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Questions Answered by Brad Holbrook
2 Answers | Asked in Personal Injury for Oregon on
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
Brad Holbrook
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

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2 Answers | Asked in Consumer Law and Personal Injury for Oregon on
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
Brad Holbrook
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

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1 Answer | Asked in Car Accidents for Oregon on
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
Brad Holbrook
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

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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3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Brad  Holbrook
Brad Holbrook
answered on May 17, 2023

First, please let me offer my condelances on your loss. I realize that this makes it much more difficult to handle these "legal" matters associated with your husband's passing. You will need likely to need to consider how to protect yourself. Your question deals with a claim agaisnt... 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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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 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

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 Car Accidents for Oregon on
Q: Can I sue my employer for not allowing me to turn in a patient for a hit and run that is financially impacting me?

My car was parked and a patient backed into it and drove off. There were many witnesses who confirmed it was a patient at my job but due to hipaa, my job says I can not press any charges to help pay for repairs on my vehicle. Insurance says if we know who did it, we would not have to pay any fees... View More

Brad  Holbrook
Brad Holbrook
answered on Oct 28, 2022

I do not how HIPAA would affect your ability to pursue a hit and run case against the patient. Driving a motor vehcile in the parking is wholly unrelated to treatment and medical charts. I think your employer is wrong, if, in fact, that is what they are alleging. The act of striking a vechicle is... View More

1 Answer | Asked in Contracts and Insurance Bad Faith for Oregon on
Q: Is it legal for my car insurer to make me pay to insure my boyfriend after adding him to my policy without permission?

My boyfriend does not drive my car and is not a owner of the car in any way. The only reason he has his license is for work. My insurer added him to my policy after stating that "you did not verify so we added him anyway". Their website clearly states that he is classified as a... View More

Brad  Holbrook
Brad Holbrook
answered on Oct 24, 2022

I understand your concern about being "forced" to add someone to your policy, especially when it's your own car and the other person DOES NOT drive your car. However, you can imagine the insurance company's concern that he still could have access to your keys and there is a... View More

1 Answer | Asked in Car Accidents and Small Claims for Oregon on
Q: I rolled a friend's side by side I had permission He gave me a bill for 13k. I can't pay it so he's suing me Am I liable

The bill was typed by him and not from a shop. I've asked him to turn it in to insurance but he won't. He's now threatening to sue me. I will happily pay the deductible but can't pay the 13k he wants in cash. What are my options? I was actually a volunteer employee at an event... View More

Brad  Holbrook
Brad Holbrook
answered on Oct 24, 2022

First, I am very sorry about your accident. Second, I am glad that you did not say you were injured in the acccident.

Last, are you liable? This is not something that I can completely answer without knowing all the facts of the accident. However, if you were driving in a negligent and/or...
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