Personal Injury – Oregon Laws Regarding Personal Injury

BY MELANIE WALTERS

Personal injury is regarded as any mental, physical, or financial damage caused by another person or persons, company, or object. If you have been hurt in a slip or fall, defective product, toxic material, animal bite, workplace accident, medical malpractice, motor vehicle accident, or nursing home abuse etc, you are able to claim for personal injury compensation. Though each individual US State possesses its own particular laws regarding such injuries or accidents, the State of Oregon has perhaps the most stringent laws in the country regarding personal injury.

Personal Injury in Oregon

The personal injury laws of Oregon are quite strict, and fall under both local state laws and federal jurisdiction. Another name for personal injury laws is “tort” law, a tort being an injury caused to an individual by another. Any resident of Oregon can claim for mental, physical, emotional or property damage under the state’s tort laws, as well as in the case of wrongful death if such actions take the life of someone. There are four main objectives of Oregon personal injury laws. They are:

To provide compensation to victims of personal injury
To make the perpetrator of damaging actions responsible for compensation
To avoid the future occurrence of similar negligent acts
To provide defence for the legal rights of victims

Grounds for Personal Injury Claims

There are three main grounds on which personal injury law suits can be brought against a person or entity. These are negligence, strict liability, and wrongful intent. Each of these grounds is specifically designed to manage claims brought against particular parties. Negligence is for filing against individuals who were in a position to prevent the injury, strict liability is reserved for lawsuits against a company or corporation whose defective product caused harm, and wrongful intent against any person or entity that caused such an injury intentionally. Oregon personal injury laws cover the majority of such actions under these particular three grounds.

More Wrongful Death and Mesothelioma Resources you might find helpful:

Proving a Personal Injury Case

Generally in Oregon, a person must be able to prove negligence against the body accused of personal injury. Negligence can best be legally defined as a person or company failing to exercise reasonable care. Specific points which must be proven are:

The person causing your personal injury had a duty to be responsible

That person breached or broke that duty

You received injury or damages

The actions or lack thereof of the other party caused your damages or personal injury

If you were in any way responsible for your injury because of your own carelessness, you may or may not be successful in your claim depending on the percentage of your fault under Oregon’s Comparative Negligence Law. Basically, if you were half or less responsible for your injury (50% or less),you may still be awarded compensation, though the amount will be reduced by the percentage of your responsibility.

If you feel that you have received a personal injury due to another person or corporations negligence, before filing a lawsuit, make sure that you:

Make a note of everything and anything you can remember about the incident

Personal information (names, addresses, telephone numbers) of witnesses

Inform the accused of your intent to file suit

Take action to preserve any potential evidence that may support your claim – pictures of the accident scene, vehicle damage, torn clothing etc.

Consult with an Oregon Personal Injury Attorney

Making sure of the above will ensure that your personal injury claim has the greatest chance of success, therefore ensuring you will receive the maximum compensation for personal injury allowed by law.