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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Family Law and Civil Rights for Oregon on
Q: Parenting time case removal to Federal court ?

Custody case turned into parental alienation and deprivation of civil rights 42 USC 1983, section 1985 may exist as well.

Article III, §§ 1 and 2 of U.S. Constitution is the source for subject matter jurisdiction.

Article III §§ 2: “The judicial power shall extend to all... View More

James L. Arrasmith
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answered on Feb 25, 2024

In situations where a custody case evolves into issues involving parental alienation and potential deprivation of civil rights under 42 USC 1983 or Section 1985, moving the case to federal court can be considered. Federal courts have jurisdiction over cases that involve federal questions, including... View More

0 Answers | Asked in Personal Injury for Oregon on
Q: Is it too late for me to get compensation?

I had laser done 7-8 years ago, for pitted acne scars. After the procedure I rapidly lost volume in my face, especially under my eyes. This ruined my life and I became afraid to show my face and still feel self conscious today. I was very confused about why this happened to my face because it... View More

2 Answers | Asked in Personal Injury, Public Benefits and Social Security for Oregon on
Q: i need a ssi lawyer

been dissabled since 13 never worked and have been on ssi and they denied my benifits ive appled as well over and over again

James L. Arrasmith
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answered on Feb 22, 2024

It sounds like you're facing a challenging situation with your SSI benefits. It's understandable that you're feeling frustrated after multiple denials. In situations like these, seeking legal assistance from a lawyer who has experience with SSI cases can be beneficial. They can help... View More

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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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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: I'm in a Oxford house in Portland, Oregon and I feel harassed, attacked verbally and slandered by this transgender.

This woman's house was supposed to be a safe place yet icant stay here with the daily verbal assults. Can I sue the Oxford house for discrimination and any other thing you could think of as iam leaving with no where to go because I don't feel mentally stable. I can't take this abuse... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Oregon, if you're experiencing harassment, verbal attacks, and slander at an Oxford House, you may have legal grounds to take action. First, it's important to document all instances of such behavior. Keep a record of dates, times, and details of these incidents as this documentation... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Health Care Law for Oregon on
Q: I was accused of being intoxicated at my pain doctors, threatening.. took pee test and alcohol test negative for alcoho.

Well i was accused of alcohol. Intoxication, told that i cannot leave till results of test come back, i got angry and said couple cuss words. After doctor accused, her reason was somebody in the office said they smell alc. On me. Then i was told they will no longer help me. And cut off my oxycodone... View More

James L. Arrasmith
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answered on Dec 20, 2023

In your situation in Oregon, it's crucial to understand that if you were wrongfully accused of intoxication and consequently denied medical treatment, you might have grounds for a complaint. Being cut off from prescribed medication like oxycodone without proper procedure or consideration for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Oregon on
Q: I'm looking for an attorney who's willing to Represent me in a civil against o d h s and o h p.

I was assigned a second member. I d number the cosmic extensive losses that categorize me in a homeless drug addicted category. Because of that, I was unable to get treatment for AD HD for which I'm disabled. I lost 3 jobs, my credit credibility. And I have all the documentation including them... View More

James L. Arrasmith
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answered on Dec 20, 2023

In Oregon, if you're seeking to pursue a civil case against the Oregon Department of Human Services (ODHS) and the Oregon Health Plan (OHP), it's important to find an attorney experienced in handling civil rights and personal injury cases, particularly those involving government agencies.... 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

2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: I'm in a ongoing evuction from a landlord whos daughter asultes my son who is under age habe an restraining order on her

One side is hers one sidr is mine can I rent out a unoccupied room On my side if its unoccupied

Gregory L Abbott
Gregory L Abbott
answered on Dec 8, 2023

You most likely cannot rent out any part of your leased rental dwelling without the landlord's express permission - almost every residential lease contains a no subletting clause. If you are in danger of being evicted, for any reason, you wouldn't want to rent or sub-let anything at the... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Personal Injury for Oregon on
Q: If you mention mental illness to an officer should they refuse to help you and you suffer for it. Is that discrimination

I have been physically violated, 10 cats killed, all my possessions stole, strangled,beat and to much to mention here. Mountains of suffering, and it continues today. But they say I'm emotionally disturbed and refuse to assist me in any way. Yet they won't speak to my Dr. Either. They are... View More

James L. Arrasmith
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answered on Nov 18, 2023

If you have reported crimes to law enforcement and they have refused to assist you based on your mental illness, this may constitute discrimination under the Americans with Disabilities Act (ADA). Law enforcement officers are required to provide equal protection and service to all individuals,... View More

1 Answer | Asked in Contracts, Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: My landlord in Oregon used “landlord retaliation” to make me leave. Can I sue or counter sue them and in what court?

