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Questions Answered by Brad Holbrook
2 Answers
| Asked
in
Car Accidents, Insurance Defense, Consumer Law and Personal Injury
for
Oregon
on
Q: What happens to my driver's license if my friend, co-owner, crashed my insured car?
My friend and I both have our names on the title of a vehicle that my friend was driving when they got into an accident. The vehicle is insured under my name, but the accident has not yet been reported to the insurance company. It’s the weekend, and I have forms to fill out for the DMV. There... View More 
Brad Holbrook
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answered on Aug 2, 2025
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answered on Aug 2, 2025
In short: Nothing should happen to your driver’s license. You weren’t driving or found responsible for the accident.
Based on what you've shared, it seems likely your friend was not at fault, given that the police issued a citation to the other driver. Both you and your friend may... View More
2 Answers
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in
Criminal Law, Civil Litigation, Libel & Slander and Personal Injury
for
Oregon
on
Q: Can my boyfriend defend against false pedophilic behavior claims in Oregon?
My boyfriend, who is 35, is being threatened by his ex, who is now 22, with being reported for pedophilic behavior. She lied about her age for three months using false documents and had friends support her age claims. When my boyfriend discovered her true age and tried to leave, she manipulated him... View More
Brad Holbrook
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answered on Jul 11, 2025
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answered on Jul 11, 2025
It's kind of you to post this in support of your boyfriend. That said, he's 35 and was dating someone 13 years younger. While age gaps in relationships aren’t uncommon and love has no fixed limit, there is a legal age of consent. In many states and countries, that age ranges from 14 to... View More
Q: Can an employee be terminated for filing a false worker's comp claim?
I work for a small company without an HR or legal department, and we have a situation where an employee claimed they were injured at home but later filed a worker's comp claim stating the injury occurred at work. They initially stated in writing and texted coworkers that the injury happened at... View More
Brad Holbrook
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answered on Jul 7, 2025
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answered on Jul 7, 2025
If your question assumes the truth of the fact that the worker's compensation claim was fradulent--then, yes, in Oregon, an employee can be terminated for filing a false workers' compensation claim. However, if there is any chance that there was a valid claim? The case must be handled... View More
3 Answers
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in
Car Accidents, Insurance Defense, Real Estate Law and Personal Injury
for
Oregon
on
Q: Is it legal for a California resident to borrow and drive my Washington-registered car?
I have a car registered and insured in Washington, and a family member living in California wants to borrow it. They plan to use the car for commuting to work for a year, as they do not have a car of their own. Is it legal for my family member to drive my Washington-registered car in California?... View More
Brad Holbrook
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answered on Jun 8, 2025
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answered on Jun 8, 2025
There are two key considerations in this situation:
- Does failing to register the vehicle within the required timeframe in California violate the state's registration rules?
- How does this impact your contractual obligations with your insurance company?
You should... View More
Q: Can I sue hospitals for misdiagnosing my daughter's gallbladder issue in Oregon?
Can I sue two hospitals for failing to properly diagnose my daughter's condition, which resulted in increased pain and risk of death? I first took her to Dallas Hospital and Silverton Hospital between May 3rd and 5th. Dallas Hospital performed an ultrasound and EKG but did not read them... View More
Brad Holbrook
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answered on May 7, 2025
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answered on May 7, 2025
First, let me say that I am sorry that you had to deal with this, as having a child in need of urgent, potentially life saving care is devasting. I hope she is doing well now and you are in a good place emotionally over it. Second, it is important to keep in mind mistakes happen often at a... View More
2 Answers
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in
Civil Rights, Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law
for
Oregon
on
Q: What legal actions can I take after being arrested for disorderly conduct without cause and facing mistreatment by police and during jail processing?
While dealing with car issues on the side of the road, I was approached by a police officer who insisted I provide identification, even after I explained my situation and requested him to move his vehicle. When I declined, stating I hadn't committed a crime, he arrested me for disorderly... View More
Brad Holbrook
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answered on Apr 26, 2025
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answered on Apr 26, 2025
I am very sorry that you were forced to endure this event. There may be facts to this event that would change my answer, and if you want to pursue any legal action, you will need to discuss this with an attorney, as you know this is intended to give you a broad idea of what your issue(s) involves.... View More
Q: When does the statute of limitations start for a surgery injury?
I had a hernia surgery on April 7th and was sent home afterward. However, I experienced intense pain at home, resulting in an ambulance trip back to the hospital on April 8th. The emergency team conducted exploratory surgery, discovering a cut in my bowel leaking into my abdomen. The emergency... View More
Brad Holbrook
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answered on Apr 7, 2025
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answered on Apr 7, 2025
I am so sorry for your pain. You have two (2) years to file a claim in court. If the hospital is a public entity (OSHU, et.al.), then you must file a tort claim notice within 180 days. It's as simple as providing notice to them that you have a claim.
Plan on April 7 being your... View More
Q: Dental malpractice question regarding negligence and pain and suffering after sinus cavity incident during tooth extraction.
On March 19th, I went to a dentist for a simple tooth extraction of an upper right molar. During drilling, the dentist accidentally penetrated the sinus cavity with a surgical bur, which became loose and lodged inside the cavity. An oral surgeon removed it on March 24th by drilling through my jaw,... View More
Brad Holbrook
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answered on Apr 2, 2025
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answered on Apr 2, 2025
I often say there are two things that are very difficult: 1) Getting money out of people, and 2) Suing a Doctor/Dentist.
