What should I do immediately after a personal injury accident in Portland?
Seek medical attention first, even if you feel fine. Many injuries, like concussions or soft tissue damage, don't show symptoms immediately. Call 911 if anyone needs emergency care.
Document everything at the scene if you're able. Take photos of the accident, your injuries, property damage, and surrounding conditions. Get contact information from witnesses and the other party involved. Don't admit fault or discuss details beyond basic facts with insurance companies.
Report the incident to police for motor vehicle accidents, or to property owners for slip-and-fall cases. Keep all medical records, police reports, and correspondence related to your case.
How do I know if I have a valid personal injury claim?
You likely have a valid claim if someone else's negligence caused your injury and you suffered damages. The four key elements are: duty of care, breach of that duty, causation, and damages.
Common valid claims include:
- Car accidents caused by distracted or impaired drivers
- Slip-and-fall accidents on poorly maintained property
- Medical malpractice from healthcare provider errors
- Defective product injuries
- Dog bite incidents
Oregon follows a modified comparative negligence rule, meaning you can still recover damages even if you're partially at fault, as long as your fault is less than 51%.
What is my personal injury case worth?
Case value depends on your economic and non-economic damages. Economic damages include medical bills, lost wages, and future treatment costs. Non-economic damages cover pain, suffering, and lost quality of life.
Factors that increase case value:
- Severe or permanent injuries
- High medical expenses
- Significant time off work
- Clear liability on the other party's part
- Strong documentation and evidence
Oregon doesn't cap non-economic damages in most personal injury cases, unlike some states. However, each case is unique and settlement amounts vary widely based on specific circumstances.
How long do I have to file a personal injury lawsuit in Oregon?
Oregon's statute of limitations for most personal injury cases is two years from the date of injury. For medical malpractice, you have two years from when you discovered or should have discovered the injury, with a maximum of five years from the actual malpractice.
Important exceptions:
- Claims against government entities require notice within 180 days
- Wrongful death cases have a three-year limit
- Minors have until their 20th birthday in most cases
Missing these deadlines typically means losing your right to compensation permanently. Contact a lawyer immediately if you're approaching any deadline.
What questions should I ask when choosing a personal injury lawyer?
Start by asking about their specific experience with cases like yours. A lawyer who handles car accidents may not be the best choice for medical malpractice cases.
Essential questions to ask:
- How many similar cases have you handled?
- What were the outcomes and settlement amounts?
- Will you personally handle my case or pass it to an associate?
- How do you communicate with clients throughout the process?
- What are your fees and when are they paid?
Ask for references from past clients and check online reviews. Most personal injury lawyers work on contingency, meaning they only get paid if you win.
How do I compare personal injury lawyers in Portland?
Look beyond flashy advertisements and focus on track record and experience. Check their success rates with cases similar to yours and verify their credentials with the Oregon State Bar.
Key comparison factors:
- Years practicing personal injury law specifically
- Trial experience (not just settlement experience)
- Professional recognition and peer ratings
- Client testimonials and case results
- Resources to handle complex cases
- Communication style and availability
Schedule consultations with 2-3 lawyers. Most offer free initial consultations where you can assess their knowledge, approach, and whether you feel comfortable working with them.
Should I accept the insurance company's first settlement offer?
No, almost never. Insurance companies typically start with lowball offers hoping you'll accept quickly before understanding your full damages. The first offer is usually well below what your case is actually worth.
Wait until you reach maximum medical improvement before considering any settlement. This ensures you know the full extent of your injuries and future treatment needs.
Before accepting any offer:
- Get all medical treatment you need
- Understand your long-term prognosis
- Calculate all economic losses
- Consider non-economic damages like pain and suffering
- Have a lawyer review the offer and negotiate on your behalf
Once you accept a settlement, you typically cannot seek additional compensation later, even if your condition worsens.
What if I can't afford a personal injury lawyer?
Most personal injury lawyers work on contingency fees, meaning you pay nothing upfront. The lawyer only gets paid a percentage (typically 33-40%) if they win your case or secure a settlement.
If you don't win, you owe nothing for attorney fees. However, you may still be responsible for case expenses like filing fees, expert witness costs, and medical record retrieval fees.
Benefits of contingency arrangements:
- No upfront costs or hourly fees
- Lawyer is motivated to maximize your recovery
- Access to experienced legal representation regardless of income
- Risk is on the lawyer, not you
Always clarify fee arrangements and expense responsibilities before hiring any lawyer.
