Have you been injured in Oregon and believe it was caused by someone else’s wrongful actions? As a consequence, are the medical bills piling up and thus causing you to miss work because of your injuries? We are fully aware that these impediments are not allowing you to enjoy life as much as you used to. If you relate to any of these circumstances, then, it is time to file a personal injury claim. Before you file it though, it is important to know what exactly a personal injury accident really is.
As opposed to property damage, in tort law a personal injury is defined as any wound to the body, mind, or emotions. As a result, personal injury lawsuits are filed against the at-fault party that caused the harm through negligence, reckless behavior, intentional misconduct, and in some cases strict liability.
What are the Common Kinds of Personal Injury Cases?
Any type of accident or incident can result in a personal injury case, but the following are the most common types of claims:
Car Accident Cases
- Car accidents are the leading cause of personal injury claims in the United States.
- When this type of accident occurs, it is usually the result of a failure to abide by the posted traffic regulations.
- A negligent driver can be held financially and legally liable for injuries suffered by the victim in a car accident.
Slip and Fall Cases
Another common type of personal injury case is a slip and fall injury claim.
- Property owners (or, in some cases, those renting the property) have a legal obligation to keep their premises reasonably safe and free of hazards so that could injure any suspecting bystanders or visitors.
- Of course, not all injuries on the property will result in liability. The precise nature of a landowner’s legal duty varies depending on the circumstances and the law in effect in the state where the injury occurred.
- When a doctor or other health care professional provides a treatment that falls below the appropriate medical standard of care, resulting in an injury, a medical malpractice claim can arise.
Defamation: Libel and Slander
Defamation in the form of libel or slander refers to a person’s reputation being harmed as a result of false statements from another party.
- In a defamation case, the plaintiff must prove a clear and formulated false statement stemming from the accused party.
- Typically, the average person only needs to demonstrate that an untrue negative statement was made and that actual harm (financial loss or damaged reputation) resulted from it.
In most cases, the owners of a dog are financially responsible for the dog’s bites and other injuries.
- However, the specific laws governing owner responsibility differ from state to state.
- In Oregon, strict liability rules apply, and the dog owner is liable for dog bite damages even if the dog has never shown aggression or a proclivity to bite in the past.
- In other states, “one bite” rules apply, under which the owners are liable for personal injury damages if they have reason to believe their dog is aggressive or prone to biting (like a previous history of bites.)
Assault, Battery, and Other Intentional Torts
Intentional torts, unlike most other types of personal injury claims, are not based on accidents caused by negligence or carelessness. Rather, these are defined as circumstances when one person intentionally harms or injures another.
- These cases may also include a criminal case against the perpetrator. For example, if one person physically assaults another the perpetrator may face criminal charges.
- In addition, the victim has the right to file a personal injury lawsuit through a personal injury lawyer in civil court. By doing so, they will seek compensation for injuries sustained from the aggression.
Types of Personal Injuries
Personal injury lawsuits typically address three major issues that may arise as a result of an incident:
Actual Physical Harm
- If someone was injured in a car accident because of a careless driver the victim would expect to be compensated.
- Compensation will pay for current and future medical costs.s.
- This involves further operations, home treatment, physical therapy, and everything else that could assist the injured person in resuming a regular life.
Pain & Suffering
Personal injury attorneys advise their clients to collaborate with mental health providers to record their suffering.
- A person filing a claim should be able to remember the things they used to enjoy but can no longer do
- Individuals who were not immediately affected in the accident may also seek compensation for pain and suffering in some jurisdictions. For example, if a spouse was assaulted and no longer able to engage in a meaningful relationship, they would be able to claim damages for loss of companionship.
One of the most daunting injuries to pursue alone is emotional distress. Nonetheless, with the services of an expert personal injury attorney the process of attaining justice will become stress-free. Emotional distress may be caused inadvertently or deliberately. This includes a wide variety of injuries, from slander to physical damage attacks.
Who Gets Sued?
Truthfully speaking, anybody that is found to have violated their duty of care to others will be found culpable and will thus be sued if need be.
If you believe that another party acted in a negligent manner due to the named circumstances above and you got injured, then you have every single right to sue and file an official claim.
The term “duty of care” refers to a broad range of behaviors that occur daily:
- Grocery stores have a responsibility to ensure that customers do not slip and fall.
- Every motorist owes a duty of care to safely operate y at all times.
- Medical professionals have a duty of care that requires them to practice their profession safely and ethically.
- Manufacturers have a responsibility to ensure that their goods do not expose customers to unnecessary risks.
The Settlement Process
Approximately 95% of all accident cases are settled out of court. The typical settlement procedure entails hiring a personal injury lawyer and filing the necessary paperwork with the state where the injury occurred.
If you were injured in the accident, your personal injury attorney would then negotiate with an insurance carrier to reach a settlement that is acceptable to your interests and that accounts for the damages.
If talks do fail however, injured parties may decide to go to trial. If this occurs, the court will hear both sides’ claims and issue a decision.
You Are Entitled To The Best Legal Representation Available.
Without the assistance of a personal injury attorney, pursuing a personal injury case will prove unsuccessful. If you believe you have a legal basis for a complaint, you should consult with an Oregon personal injury attorney. We strongly advise you to hire a knowledgeable legal specialist to help you achieve successful outcomes and success with your claims.
Luckily, at Senft Legal, we can provide this crucial service to you. We work hard to ensure that you obtain the legal advice and representation that you deserve. We will do everything in our power to win your case. We’ll assist you in building a stronger case to ensure that the case is handled correctly. Contact us right now to begin with your personal injury claim.