Fewer Cases Better Results
“Venue” means where a lawsuit is filed. The options are Federal Court or State Court, and then within the State Court system, a particular county must be chosen. This is a complicated decision that depends upon the specific details of your case, but here’s an overview of why “where” is very important. In general, State… read more
Possible Beneficiaries In An Oregon Wrongful Death Case
When we wrote our first legal book, Seven Common Mistakes That Can Wreck Your Oregon Accident Case, we were very careful to write it simply, with a minimum of technical “legal speak.” The idea was to write a book that would help non-lawyers settle their own cases, or decide if a lawyer was warranted. This… read more
Determining the Value of a Wrongful Death Case
What is a life worth? What is the value, in dollars, of the loss of a father, a wife, a grandparent, or a child? There is of course no answer to this question. The value of a life is not measured in dollars. But even though this is true – and obviously true at that… read more
Limits on Non-economic Damages.
In personal injury cases, there are two basic forms of “damages” a client may recover: economic and non-economic damages. Some lawyers will refer to them as “general” and “special” damages, but the correct terms are economic and non-economic damages. Most wrongful death damages are determined by law using the criteria defined earlier (see the ORS 30.020 damages described… read more
Damages – Economic, Non-economic, and Punitive
You will hear a lot of people talking about “damages” during a wrongful death case. “Damages” can refer to the amount of money you have lost and the suffering you have undergone as a result of the loss of your loved one, but “damages” also refers to the amount of money a jury decides is… read more
If alcohol was involved in a death, and if the server of the alcohol was partly responsible for the death because they served an already visibly intoxicated person, or served a minor, or failed to perform their server duties correctly in other ways (which are defined by the Oregon Liquor Control Commission), you may be… read more
More Time Limits – When Government or Alcohol is Involved
If the death was caused by a public entity, or someone working for a public entity, then a “Tort Claim Notice” has to be received by the proper person or department within one year of the incident that caused the death (If it’s an injury that does not cause death, the time limit is only… read more
Special Time Limits for Product Liability Cases
In addition to the normal statutes of limitations, there are also “statutes of ultimate repose.” For example, in a product liability case, which is where a person sues the maker or distributor of a product that was unsafe, the lawsuit must be started before the product is ten years old. So if someone buys a… read more
Securing Evidence in a Timely Manner
Immediately after the death of a loved one, you are likely in no condition to be talking with lawyers, thinking about legalities, or, certainly, securing evidence. But we can promise you, the insurance company and lawyers for the person or company responsible for the death will not hesitate. They will rush out and gather whatever… read more
Once a settlement offer has been made, it is your lawyer’s job to advise you as to whether the offer is reasonable given the risks of a trial. But it is the personal representative’s job – not the lawyer’s – to make the final decision as to whether to accept a settlement offer. A judge… read more