Determining Liability for a Personal Injury

A woman sitting on a couch with an arm in a sling and a neckbrace around her neck

The Party At Fault Pays

Many factors go into determining who is the liable party in a personal injury lawsuit. In Oregon, the law protects injured victims and holds negligent parties accountable for their actions. If you have suffered an injury in an accident, it is important to understand how liability will be determined in your case so that you can get the compensation you deserve.

In this blog post, we will discuss some of the key factors that are considered when determining liability in a personal injury lawsuit.

Comparative Negligence

Determining liability in Oregon can be a complicated process. One important factor to consider is the state's comparative negligence law. Under this law, your own negligence can impact the amount of damages you're able to recover from another party.

Oregon follows a modified comparative negligence rule. This means that if you're found to be partially at fault for an accident, how much you are awarded will be reduced by an amount equal to your percentage of fault. However, if you're more than 50% at fault, you won't be able to recover any damages from the other party.

For example, say you were involved in a car accident where the other driver ran a red light. The court finds that you were also negligent because you weren't wearing a seatbelt. As a result, you're assigned 20% fault for the accident. This means that any damages you recover will be reduced by 20%.

Filing a Claim

If you've suffered an injury because of a negligent party, you may be wondering how to file a personal injury claim. In Oregon, the process is relatively straightforward. You'll first need to gather evidence to prove that the other party is at fault. This can include witness statements, photos or videos of the accident, and any police reports that were filed.

Once you have this evidence, you'll need to file a complaint with the court system. The statute of limitations for filing a personal injury claim in Oregon is two years from the date of the accident.

You'll also need to provide evidence that you suffered damages due to the accident. This can include medical bills, lost wages, and pain and suffering. Once you have all of this information, you'll be ready to file your personal injury claim.

Types of Damages That Can Be Recovered

In Oregon, the types of damages that can be recovered in a personal injury case fall into two general categories: economic and noneconomic. Economic damages are those that are assigned a specific monetary value, such as medical bills, lost wages, and property damage.

Noneconomic damages are more subjective and include items like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be available. These are designed to punish the at-fault party for particularly reckless or egregious behavior.

The Importance of the Right Attorney

When you are the victim of a personal injury, it is important to have a personal injury attorney by your side who will fight for your rights. Determining liability can be difficult, and insurance companies will often try to lowball you on your settlement. An experienced personal injury lawyer will know how to investigate your claim and build a strong case so that you can get the compensation you deserve.

If you have been injured, contact the team at Levine Law Center LLC for help. We know that it can feel devastating to suffer an injury because of someone else's negligence, and we will strive to get you the compensation you deserve.

Call us today at (503) 433-8340 or visit us online to learn more information or to schedule a consultation.