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Oregon Personal Injury Questions & Answers
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,... View More

Jina Ly Clark
Jina Ly 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... View More

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1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... View More

Theressa Hollis
Theressa Hollis
answered on May 6, 2020

Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... View More

3 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: What legal action could/should I take regarding long term low level carbon monoxide poisoning over the past 6 years?

My family and I moved into our rental 6 years ago. Recently Our Security system we just bought picks up general air quality ie. pollen, cooking odors, methane, dust and carbon monoxide. It was detecting abnormal air quality the past week that we've had it. I double checked our smoke... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 2, 2020

That can certainly be distressing but nothing you posted indicates that you have actually suffered any specific harm from the exposure so what are your damages? Plus, a landlord is not a guarantor that nothing will go wrong. Rather it is their duty to fix problems with reasonable diligence once... View More

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1 Answer | Asked in Personal Injury, Business Law and Employment Discrimination for Oregon on
Q: What can I do if my job is at high risk of giving me covid? It is a crowded place, and it isn't essential

I work in a call center, we are more than capable of doing this job from home, they aren't allowing us to work from home, but they're not doing anything but putting our lives at risk. Every single person that works there gets sick if so much as one other person gets sick. The job that we... View More

Joanne Reisman
Joanne Reisman
answered on Mar 31, 2020

Assuming you are in Oregon Governor Brown's order expressly banns office work when the work can be done from home. https://www.opb.org/news/article/oregon-washington-northwest-coronavirus-cases-live-updates-march-23/ This article explains where to report a suspected violation:... View More

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I was in a accident.I recieved an reward letter for $100, 590.64 my policy is for a $100,000 who is gets the $590.64.
Jina Ly Clark
Jina Ly Clark
answered on Mar 26, 2020

To answer this question, further questions need to be asked. State law could affect the answer. If I had to guess, you have personal injury protection, PIP. In addition to policy limits, there is usually 10-15k of PIP depending on whether you live in Oregon or Washington or whatever state you... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: What should we do with my sons Dr? He implanted a medical device in my sons heart that has been recalled by the FDA

my son almost died from infection in his heart from the implant . now he has tried to say my sons valve should be repaired but nothing about taking the device out that has made him sick and is recalled. I feel the dr is lying and has lied to cover up mistakes such as implanted the wrong size as... View More

Joanne Reisman
Joanne Reisman
answered on Jan 8, 2020

You say that your son is now an adult so your son will need to be the person that seeks additional medical advice or who contacts an Attorney if he feels that there was medical malpractice. You should talk to your son and encourage him to seek medical advice from another heart surgeon.... View More

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1 Answer | Asked in Personal Injury and Employment Discrimination for Oregon on
Q: Retiring early due to a traumatic experience

Between 2008-9 I was involved in a head-on collision with a drunk driver his fault I drive professionally as a truck driver the although it's a left me a little bit dramatic Lee confused and at the age of 50 I don't have any other options other than early retirement if that's an... View More

Joanne Reisman
Joanne Reisman
answered on Dec 10, 2019

This isn't a personal injury question as the statute of limitations to sue the other driver has long since past. However because your brain injury continues to limit your ability to work you could investigate whether you can get Social Security Disability. I would look for Attorneys near... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: Today, sixteen years later, I found out I was molested and have written proof from the molester can I press charges
Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 4, 2019

Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon... View More

3 Answers | Asked in Civil Litigation, Personal Injury and Car Accidents for Oregon on
Q: We received a summons to file a motion and don't think we are a fault. How do we proceed on a limited income?

A 14-yr.-old was struck by a car on the corner by our property in 9/17. We learned of this in August 2019, when we received a letter from a lawyer saying we are partially liable because our hedge was overgrown, and our homeowners insurance should pay. The hedge was overgrown/very tall when we... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 17, 2019

Do what the attorney had said, turn this over to your homeowners insurance. They will then hire an attorney and defend you.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Oregon on
Q: my brother killed himself with his girlfriends gun, she left it out. Her ex killed himself too. she didnt call the cops

is there anything we can do to make sure there is not a third person this will happen to

Joanne Reisman
Joanne Reisman
answered on Sep 28, 2019

This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: If a neihbor on our HOA property rides a bike with no helmet and gets injured can the HOA and/or we be sued?

