Oregon Questions & Answers

Q: how much to have an attorney to request my medical records for me? I am illiterate and have a difficult time with forms

2 Answers | Asked in Personal Injury for Oregon on
Answered on Mar 23, 2017

Depends on how many records (locations) you are looking to obtain. Then, in addition to the cost of the attorney, most places also then charge a fee for the copies. That varies from place to place, and can vary depending on the number pages in your file. Some places, such as Kaiser, will charge a $40 flat fee to put all of your records on a disc or available via download.
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Q: I was wondering what are the oregon laws on custody and Visitation when the father uses illegal drugs??

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Answered on Mar 22, 2017

Your question doesn't make sense. With respect to custody and parenting time the court generally makes a customized order for each case. Generally speaking you need to keep your child out of any potentially dangerous situation and that includes keeping the child away from a parent who is actively abusing drugs. It sounds like you have already gotten a protective order and you are just waiting for it to be served. If the protective order states that you don't have to let your child go and...
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Q: In Alaska, if i am being sued for tort automobile accident, how much does it usually cost for a lawyer or if i am found

2 Answers | Asked in Car Accidents for Oregon on
Answered on Mar 22, 2017

First, you should consult with an attorney immediately. 2nd, if the insurance company paid the other driver they should have had that driver sign a release releasing you from liability. You need to find out whether that was done. The insurance company should not have settled the claim against you without requiring the other driver to sign the release releasing you from liability. You may have a claim against your fiancée's insurance company for paying the other driver without obtaining a...
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Q: high school booster club does fund raising and people donated for specific sports programs do we fall under title 9 law

1 Answer | Asked in Business Law for Oregon on
Answered on Mar 22, 2017

Very unlikely. Title IX obligations apply to an educational institution or "education program or activity receiving Federal financial assistance." From your question, the booster club would not be covered because it does not receive U.S. funds.
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Q: I also have another question I was adopted when I was two days old to a white family and I'm native American .

1 Answer | Asked in Family Law, Adoption and Native American Law for Oregon on
Answered on Mar 21, 2017

You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.
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Q: What can we do if car was rear ended and both parties have same insurance

2 Answers | Asked in Car Accidents for Oregon on
Answered on Mar 21, 2017

The easiest thing is to use your boyfriend's full coverage for the car and pay the deductible. Then his insurance company will fight with the other driver's insurance and determine who is at fault. If the other driver is at fault they will usually get the deductible and reimburse your boyfriend for what he paid. The legal cost to hire an attorney and fight this would be more than the deductible. (Usually the driver that hits someone from behind is at fault for failing to leave enough room...
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Q: HR told me my job was safe for 6 months. Have the recorded audio. Then they fired me after 12 weeks of FMLA. Shocked.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Answered on Mar 20, 2017

Not sure why this popped up for Oregon, since it says you posted from Tacoma. Anyway, find a local employment law attorney to discuss.
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Q: Is a durable power of attorny the same as a will?

2 Answers | Asked in Family Law and Probate for Oregon on
Answered on Mar 20, 2017

No.

But both documents are commonly done together by estate planners. Each document operates at a DIFFERENT TIME than the other as well. PoAs are only effective during your lifetime, Wills only effective after death.

If you have specific questions about YOUR situation, you should consult with a local estate planning attorney.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am...
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Q: Can you sue a veterinarian for breach of bailment for hurting your pet in Oregon?

1 Answer | Asked in Civil Litigation and Contracts for Oregon on
Answered on Mar 20, 2017

You haven't given enough facts to allow us to determine if a breach of bailment theory would be the right cause of action. It could be. Generally speaking a pet is considered personal property and if someone is negligent in how they care for your pet, you can sue them for the negligence. If it is a professional like a veterinarian, then you would have a claim for professional malpractice. There can be multiple different legal theories for a single injury. Attorneys normally include all...
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Q: If there is no will when your dad dies don't the siblings have to split the estate?

1 Answer | Asked in Estate Planning for Oregon on
Answered on Mar 20, 2017

Under Oregon's intestacy laws, property will be equally divided among the surviving children if there is no spouse. However that doesn't mean that Oregon's intestacy laws control the property in all situations where there is no will. The role of the intestacy laws can be preempted by other actions the decedent took prior to dying. For example, if the decedent added one child's name to a joint bank account, that child might inherit the entire bank account. Similarly with real estate. If...
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Q: Can a seller back out of a contract within 72 hours of signing?

