Were you hurt during an assault in Portland? Even if the perpetrator is being criminally charged, you could still have a civil right to compensation. This money can help you pay for medical bills and pain and suffering. Tillmann Law Personal Injury Lawyers has recovered millions of dollars on behalf of our clients since opening our doors. This money has helped our clients access medical treatment, make up for lost wages, and recognize their emotional trauma.
Becoming the victim of an assault is traumatic. A Portland assault injury lawyer on our team is prepared to help you navigate the civil court process and hold the defendant financially liable. We will tailor a strategy specifically to your needs and the facts of your case. Call our office today at (503) 773-3333 to discuss your legal options with a Portland assault injury lawyer.
Aaron Tillmann at Tillmann Law Personal Injury Lawyers is a highly-regarded personal injury attorney in Portland. He has won millions of dollars for his injured clients over the past 17 years. In recognition of our work, Tillmann Law Personal Injury Lawyers has been named National Trial Lawyers Top 100 Trial Lawyers and Super Lawyers by Super Lawyers Magazine.
Our work includes:
Assault injury cases are complex because there is usually a simultaneous criminal case. We can help you understand the difference between your civil case and the criminal case and recover the money you need to move forward.
Call our office to schedule a free consultation with a Portland personal injury attorney today.
According to the Portland Police Bureau, in 2023, there were 9,365 reported assaults in Portland, OR. Assault is the most common type of violent crime in Portland. It is unclear how many of the victims were injured and to what extent. However, it is reasonable to assume that many of the victims had injuries that required medical treatment.
Every Portland assault injury case is worth a different amount. Your case value is highly dependent on the type of injury you have suffered and how it has impacted your life. Generally, the more serious your injury is, the more money you will recover.
Some of the factors that will increase your case’s worth are:
There are many different techniques for calculating your case value. We can use our experience to help you put a dollar figure on your losses. Ultimately, you could recover more or less depending on how the case progresses. However, the estimate is an important number that we can use during negotiations.
If you have suffered an injury after being assaulted in Portland, you can recover compensatory damages. Compensatory damages pay plaintiffs for their actual and future losses. You are entitled to these payments simply by proving your case and the amount of your damages.
Economic damages are financial and monetary losses. This also includes future losses that are reasonably anticipated. Common examples of economic damages are:
We can prove economic damages by looking at bills, paystubs, invoices, and other documentation. It is important to keep track of this paperwork after an accident.
Non-economic damages are intangible losses. This type of loss is commonly called pain and suffering. Examples of non-economic damages are:
Non-economic damages are tricky to calculate, but they are important. In some cases, your non-economic losses could be worth more than your economic losses. A Portland assault injury lawyer at Tillmann Law Personal Injury Lawyers can help you calculate your non-economic damages.
The crux of every civil assault injury case is negligence. To recover financial compensation, you need to prove that the defendant was negligent. Negligence means that the defendant failed to use reasonable care and, because of that failure, caused another person to incur financial harm.
There are four elements to negligence:
You must prove each element by a preponderance of the evidence. This means that it is more likely than not true. This burden of proof is higher than the burden of proof in a criminal case. Furthermore, you will still need to prove negligence in your civil case even if the defendant is convicted in criminal court.
A Portland assault injury lawyer can help you understand negligence and how it differs from a criminal assault case.
Sometimes, assault victims are blamed for causing the assault or contributing to their injuries. For example, if the defendant claims self-defense or the plaintiff waits to get medical treatment until their injuries worsen. In these cases, Oregon applies a modified comparative fault law with a 51% bar.
Modified comparative fault means that the defendant’s share of financial responsibility may be reduced if the plaintiff contributed to the injury. However, this only applies if the plaintiff is less than 51% at fault. If the plaintiff is 51% or more responsible then the defendant doesn’t have to pay anything.
The amount that the defendant will pay depends on their share of responsibility. For example, if a defendant is 75% at fault, they will only pay 75% of the plaintiff’s damages. The plaintiff is responsible for the remaining 25%.
This rule can help and hinder plaintiffs. On one hand, it allows them to get paid even if they are partially at fault. On the other hand, it incentivizes defendants to shift the blame to significantly reduce their payment, or eliminate it. For this reason, you should avoid accepting blame and always work with a lawyer to help protect you from unfair blame shifting.
The statute of limitations in a Portland assault injury case is two years. This means that you have two years after the assault to file a personal injury lawsuit. If you attempt to file it after two years have passed, the court will dismiss your case. That means you will lose all rights to claim compensation through the court.
There is a lot of work to do before filing a lawsuit. It is better to reach out to an attorney as soon as possible so they have time to prepare before the deadline. They may need to collect evidence, file insurance claims, negotiate, and perform other important tasks. If you wait too long, your lawyer may be rushed or not have enough time to do what is necessary to maximize your damages.
Portland assault injury lawyers are a subset of personal injury lawyers. Personal injury lawyers have a unique way of billing their clients that makes their services much more affordable and attainable. This is important for people who are already suffering financially after getting hurt.
Portland assault injury attorneys almost always charge a contingency fee. With a contingency fee, a client will pay their lawyer at the end of the case. The client only pays the lawyer if they win damages either through a settlement or jury award.
The amount that the client pays depends on the amount of money that they win. Usually, it is between 33% and 40%. It could be more or less depending on the type of work involved. For example, if the case goes through a complex and drawn-out trial, the lawyer may charge a higher percentage than if it settles quickly after a month or two.
Tillmann Law Personal Injury Lawyers offers a 100% free consultation. This meeting is an opportunity to learn more about your legal rights and our team. Call our office to schedule a time to talk with a Portland assault injury lawyer as soon as possible.