.

Don’t Leave

This one is fairly obvious, but driving away from an accident is one of the worst things you can do. No matter how severe the accident or who’s to blame, you have to stop and assess the damage with anyone else involved. You can get into serious trouble if you don’t follow the appropriate procedures.

Find Out if Anyone is Injured

Checking on the health of everyone is the first action you should take after a car accident. If anyone is injured, getting them medical attention is the top priority.

Move Out of Traffic (In Non-Serious Accidents)

Oregon Car AccidentIn very serious accidents, or those in non-crowded areas, you may not have much choice but to leave your cars where they are. But, if you have a minor accident on a busy road, it’s usually best to move your vehicles to a safe area. If possible, take pictures before moving, but don’t risk your safety by remaining somewhere where other cars may hit you.

Place Warnings Signs

To help keep yourself safe, you should set up flares, traffic cones, traffic triangles, or any other noticeable objects on the road behind where your cars are.

You should plan ahead for this. You can buy these at any automotive shop, and you should keep a selection inside your car to be prepared. At the same time, it’s wise to keep a first aid kid and some emergency clothes in case of inclement weather.

Inform the Police

Oregon Car Accident AdviceYou’re required by law to inform the police about any accident you have. Also, it doesn’t matter who you believe is at fault, you should tell them everything with complete accuracy. They’re likely to find out the facts eventually, so any lies you tell could come back to haunt you.

It’s also a good idea to record the names and badge numbers of any police officers that are at the scene of the accident. This can sometimes be helpful later on if there are any problems.

Call a Lawyer

If you’ve been injured or sustained serious damage to your car, you should absolutely call a lawyer immediately. There are certain actions that need to be taken, and many of them need to be done as soon as possible.

Even if it seems relatively minor, it’s a really good idea to consult with a lawyer to make sure you aren’t missing anything. A legal expert will be able to tell you if you are eligible for any benefits, and they’ll be able to prepare for any trouble you might face.

Exchange Insurance Information

Even if the police record the insurance information of the other people involved in the accident, make sure you get it, too. Insurance companies are notorious for trying to get out of paying, and you need to be able to tell them exactly who the other drivers were.

Also, make sure that all the documents match. If the registration or insurance of the car doesn’t match the name of the driver, record all of the different names and contact information.

Take Photos

Don’t ever rely on others (including the police) to send you photos after the accident. If you need to prove the truth about what happened, it’s best to take them yourself.

Don’t Admit to Anything

As already mentioned, you should be completely honest with the police. But, that doesn’t mean you have to admit to being at fault for anything. It’s natural to want to apologize in a traumatic situation, but there are many cases where you may think you’re the one who caused the accident, and the law doesn’t. Tell what happened, but don’t ever say you were responsible for the crash.

Look for Witnesses

Witnesses can be incredibly valuable after a car accident. They are normally unbiased, and they had a different view than anyone involved in the wreck. Record the names and contact details of anyone who saw what happened.

Talk to Your Doctor

If you have any pain or injuries, immediately seek medical attention. But, you may have suffered some form of injury even if you don’t feel it. Many issues take time before you’ll notice the symptoms, so it’s best to go get checked by a doctor as soon as possible after the accident.

This is extraordinarily important because as time goes on, it’s much harder to prove that the accident caused your health problems.

Don’t Be in a Hurry to Leave

It can be tempting to want to get away as soon as you can, but be patient to make sure you do everything necessary before leaving the scene of the accident.

You Don’t Have to Go Through This Alone

No matter how severe, car accidents are traumatic experiences. The good news is that with a quality lawyer, you have a caring expert by your side through the whole process. I’ve helped a ton of people through situations they hoped never to be in, and I understand how hard it is. But, please know that the sooner you contact me, the better legal assistance I can offer you.

Drive safely!

/0 Comments/by

17 Photos That Prove Oregon is The Most Beautiful State

The United States offers a ton of natural beauty. From Alaska to Florida there’s a variety of stunning landscapes from mountains, to forests, to beaches. The question of which is the most beautiful state in the country is up for debate and many people claim their state is the best one. While there’s no real way to prove which state is the most naturally beautiful, our (admittedly biased) opinion is that Oregon is like nowhere else in the USA. We are extremely proud of where we work, live, and spend the majority of our time. We’ve scoured Instagram to put together some photos that try and prove our case! We truly believe Oregon is the most beautiful state in the country and here’s our evidence why.

