Frequently Asked Questions of Oregon Personal Injury Attorney Neil Lathen
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Attorney Neil Lathen, you can receive a personal consultation regarding your specific legal claim.
- What is Personal Injury?
- What financial compensation can I recover in a personal injury claim?
- What is the Statute of Limitations?
- How long will it take to settle my claim?
- What is a Tort?
- What is Premises Liability?
- What is Wrongful Death?
- Under what circumstances can a wrongful death occur?
- Who can file a wrongful death lawsuit?
- What is Medical Malpractice?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Oregon. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
- Burn Accidents
- Construction/On-the-Job Accidents
- Dangerous or Defective Products
- Dog/Animal Bites
- Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
- Nursing Home Abuse and Neglect
- Slip and Fall Accidents/Premises Liability
- Spinal Cord Injury
- Toxic Exposure
- Traumatic Brain Injury
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost income, including overtime wages
- Pain & suffering
- Physical disability
- Disfigurement
- Emotional trauma
- Mental disability
- Property damage
What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.
Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Attorney Neil Lathen.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.
A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation).
Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of Oregon requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.
Wrongful death occurs when a person's death was caused by the negligent, willful or wrongful act, neglect, omission or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Oregon has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.
Under what circumstances can a wrongful death occur?
Wrongful death law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
- Medical malpractice resulting in a patient's death
- Neglect or abuse on the part of a nursing home that results in a patient's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
- Death during a supervised activity (sports tournament, field trip, etc.)
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.
Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, dentist, technician, hospital or hospital worker - whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence - that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition.
If you or someone you know throughout central Oregon needs the assistance or skilled legal counsel of an experienced serious injury lawyer, contact Neil Lathen today at 1-866-822-1696, or complete the contact form provided on this site to schedule your free consultation.
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