How Do Slip and Fall Injury Cases Work

Yellow Caution Wet Floor sign on a tile floor

Slip and fall accidents are more than just painful. In some cases, they can be completely debilitating. From fractured bones to head trauma or spinal cord injuries, one misplaced step is all it takes to change a life. 

If you or a loved one is dealing with a slip and fall injury that is the direct result of somebody else’s negligence, then you might be entitled to compensation. Though it may feel overwhelming to pursue a legal battle while in recovery, seeking damages could take stress off of your shoulders by helping with hospital bills and other injury-related costs. 

At OlsenDaines, we strive to make the legal process easy and straightforward so you can focus on getting better. To help you determine your next steps, here’s a guide on how slip and fall injury cases work and what you can expect when filing a claim:

What Is a Slip and Fall Claim?

A “slip and fall” claim is a specific type of personal injury case. The purpose of the claim is to help individuals recover damages – typically monetary compensation – after sustaining injury while slipping or tripping on somebody else’s property. However, not every accident justifies a slip and fall claim. For a successful case, you must be able to demonstrate these main points:

  • The property owner had a responsibility to keep the property reasonably safe
  • The property owner failed to meet that responsibility through negligence
  • Your injury was the direct result of their negligence
  • You suffered damages because of your injury

If you believe your situation meets all of those criteria, you should contact a personal injury attorney for assistance as soon as possible. They will be able to examine your situation closely and help you through each stage of the claims process. Read on to learn more about what to expect when beginning a slip and fall legal case.

Proving a Slip and Fall Claim

Perhaps the most challenging aspect of any personal injury claim is proving liability. Slip and fall cases are no different, and there are a few different things you will need to consider when trying to prove that your injury was caused by somebody else’s negligence:

“Duty of Care” and Premises Liability Law

Premises liability laws state that property owners owe a “duty of care” to people who visit their land. In other words, these rules hold property owners accountable for keeping their space adequately safe at all times. However, their level of responsibility largely depends on your status as a visitor:

  • Business invitees are individuals who are invited onto the property to conduct business – for example, visiting a grocery store or a mall. Property owners owe these types of visitors the highest duty of care. Generally, this means the owner is responsible for routinely inspecting their space for potential hazards and quickly remedying or notifying visitors of any possible safety concerns.
  • Licensees and social guests are individuals who visit the property with the owner’s consent, but not for business. Property owners still owe duty of care to these visitors but are not required to frequently monitor their space on the same level as a business owner. Typically they are responsible for remedying or warning visitors of known hazards.
  • Trespassers are individuals who illegally enter the property without the owner’s consent. Trespassers are not owed any duty of care, which means the property owner will not be liable for any injuries sustained on their land.

What Qualifies as Negligence in a Slip and Fall Case?

Once we prove that the property owner owed you a duty of care, we will need to demonstrate that they failed to fulfill that duty. To put it differently, we’ll have to show that they ignored or failed to notice a safety hazard that directly led to your injury. This step will look different for every case, though some of the most common examples of negligence include:

  • Loose or broken floorboards
  • Cluttered walkways
  • Parking lot potholes
  • Torn or loose carpeting
  • Uneven steps or stairs
  • Oily, waxy, or wet floors
  • Low lighting or visibility
  • Lack of safety signage

If your injury was caused by a similar safety hazard that you received no warning about, then the property owner is likely liable for the accident. Not sure if your situation qualifies? Don’t worry – our attorneys can help answer all of your questions. Just give us a call to schedule your free legal consultation.

Tips for a Successful Slip and Fall Case

Proving a slip and fall case can be very tricky depending on your unique situation. However, we have some advice that can make the process a lot easier and faster. If you are planning to file a slip and fall claim, consider these tips:

