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Many different kinds of accidents can cause injuries—car accidents, slip and falls, bicycle accidents, and more. As a result of these injuries, an injured party may suffer other losses, such as medical bills, property damage, and lost wages due to time away from work. In certain circumstances, you can recover compensation for your injuries through a personal injury case.
Navigating a personal injury case can be overwhelming, but an experienced Portland personal injury attorney can help guide you through this process.
Understanding the basics of a personal injury case can also be helpful in determining how pursuing one may benefit you.
How Do I Prove My Personal Injury Case in Portland, OR?
Most personal injury cases are based on negligence. In a legal context, to act negligently means failing to exercise reasonable care and caution under the circumstances. If someone acted negligently and you suffered damages, you can likely recover compensation for your losses.
To prove that the at-fault party was negligent, you must prove the following four elements.
Duty of Care
You must prove that the defendant owed you a duty of care. In many cases, the default duty of care is to act the way a reasonably prudent person would under the same or similar circumstances.
Breach of Duty of Care
You must also prove that the defendant breached the duty of care through their actions or inactions.
Damages
You must show that you suffered damages as a result of the accident.
Causation
Finally, you must prove that the defendant’s conduct was the actual and proximate cause of your injuries. The “actual cause” means that, but for the defendant’s conduct, you would not have been injured. The “proximate cause” means that the plaintiff’s injuries are a reasonably foreseeable consequence of the defendant’s conduct.
As the party seeking compensation, you will have to prove these four elements by a preponderance of the evidence. An experienced Portland personal injury lawyer can help you build your case.
What Damages Can I Recover in a Personal Injury Case?
Personal injury victims can recover compensation for their injuries. These losses are known as damages. The two main types of damages are economic and non-economic damages.
Economic Damages
Economic Damages relate to the financial costs associated with an accident. These include medical expenses, lost wages, property damage, and diminished earning capacity. They will be calculated based on the costs you actually incur or expect to incur. They often can be proven with receipts, invoices, or other supporting documentation.
Non-Economic Damages
Non-economic damages relate to the emotional or psychological costs associated with an accident. These may include pain and suffering, emotional anguish, loss of companionship by a loved one, or loss of quality of life. Because they are based on an individual victim’s subjective experiences after an accident, they are less straightforward to calculate than economic damages. Your attorney may recommend hiring an expert witness to help prove your non-economic damages.
What Types of Cases Does a Personal Injury Lawyer Handle?
Personal injury cases are a type of tort case that involve physical and emotional injuries.
Personal injury cases involve a wide variety of accidents, including:
- Car accidents
- Pedestrian accidents
- Construction accidents
- Bicycle accidents
- Truck accidents
- Slip and falls
- Dog bites
- Motorcycle accidents
- Medical malpractice
- Wrongful death
You may have a personal injury case if you were injured in an accident caused by another person’s carelessness or negligence.
How Can a Personal Injury Lawyer Help With Your Case?
When you seek compensation from the at-fault party in your case, you will usually be dealing with their insurance provider. These big companies have dedicated legal teams and years of experience handling personal injury cases. Hiring an experienced personal injury lawyer will ensure that you’re equally matched to fight for compensation from the insurance company.
A knowledgeable personal injury lawyer will also manage your case from start to finish, so you don’t have to.
A personal injury attorney will take the following steps to achieve the best outcome in your case:
- Investigate the accident
- Identify the at-fault party and potential issues
- Gather evidence to support your claims
- Explain your options and offer legal advice
- Contact the insurance company on your behalf to negotiate a favorable settlement
- Take your case to court if necessary.
If you’ve been injured in an accident, contacting an experienced personal injury lawyer in Portland, OR, is an excellent first step to take in your case.
Contact an Experienced Personal injury Lawyer to Schedule a Free Consultation
Whether you were injured in a motorcycle accident, a slip and fall, a car accident, or in some other way, you may be able to recover compensation through a personal injury claim. A skilled personal lawyer can guide you through the process. Contact an experienced Portland personal injury lawyer from Tillmann Law Personal Injury Lawyers at (503) 773-3333 to schedule your free consultation.
