Unfortunately, personal injury accidents occur daily in Portland. For example, some accident victims suffer injuries riding their bike along NE Broadway, and when a driver makes a right turn at the intersection without checking their blind spot, they are struck. In other instances, some victims sustain injuries when a business on Northwest 23rd fails to clear its sidewalk of ice.
No matter how you suffered your injury, proving negligence is key to winning your case. Tillmann Law is a Portland, OR law firm dedicated to helping you navigate the legal complexities involved with filing a claim. Contact our law office today to schedule a free consultation.
The Four Elements of Negligence in Oregon Personal Injury Law
Under Oregon law, an injured party must prove the defendant negligent by a “preponderance of the evidence” to win a personal injury case. If you cannot prove that each of the four legal elements existed in your case, you will not be entitled to recover damages.
These four legal elements include:
- Duty of Care: You must provide evidence showing the defendant had a legal obligation to exercise reasonable care toward you.
- Breach of Duty: You will need to prove that the defendant breached their duty of care by acting negligently or not taking the same precautions that a reasonable person would.
- Causation: You must be able to demonstrate a causal link between the defendant’s negligent actions and your injuries.
- Damages: You must be able to prove that you incurred actual damages. Examples include medical bills, lost income, or pain and suffering.
Duty of Care and Breach of Duty
State law requires everyone to conduct themselves as a reasonable person would in the same situation. The duty owed to another person is based on the relationship between them. For example, medical professionals owe their patients a standard duty of care when providing services. An example of a medical professional breaching their professional duty is performing surgery while fatigued without properly informing the patient.
Other common examples of the various types of duty include:
- Drivers owe other motorists a duty to drive safely and obey traffic laws; if a motorist runs a red light and causes an accident, they have automatically breached that duty.
- Manufacturers are obligated to produce reasonably safe products for consumers.
Property owners must maintain safe premises, but their duty of care under premises liability varies depending on the visitor’s status. The highest priority is that of an “invitee,” including customers and business patrons, with the lowest priority owed to a trespasser who is not legally on the property.
Proving Causation and Damages
To be eligible to recover compensation, you must be able to prove that the defendant’s negligent actions directly caused your injury and that you suffered measurable damages.
Actual Cause (Cause in Fact)
Proving causation involves two parts: actual cause, showing your injury would not have occurred “but for” the defendant’s negligence, and proximate cause, establishing that the harm was a foreseeable result.
Proximate Cause (Legal Cause)
In personal injury cases, the Multnomah County Circuit Court examines whether the harm you suffered was a foreseeable consequence of the defendant’s negligent actions. Insurance companies often try to argue that your injuries were directly related to a pre-existing injury or caused by other causes so that they can minimize or deny compensation.
Damages
Damages refer to any of the financial and intangible losses you incurred due to your injuries, such as medical bills, lost wages, emotional distress, or pain and suffering. If you have been involved in an accident but did not suffer actual damages, you are barred from recovering compensation. Supporting documentation such as medical records and bills, expert testimony, and pay stubs that show your lost wages.
Oregon personal injury law allows injury victims to seek economic and non-economic damages. Economic damages may include medical expenses, lost wages, future medical expenses, and property damage. Non-economic damages are subjective and based on the unique facts involved in the case, but may include pain and suffering, loss of enjoyment of life, and emotional distress.
In cases involving wanton or reckless conduct, an accident victim may recover punitive damages but must present clear and convincing evidence to do so.
What Evidence Do You Need to Prove Negligence in Oregon?
As with any legal claim, you will need strong and compelling evidence that supports your case and shows that the defendant’s negligence caused your injuries. A key piece of evidence is medical records and bills documenting your injuries, diagnosis, and resulting damages.
Other critical evidence includes
- Police or incident reports
- Electronic evidence, including cell phone records, traffic cameras, or dash cam footage
- Witness statements
- Photos and videos of the accident scene, your injuries, and property damage
- Testimony from expert witnesses, including medical professionals and accident reconstructionists
Oregon law allows your personal injury attorney to subpoena these records and depose witnesses to build a robust case on your behalf.
Comparative Negligence and Common Defenses
Oregon law follows a modified comparative negligence doctrine, meaning that you must be 50% or less at fault for causing an accident to seek financial compensation. If it is determined that you are 51% or greater at fault, you will be ineligible to recover damages.
Even if you successfully prove all four elements in a negligence case, under ORS 31.600, the defendant’s insurance company may try to argue that you are partially to blame and try to reduce your recovery. Because this is a common tactic often used by insurers to protect their bottom line, your attorney must prove not only the defendant’s negligence but also reduce your share of fault.
Because insurance providers are committed to increasing profits, they often look for ways to deny or reduce claims, such as arguing that the hazard that caused your injury was” open and obvious” or that no “duty” existed between you and the defendant.
Tillmann Law is a personal injury law firm dedicated to representing accident victims and protecting them from unfair tactics that aim to minimize or deny their claims. Contact Tillman Law today at (855) 503-5035 to schedule a consultation to assess whether negligence contributed to your accident.
