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Tillmann Law Personal Injury Lawyers - Personal injury attorneys located in 101 SW Main St. #1905 Portland, OR 97204

What Is Negligence?

What Is Negligence?Whether a distracted driver caused a car accident or you slipped and fell due to a dangerous property condition, negligence will likely play a significant role if you file a personal injury claim. Your ability to recover compensation in a civil case frequently depends on whether you can prove that the other party acted negligently under the circumstances.

Below we explain the legal concept of negligence, the elements a plaintiff must prove, and the deadline for filing a negligence claim in Oregon.

What Does It Mean To Be Negligent?

In simple terms, negligence is a careless act or omission that results in harm to another person. When someone fails to act with reasonable care under the circumstances, they can be held liable for the damages they cause.

To determine whether someone acted with “reasonable care,” their behavior is compared to that of a hypothetical “reasonable person.” This person is similarly situated to the defendant and exercises sound judgment and reasonable caution.

For example, a brain surgeon’s actions in a medical malpractice case will be compared to those of a reasonable brain surgeon with a similar skill set, experience level, and educational background. If a reasonable brain surgeon would’ve handled the situation differently, the defendant may be found negligent.

This standard of care will be different from a negligent motorist’s duty of care in a car accident case. Their behavior will be compared to a reasonable driver’s conduct in the same situation.

How Do You Prove Negligence in a Personal Injury Claim?

The plaintiff in a personal injury case has the burden of proving four elements of negligence by a preponderance of the evidence. That means they must prove that the elements of their claim are more true (more than 50%) than not. If you can prove your case, you can establish that the defendant is financially accountable (liable) for your injuries.

The four elements of negligence are outlined below:

1. Duty of Care

The defendant must have owed you a duty of care. This duty will depend on the relationship between the parties involved.

For example:

  • All motorists owe others sharing Oregon roads a duty of care to drive cautiously, follow traffic laws, and avoid causing harm to others.
  • A physician owes their patients a duty to act within their professional standard of care (note: you must have a doctor-patient relationship for this duty to arise).
  • A property owner has a duty to maintain their premises in a reasonably safe condition to avoid harming invited guests.

The duty of care typically arises by operation of law or custom.

2. Breach of Duty

You must also prove that the defendant breached their duty of care, which is where the reasonable person standard comes in. If their conduct falls below this standard, they likely breached their duty.

For example, a distracted driver is watching a video while sitting in traffic and rear-ends a car. A reasonable person wouldn’t engage in this behavior while behind the wheel. Therefore, a jury would likely decide that the defendant breached their duty of care to the plaintiff.

On the other hand, a plastic surgeon upholds their requisite standard of care but is sued by the plaintiff because they are unhappy with the results. This likely wouldn’t rise to the level of a breach of duty.

3. Causation

The defendant’s breach of duty must have directly and proximately harmed the plaintiff. In other words, their actions must have caused the injury. You must show that you wouldn’t have been hurt if it weren’t for the defendant’s conduct. Additionally, your injuries must be a foreseeable result of the defendant’s actions.

Causation is often the most difficult element to prove in a personal injury case. You need evidence linking the defendant’s actions to the cause of your injuries.

4. Damages

Lastly, you must prove that you sustained damages. Personal injury victims can pursue economic and non-economic damages, including:

  • Past medical bills
  • Future medical expenses
  • Lost wages
  • Diminished earning capacity
  • Pain and suffering
  • Mental anguish
  • Reduced quality of life
  • Disfigurement

If you can prove that you sustained damages due to the defendant’s negligent conduct, you can typically hold them financially liable and recover compensation.

What Is the Deadline To File a Negligence Claim in Oregon?

Most Oregon personal injury lawsuits must be filed within two years of the accident date. If the civil action is for the wrongful death of a loved one, you typically have three years from the injury date to file a claim.

There could be exceptions that give you more or less time to file a lawsuit based on negligence. That’s why it’s important to consult an experienced personal injury lawyer in Portland to determine the deadline that applies to your case.

Contact a Portland Personal Injury Lawyer for Help Proving Your Negligence Claim

Proving negligence isn’t always an easy task. It often involves questions of law that require the help of a skilled attorney and complex technical issues that only an expert witness can clarify. If you’ve sustained injuries after an accident, call a Portland personal injury attorney at (503) 272-8986 for help proving the elements of your case and pursue the compensation you need.