I am so sorry for your bad outcome. Unfortunately, every day there are bad outcomes in the medical field. If we could sue everytime there was a mistake and/or accident,... View More
Q: Considering legal action after misdiagnosis: is it too late?
In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More
Brad Holbrook
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answered on Feb 19, 2025
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answered on Feb 19, 2025
Time limitations are based on the concept that we don't want old, stale cases coming in court. We have to turn the page, so to speak. Ordinarily in negligence cases involving bodily injury the statute of limitations is two (2) years. So, given that time line, you were diagnosed with cancer in... View More
Q: Steps to pursue compensation after my son was bitten by a pitbull?
My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?
Brad Holbrook
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answered on Feb 15, 2025
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answered on Feb 15, 2025
What steps should you take after a dog bites your son? I am going to assume that your son is a minor. If your son is over 18, then he would represent himself. You need to contact an attorney who specializes in dog bite cases. This is the short answer. You should not try to represent yourself in a... View More
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?
I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More
Brad Holbrook
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answered on Feb 15, 2025
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answered on Feb 15, 2025
32 years is a long marraige, and I am sorry for your loss; and I know that being apart does not it easier. If you are still legally married, and you are the spouse, there is a lot you can do to move forward. In Oregon, you can file a Small Estate Affidavit and be given the necessary authority to... View More
Q: What can I do to retrieve belongings from escrowed property?
I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More
Brad Holbrook
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answered on Feb 14, 2025
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answered on Feb 14, 2025
I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... View More
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?
In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More
Brad Holbrook
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answered on Oct 22, 2024
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answered on Oct 22, 2024
This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to... View More
Q: Can legal action be taken against previous dog owner for not informing new owner about dogs violent behavior
Girlfriend was mauled by a dog she had taken in to rehome Because previousowners could not keep it. Not even 2 months after talk had attacked and injured her enough to be hospitalized for 3 days with serious injuries
Brad Holbrook
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answered on Oct 7, 2024
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answered on Oct 7, 2024
Short answer: Yes. It also depends on the bred of dog, as some dogs are deemed dangerous by their bred.
These include: pit bulls, rottweilers, Alaskan malamutes, chow chows, Dobermans, huskies, bull terriers, and wolfdogs.
If the previous owner knew or reasonably should have known... View More
Q: My wife is a cashier at a dept. store . She was grabbed by her head by an autistic young man , accompanied by his mother
He pulled her hair and scratched her head in several places. Really shook her up . Store asked them to leave. Any recourse ?
Brad Holbrook
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answered on Jan 27, 2024
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answered on Jan 27, 2024
I am so sorry to hear that this happened to your wife. I hope she is okay, and she was able to get any and all medical treatment that she needed, including use of a counselor. Fortuately, this does not happen too often. There could be some criminal liability, as she was a victim of disoderly... View More
2 Answers
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in
Civil Litigation, Landlord - Tenant, Personal Injury and Real Estate Law
for
Oregon
on
Q: What actions can I take after being evicted and losing personal belongings in Oregon?
I was offered a place to stay for free in exchange for running errands and helping out for a person I met while experiencing homelessness. After an altercation, this person kicked me out and discarded my personal belongings, such as my fishing tackle, clothing, and backpack. The disposal of my... View More
Brad Holbrook
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answered on Aug 16, 2025
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answered on Aug 16, 2025
It can be deeply unsettling to have your personal belongings and presence disregarded in a place you’ve been allowed to stay. Even as a free lodger—whether in exchange for errands or informal assistance—you may still qualify for certain tenant protections under Oregon law. These include: The... View More
Q: Hit by a truck in a mall parking lot; cop refused report. What next?
I was walking home in a mall parking lot when a truck hit me. The driver ignored a stop sign and continued driving, knocking my headphones out of my hands and causing me to almost fall. I yelled at her, expressing that she hurt me. Although I sought medical attention afterward, the responding... View More
Brad Holbrook
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answered on Jul 25, 2025
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answered on Jul 25, 2025
First, I’m relieved to hear that you appear to be physically alright—being struck by a truck is no small matter. Second, if you intend to pursue legal action against the police, you will likely need to file a Tort Claim Notice within 180 days of the incident, pursuant to ORS 30.275. You... View More
Q: Can a Jane Doe civil action be transfered between federal venues while maintaining Jane's anonymity?
In a federal diversity civil action brought in the District of Vermont (location of plaintiff), can the Jane Doe defendant, through her counsel, petition for a change of venue to the District of Oregon (her residence) while preserving her anonymity or must she reveal her identity to move the case?... View More
Brad Holbrook
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answered on Jul 9, 2023
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answered on Jul 9, 2023
Your questions rasie some questions. You mentioned "civil action" without specifically referencing what type of claim it is and why the Vermont has any jursidiction. If you have no ties to Vermont, then you cannot be subjected to personal jurisdiction there unless you consent and/or... View More
Q: I was just given a citation today for a accident I was in last month and the date is incorrect. I live in Oregon.
The accident was longer than 30 days ago.
Brad Holbrook
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answered on May 30, 2023
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answered on May 30, 2023
I understand your question to be does the fact the date is wrong on your citation affect whether it is valid? If the date is wrong on the citation, it does not mean the citation is simply going to be thrown out. The officer can amend the citation. There are many defenses to a traffic citation, and... View More
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
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answered on May 23, 2023
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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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