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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Criminal Law for Oregon on
Q: One of my neighbors had been harassing me and my family for a few months. Making Vulgar remarks and threatening gestures

I would like to know what I can legally do to get him to stop me and my family are in fear that it will escalate into something more. He's already tried hitting me with his vehicle On one occasion. And has been Menacing us with treats

Joanne Reisman
Joanne Reisman
answered on Jul 19, 2017

You need to report this to your local police. The attempt to hit you with his vehicle may well be an assault. Generally speaking a person making vulgar remarks isn't going to get in trouble as they do have a right to free speech so this is a tricky area. But a sum of acts that would put a... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Workers' Compensation for Oregon on
Q: I was just informed I meet all criteria under ors 147.015 and will be compensated under ors147.005 to 147.365

What claims can I file? Can I still request my rights?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 9, 2017

You really should find a worker's comp attorney. From my understanding, is they are paid in a way that does not decrease what you get.

2 Answers | Asked in Personal Injury for Oregon on
Q: How does PIP coverage work? Is it required in Oregon?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 30, 2017

For auto policies in Oregon, it is required. Not for motorcycles though. I do believe there is a way to waive it, but it has to be in writing.

As to how it works, if you are injured in a car accident (or if you are covered under a policy and injured as a pedestrian or bicyclist) then your...
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2 Answers | Asked in Personal Injury for Oregon on
Q: If another person injured me on a ski slope can I hold the ski resort responsible too?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 16, 2017

Potentially, though I would say the ski injury issue is still an open question in Oregon. In the past, due to the inherent risks of skiing, you could not recover against the ski resort. I would suggest finding an attorney who has actually handled these types of cases to consult with.

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3 Answers | Asked in Personal Injury and Health Care Law for Oregon on
Q: I am part of a mesh lawsuit for organ prolapse

I will receive a settlement for the physical damages done to my body thus far. Anything further that occurs to my body physically in the future is too bad. I have chosen to not have a revision surgery at this time. The pain I feel is tolerable. However, I know that I face more issues,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 5, 2017

If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.

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4 Answers | Asked in Personal Injury for Oregon on
Q: If an existing health issue gets worse after a car accident can you sue for that?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 2, 2017

You can sue for the aggravation to a preexisting condition. The tough part is proving how much worse it is.

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1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for Oregon on
Q: My mother accidentally parked in a reserved spot for about an hour and then discovered her car had been vandalized.

The perpetual was likely the owner of the spot. Are they at fault and can they be made to pay damages?

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 24, 2017

You need to establish who was at fault by a preponderance of the evidence. That means more likely than not. You also have to prove the decreased value of the vehicle, which usually is the cost to repair the vehicle. If you don't have a witness and there is no videotape of the incident, and... View More

2 Answers | Asked in Personal Injury for Oregon on
Q: How would i go about talk to the apartment complex about the bills. what is the best way?

To go talk to the apartment complex about them covering my bills from when i broke my leg in there parking lot due to snow and ice on the street. what is the best way to go about this? Do i call their insurance or the manager of the complex. Do i need to ask or say anything in particular?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2017

Talk to the manager, unless you happen to have their insurance info, and tell them you fell due to the snow in the parking lot and need to see if they have medpay coverage as part of their landlord insurance.

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3 Answers | Asked in Personal Injury for Oregon on
Q: Do i have a case If i broke my leg in a apartment parking lot due to ice/snow I had surgery and i am unable to work?

I slipped in a apartment complex parking lot where their was a lot of snow and ice. I broke my leg and had to have surgery. This happened in janurary I have been unable to work since then and have no income. My bills are piling up from the accident. I am wondering if i have a case on suing the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 15, 2017

First, if you have a case, it will not cost you anything up front, as attorney's take these on a contingency basis.

That said, it is at least worth it to file a claim with the apartment complex, as they often have medpay insurance, meaning they will at least cover your medical bills up...
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4 Answers | Asked in Personal Injury for Oregon on
Q: A construction companies truck almost killed me and I want to know where that leaves me legally

I was walking to the grocery store when a truck belonging to a construction company came around the corner. The two tires on it's passenger side came off while driving and one of them came directly at me. If I had not been as quick on my feet at I was the tire would have hit me and probably... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 2, 2017

Given you were not physically impacted, you would have a tough case. Theoretically you could claim assault (which battery is the physical touching), but it would be difficult to win, not to mention what are your damages? Without significant damages, attorneys would likely not take such a case, and... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: how much to have an attorney to request my medical records for me? I am illiterate and have a difficult time with forms

I have tried myself and am ignored. Thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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... View More

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1 Answer | Asked in Personal Injury for Oregon on
Q: I was assaulted by a patient of a therapist who was aware of the danger but did not report it; can I sue the therapist?

My husband's brother has been seeing a therapist for a while for bipolar and autism. For some reason, I have been the target of his rage since last Summer, and I am certain that his therapist was aware of it. Two days ago, he had an appointment with his therapist. His therapist waited an... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 15, 2017

You should consult a member of the Oregon Assn for Justice who handles professional carelessness cases--they give free consults.

