Oregon Personal Injury Attorney Neil Lathen Practice Areas and Legal Definitions
Oregon Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:
- admiralty and maritime law
- ATV accidents
- automobile accidents
- aviation accidents
- bicycle accidents
- boating accidents
- commercial bus accidents
- cruise ship accidents
- intersection accidents
- motorcycle accidents
- pedestrian accidents
- rear end collisions
- semi-tractor trailer accidents
- school bus accidents
- SUV rollover accidents
- train accidents
- truck accidents
- yacht accidents
The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.
Attorney Neil Lathen has years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. He works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Attorney Lathen possesses a detailed comprehension of Oregon’s automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident. Oregon motorcycle accident Attorney Neil Lathen can advise injured riders of their legal rights and discuss the litigation options that are available.
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Oregon, the following elements must be present:
- The death of a human being caused by another's negligent or intentional conduct.
- The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.
The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.
Oregon Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.
Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Under Oregon law, insurance companies cannot refuse to pay a customer's claim without "reasonable justification." This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.
Examples of Medical Malpractice include:
- Failing to diagnose a tumor while reading an x-ray
- Puncturing a nearby organ or tissue during surgery
- Failing to order necessary and appropriate medical tests
- Failing to diagnose a condition in time to treat it properly
- Failing to refer a case to a medical specialist
- Prescribing incorrect medication
- Brain Injury
- Birth Injury
- Cerebral Palsy
- Incorrect diagnosis that results in a failure to treat a medical condition
- Failing to properly administer anesthesia
- Emergency room negligence
- Dental Malpractice
- Cosmetic Surgery Malpractice
- Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.
- Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e., failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
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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