Portland Personal Injury Attorney
The Portland personal injury lawyers at DuBois Law Group have extensive experience with all for of legal practices involving harm to an individual caused by someone else’s negligence or reckless behavior. It is our mission to ensure that our clients feel informed, well-represented, and receive the justice and compensation they deserve. If you are interested in speaking to one of our experienced personal injury attorneys about your case, please call (503)-222-4411 for a FREE consultation.
Why Choose A Portland Personal Injury Lawyer From DuBois Law Group?
- Our Portland personal injury lawyers have a strong track record of successful settlements and jury verdicts. We have recovered millions of dollars on behalf of our clients, including over $50 million in a five-year period alone.
- Our firm takes a proactive role in our clients’ health through our separate medical department. We provide as much support to our clients in their medical treatments as possible, and we will even recommend specialists who can provide you with the care you need.
- We understand that financial hardship that often accompanies a serious injury. For maximum affordability, our firm operates on a contingency fee basis. If we do not secure compensation in your case, you will not be charged legal fees.
If You’ve Been Personally Injured, You Deserve a Fair Settlement
It’s easy to get frustrated with the law when it seems complicated on purpose, making it hard to navigate on your own. In addition, feeling this way while in pain or being unable to perform daily tasks because of an at-fault person makes things all the more difficult. So, hire a Portland personal injury attorney at DuBois Law Group to make your life easier.
Not only does our team help provide accident victims with their deserved compensation, but they also hold a careless person or company responsible for a reprehensible act. This, therefore, sets an example to discourage others from making the same mistake again in the future, benefiting society as a whole.
What Are Some Common Causes of Personal Injury Accidents?
Some common causes of personal injury or physical harm caused by another’s carelessness include:
- Product defects
- Unsafe premises
- Slip-and-fall accidents
- Car accidents
- Pedestrian accidents
- Bus crashes
- Truck collisions
- Bicycle accidents
- Motorcycle crashes
- Medical malpractice
- Drunk driving accidents
And many more.
Unfortunately, misfortunes happen to us. That’s why we do all we can to put our legal experience, resources, and knowledge to work so that a person can be fairly compensated for their suffering. At DuBois Law Group, our Portland personal injury lawyers choose to help people during some of the most challenging times in their life.
What Are Some Common Injuries in Personal Injury Cases?
Personal injury incidents can involve serious and debilitating injuries that often require weeks or months of recovery time. You may need extensive medical care, long-term treatment, and rehabilitation. Some of the most common injuries in personal injury claims include the following.
- Traumatic brain injuries: The brain is one of the most important organs in the body. During an accident, you may hit your head against a hard surface, have something penetrate your skull, or collide with a flying object. As a result, you can develop traumatic brain damage and permanent disabilities.
- Neck/ whiplash: During an accident, such as a car crash or truck collision, your body may twist and move in unnatural ways. As a result, the soft tissues in your neck and upper back can become strained and torn, leading to severe pain and a condition known as whiplash. It can take months to recover from neck injuries.
- Spinal cord and back injuries: Many of the muscles, tissues, and bones in the back can sustain an injury during an accident. Herniated or bulging discs, pinched nerves, sprains, and strains can lead to severe pain. In serious cases, you may sustain a spinal cord injury and become paralyzed below the injury site.
- Amputations: During many accidents, your limbs may become mangled and require amputation. In serious cases, the accident may sever your limb completely. This can impact your life in significant ways, both physically and emotionally.
- Burns injuries: Especially regarding vehicle accidents, in some instances, there are fires involved during a crash or on a premise that can lead to severe burns that can only be treated with medical attention.
- Broken bones: Fractures and broken bones are very common in motor vehicle crashes, slips and falls, and many other types of personal injury claims. Depending on the severity of the break, you may need reconstructive surgery, casts, mobility equipment, and prescription medication.
- Internal organ damage: Crushing injuries are common during many accidents, especially motor vehicle collisions and accidents involving heavy machinery. In these situations, you may sustain serious internal bleeding and damage to your organs, including the kidneys, spleen, lungs, and heart.
