Oregon Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Oregon
March 18, 2014 By Wm. Keith Dozier, LLC
Information on Stryker hip implant recalls and asserting claims in Oregon.
March 18, 2014 By Wm. Keith Dozier, LLC
Facts and information about commercial truck accidents and legal claims.
Oregon drivers, pedestrians and bicyclists all believe they have a strong grasp, by and large, of the rules and regulations that govern the use of our roads and highways, as well as the traffic control devices designed to protect people at busy and dangerous intersections. Unfortunately, Portland police officers are often confronted by five myths in particular the people believe to be true but are, in fact, dangerous misconceptions.
Not being able to attend work after an accident can have a lot of financial consequences for a family. But if you were not at fault, you may be able to get your lost wages compensated. Sounds simple right? In many cases it is, but in some, like for those who are self-employed or contractors, it can be more complicated.
Most people believe that if they’ve been injured in an accident at work, their only viable recourse of recovering damages is through workers’ compensation. While this is true in many cases, it’s also true that a number of exceptions to this rule exist that would allow the worker to sue for damages by making a personal injury claim for an at-work accident.
After a bike crash, it's important that you don't do anything that could jeopardize your right to bring a personal injury claim if you need to.
There are many reasons to consider a wrongful death lawsuit after the death of a family member. Here we've outlined some of the most common so that you can begin to understand whether this may or may not be a good step for your family.
A DUI in Oregon is actually a DUII, which stands for driving under the influence of intoxicants. Drivers who are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher are considered legally drunk, whether they have shown impairment of driving abilities or not.
When a family member has been seriously injured, it is possible to bring a claim for yourself - to compensate you for the damage to your relationship and any loss of services. This is called a loss of consortium, and this type of claim is usually pursued by spouses.
Most car accidents are straight-forward and liability is easy to understand. But did you know that there are more factors than the two drivers? The accident could have been caused by a faulty car, or a poorly designed intersection, or even bad weather. Before contacting the insurance company, make sure you understand the real cause of your accident.
Not every case needs a lawyer. If your case is small, you may be able to negotiate with the insurance company yourself. We don't often recommend this, as it can be very difficult even with a small claim to work with the insurance company, but it is possible.
Getting your car repaired is usually not an option - you need your car! So after an accident, the repair process can seem slow and frustrating. Here's some tips on getting your car repaired, and making sure the at-fault driver's insurance covers the cost.
When a loved one unexpectedly passes away, it feels like you are in the middle of a bad storm.
Let's face it - auto injury claims are annoying and time-consuming. But, if you've been in an accident with a truck, the claim is even MORE complicated. So, make sure you understand the difference and how to present evidence to ensure a successful claim on your behalf.
We have warned you many times about using online legal document providers for your estate planning needs and here's more information as to why.
One of the biggest problems for many people who try to lower their estate tax burden is that they do not have enough ways to give away their money.
There are many mistakes that you can make in estate planning. Planning your estate is not a simple or easy thing to do.
If you have ever watched a parent, grandparent or other loved one struggle through health problems you know how difficult it can be. Is there more you can do?
If you are filing bankruptcy and have a personal injury claim, you need to know what this means for your case.
Schools are supposed to be safe for our children, but it's true that children are prone to getting injured. When they do, who should be held responsible for the medical expenses? Who is liable? And how does one go about showing that a school was negligent in care of a child?
After a car accident, a lot of people are worried about their car - but shouldn't they be more worried about their health? Yes! And this doesn't mean worried about medical bills. Not getting timely and thorough medical treatment after an accident is the #1 mistake accident victims make for their personal injury cases.
I have an old friend that I only know through the Internet. I'm not sure how we met. It was a long time ago. It was probably through a mailing list or some early Internet message board. We have a lot of similar interests so over the years we have kept in touch. We do not talk often, but every once in a while we send each other emails to see what is going on or to discuss something of mutual interest.
Perhaps some of your family members are not as motivated to make something out of their lives as you are. It is frustrating when that family member is a child or grandchild who just cannot seem to do anything with his or her life, who shows no desire to go to college and get a degree that can land them a good job.
Slip and fall accidents are among the hardest to prove of all the types of personal injury cases. A lot of people think that if they fall, and they are injured, they should be compensated - but this isn't the way the law works. To get compensation in a slip and fall accident, you will need to prove liability. This means you will need to prove that someone else's negligence caused the accident. There are several factors.
The Jefferson’s was always one of the funniest television shows around. It's still funnier than most of the shows that have come afterwards. What is not funny is what has happened to the star of the show, Sherman Helmsley, after he passed away. I mean literally what has happened to him. He died two months ago and his body has still not been laid to rest.
In Oregon, it is illegal to leave the scene of an accident - and it's not just illegal to leave an injured person. It is also immoral because your time and assistance after a car accident could help save someone's life if they are hurt. Read more about how ORS 811.705 defines the duties of the driver, and what to do if you have been the victim of a hit and run.
The first reaction that most people have when they learn that they have been cut out of a deceased relative's estate plan is to want to fight. It's an understandable reaction and it is natural to be angry about not receiving an inheritance that you feel entitled to receive. However, it is best to take some time to think about what you stand to gain from a challenge to the estate plan before you start the fight.
