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Oregon Personal Injury Questions & Answers
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:...
Read more »

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...
Read more »

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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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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Driver 1 speeding no license or insurance and driver 2 pulls out in front of him who is at fault?

Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 17, 2021

Whether a driver has insurance or a license doesn't matter as to fault. If you can prove he was speeding you would likely get some comparative fault on the motorcyclist.

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1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: Hey so I got into a car accident with no license or insurance and I got hit on the passenger side by a Amazon car

But the place we where at didn’t have a stop sign and I had my 4 month old in the car and my back hurts really bad

Virgil Royer
Virgil Royer answered on Dec 6, 2020

I am very sorry this happened to you. Especially this time of the year, with COVID-19 impacting much of our lives. I am going to assume that you were not at-fault in this accident. First the health of you and your child are the most important thing. Fortunately, a well-protected baby can do well in... Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Real Estate Law and Civil Litigation for Oregon on
Q: I was living in a house in authority of Jackson county apartment complex with a VAWA voucher And I am also fully disable

I had my home broken into repeatedly in my car stolen from the parking lot and now they’ve served me with addiction notice because I’m a victim again how is that fair ? I did file online a formal complaint with the housing and urban development and they called me to see if it’s their... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

An Oregon attorney could advise best, but you await a response for three weeks. Do you mean an EVICTION notice? Read it more carefully. If that's the case, repost this under Landlord-Tenant law and hopefully an experienced L-T attorney could offer meaningful guidance. Good luck

Tim Akpinar

3 Answers | Asked in Personal Injury for Oregon on
Q: Injured,had coffee thrown on me.

A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.

Virgil Royer
Virgil Royer answered on Nov 15, 2020

I am very sorry that you were injured. I hope that you receive proper treatment for both your arm and leg. The first step to a personal injury is to ensure that you take care of your health. You may have two possible claims. One for the intentional tort of assault/battery and one for negligence. It... Read more »

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2 Answers | Asked in Personal Injury for Oregon on
Q: Do lawyers fight against their own city or county?
Jennie Lynn Clark
Jennie Lynn Clark answered on Oct 27, 2020

A lawyer is able to fight against their own city or county if the lawyer chooses to accept a case against the city or county. All state law claims against a governmental agency require that tort claim notice be received by the governmental agency or representative within 180 days, which is a... Read more »

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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...
Read more »

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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