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Posted on May 28, 2020 in If you recently suffered an injury due to someone else’s negligence or recklessness, you may have considered filing a lawsuit against him or her in civil court. Personal injury lawsuits require a series of specialized steps to reach a settlement, from proving the at-fault party’s negligence to entering negotiations about your compensatory damages. This process is usually easier when you hire an injury lawyer. The following elements are some of the most crucial parts of a personal injury lawsuit.
#1: Duty of Care
Personal injury lawsuits rely on the theory of negligence. You will need to prove that the defendant owed a duty of care to you at the time of the accident and breached it, leading to your damages. You will need to establish the presence of this duty in your case, and provide evidence showing the at-fault party failed to uphold it.
The duty of care in your lawsuit will depend on the type of claim you’re filing. For example, in car accident cases, all drivers owe a duty of care to drive safely and follow traffic laws. In premises liability claims, property owners have a duty to keep their properties in safe condition.
#2: Causation
After establishing the duty and breach of care, you will next need to prove that the breach of care directly caused the injuries you suffered. Your medical records, expert witnesses, surveillance footage, and witness testimony can help establish causation. For example, if you were in a car accident with a driver who ran a red light and hit the back of your vehicle, you can establish the breach of care by pointing to the traffic law violation.
If you suffered a concussion after hitting your head against the steering wheel during this crash, your doctor’s examination of your injuries will help you prove the accident was the cause.
#3: Damages
In a personal injury case, you must have suffered damages due to the accident that you can claim in this lawsuit. These damages can be economic, involving your direct financial losses, or non-economic, which include intangible pain and suffering damages. Common types of damages in personal injury cases include the following.
Your Portland personal injury attorney will help you determine which damages you qualify for, along with the estimated settlement you should accept.
#4: Mediation
Not all personal injury lawsuits proceed to the courtroom; in fact, most cases settle out of court during mediation. In mediation, you and your attorney will meet with the at-fault party and his or her lawyer to discuss your claim and attempt to reach a settlement agreement. In some cases, mediation will be successful, and you will receive a settlement at this stage. However, if the at-fault party refuses to settle or offers a lower amount than what you need, your case will proceed to trial.
#5: Settlement
You can receive a settlement during negotiation or at the conclusion of your trial. In the courtroom, the judge or jury will hear arguments from both sides and decide whether or not to award you a settlement. If you do receive a settlement, the court will also determine the amount of this compensation.
If you were injured in an accident in Portland, OR, please contact our Portland personal injury lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.
We proudly serve all throughout Multnomah County in Oregon. Visit our office at:
Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 773-3333
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Frequently Asked Questions
Do I need a personal injury lawyer for a car accident in Portland?
If you have been involved in a car accident in Portland, it is highly recommended to consult a personal injury lawyer to ensure your rights are protected and you receive the compensation you deserve for your injuries.
How do I choose a reliable personal injury attorney in Portland?
Choosing a reliable personal injury attorney in Portland involves considering their experience, success record, and client testimonials to ensure they have the expertise to effectively represent your case and secure fair compensation.
Can a personal injury attorney in Portland help with lost wages?
A personal injury attorney in Portland can help recover lost wages from missed work due to an accident or injury. They can negotiate with insurance companies to ensure fair compensation for lost income.
Can a Portland personal injury attorney help with medical bills?
A Portland personal injury attorney can help with medical bills by negotiating with insurance companies and healthcare providers to get your medical expenses covered as part of your personal injury claim settlement.
What are the benefits of hiring a personal injury lawyer in Portland?
Hiring a personal injury lawyer in Portland can provide benefits such as navigating the legal system, maximizing compensation, and ensuring your rights are protected after an accident.
How to find the best personal injury attorney in Portland?
Finding the best personal injury attorney in Portland involves researching their experience, success rate, and client reviews to ensure they have the expertise to handle your case effectively and secure the compensation you deserve.
How does a Portland personal injury attorney prove negligence?
To prove negligence, a Portland personal injury attorney must demonstrate that the defendant failed to exercise reasonable care, their actions directly caused the plaintiff's injuries, and the plaintiff suffered quantifiable damages.
How do I find a reliable personal injury lawyer in Portland?
Finding a reliable personal injury lawyer in Portland involves researching local firms, reading client reviews, and consulting with lawyers to assess their experience and success in recovering compensation for personal injury cases.
How does a personal injury attorney in Portland handle insurance companies?
