Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I was awarded a 150,000 settlement to which I was 25% at fault and have 25% attorney fees. What is the payable amount

No other costs incurred, state of Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 2, 2017

Hard to say, as you may have your terminology confused. If you settled for $150k, then you settled for that amount which reflects any discount (or should). If you got a jury verdict for $150k, with a 25% reduction then the award is $112,500, and your attorney would take 25% of that, which is... View More

View More Answers

4 Answers | Asked in Personal Injury for Oregon on
Q: What are the downsides of hiring a PI attorney on a contingency basis?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 1, 2017

The only real one is that potentially you could end up better paying them by the hour. As in, if you pay say $300 an hour, and they only have to work 10 hours to get a settlement, then you pay $3,000. Let's say the settlement is for $30,000. Typical contingency fee agreement is for 33%, so in... View More

View More Answers

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: What should I expect out of settling my dog bite case?

A couple months ago I was moving into a friends house and her pitbull and rottweiler attacked me. They got my arm, upper and lower part, pretty good with their teeth and then also on both side of my hip and sliced 2 of my fingers open. Luckily my friend had USAA so I did not have to sue her to pay... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

Without seeing the scars it's difficult to tell. It could be a large case or small case. Were your photos taken to show all scars? Were the photos of good definition? In the best light?

Generally they will ask you what you think a good figure is or they will start out low.That's...
View More

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights and Sexual Harassment for Oregon on
Q: An ex-boss touched me in the chest twice in 1997 (I'm female, he is male); is there anything I can do?

I left due to this behavior from my ex-boss. I felt very uncomfortable about this but I never expressed this to anyone. This occurred in Beaverton, OR.

William John Light
William John Light
answered on Nov 13, 2017

Your statute of limitations has almost certainly expired, unless the defendant left the jurisdiction or you have been mentally incapacitated for a lengthy period of time. Also, the fact that you never expressed these facts to anyone for 20 years will almost certainly be held against you in regards... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: I was injured when the bike I was riding hit a pothole. Can I sue the city for not properly maintaining the roads?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 1, 2017

Potentially, but you have to start with a tort claim notice first. To be successful though, you would need to show the city already knew of the pothole. Even then, you will have to deal with the issue as to why you did not see it.

3 Answers | Asked in Personal Injury for Oregon on
Q: I got hit by a cyclist as I was walking on a sidewalk.

The person says they're not at fault because there was no bike lane for them to use - is that right?

Mr.  Gary R. Johnson
Mr. Gary R. Johnson
answered on Oct 20, 2017

No that's incorrect. Bicyclists can ride their bicycles on sidewalks unless the municipality has a regulation prohibiting that. Even so, bicyclists must exercise reasonable care to avoid pedestrians.

View More Answers

1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Juvenile Law for Oregon on
Q: Do you take personal injury cases due to the State of Oregon DHS's wrongful taking of children/falsely accusing parents

Basically I'm asking if you take cases involving lawsuits against the State of Oregon?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 18, 2017

I don't, and attorney's cannot solict your business here anyway. You will have to search one out.

Also, note that suing a government agency means filing a tort claim notice within 180 days of the incident, so if that has not happened, that needs to be done quickly.

2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Sexual Harassment for Oregon on
Q: I was contacted on Facebook by a plasma donation center employee to try to date me using person info provided

I went in to donate and later received a Facebook message from an employee asking me out and telling me his boss would kill him when he knew. I feel totally violated and tried to be polite as I plan to frequent this center and need the money. What are my rights here? Can I sue for privacy... View More

Joanne Reisman
Joanne Reisman
answered on Oct 16, 2017

You need to get help to change your Facebook Settings to make sure that your personal information is not visible to people you don't know. I am not an expert on privacy laws so whether or not you have a lawsuit I can't tell you. Generally speaking you need to prove economic damages to... View More

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes, Personal Injury and Civil Rights for Oregon on
Q: What can do if my ex-boyfriend video taped us having sex without my knowledge or consent?
Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

You have a right to the image & or an order forbidding him to release it. However you'll likely have to pay the attorney to get to the order.

3 Answers | Asked in Personal Injury for Oregon on
Q: My son rented a truck that turned out to have bad brakes

- he was involved in an accident and another person was injured - is my son on the hook for all of this, or can we go after the truck company?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 6, 2017

Turn it over to his insurance and let them figure out who to go after.

