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

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2 Answers | Asked in Personal Injury for Oregon on
Q: Do lawyers fight against their own city or county?
Jina Ly Clark
Jina Ly 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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

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

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