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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Q: How do recreational statutes work? If I'm injured in a state park, does that shield the state from all liability to pay

my medical bills?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 4, 2018

Depends on how you were injured, as in whose fault was it. Be careful, you have to send a tort claim notice within 180 days of the injury though.

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Does the fact that I was driving without a license mean an at-fault drive can't be held liable to pay for my injuries?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 19, 2018

Not exactly. There is a law that if you were driving without insurance you cannot recover what are called non-economic damages, such as pain and suffering. And if you did not have a license, you may not have had insurance either.

But, even if that is the case, you can still get economic...
Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: I got food poisoning at a required work dinner and so did a bunch of other coworkers. Do I sue my employer or the

catering company that made the food?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 5, 2018

You can't sue your employer, as you can only file a worker's compensation claim as to your employer. You can go after the caterer, though you do have to prove they were the ones responsible.

3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I wasn't wearing a seat-belt when another car side-swiped me, does that mean I can't win a lawsuit for medical bills?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 24, 2018

Not quite, but it reduces how much you can get: https://www.oregonlaws.org/ors/31.760

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1 Answer | Asked in Personal Injury for Oregon on
Q: So I got into a disagreement at a sporting event that resulted in a physical fight

-- they started the physical stuff, but I started the disagreement - who is at fault? Can I sue them to cover the bills for my injuries?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 12, 2018

You can always sue, but as an attorney, I would not want to take that sort of case to trial. The fact that you question whose fault it was based on you starting the argument is exactly what the jury would struggle with. My best guess is that even if you win, the jury would award like a $1.

1 Answer | Asked in Personal Injury for Oregon on
Q: What happens if the person in a lawsuit dies while it's still going on? Can our family still continue it?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 26, 2018

Yes, your family can still continue the lawsuit. Basically the estate is substituted in for the person you sued.

2 Answers | Asked in Personal Injury for Oregon on
Q: Is it hard to get money for pain and suffering in a suit - I've heard it is.
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 14, 2018

It depends on the injuries. If the injuries are soft tissue, it can be.

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4 Answers | Asked in Civil Litigation, Wrongful Death, Personal Injury and Gov & Administrative Law for Oregon on
Q: Are there any personal injury attorneys licensed and familiar with practice in BOTH arizona AND oregon?

My dad was murdered in lake havasu city, AZ, I live in OR..OR doesnt really help because the crime wasnt committed here, AZ has done very little more than make me feel even more confused, alone, lost, rejected, wrong for needing help/having questions & having absolutely no idea of what i can or... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 12, 2018

There probably is, but it would be time consuming to find those few who do. That said, you do not need an Oregon attorney, you need an AZ one that does wrongful death. Just do a Google search for wrongful death attorney in the closest bigger city and then make some calls.

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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I felt okay after my car accident a few weeks ago, so told

the police I didn't need to go get checked, but now I don't feel well - will the insurance company say it's not because of the accident and not cover it?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 31, 2018

They will certainly try, but it is also common to not feel the pain from the injuries right away.

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3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was hit by a car while riding my bike. The driver was at fault. My question is, will the fact that I was on meth

Will me being on illegal drugs at the time of the accident ruin my personal injury case?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 20, 2018

If the other side knows about it, of course it will effect it. For one thing (DUII is not my area of practice) if one is convicted of DUII (which includes drugs and includes riding a bicycle) in an accident, you cannot recover anything in that accident for non-economic damages, i.e. pain and... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was recently in a Car accident where a driver was using the special left turn lane as I was exiting a parking lot

One this day it was very sunny and dry, I was stopped at a parking lot exit waiting for southbound lane traffic to allow me to turn on to a special left lane turn so I could merge on to the northbound lanes on the other side, the traffic on the southbound lanes stopped and wave me on to get on the... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 14, 2018

You are getting the run around because you don't have an Attorney representing you. Yes, absolutely your have the right to turn in the middle turn lane and other drivers can only use that lane to start and finish turns, not for direct travel. That's why the guy got the ticket. But nothing I will... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for Oregon on
Q: In a personal injury case, I'm being sued, can they take my military disability compensation income? Or retired income?

Or put a lien on my house?

Joanne Reisman
Joanne Reisman answered on Aug 14, 2018

i would hope that you have car insurance and your insurance company is defending you. The majority of these case will settle at or below your policy limits assuming you have insurance. If the damages were very severe and could exceed your policy limits you could be at risk.

You can...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Oregon on
Q: what are our options?

me and my wife were assaulted by our oldest duaghter who is 16. we have a total of 4 kids including her 2 of which have special needs who witnessed the incident and traumatized by it. we called 911 police came and refused to arrest our daughter even though there was clear marks on both my wife and... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 3, 2018

If your daughter is a minor in your custody you have the legal right to commit her for a psychiatric evaluation or to put her in some type of institution that works with problem children. You would have to figure out how to pay for these services. Your health insurance might cover the psychiatric... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: I filed a complaint and included personal injury for health related problems, that were caused.

Defendants' want 10 years worth of all kinds of medical information, much unrelated. How do I ask for more limited disclosure?

Joanne Reisman
Joanne Reisman answered on Jul 24, 2018

Please get a lawyer to help you even if you just pay for an office visit. This is an area that even the most seasoned lawyers struggle with. The answer to your question depends on what court you are in and what the local practice is for dealing with these types of requests. Typically you refuse... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city to cover medical expenses?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 18, 2018

Many cities require the property owner to maintain the sidewalks, so it may be the homeowner's fault.

1 Answer | Asked in Personal Injury for Oregon on
Q: Are liability waivers enforceable at Crossfit gyms?

Faulty equipment caused my back injury, and the gym refuses to negotiate with me to cover my medical bills.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 29, 2018

The issue is a bit in flux. An Oregon Supreme Court decision a few years ago involving Mt. Hood Meadows said they are not, but I think it is more nuanced than that. Basically, you cannot sign away negligence, so hard to know if that was your issue since you say faulty equipment.

What I...
Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: I'm allergic to bees and I got stung while at a friend's house. Can I sue to recover my medical bills?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 15, 2018

I doubt the bee has insurance or you would be able to track the bee down to sue.

Otherwise, you would have to show it was someone's fault you were stung, such as they threw the beehive at you.

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1 Answer | Asked in Personal Injury for Oregon on
Q: Should I have to pay for another biker's injury if he chose not to wear a helmet?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 1, 2018

Yes, but you can make an argument to reduce the amount and see if that gets a jury to reduce the award.

2 Answers | Asked in Personal Injury for Oregon on
Q: if i instigated a fight, and got beat up by the male person ( i am female), would i be in trouble if i turned him in?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 19, 2018

Depends on what you mean by instigated and how the fight turned out. If you started the fight in that you hit first, the other person has a right to defend themselves.

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1 Answer | Asked in Personal Injury for Oregon on
Q: My gardener hurt his back while working at my house. Can he bring a claim against me for being the property owner?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 11, 2018

Depends on how he hurt his back. Turn it over to your homeowners insurance and let them handle it.

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