Hannah McCracken
Hannah McCracken
1699030863
Jason and Aaron have been a pleasure to work with they have been so organized and on top of everything since day one of taking over my very messy case. Julia has been a driving force behind them making sure my questions have been answered immediately and sufficiently she is so pleasant and shows genuine interest in my case. I truly believe Tillman Law has had my best interest at heart throughout this whole process.
Melannie Mosby
Melannie Mosby
1698102486
Very knowledagble, caring and responsive. They made sure I understood all my options. Aaron and his team have guided guided me through the process of my personal injury case. I was able to get a great outcome for my situation!
Ashley Duchemin
Ashley Duchemin
1697154230
I want to infinitely thank Mr. Tillman for his incredible work on my case. I'm so deeply pleased with the turnout. I thank him for all of his effort and determination that led to it. It truly shows his dedication and skill! In the future, I will be recommending him to everyone I know.I also want to thank everyone at his office who dealt with and had been patient with me. I was not the easiest client, and I really appreciate all of the work of Jason, Julia, and others to keep the case on track.
McKenzie Link
McKenzie Link
1696368367
Aaron was beyond personable, capable, and passionate throughout my case. He handled my traumatic incident with the upmost of care and took my case to trial with positive outcomes. I can’t tell you how much it meant to really know I had someone on my side.Even after the case was ruled, he has continued to stay in touch & explain future legal proceedings - truly he has held my hand every step of the way.If I ever find myself in a circumstance where I’m in need of another personal injury attorney, I will without a doubt give Aaron Tillmann a call. I would recommend him to any friend or loved one. Thank you Aaron!!!
Justin Vieth
Justin Vieth
1692118893
Alan Rogers
Alan Rogers
1691175931
Thanks Aaron, we truly appreciate everything you have done for us.I know that I was a handful early on, but you handled it with a deft touch and ultimately proved yourself to be a great advocate for our family none the less.Thanks so much Bud!You have my eternal respect and gratitude.
Tim Cheredayko
Tim Cheredayko
1689376069
Tillmann helped me out a lot! Going over ever detail with the case from both sides and always informing me what is going to happen through out the case. Definitely recommend Tillmann Law!
Justin W
Justin W
1688167505
I had the pleasure of working with Aaron and his team over the course of the last year. They were very professional and responsive. Dealing with injuries can be dreadful, but Aaron made it as painless as possible. I highly recommend.
Bonnie Thorn
Bonnie Thorn
1686939262
Aaron Tillmann and his entire staff were professional, empathetic and very knowledgeable. They assisted our family at a time when we were grieving the loss of our son with compassion and respect.
Tina Rutledge
Tina Rutledge
1683316276
Arisbet Bustos
Arisbet Bustos
1682535580
I am very grateful and pleased with the services of Lawyer Aaron and his team work, especially Julia, who was always attentive to my concerns and resolved my doubts with a good attitude and empathy, and best of all, she speaks Spanish. Thank you so much!!!
Ken Pollett
Ken Pollett
1682394554
I was involved in a serious auto accident. Not that there is a good time to be in any accident, it just happened to be 2020. Tillman Law and support staff kept me in the loop as the court system was disarray with all the Covid issues. The staff was very professional and courteous. In a nutshell, they took care of me.
Jordan Bedrick
Jordan Bedrick
1682367951
My husband was in a bad car accident a few years back, and he was stopped due to traffic. He was behind a fuel truck, and someone rear-ended him, going 60mph. The worst part was our 6 mo old was in our and the truck was totaled beyond repair and my husbands back injured severly he ended up with 2 broken vertebrae. Our child had ptsd any time getting into a vehicle after that. Tillman made this right even though we couldn't do much for our son other comfort him and make car rides more comfortable from there on out Tillman was able to get my husband the money he deserved after the other driver was extremely negligent and either not paying attention or on his phone or something unfortunately this was during covid and when the police came they didnt do a single thing to check for any of that. We can't say enough good things about Aaron Tillman he gave us our hope back and the ability to have back surgery to repair a lot of his back issues due to the car wreck. So if you have been in an accident definitely call Tillman Law they're amazing super professional, kind and empathetic beings who will work for the best possible outcome for your case and fight they won't just roll over and play dead they spent about 2.5 years on my husbands case never giving up. He was always super honest with my husband and always communicated everything. So again, thank you, Aaron Tillman, and thank you to your law firm for working so tirelessly. We appreciate it more than you know.
Cassie Kocker
Cassie Kocker
1679485024
Aaron is great. He is professional and personable which makes you feel cared about during the process. He will provide advice and resources so that the process is smooth and renders positive results. I highly recommend!
