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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Products Liability for Oregon on
Q: Need help about filling out a release of liability form

Hi, I have a question about dealing with an auto accident between two parties who both agreed to take care of the accident privately. The accident occurred in Oregon state but one of the drivers lives in Washington. Under which state should I fill out a Auto Accident Release of Liability Form? Can... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 24, 2018

Honestly, it would not matter, to the extent there would be different forms. A release would be a release. The accident occurred in Oregon, which means that is really the proper forum.

1 Answer | Asked in Personal Injury for Oregon on
Q: Does renters' insurance cover a person who inhale second-hand smoke from a neighbor?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 13, 2018

Renters insurance should cover a claim made against you for such, in that they should defend you. As to the merits f such a claim, I would posit it would likely not be a successful case.

2 Answers | Asked in Personal Injury for Oregon on
Q: How can I file a complaint over $10,000 in oregon court? is this a personal injury suit?

I was hit in the face by a crazed women and her cell phone, while walking the street in Eugene Oregon. I was not at a business. I have horreible scars on my face that makes it hard to be in public. I suffer from massive migraines.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 28, 2018

You just draft a complaint and file it, then serve her. However, you might consult with a personal injury attorney first to go over all of your options.

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4 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: i was hit today by a dump truck from a big company, i am not at fault, but i dont have a license but have sr22.

i had right of way, he had a stop sign, i was turning and he hit me. what do i do now?

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2018

Most attorneys will provide a free consultation. Contact a local attorney to find out your legal rights as to compensation and coverage for property damage and / or personal injuries. While AVVO is a wonderful forum, it is not a substitute for having the legal advice from an attorney as to the... View More

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1 Answer | Asked in Personal Injury for Oregon on
Q: My auto insurance accidentally expired two days before my accident. Can I still get coverage if I renew it right away?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 20, 2018

If you caused the accident and you are asking if your insurance will then cover the damages you caused, unlikely. However, if they did not give you proper notice that it would expire, then you may have an argument.

If you did not cause the accident, get it renewed ASAP, as otherwise you...
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1 Answer | Asked in Personal Injury and Employment Law for Oregon on
Q: Can I sue after a year for emotional distress if I was abused at a job and management did nothing? Lead to assault

Was abused and harassed by supervisor for 6mths reported it. She assaulted me. I lost my job

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 19, 2018

Most employment law claims have a one-year statute of limitations, so you may be too late. Further, it depends on what the harassment was about, as it has to be related to you being in a protected class.

That said, you could use the harassment against your employer to sue them for the...
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2 Answers | Asked in Criminal Law, Employment Law, Libel & Slander and Personal Injury for Oregon on
Q: guy we were working for assaulted one of our workers 2x and now refuses to pay us. Says we are trying to extort

He also shoved his way into the camper we were living in and broke our stuff in the process of the 2nd assault. He is also trying to say we stole 10g worth of stuff that he said we could have and we got out of the dumpster. He refuses to pay and says he is keeping everything I purchased for the job... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 6, 2018

Hard to follow exactly what happened. If he assaulted you, you can sue for battery. If you were an employee, you can sue for the back wages and a penalty wage. If you were an independent contractor, you can sue for breach of contract.

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2 Answers | Asked in Personal Injury, Landlord - Tenant and Small Claims for Oregon on
Q: Can someone that I was living with, rent-free, for ninety-four nights, put all my belongings outside on her front porch?

(I had keys to the house and the porch is open and visible, so you can see right into it.) I had to leave on very short notice, this past Saturday. I do not own a car and I can only carry so many things with me. We agreed that I would come back today to get the rest of my things. I texted her... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

Go get the stuff.Ask friends, family for help. Legally you have an argument to make but your stuff get's taken you don't want to be tied up making arguments--spend the time getting a ride. A cab if you have some money. Free rent that long means she's going to get the sympathy.

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1 Answer | Asked in Personal Injury and Civil Rights for Oregon on
Q: Hello, Can you sue a retail store?

My story: I was shopping a retail store, the associate scanned my items and I payed with my credit card. The recipts were printing and I was signed one of the recipts. She asked to look at my credit card when I have shopped in their stores and never asked to look at my card. I decline because it... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 28, 2018

Being able to sue and actually winning are two different things. Here, you would need to show why the cashier asked, and then it would have to be due to some sort of discrimination such as race.

