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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Education Law and Public Benefits for Oregon on
Q: I want to sue head start for kicking my son out because he has tourettes and called dhs on me 5 times before they kicked
Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. At this point, one option is to reach out to law firms to see if it's possible to set up a free initial consult to briefly discuss. In addition to your own attorney searches, you... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Can I sue my landlord/ workers for damage to my vehicle

My landlord s worker caused real damage to my classic vehicle that I was restoring and has no intention on paying for any of the damages

Jennie Lynn Clark
Jennie Lynn Clark
answered on Dec 15, 2022

Under the doctrine of respondeat superior your landlord is responsible for the actions of his employees and/or agents in the course and scope of their employment and/or agency. If you need an attorney to assist you, there is an attorney fee provision under ORS 90.255 if a lawsuit is filed and you... Read 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 PRO label
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... Read 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... Read more »

Brad  Holbrook
Brad Holbrook PRO label
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... Read 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... Read more »

Brad  Holbrook
Brad Holbrook PRO label
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... Read more »

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1 Answer | Asked in Personal Injury and Business Law for Oregon on
Q: Are single LLC owners personally liable for damages from there employees, managers and or members actions in Oregon?

For 11 months the Property Manager where I. Own my trailer has commited vacarious acts towards my person, my company property and my company income along with many other actions

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 26, 2022

Assuming that the LLC is set up properly, you wouldn't be able to go after the owner's personal assets such as their personal home. However, the LLC is responsible for it's employees under the doctrine of Respondeat Superior. The owner of the property is responsible for the manager... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Oregon on
Q: If I want to Sue DHS what kind of lawyer do I need civil or tort
Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 12, 2022

Both. You need to get in tort claim notice within 180 days. You need a civil attorney to assist you.

1 Answer | Asked in Personal Injury for Oregon on
Q: Van and trailer parked construction truck behind it smashed into my trailer causing my van to lunge forward and hit me.

I have no license nor insurance I was in front of my van when he hit it and it hit me .I film his truck and him apologizing to me for doing it and admitting it.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 4, 2022

Normally, you are precluded from getting non-economic damages if you are driving without insurance and have not been insured within the last 6 months. However, it this case, you were not driving. You are allowed to own a car you do not drive. Even if you were driving you would be entitled to... Read more »

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to have ones neighbors spy and follow them around. Neighbors who share walls document all?

I believe my landlord is colluding with my surrounding neighbors in order to gain information about the way I live so that they may navigate renters insurance the best way. For 6 months this has caused me extreme mental distress to the point where I tried to kill myself out of hopelessness and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2022

Hard to see how someone else affects your renters insurance but nothing you have posted appears to be unlawful. Also is very hard to see why you would elect suicide over just moving elsewhere. You would likely be better served to focus your efforts on getting adequate counseling and care rather... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

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2 Answers | Asked in Contracts, Landlord - Tenant and Personal Injury for Oregon on
Q: Who is responsible 4 damage caused by third party installation company (water damage/asbestos disruption in a rental)?

Washer/dryer, delivery/installation were purchased directly from a big box store (BBS). BBS hired a third party for D/I. Install done incorrectly, water flowed from washer during first cycle. Installer admitted & corrected install. Damage repair requires asbestos abatement. BBS says not... Read more »

Katherine Goodman
Katherine Goodman
answered on Jul 5, 2022

If you have not made a claim with your own rental insurance you should do so. Additionally, depending on what your lease agreement says you or your rental insurance may be responsible for the repairs and depending on the contract you signed with the installer/store as well. It is hard to say as... Read more »

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1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Oregon on
Q: 22 y/o son with developmental disabilities and mental illness was taken to ER after a suicide attempt & then arrested.

5 Security rushed towards our son & he picked up a plastic chair and held over his head because he thought he was in danger. He has PTSD from abuse and trauma background. They tackled him and chair came down on security guards head. He pressed charges against our son for assault and use of... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 20, 2022

I would check with the attorney who handled the case to see if there is a way to undo the plea. Generally, it is difficult to undo a plea once the plea deal is done.

Our law firm's policy is not to accept police misconduct cases on a contingency fee basis if a person pleads guilty....
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2 Answers | Asked in Personal Injury for Oregon on
Q: On 03/09/2021I was injured in a car accident that I was not responsible for. Sustained injuries. Offer was $50,00.00

I sustained fractured sternum, fractured ribs, large contusion on cheek bone. No follow up due to there is nothing they could do for those types of injuries. The accident happened in Medford, Oregon.

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 29, 2022

If that is their policy limits, it is probably reasonable. However, before you accept policy limits you need permission from your own insurance company to accept. Otherwise, you will not have access to your underinsured motorist policy. If you have an Oregon policy, you likely have underinsured... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: I was in a car accidents that wasn't my fault, sustained injuries, want to know if I should settle for insurance offer

My injuries consisted of a fractured sternum, fractured ribs, and a very large contusion on my cheek

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 27, 2022

To answer this question a lot more information would be needed:

Date of Loss

Amount of Medical Bills

Unpaid medical bills that are accident-related

Future medical, if any

Liens on settlement (Your insurance companies will likely have liens)

Wages lost...
Read more »

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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