What Damages Are Available in Oregon Personal Injury Lawsuits?
If you are injured due to another person’s negligence, you have the right to hold him or her accountable for your losses via a personal injury lawsuit. Oregon law allows you to recover compensation for economic losses, or financial damages, as well as non-economic pain and suffering losses. Some of the most common compensatory damages in personal injury claims include the following.
- Past and future medical expenses
- Lost wages
- Loss of future earnings
- Property damage
- Rehabilitation and physical therapy
- Mobility equipment
- Loss of quality of life
- Emotional distress
- Depression and anxiety
- Chronic pain
- Post-traumatic stress disorder
In cases involving malice, a reckless disregard for the safety of others, and a conscious indifference toward the threat of harm, you may also be eligible for punitive damages. Unlike compensatory damages, which are intended to reimburse you for the losses you sustained, punitive damages are meant to punish the at-fault party for, especially dangerous behavior. Speak to our Portland personal injury lawyers at DuBois Law Group to determine which forms of compensation you are qualified to receive.
What Are the Four Ways to Receive Compensation in a Portland Personal Injury Case?
In Oregon, there are four pathways that you could take to recover compensation: negotiation, mediation, arbitration, and trial. When pursuing a legal claim, it is important to understand each of these options and how they could benefit your case.
Many personal injury cases are settled before entering the courtroom, but in some cases, it is best to go to trial. Your attorney from the DuBois Law Group can evaluate your options and identify your optimal path to compensation.
Negotiations can occur at any point during the personal injury process. These discussions are an attempt for you and the at-fault party or defendant to come to a settlement agreement before your lawsuit is filed or goes to trial.
Usually, negotiations take place between you, your attorney, the defendant, and the defendant’s lawyer. If you are pursuing an insurance claim, the defendant’s insurance representative will participate in negotiations.
If negotiations are successful, you will reach a settlement and your case will conclude. Your case will proceed in the lawsuit or insurance process if you are unable to reach an agreement.
Negotiation and mediation are very similar processes with key differences. Mediation is a process where a neutral third party will listen to both sides and help the parties reach a solution. This third party, known as a mediator, is impartial and trained in helping people settle disputes.
Compared to arbitration or trial, mediation is usually faster and less expensive to participate in. However, the mediator is not the party who agrees to a solution or implements a decision. Their role is to help everyone come to a mutual agreement.
If the parties can reach an agreement, they will agree to a settlement and the case will end. If no agreement is reached or either party requests a trial, the case will proceed.
Instead of engaging in mediation, some personal injury victims opt to go through arbitration. Like mediation, a third-party arbitrator oversees the arbitration process. However, these proceedings are more similar to a trial than negotiation or mediation.
During the arbitration, the defendant and the plaintiff will have the opportunity to present evidence to the arbitrator, who is chosen by both parties. The arbitrator will then make a decision in the case, and both parties will decide whether to accept or reject it.
The trial is usually the final step in a Portland personal injury claim. During this process, both parties will present evidence and arguments to a judge or jury. Depending on the complexity of the case, trials can last a few days, weeks, or even several months.
Trials can be very expensive and time-consuming, which is why many parties choose to settle beforehand. The judge’s decision in the trial is final; the parties will not have the ability to negotiate any terms.
How Can You Prove a Personal Injury Lawsuit in Oregon?
To secure compensation in a personal injury claim, you will need to provide enough evidence to establish the other party’s negligence. There are four key elements of negligence that you will need to prove.
- Duty: The at-fault party must owe you a duty of care at the time of the accident. This duty varies based on the circumstances surrounding your accident. For example, if you are in a motor vehicle collision, the other driver has a duty to follow traffic laws. If you are injured on someone else’s property, the owner has a duty to maintain safe premises.
- Breach of duty: The at-fault party must breach his or her duty of care through a negligent act or failure to act. In a car accident, for example, breaches of duty may include speeding, running a red light, or distracted driving.
