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Oregon Personal Injury Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Oregon on
Q: If I was hit and injured in a car accident having no insurance and a suspended license, what are my options considering?

I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... Read more »

Virgil Royer
Virgil Royer answered on Sep 16, 2020

You pose an interesting, and all too common set of issues. If you are in accident caused by someone's negligence, and do not have auto insurance, then you are entitled to recovery your monetary damages (for example, medical bills, lost wages, property loss). In other words, you cannot recover... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: While a patient at a med facility, our child was assaulted by other patient, then refused treatment. Is facility liable?

Our child was checked into a residential program and threatened with violence by other patients almost immediately.

She reported it to me; I informed staff who said they were aware (but hadn't told me).

I informed manager and another staff member after further reports of... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

I'm sorry for the terrifying ordeal experienced by your daughter. This is something an Oregon attorney could advise best on, but you await a response for three weeks. You indicate not having funds for legal fees. What you describe does not appear to be a case (if validated) that an attorney... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: I sent the demand letter with itemized list of lost items (showing good faith effort ). Now how long do they have to a.

I was a tenant in a house with a friend his dad owns the house but is in a home. His sister has power of attorney. The house burned with all the contents.when I contacted red cross for help they called the sister and she told them that I didnt live there but I have court documents that prove... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

An Oregon attorney could advise best, but your post remains open for two weeks. If you made your list and are able to work out the property losses amicably through some sort of compromise, that's often the most cost-effective and quickest route in such situations. If that isn't possible,... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Oregon on
Q: What kind of a lawyer do I need for a vandal case?

My car was vandalized by my ex what recourse do I have

Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 23, 2020

Options:

1) If you have insurance coverage you can make a claim with your own insurance company and pay the deductible.

2) If you have proof such as an admission, video or witnesses or saw the event yourself you could make a police report and hope they do something. If she is...
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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Personal Injury for Oregon on
Q: Is this a violation of civil rights?

Can a store deny entry to someone who has a legitimate medical condition for not wearing a mask, who's doctor agrees that wearing a mask would cause this person harm, and is receiving disability for this condition?

Tim Akpinar
Tim Akpinar answered on Jun 9, 2020

An Oregon attorney could advise best here, as this could involve state measures, as well as federal measures, arising as a result of the pandemic. But the post remains open for two weeks - it's possible an attorney with insight into ADA and disability issues could have better insight into this... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Personal Injury and Products Liability for Oregon on
Q: In 1974 I was a victim of a flammable pajamas incident. Skin grafting involves. They should be held accountable !!
Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

This is something on which an Oregon attorney could advise best, but you await a response for a week. I'm sorry for your ordeal and the serious injuries you must have suffered to necessitate skin grafting. Unfortunately, it might be difficult to pursue legal remedies at this point in time. You... Read more »

2 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: My dog bit someone on our property who put their hand close to our fence and threatening legal action. What can I do?

May, 2020: Our neighbor had people visiting, and they were about to leave, and my dog heard them talking loudly and ran outside. We ran outside to get her and this woman told me that my dog had bitten her. She showed me her bite mark, and it was not bleeding; it looked like teeth marks in the skin,... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on May 24, 2020

She is partially right because the dog could be considered an attractive nuisance for a child who may not appreciate the danger. She, on the other hand, is an adult. Arguably, she trespassed on your property when she should have been aware of the danger and was bitten. If she is requesting... Read more »

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1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... Read more »

Theressa Hollis
Theressa Hollis answered on May 6, 2020

Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... Read more »

3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 2, 2020

That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... Read more »

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1 Answer | Asked in Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. https://www.opb.org/news/article/oregon-washington-northwest-coronavirus-cases-live-updates-march-23/ This article explains where to report a suspected violation:... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I was in a accident.I recieved an reward letter for $100, 590.64 my policy is for a $100,000 who is gets the $590.64.
Jennie Lynn Clark
Jennie Lynn Clark answered on Mar 26, 2020

To answer this question, further questions need to be asked. State law could affect the answer. If I had to guess, you have personal injury protection, PIP. In addition to policy limits, there is usually 10-15k of PIP depending on whether you live in Oregon or Washington or whatever state you... Read more »

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3 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: What should we do with my sons Dr? He implanted a medical device in my sons heart that has been recalled by the FDA

my son almost died from infection in his heart from the implant . now he has tried to say my sons valve should be repaired but nothing about taking the device out that has made him sick and is recalled. I feel the dr is lying and has lied to cover up mistakes such as implanted the wrong size as... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 8, 2020

You say that your son is now an adult so your son will need to be the person that seeks additional medical advice or who contacts an Attorney if he feels that there was medical malpractice. You should talk to your son and encourage him to seek medical advice from another heart surgeon.... Read more »

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1 Answer | Asked in Personal Injury and Employment Discrimination for Oregon on
Q: Retiring early due to a traumatic experience

Between 2008-9 I was involved in a head-on collision with a drunk driver his fault I drive professionally as a truck driver the although it's a left me a little bit dramatic Lee confused and at the age of 50 I don't have any other options other than early retirement if that's an... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 10, 2019

This isn't a personal injury question as the statute of limitations to sue the other driver has long since past. However because your brain injury continues to limit your ability to work you could investigate whether you can get Social Security Disability. I would look for Attorneys near... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 4, 2019

Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... Read more »

3 Answers | Asked in Civil Litigation, Personal Injury and Car Accidents for Oregon on
Q: We received a summons to file a motion and don't think we are a fault. How do we proceed on a limited income?

A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 17, 2019

Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Oregon on
Q: my brother killed himself with his girlfriends gun, she left it out. Her ex killed himself too. she didnt call the cops

is there anything we can do to make sure there is not a third person this will happen to

Joanne Reisman
Joanne Reisman answered on Sep 28, 2019

This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: If a neihbor on our HOA property rides a bike with no helmet and gets injured can the HOA and/or we be sued?

My house is part of a condo HOA and sometimes the kids from the neighboring apartments come over to play with my kids. They will often ride their bikes around the parking lot. But my wife and I are concerned because they do not have helmets. So if they are riding their bikes on the HOA property... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 17, 2019

Premises liability is very complicated. The best thing you can to is to make sure you have good home owner's insurance and high policy limits. Oregon law requires children to wear helmets but it is really up to the parents to enforce this. You are not liable for what children do or the... Read more »

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

3 Answers | Asked in Personal Injury for Oregon on
Q: I am trying to find a lawyer who will help me with my personal injury case on an hourly basis. Any suggestions?
Joanne Reisman
Joanne Reisman answered on Jul 17, 2019

You can certainly contract with any Personal Injury Lawyer on a hourly basis but why would you? It is usually to your advantage to work on a contingency basis. An hourly basis would mean paying the Attorney up front from your own funds to cover their fees and they can drop your case if the money... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Oregon on
Q: How can I remove a PIP claim from someone not written on my auto insurance policy?

My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 11, 2019

You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520

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