  • Seek medical attention right away: After sustaining an injury, health should be your top priority. Visit a doctor immediately after the accident to assess, treat, and document any injuries that were caused by the accident.
  • Document as much as you can: Once you are safe and able, write down as much information as you can. Collect the names, addresses, and phone numbers of potential witnesses. Write the date, time, and exact location of the accident.
  • If possible, take pictures of the scene: Though this may not be entirely possible in every situation, pictures of the exact location where your injury took place will help your case immensely. Try to capture a few that show what your perspective looked like as you approached the safety hazard.
  • Avoid posting on social media: Social media is a big part of our lives, and it may be tempting to continuously share everything online. However, your posts can be used against you – even if they don’t directly relate to your accident. For example, if you are claiming that the injury caused serious emotional distress but are posting about a party, it would be much harder to prove your case.
  • Keep all of your medical and treatment documents: Don’t throw away any paperwork from doctors, physical therapists, massage therapists, or any other health professionals that you visit following your injury. Their reports and invoices will help you build a solid case and request an accurate amount in damages.
  • Note any days you miss from work: Keep a record of any hours that you had to take off work as a result of the injury. Include any instances where you had to leave early for recovery-related reasons such as medical visits or therapy appointments. 
  • Don’t wait too long to start your case: In the state of Oregon, personal injury cases must be filed within two years of the date of injury. Failing to meet this deadline will prevent you from recovering damages at all. 

Contact an Experienced Personal Injury Attorney

Slip and fall accidents are unpredictable, and they can be incredibly stressful to recover from. At OlsenDaines, our slip and fall accident attorneys are dedicated to helping you heal in peace by guiding you through the claims process. With over 40 years of experience in Oregon law, we know how to deliver favorable outcomes for our clients. To get started, schedule your free legal consultation today.

What to Do if a Car Hits You While Walking

Person injured in pedestrian accident - OlsenDaines personal injury attorneys in Oregon

Getting hit by a car while you’re walking is a scary experience, especially if you sustain injuries. However, pedestrian accidents are common – it’s even estimated that a car hits a pedestrian once every 7 minutes in the United States alone. Knowing what steps to take after an accident can help you recover quickly while preparing to make a claim. Here’s what to do if a car hits you while walking:

Remain Calm and Evaluate Injuries

Your safety is the first priority after an accident. Try to maintain a calm composure while assessing injuries. If you or anyone else has been seriously hurt, call 911 immediately for medical assistance.

File a Report With Law Enforcement

Once everybody involved in the accident is safe, it’s time to call law enforcement to file a report. Police reports play a big role in determining liability, so it’s important that you don’t skip this step and that you provide as much information as possible.

Collect Information on the Driver

To file a claim, you will need the driver’s information. Request their name, phone number, address, insurance company, and policy number. If they are not being cooperative with you, don’t worry; law enforcement will also be able to collect this information. Should the driver attempt to flee the scene, at least try to catch the license plate number. Without the license number, it will be very challenging to track the driver down later on.

Collect Witness Contact Information

Even if law enforcement has not arrived yet, request contact information from any third-party witnesses who saw the accident. Doing so will ensure you have their information even if they decide to leave the scene of the accident before the police arrive.

Always Seek Medical Attention

Even if you think you feel fine, it’s crucial to seek medical attention as soon as possible. Adrenaline from the accident can make it impossible to accurately assess your own injuries. Visiting a doctor not only ensures you are receiving proper and thorough treatment, but it also creates a written medical record of any injuries. During your visit, describe the events in detail and try to get comprehensive diagnostic tests.

Do Not Give Any Insurance Company a Statement

Prior to giving a statement to any insurance company – even your own – it’s critical to seek help from an experienced attorney. Any questions you answer or statements you provide can be used against you later on, so it’s important to work with a knowledgeable lawyer who can provide guidance.

Seek Help From an Attorney

A personal injury attorney can help you navigate the claims process and recover any compensation to which you are entitled. Damages can cover expenses like medical bills, missed work, and more. If you have been involved in a pedestrian accident in the state of Oregon, you can count on the experienced lawyers at OlsenDaines to make your claim as simple and effective as possible. Just give us a call to schedule your free legal consultation.

Track All Expenses

Throughout the claims process, you will want to keep track of any injuries, treatments, and medical bills. Consider creating a folder where you can store all of your medical receipts and records, such as:

  • Time missed from work for recovery or medical treatment
  • Specific dates and times of medical appointments
  • Any receipts for co-pays or prescriptions
  • Pain and symptoms related to the accident

Follow Through on All Medical Appointments and Treatments

It’s crucial that you attend all medical appointments and follow through on each treatment plan. Failing to do so will not only impede recovery; missing appointments could also prompt an insurance company to argue that you are not actually injured, or that you are needlessly extending your injuries by not complying with medical recommendations. To ensure your fast recovery and a speedy claims process, be sure to attend all appointments and complete all recommended treatments.