1 Answer | Asked in Contracts for Oregon on
Answered on Mar 20, 2017

Generally no. There is a federal law that allows you to cancel a contract if it was due to a door to door salesman. http://www.nolo.com/legal-encyclopedia/question-cancel-contract-three-days-28073.html In other situations, you may have a right to cancel a contract in a certain time period if the contract states that you have that right. So read the contract. Also know that you can negotiate for a right to cancel a contract and add it to the contract before you sign it if the other party...
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Q: My court appointed attorney is married to a CPS caseworker. Isn't that a conflict of interest?

1 Answer | Asked in Family Law and Legal Malpractice for Oregon on
Answered on Mar 19, 2017

it shouldn't be. I would only be concerned if the spouse CPS worker was involved in the same case. Every attorney is ethically required to zealously represent their client. It doesn't matter who they are married to. If you feel that this is causing a problem, then you might want to ask the judge to appoint a different attorney. But it really should be a problem.
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Q: How can I find out if my friend got her moms money out of probate?'

1 Answer | Asked in Estate Planning and Probate for Oregon on
Answered on Mar 19, 2017

You can go down to the probate court and look up the case. Probate cases are public information so most of the documents in the probate file will be public. Beyond that, if you aren't a party to the probate case or an heir, this really doesn't have anything to do with you.
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Q: How does a father that resides in Oregon file for parenting plan of a child residing in Illinois with mother?

1 Answer | Asked in Family Law for Oregon on
Answered on Mar 18, 2017

Basically, you first need to first determine what court has jurisdiction to establish custody and a parenting plan. Assuming that it is Illinois, you need to contact an attorney in Illinois and figure out how to file there.

To determine what court in what state has jurisdction, you need to follow the rules set out by the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act). You should google UCCJEA and learn more about the details..

Generally speaking the UCCJEA...
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Q: My ex wife had my two kids. 7 months back she gve my son to me. Being garnished.she owe me that money back?

1 Answer | Asked in Family Law and Child Support for Oregon on
Answered on Mar 18, 2017

It is your obligation as the payor of the support to initiate a modification of the support order when the situation of where the children are living changes. The original judgment for child support continues in full force until it is modified. So any money that she has received she can keep until your file for a modification. You can go to the courthouse and get paperwork to modify the parenting time/custody arrangement and the corresponding child support. But understand that she could...
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Q: My father passed away 2 days after being released from the hospital from gall bladder surgery. No autopsy was performed

2 Answers | Asked in Medical Malpractice and Wrongful Death for Oregon on
Answered on Mar 16, 2017

I believe a family member can request or demand an autopsy. (The family may need to pay for the autopsy.) This is something that should be done right away. It is probably too late if the body has been buried or cremated although there is a way to do some types of forensic autopsies on a body that has been exhumed. I am not sure how helpful that would be. On the other hand, the medical records alone may be sufficient to smoke out medical malpractice. If you suspect medical malpractice you...
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Q: My father passed away. He was not married and had no will nor did he have any assests.

2 Answers | Asked in Probate for Oregon on
Answered on Mar 16, 2017

If he truly had NO assets (as in NOTHING in his name alone -- no car, no home, no savings bonds no bank accounts or IRAs etc.) then why would you file anything with the Courts? What would you receive if you did?

If there IS some reason you believe you should file Probate, you need to seek out a local lawyer who can guide you through the process. There are many traps for the unwary, including filing for probate and incurring the expenses when there is no reasonable likelihood that...
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Q: I raised my grandson since he was born. My daughter took him back at the beginning of the the school year. And because

1 Answer | Asked in Family Law for Oregon on
Answered on Mar 15, 2017

If within the past 180 days, the child resided with you and you provided his daily care, nurturing and support, you are eligible to file a claim for custody of the child. If it has been more than 180 days since the child resided with you, then you can still file a claim for visitation rights. These are usually complex cases, and you will have to prove that current circumstances are detrimental to the child and that his parents are not acting in his best interests. In a contested case that...
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Q: my boyfriend is coming down and wants me to sign adoption papers for his daughter the mother gave up her parental rights

1 Answer | Asked in Adoption and Family Law for Oregon on
Answered on Mar 15, 2017

This is a bad idea, and I would advise against it for many reasons. Mother can't just give up her parental rights, unless they were terminated by a court order. You will need a judgment/decree of adoption, which will make you the legal parent of the child. You should consult with an attorney before proceeding further on this.
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Q: My sister and I jointly own the house in which we both live. Can doctors and hospitals put liens on the house for bills?

1 Answer | Asked in Real Estate Law and Health Care Law for Oregon on
Answered on Mar 15, 2017

If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to the co-owner's interest in the property. If you and your sister own the home with rights of survivorship, and she survives you, then the entire equity, minus a statutory homestead exemption, may be subject...
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