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Oregon Personal Injury Questions & Answers
Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: I used a hair product that burnt and dried out my scalp it’s still healing weeks later. Can I look into a lawsuit?

It’s a shampoo and conditioner company. I’ve looked into some of the ingredients to find out some are toxic and even cause cancer. Bedsides that I’m very upset about this product completely ruining and hurting my head. No warning on label that show possible dryness, irritant burning, or hair... Read more »

Tim Akpinar
Tim Akpinar
answered on May 3, 2022

An Oregon attorney (or a class action attorney) could probably advise best, but your question remains open for a week. You describe a product liability cause of action. That means injury from a defective product. Here, you are alleging a defect based on "failure to warn."

On an...
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1 Answer | Asked in Personal Injury for Oregon on
Q: Can my county dodge liability for inadequate medical care of inmates by outsourcing the care to a local hospital?

I am in a pro se lawsuit against my local county after a deputy broke my arm while I was incarcerated in the jail on a U. S. Marshal hold. I subsequently sued on several grounds including battery and inadequate medical care. Unlike most plaintiffs, I began my case with an expert witness report... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 10, 2022

Not enough information is provided to be able to answer your specific question. In part, it has to be determined if the alleged acts were performed by the county or the outsourced operation and if there was outsourcing, then a review of the agreement between the county and the outsourced operation... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: Can a plaintiff get any late assistance in a civil case?

Im at the stage where I need help with subpoenas.

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2022

An Oregon attorney could advise best, but your question remains open for a week, and evidence in personal injury cases can sometimes be fleeting in nature. You might be able to (if you have not already succeeded in doing so by now). But nationwide, what you describe sometimes takes some effort.... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: So it turns out my stroke is directly linked to my use of Advil. I never knew how dangerous it was. Can you help?
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2021

An Oregon attorney could probably advise best, but your question remains open for a week. In terms of your question asking for help, a likely response may be that you would need to reach out to law firms to discuss in further detail. Firms that handle cases involving medications will look at an... Read more »

2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Gabriel A Watson
Gabriel A Watson
answered on Oct 11, 2021

I agree with what others have answered to this question. It is very unlikely that you have a claim against the renter or that most ethical attorneys would be willing to pursue such a claim. This doesn't mean there is no chance whatsoever that your stay at the rental caused your COVID, but from... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: So my disabled mother and i where in a car accident on the 10th of aug this year and it was clearly the guys fault

is saying its my fault and now his insurance is giving me the run around and im not sure if i should lawyer up or not my mother keeps saying she doesnt want a lawyer but i think thats more about having to pay but i feel like i really need a lawyer at this point!!! what would be the best course of... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 27, 2021

Most attorneys take on cases such as yours as contingency, so you usually do not pay anything unless the attorney gets you something. However, an attorney would need to review your case to know if you have a strong enough case to take it, as here you indicate there is a dispute as to liability. Use... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Oregon on
Q: How/where do I get compensated for hair loss from a hair product with misleading/false claims?

Hi, I’ve been looking for a lawyer to take my case, but with no avail. So I’ve been trying to do it on my own, but can’t. I would greatly appreciate knowing where or how I can get help getting compensation for this, if/what letter I can send, or if I have to go to small claims, etc.. Thank... Read more »

Virgil Royer
Virgil Royer
answered on Sep 24, 2021

There are few things more frustrating that companies that make promises to their customers, who rely on the promise, then only to find out that it is a lie. "Best Burgers in Town", "World-Famous Pizza", those all make us expect their products to be good--if not the best in town.... Read more »

1 Answer | Asked in Personal Injury, Construction Law, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Im victim of arson .fire happen august 2019, fire coming from one of the unit 3rd floor causing the whole building total

Total lost ,is been 2 years now the condo 70% done sudenly there 2 things hapend our porsonal insurance says we have to move out of tenporaly housing.and the unit that cause fire lawyer text us about how much amount that they(farmers) owe us. I dont want answer i need advice

Tim Akpinar
Tim Akpinar
answered on Sep 7, 2021

An Oregon attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and the loss of your home to fire. When you say you want advice, not answer, you may need to consider a consult with an attorney (if you don't have one already, where the attorney... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: My apartment water leak for 8 months and so much mold now it has caused my partner to stay in hospital a week

So after the maintenance person not certified fixed the water leak the walls carpet and wood never got replaced my boyfriend was sent to hospital due to an infection on his foot the doc said mold had the most part to do with the infection my boyfriends foot got swollen and two of his toes got... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 16, 2021

An article on the level of proof needed here:

https://www.clarklawportland.com/other-areas-of-law/landlordtenant/mold/

You have a 1-year statute of limitations in the state of Oregon for all claims. If this is an ongoing issue, you can only go back one year under the...
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1 Answer | Asked in Personal Injury, Elder Law, Gov & Administrative Law and Health Care Law for Oregon on
Q: Can an HOA in Oregon refuse to install a mailbox at the residence of a disabled elderly person?

