Oregon Personal Injury Legal Questions

While each case can have special factors that tend to increase or decrease what a jury might be inclined toaward for personal injury, a general formula for a case in which the injured party has a full recovery would be three times the total economic damages for medical treatment including physical therapy plus economic damages for loss of wages or other income caused by the injury. On the other hand, if there is a long-term or permanent impairment that could significantly increase the amount of the damages. For instance, if the injured party was a beautiful woman who had a promising career as a singer, model or actress but she suffered permanent scarring that remains apparent after she is fully healed, that would increase her damages considerably. In this case, any limitation of movement in the knee or continued pain when walking after your husband had fully recovered would be grounds for asserting permanant damages above and beyond direct pain and suffereing plus medical expenses and loss of earnings.... Read Answer

It depends on if you are the plaintiff or defendant.  Most plaintiff attorneys charge a contigency fee. This means the attorney only gets paid a percentage of any winnings from the case, no out-of-pocket fees.  Defense attorneys charge by the hour, and each attorney will bill differently depending on numerous issues. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

You may have a case; however, air bag cases are very difficult to prove. You should contact a product liability attorney as soon as possible. An expert should look at the vehicle prior to the repair of the vehicle. Do not repair the vehicle prior to an expert looking at it. Once repaired you will lose all evidence of any and all defects.... Read Answer

You need to speak with a local personal injury attorney.  There are various federal, local, and state statutes that may protect your rights and a local attorney will be able to determine which laws apply, and what damages maybe available should you choose to file suit. Most personal injury attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Sue the father and the law firm. Most courts require that money being held for the benefit of a kid has to be monitored through the Probate Court. Typically, I and most of the lawyers I know try to put kids' money into structured settlements, so that NO ONE can get the money before the kid turns 18, and then we try to program the money so that the kid gets money in lumps, so as to not waste it all. If the dad was given the money, then he HAD to protect the child. If he did not do that, then get a lawyer and sue the crap out of him. I would also sue the law firm, because I think that they were completely wrong to release the money like that.... Read Answer

Based on the information you provided, I would recommend calling an attorney to discuss your options. While certain disclaimers can limit a person's ability to recover for some injuries, the disclaimer you discussed may not be applicable to your injury. If you need any additional information, please feel free to send me an email. I wish you the best of luck with your case. Thank you.... Read Answer

You may have a medical malpractice case, but injury to a knee replacement during therapy might be an accepted complication of therapy. Additionally, if the second procedure will eventually heal the damage caused by the therapy, then there will a question about whether or not the case is financially viable.  If you want to investigate a cause further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You should always try to document all of your injuries and circumstances surrounding your accident. Whether you have the ability to complete an incident report, obtain witness names and statements or collect other critical evidence, it is important to preserve any and all possible support for your claim. I suggest to immediately speak with an experienced attorney who can properly evaluate your specific situation and advise you.... Read Answer

In the legal world, there are many possibilities of whether one can sue you or not. Theoretically, yes your friend may be able to sue you - however it does not mean that she will be successful in her claim against you. You were a permissive driver and if she had insurance coverage, her insurance could be used to pay for the repairs. I suggest you speak with an attorney who has experience handling these types of claims who can properly evaluate your specific case and advise you on the proper course of action.... Read Answer

A property owner is generally responsible for providing a safe environment for all people who may be using their premises. In order to properly answer your question, more information is required. I suggest you immediately speak with an attorney provide them all the information necessary to properly evaluate your specific case.... Read Answer