2 Answers | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for Oregon on
Q: police liability

homeless people broke into my vacant home. When I discovered this I called police to remove them. They claimed some story about a craigslist scam when police talked to them. Oregon law states I am required to post a 24 hour notice to criminal trespassers which I did and was nice enough to allow... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 14, 2017

Unlikely you would prevail against the police on this, as they did not do the damage. If you have insurance, file a claim. If the claim is accepted, your insurance company my go after the police in subrogation if they think there is a case.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: A lump in my fiancee's breast was discovered and noted in 2011. That lump was not diagnosed as cancerous until 2015.

Her medical records notate a 3mm lump but no further tests were recommended or suggested at that time. The lump did grow and was finally biopsied and diagnosed as Stage 2-B cancer in 2015. Since then, she's undergone chemotherapy, radiation and is currently going through hormone therapy. She... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 2, 2017

Really hard to say, as it is my understanding that it is not uncommon to have small lumps that may not warrant a biopsy. I would search out a firm that does medical malpractice, specifically as to cancer-related cases as they would have the right experience for your issue.

1 Answer | Asked in Criminal Law and Personal Injury for Oregon on
Q: Looking for a Pro Bone or low cost lawyer

A 35 yo Autistic man with no criminal history whose arm was broken in custody at Inverness Jail.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 27, 2017

Assuming you are attempting to find an attorney to sue the jail over the injury, you just need to find a personal injury attorney who handles civil rights cases against the government. Do a Google search for civil rights prison lawsuit Portland and start calling around. If you or your friend have a... View More

5 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Which type of lawyer do I hire for a civil suit regarding damage and injury during a car accident with uninsured driver?

A few weeks ago I was t-boned by an uninsured driver who ran a stop sign and I have some injuries that I am currently seeing a chiropractor and LMT for 3-4 times a week under PIP coverage with my insurance company. I do not have collision coverage, only liability.

I am seeking... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 13, 2017

I believe you are the same person as who posted this at Avvo, and yes, you need a personal injury attorney. That said, attorneys here and there cannot solicit your business, you have to contact them first. This is partly the rules on the websites, but also partly the somewhat archaic bar rules.

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1 Answer | Asked in Civil Rights and Personal Injury for Oregon on
Q: Is it legal for the news media to show a video of my car's license plate in an unrelated car theft report?

A stolen car was recovered in our cul de sac. The news media covered the story. They interviewed the owner of the car and videoed the driver leaving the cul de sac, the video zoomed in on our car parked in our drive and exposed the license plate numbers clearly. Is this an infringement on my... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 23, 2017

If your license plate was in plain view from a public location, then your privacy rights were not violated. If you haven't done so already, you should notify the media company of its representative's offensive, boorish conduct.

2 Answers | Asked in Personal Injury and Products Liability for Oregon on
Q: What's the first step in suing a Hair product company??

Hello.. I am writing someone in reguards of a hair product... couple weeks ago, my cousin wanted to change her hair.. so we went to Fred Meyers and bought a $10 dollar Splat box... when it was done.. it turned out perfect.. just a few days later... my cousin is repeatedly losing hair.. and... View More

Joanne Reisman
Joanne Reisman
answered on Dec 30, 2016

Attorneys bring lawsuits but experts are required to establish that someone was negligent. An attorney can't do that. So you have to find someone knowledgeable about hair products and their use that can examine your cousins hair and explain to you why the use of this product caused your... View More

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2 Answers | Asked in Personal Injury, Child Custody, Health Care Law and Medical Malpractice for Oregon on
Q: Can A ED Doctor Treat A Minor Without Consent Of Minor Or Parent?

I Was Taken To The Hospital By Police For Suicidal Thoughts My Parents Where Never Contacted And I Never Consented To Treatment But Was Not Allowed To Leave. Is That Legal?

Joanne Reisman
Joanne Reisman
answered on Dec 11, 2016

Not my area of specialty but I believe there is legal grounds for a temporary hold (24 hours or 72 hours or something like that) if the police suspect that the person could harm themselves or others. So yeah, it's legal. As for contacting or not contacting your parents, I am not sure what... View More

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1 Answer | Asked in Personal Injury, Products Liability and Real Estate Law for Oregon on
Q: I have a 12 year old cherry tree who's roots uplifted a neighbor's walkway. Am I liable for the damages?

This old cherry tree used to sit with the trunk on my side of our property. Over the years its roots grew towards some water drainage on the other side of the fence (in the neighbor's yard). It uplifted their cement walkway by about 2 inches. When they notified me about it, I quickly had... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2016

You could ask your homeowners. Overhanging branches are a form of trespass. Roots it's not so clear. If they are held to be trespassing and lift the pavement the answer would be yes. However it's possible that from some readings the law would be no.

It is not really clear.

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