Personal injury attorneys in Portland negotiate with insurance companies to secure fair compensation for their clients' injuries, medical expenses, and other damages by leveraging their legal expertise and negotiation skills.
What are the common cases handled by Portland personal injury attorneys?
The common cases handled by Portland personal injury attorneys include car accidents, motorcycle accidents, pedestrian accidents, slip and fall incidents, medical malpractice, and workplace injuries, providing legal representation to help clients recover compensation for their injuries.
How do I choose the best personal injury lawyer in Portland?
Choosing the best personal injury lawyer in Portland involves considering their experience, success rate, communication skills, and accessibility to ensure you receive the highest level of legal representation for your case.
Can a personal injury lawyer help with lost wages in Portland?
A personal injury lawyer in Portland can help recover lost wages from an accident, including past and future lost income, to ensure fair compensation for the victim.
What is the process of filing a personal injury claim in Portland?
The process of filing a personal injury claim in Portland typically involves gathering evidence, filing a claim with the at-fault party's insurance company, and potentially pursuing legal action if a fair settlement cannot be reached.
What is the role of a personal injury lawyer in Portland?
The role of a personal injury lawyer in Portland is to provide legal representation and assistance to victims of accidents, helping them secure fair compensation for their injuries and losses.
Can a personal injury lawyer help with pain and suffering in Portland?
A personal injury lawyer in Portland can help recover compensation for pain and suffering experienced due to an accident or injury, including medical expenses, lost wages, and other damages.
How long does a personal injury case take in Portland?
The duration of a personal injury case in Portland can vary depending on the complexity of the case and the extent of the injuries. On average, personal injury cases in Portland can take anywhere from 6 months to 2 years to resolve.
What is the average settlement for personal injury cases in Portland?
The average settlement for personal injury cases in Portland can vary widely depending on the severity of the injury, medical expenses, lost wages, and other factors. Settlement amounts typically range from tens of thousands to millions of dollars.
What is the average settlement in a Portland personal injury case?
The average settlement in a Portland personal injury case can vary widely depending on the severity of the injuries, liability, and other factors, but typically ranges from tens of thousands to millions of dollars.
Can a personal injury lawyer help with medical bills in Portland?
A personal injury lawyer in Portland can help with medical bills by negotiating with insurance companies and recovering compensation to cover medical expenses related to the injury.
What are the qualifications of a personal injury attorney in Portland?
The qualifications of a personal injury attorney in Portland typically include extensive experience handling a wide range of personal injury cases, in-depth knowledge of local laws, and a proven track record of securing fair compensation for injured clients.
What is the statute of limitations in Portland personal injury cases?
The statute of limitations for personal injury cases in Portland, Oregon is generally two years from the date of the incident.
How much does a personal injury attorney in Portland cost?
The cost of a personal injury attorney in Portland can vary, typically ranging from a contingency fee of 33-40% of the settlement or award amount recovered on the client's behalf.
How much does a personal injury lawyer cost in Portland?
The cost of a personal injury lawyer in Portland can vary, typically ranging from 33-40% of the client's final settlement or award, plus additional expenses. The specific fees are determined based on the complexity of the case and the services required.
What is the role of a personal injury attorney in Portland?
The role of a personal injury attorney in Portland is to provide legal representation and assistance to victims of accidents, helping them secure fair compensation for their injuries and losses.
How does a personal injury lawyer get paid in Portland?
Personal injury lawyers in Portland typically work on a contingency fee basis, where they only get paid if they successfully recover compensation for their client's injuries.
Do personal injury attorneys in Portland offer free consultations?
Personal injury attorneys in Portland often offer free consultations to evaluate your case and provide guidance on the legal process.
What are common personal injury cases in Portland?
Common personal injury cases in Portland include car accidents, slip and fall incidents, premises liability, dog bites, and medical malpractice, where victims may seek compensation for their injuries and damages.
What are the most common causes of personal injury in Portland?
The most common causes of personal injury in Portland include motor vehicle accidents, slip and fall incidents, workplace accidents, and pedestrian/bicycle collisions.
What are the benefits of hiring a Portland personal injury attorney?
Hiring a Portland personal injury attorney can provide crucial benefits, such as navigating the legal process, negotiating with insurance companies, and maximizing the compensation for your injuries and losses.
What should I expect during my consultation?
During your consultation, you can expect a thorough review of your personal injury case, an assessment of your legal options, and a discussion on how Tillmann Law can assist in securing the compensation you deserve.
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