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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Personal Injury for Oregon on
Q: I signed a contract under duress in a suicidal psychotic state that can be verified by my doctor. Can it be dismissed?

I signed a document under duress during a bipolar episode which my doctor can verify.

An animal shelter OBTAINED PROPERTY of pecuniary significance (a doctor prescribed emotional support animal) BY FALSE PRETENSE from an incapacitated person (in a mixed suicidal depressive psychotic state).... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2023

You are not likely to be able to disavow the contract and even if you did, it sounds like it cannot be reversed at this point. The most you are likely to possibly have is a claim for the market value of your now deceased cat - i.e. replacement cost. Unfortunately, in the legal world, pets are not... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: Can I be held liable if someone gets injured using a client's product from a website I created for them.

The client does not have any liability insurance.

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. If someone is injured using the product, there's nothing to stop them from suing anyone with a plausible connection to the product. However, if the only thing a web designer did was to take the words, photos,... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given a shingles injection the wrong way and I'm now suffering long term side effects. can I sue?

The technician who gave me the shot injected it in the wrong area. I have had pain and swelling in the area for over 2 months now. I have 2 ultra sounds scheduled for next week to find out what the swelling is in my arm and another one to check for vein and nerve damage. I don't feel I should... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2023

Yes. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: How long do I have to file a personal injury claim?

Walking in neighborhood and caught the toe of my shoe on a piece of sidewalk that has raised up. Broken wrist and surgery followed. This was 3/21/23.

Brad  Holbrook
Brad Holbrook
answered on May 23, 2023

Most claims for negligence in Oregon must be filed within two (2) years of the accident. So, you should file the complaint in court by 3/21/2025; however, you would want to resolve this claim much sooner. You also should consult with a lawyer about your rights and options. If this matter involves... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Do I have options? my spouse was driving and crashed involving just our vehicle. I broke my back can i be compensated.
Vincent J. Bernabei
Vincent J. Bernabei
answered on May 9, 2023

In General:

A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because...
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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: My wife was hit while driving her car, after the other driver failed to yield right of way at his stop sign.

Their insurance co wants to pay us an amount far less than comparable autos we can find anywhere. My own co has offered even less. Their offers are 2K less than any comparable. Should we pursue the “appraisal clause” option, or hire our own lawyer? There is a medical claim for injuries incurred... View More

Jina Ly Clark
Jina Ly Clark
answered on Apr 28, 2023

If you settle with the at-fault party for the contested vehicle amount and sign a release, you will most likely preclude any settlement or award for the injury settlement. You can accept the uncontested amount offered provided you do not have to sign a release. If you think you are being... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: My wife was hit while driving her car, after the other driver failed to yield right of way at his stop sign.

Their insurance co wants to pay us an amount far less than comparable autos we can find anywhere. My own co has offered even less. Their offers are 2K less than any comparable. Should we pursue the “appraisal clause” option, or hire our own lawyer? There is a medical claim for injuries incurred... View More

Brad  Holbrook
Brad Holbrook
answered on Apr 29, 2023

The insurnace company is required to compensate you for the fair market value of the car as it crashed. They are not required to restore you to the place you were before--it would probably be impossible to do--as every car is different and there's no telling if your car was in much better... View More

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2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Last 4 months water has been coming in thru ceiling 100 gallons a day when it rains. Can I sue landlord personal injury

Had to remove everything from room. Residents cannot be left unattended. Must empty buckets constantly. So doesn’t go to lower level. He won’t reduce rent. He actually raised my rent wife and I have been sick more . We has a mold guy here we have mold.

Gregory L Abbott
Gregory L Abbott
answered on Mar 15, 2023

It sounds as if you may have claims for reduced rent value, possibly mold damages as well. If desired, with written notice to the landlord, you may have rights to move to alternative housing at the landlord's expense above your rent. Consider reviewing everything with a landlord-tenant attorney.

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2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Last 4 months water has been coming in thru ceiling 100 gallons a day when it rains. Can I sue landlord personal injury

Had to remove everything from room. Residents cannot be left unattended. Must empty buckets constantly. So doesn’t go to lower level. He won’t reduce rent. He actually raised my rent wife and I have been sick more . We has a mold guy here we have mold.

Jina Ly Clark
Jina Ly Clark
answered on Mar 15, 2023

Our firm practices this area of the law. Your landlord has a duty to maintain the premises in a habitable condition for a residential lease, assuming Oregon law applies. However, you refer to "residents" which implies this may be a commercial lease. In a commercial lease, you will need... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Education Law for Oregon on
Q: Is it illegal in Oregon to tell someone to kill themself? what if the person told makes an attempt?

An 8th grader told another 8th grader to kill themself on two separate occasions. This was in person on school grounds. The 8th grader who was told to do it made an attempt. Are there any legal consequences for the 8th grader who made the statement? Does it matter that the 8th grader who attempted... View More

Brad  Holbrook
Brad Holbrook
answered on Mar 1, 2023

You asked if there are legal consequences for the 8th grader for telling someone to kill themselves. I don't think there is a "Yes" or "No" answer. I would suggest that most likely, "No", because an 8th grader is not likely to fully appreciate the severity of what... View More

1 Answer | Asked in Personal Injury, Education Law and Public Benefits for Oregon on
Q: I want to sue head start for kicking my son out because he has tourettes and called dhs on me 5 times before they kicked
Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. At this point, one option is to reach out to law firms to see if it's possible to set up a free initial consult to briefly discuss. In addition to your own attorney searches, you... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Can I sue my landlord/ workers for damage to my vehicle

My landlord s worker caused real damage to my classic vehicle that I was restoring and has no intention on paying for any of the damages

Jina Ly Clark
Jina Ly Clark
answered on Dec 15, 2022

Under the doctrine of respondeat superior your landlord is responsible for the actions of his employees and/or agents in the course and scope of their employment and/or agency. If you need an attorney to assist you, there is an attorney fee provision under ORS 90.255 if a lawsuit is filed and you... View More

1 Answer | Asked in Personal Injury and Libel & Slander for Oregon on
Q: is sending a defamatory message a legal offence in Oregon?