Michael Darling (Mike Rich)
Michael Darling (Mike Rich)
1678578656
Still working with them to this day! Great firm great people. Much recommend
Brittany Sloan
Brittany Sloan
1678128693
I can’t recommend Tillman Law enough. We were in a sticky situation from a car accident in December and my partner was out of work for over a month. Aaron told us we may not be able to get those lost wages, but he would definitely try to fight the insurance for them and even then we might not see the money for a long time. It’s only been 3 1/2 months since the accident and we just got our lost funds today. Tillman Law was quick, efficient, and made this entire situation much less painful. I appreciate everything they’ve done for us.
Hazel Ault
Hazel Ault
1676408436
Jennifer nelson
Jennifer nelson
1675127322
Great experience
Oksana Pavlenko
Oksana Pavlenko
1660939351
Really pleased with my experience at Tillmann Law. Mr. Tillmann and his team were on top of my case, worked hard to answer any questions I had and finished my case in a timely manner. I was really happy with the outcome . Thank you!
Robert Swanson
Robert Swanson
1659227101
Tucker Earp
Tucker Earp
1658161927
Linette Figueroa
Linette Figueroa
1634884433
Mr. Tillman took care of my care seamlessly! He immediately hopped on my case immediately and guided me through the entire process. His team is professional, organized and well-resourced! He even went back to ensure the settlement was beyond fair. If you want someone who will fight tooth and nail on your behalf- Mr. Tillman is your lawyer!
Robert Aley
Robert Aley
1634841379
I am so happy to promote Aaron and his team. They did such an amazing job handling my case. Call them if you need service. I called him when I first needed help with my accident and he called me back within five minutes. This team is so great! I am so happy to have worked with them.
Teresa Ochoa
Teresa Ochoa
1633214433
Mr. Tillmann and his paralegal Jason were fantastic to work with! They were always available to answer my questions in a timely manner and delivered a very good outcome after I was rear ended. I would recommend their services to anyone.
Roro Roro
Roro Roro
1631419364
Amazing team at the Tillman Law, LLC . His work speaks for it self. Thank you for being professional and above all understanding to different people. God bless everyone that works there .
Mercury Nightstone
Mercury Nightstone
1628733283
Aaron and his staff, especially Jason, were all extremely courteous, timely, and professional. Highly recommend, truly appreciate your hard work!
Danielle Martin
Danielle Martin
1627923620
The Tillman Law Firm is amazing! I have been very pleased with everyone that I came in contact with concerning my case. They filed the case against the insurance company and fought hard in litigation to get what rightfully was taken from me. I would highly recommend them, they are the best in the Portland metro area!
C ease
C ease
1624391464
Everyone told me that getting money from the insurance company isn’t easy and it takes a long time probably more then a year but when I decided to call Aaron about my situation and explained everything and right away he took my case and told me what to do every step of the way so I never had to deal with the insurance, made everything go smoother, felt very comfortable and reliable. In other words Aaron knows what he is doing and I would recommend him! Don’t go to anyone else cause he got me more money then what they wanted to give me and I am very happy right now thank you Aaron !!
Joey Russell
Joey Russell
1621191558
After my daughters car accident he was the only lawyer willing to take her case. She felt well cared for and he kept her informed of his progress. Highly recommended!
Gustavo Reynada
Gustavo Reynada
1620414579
Rodger Lamont
Rodger Lamont
1620413750
What a great job the people at Tillmann Law,LLC
Kate Adams
Kate Adams
1619623346
Aaron and Jason took my case back in December of 2019. They did a fantastic job negotiating with the insurance company, and I'm very happy with the outcome and the service that they provided. I would definitely recommend using their firm. Thank you again for your help!
Caitlin Chalmers
Caitlin Chalmers
1610940620
I had a great experience with Aaron. My case settled smoothly and for a fair amount more than I was expecting.
Alex Burykin
Alex Burykin
1602441916
Roman Burykin
Roman Burykin
1602274513
Aaron and Jason took our case right after Christmas in 2017. It was a very complicated situation that involved a handful of different people, several cars, multiple hospitals, uninsured drivers, and a negligent insurance company which took nearly three years for us to reach a conclusion on. It would've been a certain dead end had it not been taken on by the expertise of this firm. They were always there to answer questions and walked us through every step of the process along the way. Ultimately they scored a win in our favor and after several negotiations with the other party, we've reached an agreement on a settlement in September of 2020. Seeing how hard they fight for their clients, my family has opted to return to Tillmann Law several times since this first case for other, less significant events, all of which have also resolved in our favor. Highly recommend to hire this firm to represent your case.