- Causation: The at-fault party’s breach of duty must cause your accident and resulting injuries. For example, a driver running a red light and colliding into your vehicle as it crosses an intersection causes an accident. If he or she had stopped at the light as dictated by Oregon traffic law, the collision would not have occurred.
- Damages: You sustained damages in your accident that you can collect through your lawsuit. You can use many pieces of evidence to establish your right to damages, including medical bills, invoices, pay stubs, journal entries, and expert witness testimony.
Although these elements seem straightforward, liability in Portland personal injury claims can be complicated. If the at-fault party claims that you are partially responsible for the accident, Oregon’s comparative negligence rules will apply. This law reduces your settlement amount by the percentage of liability you allegedly share. If you are more than 50 percent responsible for the accident, you will not receive any compensation.
In these situations, you need an attorney on your side. Luckily, your personal injury lawyer from DuBois Law Group can help you gather and present the evidence necessary to establish the at-fault party’s negligence. He or she can also defend you against accusations of shared liability and protect your award from Oregon’s comparative negligence laws.
What If I Am Partially at Fault?
Oregon follows a modified comparative negligence rule in cases where a personal injury plaintiff is partially responsible for his or her accident. If the court finds that the plaintiff is more than 50% at fault, he or she will not receive any compensation. Otherwise, the court will deduct the percentage of liability from the final award.
For example, say that a court determines that you are 40% responsible for the accident. If you request $50,000 in compensation, you would only recover $30,000.
Not Sure If You Have A Case?
There are a lot of uncertainties after an accident. We are here to answer your questions. Give us a call at (503)-486-3618 for a FREE consultation with a Portland personal injury attorney.
If a person is injured because someone else was careless, the injured person has rights and may be able to obtain compensation from the careless individual.
Personal injury cases are complex. Personal injury victims not only face physical challenges but emotional and financial hurdles as well. In some situations, an individual may need long-term medical care and treatment for the injury that resulted from an accident. This is where a personal injury lawyer with years of experience handling such cases can help.
Thankfully, there are strict laws in Oregon. If your injury was someone else’s fault, it is expected that they pay all the costs associated with your injuries, including medical bills. At DuBois Law Group, our experienced Portland personal injury attorneys make sure our clients receive what they deserve. Represented by us, if a court of law finds the other person to be at fault, we will work tirelessly to recover costs such as medical bills, wages lost as a result of injury, physical therapy fees, and more.
As personal injury lawyers in Oregon, we understand how overwhelming being injured in an accident caused by another person’s carelessness can be. We are dedicated to making this challenging process as simple as possible for you and your family. Contact us today by calling (503) 486-3618 for more information about your legal rights and for a free consultation of your case.
How Much Is My Personal Injury Claim Worth?
When you are filing a personal injury lawsuit, you may wonder how much compensation you can expect to receive. Settlements in personal injury claims are based on the individual losses you sustained and vary from case to case. You will need to speak with an attorney to receive an accurate estimate of your potential award.
However, there are certain factors that may influence the value of your claim.
- Severe injuries: If you suffer very severe injuries, such as a brain injury or paralysis, you are more likely to see a higher award than plaintiffs who sustain minor injuries. Severe injuries require more medical care, long periods away from work, and long-term accommodations. Your pain and suffering award will likely be higher with a severe injury.
- Complex liability: If the court believes you are partially responsible for your accident, your award may be lower due to Oregon’s comparative negligence laws. Cases involving straightforward liability are not likely to be subject to these laws and the settlement will not be reduced.
- Long recovery times: If you need to stay in the hospital for a long period of time, attend physical therapy appointments, or continuously suffer from your symptoms, your award will likely be higher. Longer periods of recovery often result in a higher amount of lost wages and medical expenses. Additionally, some pain and suffering formulas are based on the length of time you are incapacitated due to your symptoms, and long recovery times may yield a higher award.
What to Do After Experiencing a Personal Injury?