A photo posted by Camille Gauguin (@oh.cest.ca) on

A photo posted by Cassia Peterson (@cassiapete) on

A photo posted by Irina Bakun (@isbakun) on

A photo posted by Femke van Hilten (@enzooi) on

A photo posted by Amanda (@myoregonjourney) on

A photo posted by Adam Mccabe (@shakiro_850) on

A photo posted by Shantana Nagy (@shantana.lee) on

A photo posted by James (@portland_james) on

A photo posted by @haileys.adventures on

A photo posted by ️Derek Nash (@nashtyimages) on

A photo posted by @haileys.adventures on

A photo posted by Lindsey (@lindseyfilm) on

Need an Oregon personal injury lawyer? Look no further! Ryan Hilts provides you with professionalism, personal service and experience. Contact Ryan Hilts today or learn more about Ryan Hilts here!

/0 Comments/by

Worst City To Drive In: Portland?

Portland, Oregon is a great place, and there are a lot of major benefits to living here. Unfortunately, one of the few negative aspects is the quality of drivers in the city. Most people are more than capable behind the wheel, but that still leaves a high number of those who cause trouble for the rest of us. Hopefully this problem isn’t something that will scare you out of the area, but it’s important that you know your options and have help in case you ever find yourself in an accident involving a bad Portland driver.

Portland Is Worst City To Drive In

“Portland is the Worst City in the US to Drive”

There are a lot of jokes in Portland about it being the worst city in the US to drive in, but a recent study shows that it might not be such a laughing matter. Allstate Insurance released their annual report that tracks the best drivers in 200 cities, and Oregon’s largest city wasn’t very proud of how low it ranked on the list. Portland came in at 181 out of the 200, but that’s close enough to the bottom to make it feel like the worst city in the US to drive in. The only positive news about the ranking is that the city moved up two spaces from last year, but that doesn’t do much to stop the feeling that Portland is the worst city to drive in.

How to Stay Safe with Bad Drivers

The bad news is there isn’t much you can do about other drivers not being skilled enough behind the wheel. You can practice defensive driving, but sometimes there’s no way to avoid a collision if the other driver is making mistakes. Do everything you can to keep yourself safe, and just be aware of what to do if you are involved in an accident.

General Car Safety in Portland

Much of car safety is common sense, and a lot of us learn it at a young age. High on the list in recent years is the reminder to not drive distracted, and especially don’t send text messages when cruising down the road. Also, don’t play music so loud it will become distracting or cause you not to hear emergency sirens and other warning sounds.

Make sure to get regular maintenance on your car, and wear your seatbelt at all times. Take extra caution in bad weather, and ask your passengers to help watch out for anything unexpected. Always wear glasses if you need them.

Overall, relax but be cautious whenever driving.
Portland Bad Drivers

What to Do If You Have an Accident

If you’re involved in a car accident, there are a lot of things to keep in mind. The most important, though, is to remain calm and make sure that no one is seriously injured (call and ambulance immediately if they are!). Next, don’t leave the scene, but move the cars to safety if it’s necessary. Call the police even if the damage is minor, and know that a police report can really help your chances of proving you weren’t at fault. Collect as much information as you can about the others involved in the accident, and take pictures of the whole scene with your own camera. After it’s done, contact your insurance company and a lawyer.

Worst City To Drive InPedestrians Also Need Help

Keep in mind, all of these accidents aren’t limited to drivers. Pedestrians are often injured by cars, and they can get the same assistance and payments from insurance companies. Always be aware of your surroundings while walking, but if you’re hit by a car, follow the same steps as you would if you were in an automobile accident.

Personal Injury Lawyers

The purpose of a personal injury lawyer is to represent anyone who has been injured as a result of negligence or wrongdoing by someone else. However, this doesn’t mean that we can only help you with physical injuries. Psychological damage often occurs in certain situations, and it’s really common among victims in car accidents. Personal injury lawyers will be able to fight on your behalf to help get you what you deserve for any of these damages.

Don’t be intimidated by the person who caused the accident. It doesn’t matter if they are a normal individual, a company, or some sort of government agency. The law is written in a way to make sure everyone can be held accountable for causing injury to others.

Need Help with an Injury?

If you have been injured as result of one of the famously worst drivers in Portland, please get in touch! Insurance companies professionally deal with these cases on a daily basis, and they’re incredibly skilled at taking advantage of victims by paying out as little money as they possibly can. But, you don’t have to fight this battle alone. The law office of Ryan Hilts has a lot of experience in helping people recover from personal injuries and moving forward with their lives.

/0 Comments/by