What to Do If You Get Hurt From a Car Accident

Image of a car accident in Oregon - OlsenDaines Personal Injury Attorneys

Car accidents can be scary situations, especially if you sustain any type of injury. Knowing what to do after an accident can help you seek recovery quickly while protecting your rights and preparing to make a claim. Here is what to do if you get hurt from a car accident:

Stay Calm and Assess Injuries

Always ensure you, your passengers, and anybody else involved in the accident are safe. If anybody sustained major injuries, call 911 immediately for medical help. Try to maintain a calm demeanor to remain in control of the situation. Additionally, move any impacted vehicles out of the way of traffic if possible.

Call Law Enforcement and Make a Report

Once you know everybody is safe, call the authorities and report the incident. Law enforcement will examine the scene, interview witnesses, and otherwise collect information about the accident to help determine who was at fault. A police report is extremely important for proving liability, which is why you should never skip this step.

Collect Witness Contact Information

If there are third-party witnesses to the accident, try to collect their contact information – even if law enforcement has not yet arrived. That way, if the witness chooses to leave the scene of the accident before police arrive, you will still have their information to provide for the report and to use later on if needed.

Seek Medical Attention Immediately

If you have not already contacted a medical professional to assess your injuries, do so as soon as possible – even if you feel just fine. Shock from an accident can make it difficult or impossible to determine the extent of an injury, which is why it’s crucial to see a doctor right away. Describe the events and any wounds in detail and get comprehensive diagnostic tests. Not only will this allow the doctor to create a proper treatment plan that will help with your recovery, but it will also create a written medical record that can be used later on if you make a claim.

Do Not Give a Statement to Any Insurance Company

Wait until you have consulted with an experienced attorney before you give a statement to any insurance company – even your own. Your insurance company may call you shortly after the accident to obtain a statement, but whatever you say can be used against you later on. Though you may notify them that an accident has occurred, wait to provide a statement.

Contact an Experienced Attorney

An experienced attorney can help you navigate the claims process to recover maximum compensation to which you are entitled. These damages can help cover medical bills, vehicle repairs, and more. If you are in need of an experienced attorney in the state of Oregon, contact the experts at OlsenDaines today for a free legal consultation. With years of experience and a dedicated staff, we’re able to take over the logistical challenges and requirements of your claim and allow you to focus solely on recovering from your injury and taking care of your family.

Keep Track of All Injuries, Treatments, and Expenses

Keeping track of your injuries, treatments, and expenses can help you immensely throughout the claims process. To stay organized, we recommend creating a folder where you can keep medical receipts and records. Also try recording additional information such as:

  • Pain and symptoms caused by accident-related injuries
  • Time missed from work for medical care or recovery
  • Contact information for medical providers
  • Specific dates for medical appointments
  • Out-of-pocket expenses for co-pays or prescriptions
  • Attend All Medical Appointments

To ensure your recovery, it’s crucial to follow through on all of your medical appointments. Be sure to take any prescribed medications, attend physical therapy, and show up to any necessary doctor’s appointments. Not only will this help you heal faster, but it may also help you with your claim. If you fail to attend medical appointments, an insurance company may claim that either you are not actually injured, or that you needlessly extended your injuries by not following through on treatments. To recover quickly and remain prepared for a claim, it’s important to complete all recommended medical treatments.

Signs You Have a Potential Wrongful Death Case

Image of a lawyer signing papers - signs you may have a wrongful death claim in Washington or Oregon - OlsenDaines

If your loved one has died because of a third party, you may be able to file a wrongful death claim. However, the case needs to meet certain criteria before you can claim compensation.

Signs You May Have a Wrongful Death Case

Many wrongful death claims involve negligence, meaning the defendant owed your loved one a duty of care and didn’t follow it. To classify as wrongful death, the death of a person from negligence or willful intent must be present. Wrongful death is especially common in medical malpractice cases in which the doctor failed to diagnose a condition leading to patient demise.

You also may have a claim if your loved one died because of a defective product they used correctly. Victims killed intentionally, such as a shooting or careless driving, are often signs you have a wrongful death case. Sometimes, fatal falls or other accidents on property caused by negligence are grounds to file a wrongful death case.

Who to Sue and Who Can File a Wrongful Death Lawsuit

Generally speaking, the surviving spouse, surviving children and any family members of the person who died, as well as anyone who is a beneficiary of the person’s estate, can bring a wrongful death action.