A text message that is accusatory of a Federal and State crime(s) but is false is sent to a group of individuals. Factually the accusations are false. It was sent with intention to harm. Has this sender committed:

1 - Offence

2 - Crime

3 - Neither

4 - Both

Brad  Holbrook
Brad Holbrook
answered on Dec 5, 2022

The question asks essentially, "Whether sending a text message that accuses someone (falsely) of a state and/or federal crime is lawful?" Clearly, if you speak a false statement about someone to a third person(s) in manner that is called "publishing", it is actionable as... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: If I hurt someone on accident, can they make me pay their medical bills?

I accidentally shot a girl in the face with an air soft gun at a fraternity party and she was injured. There was drinking involved with all parties. They are now making me pay their medical bills. I am wondering if they can do this and if the other parties would also be liable. There were other... View More

Brad  Holbrook
Brad Holbrook
answered on Nov 29, 2022

I am sorry for the circumstances of the shooting. Guns and drnking are not a healthy combination and lead to a lot of accidental shootings. In short, it would be my opinon that you are liable to pay for any medical treament that is reasonable, customary, and necessary, and for any and all... View More

2 Answers | Asked in Personal Injury for Oregon on
Q: Do I have a case?

I was spraying electronic cleaner on my navi screen and plugged in my car vacuum and all the sudden my car exploded and caught on fire with me in it. All my windows were shattered including my windshield and sunroof. My doors that were shut and locked were all blow open and bent in half. I was... View More

Jina Ly Clark
Jina Ly Clark
answered on Nov 1, 2022

I agree with the answer of Mr. Holbrook. However, I need to add more:

The filing must also be within any applicable statute of ultimate repose under ORS 30.905(2), usually 10 years from when the car was originally purchased. Note: These rules may not apply to products manufactured...
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2 Answers | Asked in Personal Injury for Oregon on
Q: Do I have a case?

I was spraying electronic cleaner on my navi screen and plugged in my car vacuum and all the sudden my car exploded and caught on fire with me in it. All my windows were shattered including my windshield and sunroof. My doors that were shut and locked were all blow open and bent in half. I was... View More

Brad  Holbrook
Brad Holbrook
answered on Nov 1, 2022

This sounds like a horrifying and terrifying experience, and very unfortunate given your living situation; however, the bright side is that you were not killed. You might have a case against the maker and the subsequent sellers of the product that ignited the car explosion. It seems highly... View More

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1 Answer | Asked in Personal Injury and Business Law for Oregon on
Q: Are single LLC owners personally liable for damages from there employees, managers and or members actions in Oregon?

For 11 months the Property Manager where I. Own my trailer has commited vacarious acts towards my person, my company property and my company income along with many other actions

Jina Ly Clark
Jina Ly Clark
answered on Oct 26, 2022

Assuming that the LLC is set up properly, you wouldn't be able to go after the owner's personal assets such as their personal home. However, the LLC is responsible for it's employees under the doctrine of Respondeat Superior. The owner of the property is responsible for the manager... View More

1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: I wrecked my car because the bridge work done on a county road is unsafe. How do I find out the responsible party

This road is traveled very little and I’m assuming at some point they had some patch work done on the End of the bridge. But when traveling at the suggested speed of 55 at the end of the bridge the patchwork throws you in to the right shoulder in my case hit gravel and spun my car out. Broke my... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2023

An Oregon attorney could advise best, but your question remains open for a week. You could reach out to local attorneys to try to arrange a free initial consult. If a law firm determines that you could have a basis for a claim, it's possible that notice of claim filing requirements (very short... View More

1 Answer | Asked in Personal Injury, Education Law, Landlord - Tenant and Municipal Law for Oregon on
Q: Can i sue my university for lack of AC if the heat gets over 98 degrees?

I live in portland oregon where the law is that landlords have to allow ac units in the summer as long as it doesnt damage the building, but my college is claiming that the power needed by a small portable ac unit is too much and threatening to seize my ac! ive had it on for about a month straight... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

An Oregon attorney could advise best, but your question remains open for several weeks. At this point, you may have resolved the issue. But if not, an option is to reach out to a landlord-tenant attorney - that is one of the categories on this forum, although it wasn't selected for this post.... View More

2 Answers | Asked in Personal Injury, Civil Rights, Native American Law and Sexual Harassment for Oregon on
Q: Hello! Which law firms in Oregon will take university lawsuits?

Title IX, sealed records, registrar.

James L. Arrasmith
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answered on Jul 28, 2023

As an attorney based in California, I am not aware of specific law firms in Oregon that handle university lawsuits involving Title IX, sealed records, and registrar issues. However, you can conduct a search online or contact the Oregon State Bar for referrals to law firms or attorneys experienced... View More

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