How often do you use your email account? I bet a lot more than you did 5 years ago. You probably have some important business that is conducted almost exclusively by email. That is just the way the world has developed. What happens to those emails when you pass away? The answer to that question is unclear.
Falling asleep at the wheel can be as dangerous as drunk driving, and causes several fatal crashes every year. Here's a quick guide to avoiding this common but dangerous driving error. Now, we are not advocating driving when you are tired. If you are tired, pull over. But if you feel you have to drive, here are some useful tips.
If you are bringing an injury claim after an accident, you are entitled to non-economic damages also known as pain and suffering. These damages are VERY hard to determine because there is a large number of factors that insurance adjusters consider when determining the worth of your case. Learn what constitutes non-economic damages and the details that could affect your claim.
Sometimes you can get a little bit of extra life out of something old. Have an old computer? Put Linux or an earlier version of Windows on it and you can keep using it for awhile before it dies. Have an old car? Keep it tuned up, and it will drive for a long time. Have an old TV? It will still work fine for standard definition television.
Finding a lawyer is easy. Finding the right lawyer for you and your case can be hard. But if you need an Oregon personal injury lawyer, you should know the questions to ask to make sure he or she will meet your needs.
If your loved one has been killed in an accident, you can file a wrongful death claim. In Oregon, however, there are time limits as well as limits on who can file the claim, and what damages can be compensated. Who can bring a wrongful death claim? ORS 30.020 says that the following people (or their legal representatives) are entitled to bring wrongful death claims against the person who caused the death:
There are people who believe in ghosts. They often believe that ghosts are the result of deceased individuals who made mistakes in life and as a result can't leave this world behind to go on to the next I don't know if ghosts exist and why they do, if they do. However, I wonder if the popular theory is true,how many of those ghosts are still here because they made mistakes in their estate plans.
Shoulder injuries are common after an auto accident, but the shoulder is very complex and injuries are not always diagnosed in a timely manner because it can be difficult to determine the source of pain. But shoulder injuries need to be treated, and your treatments can be compensated through insurance.
There are some things in life that we all wish we had done differently. No one makes the right choices 100 percent of the time. Of course, we cannot hop in the Delorean and tell our younger selves to make different choices, at least not yet.
In preparing to make important life decisions the first thing to do is to research your options. You cannot make good decisions until you know what is possible you and how effective the different choices are. This is true in estate planning, as there many different legal instruments that can be used in estate planning.
There are several common causes of construction site accidents, and if you are considering hiring a personal injury lawyer, make sure they understand these causes and how to deal with them in a claim. There are thousands of construction sites, and hundreds of thousands construction workers, in the U.S. - and unfortunately, that means a lot of construction accidents.
Many estate plans contain mistakes that can and should be avoided. Unfortunately, easily avoidable mistakes are made all the time in estate planning. Here are three mistakes you can make, and easily avoid, in your estate plan.
Who Watches the Watchmen?" has become a modern classic line. In case you don't know, The Watchmen are a fictional group of superheroes. In their story, they originally protected people, but then things broke down and people asked the famous line. It stands for the idea that no one should have complete and total power. It corrupts and thus, power needs to be watched.
In Oregon, it is illegal to leave the scene of an accident without stopping. As a driver, your duty is to remain at the location, and assist as needed. If you don't, the penalties under Oregon law can be severe. ORS 811.705 outlines the duties of a driver when someone is injured:
Many people never think about making an estate plan. Let’s take a moment and consider this: if you are going to make an estate plan what are the steps that you would take to make the best possible plan?
Everyone needs an estate plan. If you are smart, you know that you need an attorney to draft your estate plan. Estate plans have legal consequences, so it only makes sense to hire a legal expert to create your plan. You wouldn't hire a roofer to fix a cavity. You would go to the dentist for that.
Losing a loved one is hard enough without having to fight the Oregon funeral home, crematorium, or cemetery. But many people every year are appalled by the actions of these businesses, and seek help from injury lawyers for guidance. But how do you know if you have a case?
People like to make money. Estate planning attorneys are not any different. Most people, however, like to make money in ways that are not headache inducing. Estate planning attorneys are not any different in that respect either.
If you've been injured by a bus, you may need help to file a claim and get compensation. Buses are usually public transportation, which can make filing a tort claim in civil court very difficult. Getting seriously injured on a bus or by a bus driver is rare, but it does happen. And if this has happened to you, there are several things you need to know to protect your rights.
When you first start to think about what you want to happen to your property after you pass away it is very easy to get confused. In estate planning there are so many different options and legal instruments that to lay people it often seems like the only choice is to throw up their hands and forget about it. Estate planning methods often seem like this, that, and the other thing.
If you've been injured, you can send a demand letter to the at-fault driver's insurance company to begin the negotiation process for compensation. This is a basic guide for what to include in the demand letter, although with cases where liability is an issue or there are major injuries, contacting a personal injury attorney to create a demand for you may be more successful.
People who do not have a lot of money often dream about what they would do if they suddenly received a windfall. They think about how they would spend the money, that is and not about how they would manage it. There is a reason the old question is "What would you buy if you won the lottery," and not, "How would you manage your money if you won the lottery?"