If the party passed because of a defective product, you could bring a lawsuit against the makers. A medical malpractice case may involve several parties, which include doctors, nurses, ER personnel, surgeons, and pharmacists. Premises liability laws allow you to sue landowners who didn’t fix a defect or set barriers for attractive nuisances.

Sometimes, a wrongful death claim is warranted for preventable incidents to get justice. However, certain groups are often protected by immunity laws, such as government officials. If you have questions, speak with an attorney at OlsenDaines before filing a claim. Our attorneys have extensive experience with wrongful death claims and can help you recover all of the damages to which you are entitled. Call us today to set up your free consultation.

What Should I Know About Filing a Wrongful Death Claim?

Filing a wrongful death claim can feel overwhelming, but an experienced attorney can guide you through the process. Before beginning, however, there are a few important things to know about filing a wrongful death claim:

  • Time to make a wrongful death claim is limited. In every state there is a set of laws known as the Statute of Limitations. These limit the amount of time that you have to file a lawsuit. Oregon and Washington residents have up to three years to file a wrongful death claim. And if the claim is against a public entity in Oregon, there’s a one year statute for sending a Tort Claim Notice to preserve your rights against the public body. Missing this timeline could prevent you from recovering damages.
  • You may be awarded specific types of damages. If your claim is successful, you may gain compensation for a variety of damages. Common wrongful death damages include medical bills, funeral expenses, loss of wages or inheritances, and loss of companionship.
  • You will need documentation to prevail in your case. For a successful claim, you will need to prove negligence. One of our attorneys can help you compile documentation to show that the defendant violated a legal duty to the deceased and that your loved one died as a result of that violation.

Wrongful Death Attorneys in Washington & Oregon

If your loved one died due to the negligence of others, don’t hesitate to consult one of the experienced attorneys at OlsenDaines. We are committed to guiding you through the process of making a wrongful death claim to recover all of the damages to which you are entitled. Call us today to schedule your free legal consultation.

When to Hire a Personal Injury Lawyer

Young female bicyclist fallen down on street with serious injuries after traffic accident with the 4x4 car of a young man. OlsenDaines serving Oregon & Washington talks about when to hire a personal injury lawyer.

Personal injury claims are civil, non-criminal cases that cover a wide variety of possible situations. If you’ve been bitten by a dog, hit by a driver, or fell at the store, you can file a personal injury claim.

Although there are some situations when you can handle a claim through Small Claims Court or through the other party’s insurance, in most situations you’ll want the expertise of someone who understands the legal system, especially if you’ve been seriously injured.

With that being said, here are some scenarios to help you determine if you need a personal injury lawyer.

You’ve Suffered a Serious Injury

If you were seriously injured in an accident, need long-term care, now have a permanent disability or illness, you definitely need a lawyer. Having a personal injury lawyer on your side could help relieve a lifetime of financial stress and suffering that you would otherwise experience.

Insurance is Denying your Claim

Not only is dealing with insurance companies very demanding and exhausting, but there are also many instances when an insurance company can simply deny your claim. Insurance companies also delay their claims or make the process overly complicated as a tactic hoping the claimant will give up or ask for less. If insurance has denied your claim, you’ll want to contact a personal injury lawyer.

Level the Playing Field

The other party will definitely have their insurance company along with their team of experts on their side, why shouldn’t you? Insurance companies have a lot of money and legal resources, so to help level the playing field, you’ll also want to have your own team of experts.

Medical Malpractice

If you believe you’re a victim of medical malpractice and want to file a claim, you should know time is of the essence. These claims take time and require a lot of legal work. Depending on where you live, there are also some statutes in place that require you to file the claim within a certain time.

Personal Injury Law Firm

Many people are often reluctant to contact an attorney because they’re afraid of expensive legal fees. But this shouldn’t be a concern. Most personal injury lawyers charge their clients on a contingency fee basis. This means they will accept a fixed percentage of the amount recovered. Simply put, they don’t get paid unless you do.

If you or someone close to you has suffered a personal injury and you need help determining your next course of action, contact our office. We understand how helpless and stressed you may be feeling, and we want to help you get the compensation you deserve. We have an entire team of experienced personal injury lawyers ready to dedicate their time and resources to your claim.