My house is part of a condo HOA and sometimes the kids from the neighboring apartments come over to play with my kids. They will often ride their bikes around the parking lot. But my wife and I are concerned because they do not have helmets. So if they are riding their bikes on the HOA property... View More

Joanne Reisman
Joanne Reisman
answered on Sep 17, 2019

Premises liability is very complicated. The best thing you can to is to make sure you have good home owner's insurance and high policy limits. Oregon law requires children to wear helmets but it is really up to the parents to enforce this. You are not liable for what children do or the... View More

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

3 Answers | Asked in Personal Injury for Oregon on
Q: I am trying to find a lawyer who will help me with my personal injury case on an hourly basis. Any suggestions?
Joanne Reisman
Joanne Reisman
answered on Jul 17, 2019

You can certainly contract with any Personal Injury Lawyer on a hourly basis but why would you? It is usually to your advantage to work on a contingency basis. An hourly basis would mean paying the Attorney up front from your own funds to cover their fees and they can drop your case if the money... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Oregon on
Q: How can I remove a PIP claim from someone not written on my auto insurance policy?

My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 11, 2019

You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520

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1 Answer | Asked in Personal Injury for Oregon on
Q: can you more clearly define reckless endangerment?
Joanne Reisman
Joanne Reisman
answered on Jun 18, 2019

I don't see how this is a personal injury question. It sounds like you are asking about a criminal charge. Try re-posting this as a criminal law question. To be liable in a personal injury lawsuit the defendant only needs to be found to be negligent in their conduct which caused the injury.

4 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: My uncle ,my two boys and I were in a accident last month I wasn't at fault I don't have LIC. Or insu. What can I do?

My uncle was hurt badly, it was Sprint carriers Corp. Semi truck with trailer hit head on

Joanne Reisman
Joanne Reisman
answered on Jun 7, 2019

Your uncles should get a personal injury Attorney. Since you say you weren't at fault your uncle's Attorney will likely look to the other driver and their insurance for damages. Similarly an Attorney can represent your two boys against the other driver and their insurance.

As...
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1 Answer | Asked in Personal Injury, Civil Rights, Juvenile Law and Libel & Slander for Oregon on
Q: My 18 year old daughter pierced my 12 year old daughters' nose. She is not licensed or in school. What can I do?

She picked her up from a friend's house and hid her from me, and has been instrumental in the kidnapping and coercion of her, which the nose piercing is evidence of.

Gary Kollin
Gary Kollin
answered on May 31, 2019

Press charges and maybe she can go to jail

1 Answer | Asked in Personal Injury for Oregon on
Q: My wife was injured by a hyper tough orbitor sander to her hand and arm,and we need to know what her legal rights are

We cant seem to locate any information on who or how to contact the company on this as well

Tim Akpinar
Tim Akpinar
answered on May 29, 2019

I hope your wife is recovering from her injuries. You're asking about her rights. That could depend on additional details. Was the orbital sander defective in any way. From a product liability standpoint, that means: was it defectively manufactured, designed, or did it fail to provide adequate... View More

3 Answers | Asked in Personal Injury for Oregon on
Q: I was electrocuted In Goodwill

I was testing an electric blower and the employee from the store handed me a bad extension cord that was missing the ground yea and I was electrocuted.

Joanne Reisman
Joanne Reisman
answered on May 26, 2019

Electrocuted? Then you are dead now if that's what you mean. Probably you got an electric shock. Unless this caused a medical problem where you ended up needing medical treatment this isn't going to be the type of case that most Attorneys could find a way to take economically. So if... View More

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1 Answer | Asked in Personal Injury for Oregon on
Q: need to know if I need to file a adp report even though haven't been served papers to the ins co yet?
Joanne Reisman
Joanne Reisman
answered on Apr 2, 2019

I don't know what ADP stands for. It's not common lingo for Oregon PI Attorneys. I also don't know what you mean by serving papers on the insurance company? You don't serve papers on an insurance company unless you are suing them for something. Normally you serve the person... View More

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