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Oregon Personal Injury Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given a shingles injection the wrong way and I'm now suffering long term side effects. can I sue?

The technician who gave me the shot injected it in the wrong area. I have had pain and swelling in the area for over 2 months now. I have 2 ultra sounds scheduled for next week to find out what the swelling is in my arm and another one to check for vein and nerve damage. I don't feel I should... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2023

Yes. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: How long do I have to file a personal injury claim?

Walking in neighborhood and caught the toe of my shoe on a piece of sidewalk that has raised up. Broken wrist and surgery followed. This was 3/21/23.

Brad  Holbrook
Brad Holbrook
answered on May 23, 2023

Most claims for negligence in Oregon must be filed within two (2) years of the accident. So, you should file the complaint in court by 3/21/2025; however, you would want to resolve this claim much sooner. You also should consult with a lawyer about your rights and options. If this matter involves... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Do I have options? my spouse was driving and crashed involving just our vehicle. I broke my back can i be compensated.
Vincent J. Bernabei
Vincent J. Bernabei
answered on May 9, 2023

In General:

A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because...
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2 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: My wife was hit while driving her car, after the other driver failed to yield right of way at his stop sign.

Their insurance co wants to pay us an amount far less than comparable autos we can find anywhere. My own co has offered even less. Their offers are 2K less than any comparable. Should we pursue the “appraisal clause” option, or hire our own lawyer? There is a medical claim for injuries incurred... View More

Jina Ly Clark
Jina Ly Clark
answered on Apr 28, 2023

If you settle with the at-fault party for the contested vehicle amount and sign a release, you will most likely preclude any settlement or award for the injury settlement. You can accept the uncontested amount offered provided you do not have to sign a release. If you think you are being... View More

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2 Answers | Asked in Landlord - Tenant and Personal Injury for Oregon on
Q: Last 4 months water has been coming in thru ceiling 100 gallons a day when it rains. Can I sue landlord personal injury

Had to remove everything from room. Residents cannot be left unattended. Must empty buckets constantly. So doesn’t go to lower level. He won’t reduce rent. He actually raised my rent wife and I have been sick more . We has a mold guy here we have mold.

Gregory L Abbott
Gregory L Abbott
answered on Mar 15, 2023

It sounds as if you may have claims for reduced rent value, possibly mold damages as well. If desired, with written notice to the landlord, you may have rights to move to alternative housing at the landlord's expense above your rent. Consider reviewing everything with a landlord-tenant attorney.

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1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Education Law for Oregon on
Q: Is it illegal in Oregon to tell someone to kill themself? what if the person told makes an attempt?

An 8th grader told another 8th grader to kill themself on two separate occasions. This was in person on school grounds. The 8th grader who was told to do it made an attempt. Are there any legal consequences for the 8th grader who made the statement? Does it matter that the 8th grader who attempted... View More

Brad  Holbrook
Brad Holbrook
answered on Mar 1, 2023

You asked if there are legal consequences for the 8th grader for telling someone to kill themselves. I don't think there is a "Yes" or "No" answer. I would suggest that most likely, "No", because an 8th grader is not likely to fully appreciate the severity of what... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: My lawyer does not have my best interest and I am unsure what to do

I am involved in an MDL. My lawyer has been terrible from the start with little to no communication, minimizing the effects of the trauma I've been through and try trying to persuade me to take a settlement that is ridiculously low for what I've been through. I feel he is very... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 28, 2023

You can always fire your attorney. However, you may still have to pay them, which can make it difficult to find a new attorney.

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... View 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

Jina Ly Clark
Jina Ly 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... View 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
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... View 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... View More

Brad  Holbrook
Brad Holbrook
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... View 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... View More

Brad  Holbrook
Brad Holbrook
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... View 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

Jina Ly Clark
Jina Ly 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... View 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
Jina Ly Clark
Jina Ly 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.

Jina Ly Clark
Jina Ly 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... View 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... View 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... View 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
Jina Ly Clark
Jina Ly 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... View 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... View 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... View 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... View More

Jina Ly Clark
Jina Ly 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.

Jina Ly Clark
Jina Ly 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... View More

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