Social Media and Personal Injury Claims

Social media is more and more a part of everyone’s life. And while it brings people together and keeps us all connected, social media can also have legal consequences. Stalking, cyber bullying, harassment, libel — these are just some of the legal liabilities that can arise out of social media.

Another one that may not immediately come to mind when you think of social media, is the impact it can have on your personal injury lawsuit.

If you have been injured and have filed a personal injury lawsuit against the person who caused your injuries or damage, or are thinking of filing a lawsuit, here are a few things you should consider before you Tweet, post to Facebook, or upload that YouTube video.

Social Media Posts Can Be Used Against You.

Personal injury cases often involve seeking damages (money) to recover for medical bills and limitations caused by physical injuries arising out of the incident.

However, you may be able to recover damages for the emotional damage as well. A personal injury plaintiff can recover for mental and emotional trauma and distress caused by an accident or tortious event. A plaintiff suffering emotional injury or damage can recover for things like: humiliation, depression, anxiety, fear, sleeplessness and more.

But here’s where social media can negatively impact your personal injury case. If you are making claims of emotional trauma and damage, yet you post videos and pictures of yourself having fun at a party, out drinking with the guys (or girls), gleefully dancing at your niece’s wedding, or standing in triumph at the top of Mount Kilamanjaro, these posts can be used against you at trial. They will undermine your claims of depression, sadness, fear or anxiety. No judge or jury will believe you.

Don’t Try Your Case in Social Media Posts.

On the other hand, you don’t want to post angry comments or diatribes about how rotten the defendant is and how he deserves to die/rot in hell/be taken to the cleaners. These kinds of comments will be found by the defense attorney —because part of the defense attorney’s job is to look for evidence to support his client’s side of the case, and looking on social media is a no-brainer—and they can be used against you. You may say things that you do not realize are admissions that can be used against you. Or, the defense may simply be able to twist and turn your posts into evidence that you are litigious (“sue-happy”), vindictive, or are exaggerating your claims to make a quick buck. Either way, these kinds of posts can be used to portray you in the worst possible light. And they will affect the judge’s and jury’s evaluation of you and the merits of your case. So, don’t do it.

What You Should Do.

So, what should you do then? Hire competent counsel, follow their advice, and keep your case out of the social media madness.

Personal injury cases are fraught with emotion and can be difficult to prove and to litigate. You need the advice of counsel to prevent you from unknowingly doing or saying things that may negatively impact your case and reduce the award you deserve.

We can help you protect your case and your rights.

#Don’t Wait to Speak to a Lawyer!

If you have been injured, we can help. We have offices in Salem, Medford, Bend, Portland, Eugene Albany, Grants Pass, Klamath Falls, and several other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington.  We offer free consultations and we can help you. To set up an appointment, call us toll free at: 1-800-682.9568.

Liability on a Cruise Ship.

There’s nothing like a cruise ship vacation. Sailing away into the sunset, sea gulls wheeling overhead, the roll of the ocean, the salty wind in your face…. not a care in the world.

That is, until you fall down the deck stairs, or slip in the shower in your cabin. Then its all hands on deck! to try and figure out whether the cruise ship is liable for your injuries.

Proving Cruise Ship Liability. Not Such Smooth Sailing.

Unfortunately, cruise ships have recently been attracting more attention for violent illnesses suffered by passengers and crew member assaults than their luxurious accommodations. If you are injured on a cruise ship, you have the right to recover for your injuries from the responsible party, just as you would if you were on land.

Cruise ships are common carriers (like airplanes, passenger trains or the bus). But they are also virtually floating cities. Despite their size and fancy amenities, many cruise ships unfortunately lack basic safety policies, procedures and protocols needed to protect their passengers from harm. Making matters worse, antiquated laws and contractual language that limits a passenger’s rights and remedies (your ticket), add to the flotsam and jetsam of cruise ship liability.

Proving personal injury cases that occurred on cruise ships are fraught with complexities — including choice of law issues, forum issues, disclaimers and limitations of liability etc. Nevertheless, the bottom line is that cruise ships are common carriers and are held to a “reasonable standard of care under the circumstances.” To hold a cruise ship liable for personal injuries, then, injured passengers must prove that the cruise ship was negligent in some way. It’s not enough to simply prove that you were injured while on board ship. You must prove that the cruise line was negligent or at fault.

