If you were injured through someone else's careless behavior, you must prove that the person owed a duty to you (the duty to show ordinary care) and failed to do it, thereby causing you to be injured. If more than one person was responsible for the injury, each of the responsible parties must pay an amount correlating to the degree of fault.
If you were less than 51 per cent responsible for your injury, you will be able to recover some of the cost. The amount you will be allowed to recover will correlate to the amount of fault you carry. However, if you bear 51 per cent or more of the fault, you may not collect any money.
|Oregon Personal Injury Laws|
Statute of Limitations
|Damages Recoverable||Lost wages, future earning ability, property damage, pain and suffering, cost of household help, medical expenses|
|Strict Liability||Product manufacturer may be liable for injuries sustained using a consumer product|
|Joint Liability||Defendants are proportionately liable for damages|
|Contributory Negligence||Modified contributed negligence: you may not recover damages if you are found to be 51% or more at fault, if you are found to be 50% or less at fault you may recover damages based on proportion of fault.|
If you were injured by a defective consumer product, you can be compensated by the company. This is called "strict liability" legal theory, and it requires that you provide proof that you were injured because the product was defective and not because of the manner in which you used the product. The defect itself must be shown to have made the product dangerous. You may also be compensated for damages received.
If you are injured due to negligence on the part of another person, you are entitled to compensation under Oregon state law. You may recover any medical costs, whether they be in the past, present, or are expected to arise in the future. You are entitled to compensation for any damage to property, any permanent disability or disfigurement, and any time during which you were unable to work. You can collect money to cover the cost of hiring household help during your recovery. You can also receive compensation if your mental or emotional health was comprised because of the injury.
Do not speak with an insurance adjuster before spending some time in conversation with an Oregon state personal injury lawyer. You should tell the person you consider responsible for the injury that you are filing a claim against them. Do not throw away any evidence pertaining to the injury. Keep the clothing that you were wearing during the injury, any damaged property, and any photographic evidence of the injury or damage. Under Oregon state law, you have up to two years from the time of the injury in which to file a claim. After that, you will no longer be able to recover any of the costs incurred by the injury or damage.