View More Answers

1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Oregon on
Q: Is a 90s Chevy Suburban able to be used as an Implement of husbandry? It's used for work between two farms.

I read that as long as it's used for farm work, isn't loaded over 8,000 pounds and isn't wider than 8 1/2 feet it could qualify as an Implement of husbandry. Is this correct, seeing how the Suburban isn't 8 1/2 feet wide and wasn't pulling a trailer or was it loaded with... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Let's see you want to get out of something and think a judge or cop will be really sympathetic with a stretch like this.

If you are a AAA member your motor club can at least help you with background on the definitition. Generally the laws are written that if it walks like a duck and...
View More

2 Answers | Asked in Personal Injury for Oregon on
Q: My daughter was injured during a college soccer game -- intramural -- is the college liable in any way?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 8, 2017

Depends on how she was injured. If another player slide-tackled her, no, the college would not be liable. If she tripped over a sprinkler head that was improperly installed/maintained or something else related to the college, then potentially.

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for Oregon on
Q: I was injured on the job. No lost time but alot of mental issues (ptsd). Due to incompetence and gross negligence. Case?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 27, 2017

Unlikely to have a personal injury case against your employer, as your sole remedy usually is a worker's compensation claim. That said, get a worker's compensation attorney to maximize your recovery, and they also should be able to tell you if you might have a case against your employer... View More

1 Answer | Asked in Personal Injury for Oregon on
Q: How much information can the insurance company give me about the injuries the other party suffered in my car accident?
Mario F. Riquelme
PREMIUM
Mario F. Riquelme
answered on Aug 25, 2017

Insurance companies will likely be very reluctant to share information regarding what injuries other parties to the accident have suffered, as any information they receive is likely protected by HIPPA, and their dissemination of another person's health information could result in liability to... View More

2 Answers | Asked in Personal Injury for Oregon on
Q: I was held hostage in a liquor store. Where the gunman killed himself. Can I be compensated
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 21, 2017

Potentially, but not an easy case since the liquor store did not exactly do anything wrong, the guy did. You could go after the estate of the gunman, but given he was presumably robbing the place, likely no assets to go after.

View More Answers

2 Answers | Asked in Personal Injury for Oregon on
Q: Do I have any kind of a claim against the national park service if I injured by an animal in the park?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 11, 2017

Doubtful. Even if you did, you need to file a federal tort claim notice first.

View More Answers

3 Answers | Asked in Personal Injury for Oregon on
Q: Do I have a right too surveillance of a fall I endeared I suffered injury for?

I fell in a store in their own product, do I have right too review the video? And do I have right too know the company policy on spills/floor checks? Is it legal too voice record a conversation in public with a manger if they were unaware?

Joanne Reisman
Joanne Reisman
answered on Jul 30, 2017

It may be illegal to voice record a conversation in secret if you are in the store or another public place. You can legally record phone calls you make FROM YOUR HOME, where you are in your house recording the call. The theory is you can consent to a phone call made on your own phone in your own... View More

View More Answers

1 Answer | Asked in Personal Injury for Oregon on
Q: Can you file a suit for soft tissue injury?

I had fallen on liquid in a store, they didn't know about the spill but it was their product, no warnings signs. I believe I have muscle and tenden tears.

Joanne Reisman
Joanne Reisman
answered on Jul 29, 2017

The problem with these types of cases, known as premise liability cases, is that you have to prove that the store was aware of the spilled liquid, had time to clean it up, and failed to clean it up or warn you. A store is not liable every time someone slips and falls. You have to understand that... View More

4 Answers | Asked in Personal Injury for Oregon on
Q: If I file a claim, is there always going to be negotiation?

Why won't the insurance company just pay the exact medical costs?

Joanne Reisman
Joanne Reisman
answered on Jul 20, 2017

File what type of claim for what with whom? You need more details before anyone can answer this.

View More Answers

1 Answer | Asked in Libel & Slander and Personal Injury for Oregon on
Q: Can I sue for damages for defamation of character?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2017

Yes, you can. However, winning defamation cases is difficult, as opinion and the truth are defenses. Plus, it is hard to prove the damages, as in how much would you be owed. Lastly, collecting any money from a judgment can be difficult, unless the person has money or assets.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.