This is very often quite difficult to do. Not surprisingly, many cruise ship injuries are caused when a passenger slips and falls; on deck, down the stairway, over a threshold, in the cabins. To hold a cruise ship liable for your injuries, you will have to do more than just prove you slipped and fell. For example, because federal and international shipping law mandates that cruise lines have thresholds in certain locations to keep the ship watertight, a cruise ship is not negligent for having thresholds as a design feature in the vessel. That means that if your injury was caused by tripping over a threshold, the cruise line will not be liable unless you can prove that they failed to put up necessary warning signs.

Cruise Ships Not Liable for Injuries Caused by Independent Contractors.

While cases have held that cruise lines are liable for the acts of their crew — even intentional acts, like assaults, the courts have frequently refused to hold cruise lines liable for injuries caused by independent contractors. For example, although a large part of any cruise involves on-land excursions, which may cruise lines arrange, many cases hold that cruise ships are not liable for injuries caused to passengers while they are taking part in on-land excursions. Similarly, it  has been held that cruise lines are not responsible for the acts of doctors or nurses, where the medical staff are  not cruise ship employees but are independent contractors.

Before You Go on Your Next Cruise, Contact Us. 

We can help you navigate your rights and the pitfalls of proving cruise ship liability if you have been injured. Take advantage of our free consultation and talk to one of our experienced attorneys today. Call us at 1-800-682-9568 or visit our website.

What You Should Know About First Party Benefits

 

No one likes to think about car accidents. Or car insurance. But while it might not be sexy, car insurance is critical. And knowing what “First Party Benefits” are and how they can protect you and your loved ones, can be immeasurably valuable.

What Are First Party Benefits?

In Oregon, all drivers are required to carry car insurance. Drivers are required to purchase minimum insurance coverage (limits) that includes: bodily injury (“BI”), property damage, personal injury protection (“PIP”), and uninsured motorist / underinsured motorist  (“UM/UIM”) coverage.

The State of Oregon requires all drivers to carry car insurance that complies with the amount mandated by the Financial Responsibility Law. That means you must purchase liability and UM/UIM coverage of at least  $25,000/$50,000.  It also means that you must purchase “no-fault” PIP insurance of at least $15,000.00.

No-fault insurance means that, regardless of who was to blame for the accident, each driver’s insurer pays their own medical expenses, lost wages and other costs.

“First Party Benefits” is another term used to describe insurance coverages that are provided to you and your family regardless of fault in an accident. These benefits are frequently referred to either as “First Party Benefits” or “no-fault” benefits. PIP is a “no-fault” or “First Party” benefit. In the event of an accident, PIP pays for your medical expenses, regardless of fault. PIP coverage will pay for all reasonably related medical treatment required, up to one year or $15,000.00—whichever comes first. You can, of course, increase the amount of your PIP coverage by paying for more than the minimum of $15,000.00.

The minimum PIP coverage not only pays for your medical bills, but it will pay for other things like loss of income, household services (to replace things you can no longer do at home), and funeral benefits as well.

It is important that you read your policy and understand what it covers.

Oregon is Not a No-Fault State.

Even though you are required to carry no-fault insurance in Oregon, Oregon is not a no-fault state. What that means is that, unlike other states that are “no-fault” states, in Oregon, you retain your right to sue the at-fault driver to recover the cost of your medical expenses, lost income, and even pain and suffering. It’s important that you understand not only your responsibilities when it comes to car insurance, but the law and your options. That’s why, if you are in a car accident, you should hire an attorney as soon as possible. At OlsenDaines, we handle car accidents and personal injury claims. We offer free consultations, and we can help.

Washington allows drivers to elect not to purchase PIP coverage. However, if you do not have PIP coverage as part of your policy and if you do not have health insurance, you will need to pay for medical treatment up-front and you will probably need to find a doctor or medical provider who will allow you to make payments for your health care for the time it takes to resolve your personal injury case.

We Handle Car Accidents.

Insurance coverage that protects you and your family is important. Filing a personal injury lawsuit to recover for your losses after a car accident is never easy. We are here to help. If you are in Portland, Eugene, Coos Bay, Medford, or any other city in Oregon, we have an office near you. We also have offices in Washington, and we provide free initial case consultations. To schedule an appointment, give us a call or send us an email.