All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 27, 2021

I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950

Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Q: My employer pressured me to come back to work without Dr's clearance and now my injury has been exasperated

Last year I fractured my scapula in a non work related injury. I was on short term disability and pressured to come back without a Dr's clearance due to staff shortages. Due to lack of employees light duty is not possible and now almost a year later my shoulder still throbs and I can't... Read more »

Tim Akpinar
Tim Akpinar
answered on May 25, 2021

An Oregon attorney could advise best, but your question remains open for a week. If there were attorneys involved in either the original injury claim or STD claim, they might be starting points as your first option in seeking direction. If you do not have attorneys associated with those aspects of... Read more »

1 Answer | Asked in Personal Injury, Elder Law and White Collar Crime for Oregon on
Q: how do I find out if a wrongful death claim was filed against an employer many years ago, IF THE EMPLOYER KEPT THIS

SETTLEMENT VERY QUITE, There has to be a way of digging this up, But how if this employer kept this hush-hush

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2021

An Oregon attorney could answer best, but your post remains open for two weeks. As a general matter nationwide, some unified court systems display cases online. Some systems might require registration to use their resources. That would be if the matter was filed as a lawsuit with an index number.... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Can I sue the other driver of a car that hit mine?

My car was hit on the rear passenger side. The crash report says my car was only going 5mph when hit. According to the police report the car following behind the other car stated the lady ran a red light. The insurance company of the other driver said we were at fault because one witness said our... Read more »

Virgil Royer
Virgil Royer
answered on Apr 1, 2021

Yes. You can sue. The fact you can sue does not mean you have strong case. It sounds like there might be some conflicting evidence that needs to be sorted out. The fact you were hit on the passenger's side door might indicate that you were not at-fault because clearly your car was struck.... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: There is a homeless camp next door on private property who do I file suit against

The property next door has a huge homeless camp the city won't make them move because they say it's private property. The man who owns the property lived out of state but he recently passed away its a prime piece of property on tualatin valley hwy in hillsboro. But we have been told our 2... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 10, 2021

You may have a private nuisance claim against the owner of the adjacent property. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.

To prevail on a claim of private nuisance, the plaintiff must prove it is more likely than not that:...
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1 Answer | Asked in Personal Injury for Oregon on
Q: I went a property next to the largest homeless camp in hillsboro oregon . Who and how do I sue for property value loss

I own neighboring property to a large homeless camp in Washington county oregon. I've been told my property value had deceased 1000's and 1000's of dollars. Would there be a attorney to help me file suit and get paid a percentage of winnings? It's a very high profile piece of property.

Virgil Royer
Virgil Royer
answered on Mar 9, 2021

I understand your obvious frustration. Clearly, you have lost perceived value of your property due to the conditions of the surrounding property. It could be thousands of dollars. Who to sue? Who is responsible for the loss you feel you have encountered? If you think the City could do more to... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I got side swiped by a car while riding my bike. Hit and run. Can I sue if we find the person? And for how much?

His mirror broke off on my hip and threw me off my bike. He or she didnt stop. I went to the hospital but nothing was broken. Just severely bruised.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Mar 1, 2021

Assuming the driver of the vehicle that hit you was at-fault for the accident, you can sue if you find the person within the statute of limitations with enough time to get a lawsuit filed. If the incident happened in Oregon, your case must be filed or settled within 2 years.

If you have...
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2 Answers | Asked in Personal Injury for Oregon on
Q: There is a huge homeless camp next door its private property who do I sue?

use? is a huge homeless camp next door it is private property on tualatin valley highway(worth alot). The property owner recently passed away, the city is doing nothing about it the camp keeps growing and garbage piling up. I have had things stolen from my property and the police wont do anything... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

You would be looking to file a nuisance claim against the estate of the owner of the property. I would suggest you start by getting active by speaking with your representative on the town council. I would suggest approaching it from a standpoint that this is not good for those people, that the... Read more »

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2 Answers | Asked in Personal Injury for Oregon on
Q: Can I file charges against someone who used unreasonable physical force with multiple weapons.

I was cited for trespassing

Jennie Lynn Clark
Jennie Lynn Clark
answered on Feb 20, 2021

You can make a police report against someone who used unreasonable physical force with multiple weapons. If you have been a victim of a crime, it would be good to seek justice by making a police report. The police may or may not do an adequate investigation and may or may not refer it to the... Read more »

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3 Answers | Asked in Personal Injury and Insurance Bad Faith for Oregon on
Q: Can an insurer require you to be evaluated by their doctor when treatment is partway done?

Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 28, 2021

Yes, they can require this. If you review your policy I can guarantee you there is a clause that says you have to cooperate with your carrier, and that you must submit to what we call an IME. If they make you start going to a lot of them, then you might consider talking to an attorney to see at... Read more »

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