1 Answer | Asked in Personal Injury for Oregon on
Q: Are there different statute of limitations rules for different types of injuries in Oregon?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 27, 2018

Generally speaking, no. Most are two years. Wrongful death, which is a type of personal injury is three years, and defamation I believe is one-year.

1 Answer | Asked in Personal Injury for Oregon on
Q: I know you can sue for dog bites, but what about outdoor cats who are microchipped and belong to a man in your

neighborhood?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 14, 2018

You could, but unlike dogs, there is no statute as to economic damages that makes it easier to win: https://www.oregonlaws.org/ors/31.360

1 Answer | Asked in Personal Injury, Wrongful Death and Workers' Compensation for Oregon on
Q: Can a homeowner be held liable for hiring an unsafe company to work on their home?

If the company displays photos or videos of non-OSHA compliant work practices on their social media, website, promotional media, etc. or the client observes employees of the company working in an unsafe manner, does the client assume some level of liability if an employee of said company gets hurt... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

I don't believe so. If a worker is injured they should be guided by their insurer and not give statements.

5 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I am hit from behind by someone with car insurance who admits it's their fault and they would pay for the damage.

When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is... View More

Mario F. Riquelme
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Mario F. Riquelme
answered on Feb 12, 2018

You may be in a tough position in certain regards if you were driving without insurance, this is the case whether you knew about it or not. In Oregon, you are barred from recovering non-economic damages for a loss that occurs while driving uninsured. There are certain exceptions, but this can get... View More

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1 Answer | Asked in Arbitration / Mediation Law and Personal Injury for Oregon on
Q: Under Mandatory Dispute Resolution ORS 31.250(6) When award of punitive damages against health practitioners prohibited,

when I am requesting non-economic damages, do I have to cite the subheadings all the way to the category of their profession? Or will ORS 31.250 do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 2, 2018

If you are requesting punitive damages, you really need to have an attorney as this is a complex process.

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I got in an car accident with a bicyclist who wasn't wearing a helmet.

Does my insurance still need to pay for any preventable head-related injuries? It was his fault for not wearing a helmet.

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 18, 2018

The fact that the injured bicyclist was not wearing a protective helmet would not be an issue that could diminish the the value of the case to the plaintiff who was injured. In fact, most lawyers would submit a motion in limine to prevent the lack of a helmet to be introduced as a factor in the... View More

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1 Answer | Asked in Civil Rights, Personal Injury and Criminal Law for Oregon on
Q: can the courts make you clean asbestos from a torn down house as part of your community service
Gregory Andrews Cade
Gregory Andrews Cade
answered on Jan 23, 2018

Since asbestos is a carcinogenic agent which needs to be carefully handled, the answer is no. Removing asbestos can entail tremendous health consequences, as well as serious environmental contamination, if performed incorrectly. Therefore, it is a job which must be left to professionals who have... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: My daughter was just given her the wrong vaccination after discussion of the correct vaccination. How?!
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 10, 2018

This would be what we call medical malpractice, and it happens because we are humans and prone to errors. Hopefully she did not have any bad reactions. If she did, then you would have a good medical malpractice case. If she was not harmed, there is still a small case, but not worth much (I settled... View More

3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: How do I prove that someone who hit me with their car when I was a pedestrian owed me a legal duty and was negligent?
Mario F. Riquelme
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Mario F. Riquelme
answered on Jan 10, 2018

This depends on the facts of your case. First you have to figure out what the legal duty was. Generally, drivers of motor vehicles have a duty to avoid collisions of any nature. This duty is heightened when it comes to collisions where pedestrians are likely to be found (crosswalks, etc.) Once... View More

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2 Answers | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Q: Does the government have immunity if one of their employees hit me in a government-owned vehicle?
Joanne Reisman
Joanne Reisman
answered on Dec 29, 2017

No. You will have a personal injury lawsuit just like you would in any type of car accident, but you have to do what is called a tort claim notice if the government agency is an Oregon State or Local Agency and that notice needs to be sent out within 180 days of the accident or you lose your... View More

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1 Answer | Asked in Personal Injury for Oregon on
Q: What is the best way to prove that a property owner was aware of a hazard that caused me as a guest to get injured on

his property?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 11, 2017

Prior incidents, or witnesses that were told by the landowner of the condition.

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