Economic Loss and Personal Injury

 

When it comes to civil liability the remedy is almost always money. Unlike criminal law, in a civil case you can’t put the defendant in jail. So, when a civil litigant is injured, money (with few exceptions) is what he or she seeks from the defendant.

Money Damages

Money damages can be recovered in both tort cases (e.g. fraud, breach of contract) and personal injury cases (negligence). In this post, we are looking only at economic loss as it relates to personal injury cases.

The purpose of money damages in a personal injury case is to make the defendant compensate the plaintiff for the injury or damages he or she has suffered. In other words, to put the plaintiff in as good a position (not better) as he would have been if the accident or injury had never occurred.

A plaintiff in a personal injury case can recover two types of money damages: economic damages and non-economic damages.

Non-economic damages refer to non-monetary losses. They encompass things like, injury to reputation, mental distress, fear, humiliation, loss of sleep, loss of consortium etc. In the context of a personal injury action, “pain and suffering” often refers to these non-economic damages.

Economic damages, on the other hand, refer to monetary losses. Things like lost wages, medical bills, and property damage come within this category.

Recovery for Economic Loss in a Personal Injury Action.

Unlike non-economic or pain and suffering damages, recovery for economic loss related to an accident or injury is generally easier to prove and easier to obtain. Very often a person’s economic losses can be calculated from documents, like medical bills, repair bills. Some economic damages you could recover in a personal injury case are:

  • Medical Bills
  • Lost Wages
  • Car repairs
  • Money to pay for household services you can no longer perform
  • Lost future wages (future income).

Certain economic damages, like lost earning capacity (wages you might have earned) can get a little complicated to establish. Some things the court will look at are: the plaintiff’s age, health, life expectancy, occupation, talents, skill, experience, and training. Past earnings are a factor in determining lost earning capacity, but the claim itself focuses on what might have been earned “but for” the accident. Remember, an experienced attorney can explain all your options to you and can help you receive all compensation you are entitled to.

Hire Personal Injury Counsel.

Economic loss is an important part of every personal injury case. We are here to help. We offer free consultations and we have offices throughout Oregon and in Washington. Contact us and set up your free consultation today!

Are Property Owners Liable To Trespassers?

What happens if you are trespassing on someone else’s land and are injured? Do you have a case?

Everything depends on the facts of your particular case. That’s why it’s important to have competent counsel in your corner. We are experienced personal injury attorneys. We practice in Oregon and we provide free consultations to assist you.

In law, actions concerning injury to persons are called “personal injury” cases. Personal injury cases that occur because of the negligence of a land owner or premises occupier are commonly called “premises liability” cases.

Let’s take a closer look at Premises Liability and whether it protects trespassers.

What is Premises Liability?

First, premises liability is the general rule that says that all property owners have a duty to maintain their land to a certain standard. The rule exists to protect people who come onto another’s property. The law tries to protect people from unnecessary injury. It applies to private as well as public properties.

But does it apply to trespassers?

Let’s see.

Who Does The Law Protect?

To decide when and to what extent a property owner is responsible for injuries that occur to people who enter onto the owner’s property, the law divides people into different classes. They are:

  • Licensee —someone who is present for his own purposes, but enters with permission of the owner.
  • Social guest—is someone that is a guest, present with the owner’s permission.
  • Business Invitee— customers, or others who enter the property at the invitation, and for the benefit of the owner. This invitation usually implies that the property owner has taken reasonable steps to make the property safe.
  • Trespasser— someone who enters the premises without permission and has no right to be on the property.

Does Premises Liability Protect Trespassers?

Generally, no. A trespasser is someone who enters onto property without the right to be there. If you do not have permission to be on the property, you are trespassing.

Property owners do not have a legal duty to protect trespassers from injury by exercising reasonable care to either keep the premises in reasonably safe condition or to carry out activities so as not to endanger trespassers.

On the other hand, you can’t go setting booby traps or make other efforts to actively injure a trespasser. Further, if the property owner knows people are trespassing on his property, the owner could be held liable if a trespasser seriously injures himself or herself if the property owner created conditions that were dangerous but hid them.

Consult With an Attorney.

Personal injury cases are never cut-and-dried. If someone has been injured on your property, or if you or someone you love has been injured, you should consider talking with an attorney. We provide free consultations and we have offices throughout Oregon and in Washington. Visit our website or call us toll free at: 1-800-682.9568.