If you experience a personal injury in Portland, it is important to remain calm and seek help immediately. If possible, call 911 and report the accident to law enforcement—this will create a police report that you can use for your future claim. At the scene, take as many photographs of your injuries, property damage, and the area around the accident as you can. Collect information from witnesses and keep your interactions with the at-fault party brief.
Seek emergency medical attention and save all records related to your treatment and injuries. You should always seek treatment after an accident, even if you feel uninjured. Your medical records will be extremely important for proving your case. Failure to seek medical care could cause an insurance representative to claim that your injuries are not serious—reducing or denying your award as a result.
Once you receive treatment, speak to a Portland personal injury lawyer as soon as possible to discuss your legal options.
Past Personal Injury Accident Case Examples:
Personal Injury Accident Case Example #1: T-Bone Car Accident
One December day, at about 3:00 in the afternoon, John Taylor was driving north on N. Williams, with his wife Della Taylor in the passenger seat. The defendant pulled in front of them suddenly and without warning, causing the Taylor’s car to smash into the side of the defendant’s car in a T-bone collision. The Taylors were not wearing their seat belts, I’m very sorry to say. John and Della Taylor were an unusual older couple, both in their 70’s at the time of the accident. They met later in life, fell in love, and remain deeply in love with each other. John had been caring for Della for a few years before this collision. John’s injuries now mean that it is more difficult for him to care for Della at home.
John suffered a fracture to his vertebra, which required surgery and resulted in difficulty swallowing and neck pain, both of which are probably permanent. Della was already in bad shape before the crash, but the crash caused further leg problems and cognitive difficulties. The case settled for $450,000 before trial.
Personal Injury Accident Case Example #2: Rear-End Truck Accident
Larry T, in his early 50’s when he came to us, had worked as a truck driver for most of his life. One day he arrived early for a delivery. The warehouse wasn’t open yet, so he parked his rig and took a nap in the berth. In the wee hours of the morning, a garbage truck backed into Larry’s truck, knocking him out of his “bed,” and causing injury.
The insurance company for the garbage company claimed all sorts of things, including that the garbage truck was only going 2 m.p.h., that our client couldn’t have been hurt as badly as he claimed, even that he was making up his injuries. But he wasn’t. Our law firm’s investigation showed that the garbage truck company did not train its drivers well, that this particular driver had been in previous accidents and had not been properly disciplined, and more.
But the insurance company continued to say it was not the garbage truck driver’s fault. They claimed it was Larry’s fault, for parking in the wrong place! You can read L.T.’s truck accident attorney testimonial on our testimonials page, or watch his testimonial video. We were able to obtain a $399,000 settlement for our client, at trial.
Personal Injury Accident Case Example #3: Crushed Between Two Trucks
J.T. was sitting in traffic behind a truck when another truck approached from behind her. The truck behind her did not slow in enough time to stop and hit J.T – shoving her car up under the truck in front of her. Between the two trucks, her car was so smashed, she had to be cut out of the car, and then she was transported to OHSU. After emergency surgery, and ongoing medical treatment, it was determined that her pain and loss of range of motion would be permanent. This case settled for $175,000.
Personal Injury Accident Case Example #3: Bicyclist Walking His Bike Hit in Crosswalk
M.T. was walking his bicycle across the street when he was hit by a car. He was in the crosswalk and had a walk sign, so liability was clear. The car knocked him to the ground and ran over his dog! The dog was fine, but M.T. was severely injured. His injuries, including serious back pain and a hand injury that later required surgery also affected his ability to do his job. Eventually, he had surgery and with physical therapy, he was able to use his hand, although not as well as he had before. Sean DuBois was able to get a settlement of $115,000 (original offer: under $50,000).
View our past Personal Injury Accident Case examples here.
Contact A Portland Personal Injury Attorney From DuBois Law Group
If you are injured by another person, you have the right to seek justice. In these situations, the Portland personal injury attorneys at DuBois Law Group can help. Our lawyers can represent your insurance claim, advocating aggressively for maximum compensation on your behalf. Contact us today to schedule your free case consultation and learn more about your legal options. (503) 222-4411.