After I pointed out that they hadn’t replaced a broken bathroom fan after a year of asking and they underpaid me for an unrelated job, my landlord sent me a rent increase letter (a month after signing a lease renewal at the same rate) and daily notices with eviction warnings. I had never received... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2023

If you already were in court - that was your time to press a retaliation claim. Depending upon the details, you may still be able to file a new lawsuit for damages but do so knowing that retaliation claims are difficult to win and if you lose, you may owe his court costs and attorney's fees.... View More

1 Answer | Asked in Contracts, Personal Injury and Health Care Law for Oregon on
Q: Can an agency in Oregon providing a caregiver to an elderly and/or disabled person legally (as in it's in their contract

Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.

How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if... View More

Jason T. Kandah
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answered on Sep 19, 2023

This answer in no way establishes an attorney-client relationship but is intended as general information. Only a signed and fully executed retainer agreement may effectuate such attorney-client relationship.

A.

Different states vary regarding the issue of signing waivers. Oregon...
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1 Answer | Asked in Personal Injury and Criminal Law for Oregon on
Q: How long after the assault do u have to report it to the police in Oregon

Last night was assaulted by another and physical injury happened and I called the next morning less than 12 hours after the incident and was told by police portland police that I can't report it or make one due to time elapsed

T. Augustus Claus
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answered on Sep 6, 2023

In Oregon, there is no strict time limit for reporting an assault to the police. However, it's generally recommended to report such incidents as soon as possible to ensure that evidence is fresh, witnesses are available, and the investigation can proceed effectively. While you made the report... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Wondering if i experienced medical malpractice?

Had carpal tunnel and trigger finger surgery. Told surgeon 2 times and the nurse who admitted me day of surgery that i didn't want trigger finger done. I was ignored and now I have dupuytren's disease

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

If a surgeon performed an operation on you without your consent, you would have a claim for battery.

I warn you, however, that most surgeons as a matter of policy secure written consent from their patients. It will be very important to your case to have a competent lawyer review any...
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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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2 Answers | Asked in Personal Injury and Municipal Law for Oregon on
Q: Can I obtain a restraining order against my neighbor?

A land use issue was recently judged against my neighbor. My neighbor is angry with me regarding this issue. I thought this matter would be done. Now my neighbor is setting up a lounge chair and staring at us and our home. The neighbor doesn't say much. This is our neighbor's attempt to... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

I recommend reading your state's protection order statute. If it is anything like Ohio's you will not be successful. According to you your neighbor is staring at you and your home. "The neighbor doesn't say much. " In my experience you would need to be able to... 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 and Personal Injury for Oregon on
Q: Whats the process 4 making a demand to insurance co 4 auto injury case? Amount of 1st demand if 2 herniated discs?

What is the procedure for submitting a first demand to an insurance company for an auto accident case? What steps are taken? What would be an appropriate amount to ask for in a first demand if client sustained 2 herniated discs and was unable to work because of it?

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2023

An Oregon attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, some of the general elements of demand letters include a description of the accident, damages, injuries, and compensation demanded. Unfortunately, it could be... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Oregon on
Q: Hello, I am a 54 year old lady .I live in an apt. building that has shared bathrooms and kitchens.On 3 occasions

I have fallen due to there not being any non slip on this floor and or beacause of a faulty drain system, which I have repeatedly e mailed the owners/ manager about only to get no response at all.

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. A local attorney would be familiar with any applicable building or safety codes for multi-family dwellings. However, from the standpoint of general legal principles (regardless of a city's building codes),... View More

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