Under Oregon Revised Statute 20.080, a person injured as a result of another’s negligence can make a written demand to recover damages of up to $10,000 on the at-fault person and the at-fault person’s insurance company. The demand must include all related medical records, medical bills, and any other losses. The other party then has thirty days to make their best offer.
If after thirty days the other party does not respond or refuses to settle, the injured claimant can file a lawsuit against the at-fault party. If the injured person recovers more than the offer made by the at-fault party, the at-fault party must then pay the amount awarded, and in addition pay for the injured claimant’s court costs and attorney’s fees.
Because ORS 20.080 provides for attorney fees, many personal injury attorneys have incentive to take some “smaller” cases that they may not have normally taken. The goal of ORS 20.080 is not to take small cases into litigation, but rather to motivate insurance companies to resolve these cases with fair offers. If they do not make a “fair” offer and you prevail at arbitration or trial, the insurance company has to pay hourly attorney fees dating from the time you initially contacted your attorney through the conclusion of the case. We have had great success in handling ORS 20.080 cases. Ryan Hilts is a personal injury lawyer in Lake Oswego and serves as a personal injury attorney in the Portland area. For more information, on the Oregon Revised Statute 20.080, contact Ryan today. You can also email directly to email@example.com.