Katelynne Lenhart
Katelynne Lenhart
1599758481
Aaron and his team are awesome and are always there to answer your questions through whatever hardship you are facing!
Olivia Kilgore
Olivia Kilgore
1598369089
Aaron was very helpful and responsive in helping with my case. I’d highly recommend him!
Roberto Garcia
Roberto Garcia
1596937605
First of all these guys will fight for you!. The thing is dealing with insurance companies is such a hassle that it interferes with our lives and they only want to pay out the bare minimum. Now that we have to go to doctors, physical therapy and chiropractic appointments, etc. just to get better, all while trying to go to work and then having to deal with the insurance company on top of that. There is no way to keep track of it all. This team will help you get the best result possible and also take care of the process and communication with your insurance company.
Christian Bewley
Christian Bewley
1593501254
I am glad that this is finally going to be completely resolved. It has taken a long time but there were complexities that we had to work through. I am very happy with your service. I am positive this was the highest and best outcome for me. I am still a little in awe of the discount you and Aaron were able to get. It is nothing short of amazing.I am completely satisfied with your hard work and the results. I would have never gotten the settlement on my own. Thanks again.
Mary Krettler
Mary Krettler
1580690987
Wonderful law firm!I contacted Aaron after I sustained a broken arm from tripping on a faulty sidewalk...An insurance adjuster wanted me to quickly sign off on the claim, offering a fraction for my growing medical bills...I refused and hired Aaron.From the beginning and throughout my ordeal, Aaron was professional yet caring and understanding...He and his paralegal Jason were always available for any questions and concerns I had.Aaron negotiated a fabulous settlement for me that I never would've achieved had it not been for his tenacity and perseverance.I would absolutely recommend him and his law firm to anyone who seeks legal help and justice!...Thanks again Aaron and Jason!...Couldn't have done it without you!
Jan Grammer
Jan Grammer
1578946267
We hired Aaron after our daughter and I were rear ended by an inattentive driver. My daughter was more significantly injured due to her delicate post-operative state. He helped us deal with uncooperative insurance companies and negotiated a very positive settlement . In fact, the look on the claims adjuster's face at the end of the medication session that settled the case reaffirmed that we had done very well. Aaron educated us along the way, and explained the process clearly so we knew what to expect. Both Aaron and his legal assistant Jason are both top notch, highly effective and a pleasure to work with. I recommend them very highly. Results speak for themselves!
Aaron Wilde
Aaron Wilde
1563938561
I asked Mr. Tillman to associate with me on a case in Oregon. I was pleased with Aaron’s work product. He responded quickly to my inquiries and was knowledgeable in the law. I would recommend his services.
Dwayne Harris
Dwayne Harris
1562913766
I suffered an injury in an auto accident before I retained Mr. Tillmann for his services. I appreciated his line of communicating with me in every instance what the plan of attack would be. After making a number of visits to doctors therapist, Mr. Tillman helped facilitate a careful and Savvy approach to persuade a defense that was at times uncooperative and unpersuaded. His ability to read our situation, resulted in a positive outcome that we can all live with. I highly recommend.
Laxmi Dady
Laxmi Dady
1552528446
Aaron and his team were incredible to work with. In addition to being extraordinarily thorough on the case and patient with me, they were tireless in ensuring I received the maximum amount possible in order to receive the care I needed. He genuinely cared for my well being, would call me just to check on the status of my health. He is an all-around stellar person to work with. I highly recommend his services to anyone seeking justice and care for personal injury cases.
Lena Kyle
Lena Kyle
1548603756
I came to Aaron 2 years ago frusterated, in pain and really confused. All i knew is I was hurt, nobody was listening and i didnt know what was gonna happen. Its a scarey space when your in that position. The being in pain and having no idea what the future holds. I feel like the moment I met with him i was being heard and felt like what happened to me mattered. He was very honest with be from the beginning about the process, what we had to work with and even the risks. I felt informed and communicated with. And we just won a huge victory. For me that means options are open, my family has security. I honestly dont know what would have happened with out Aaron and his team. Im just grateful for them standing up and helping me be heard. Thank You for your work and dedication. I highly recommend Tillman Law.
Elyse Tracy
Elyse Tracy
1546895918
I wasn’t sure about getting legal help with my collision claim, but when I went to Aaron, he made me feel comfortable with the process. I definitely got more than expected. I’m very happy with the outcome. Now things should be a little easier.
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