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Personal Injury

Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Under Oregon law, if someone causes you harm through a careless action, they are responsible for the harm they caused.

In a personal injury case, there are two types of harm that individuals can be compensated for: monetary and non-monetary. Although non-monetary harms are not as easily calculable as medical bills or lost wages, they often constitute the greatest harm of any injury claim.

What can an Oregon personal injury attorney do?

Pursuing a personal injury claim can be incredibly complex. Proving that another person’s negligent or intentional actions caused your injury requires a thorough review of evidence, such as medical bills and doctor’s visits, careful communication with insurance companies and other professionals, and deep knowledge of Oregon personal injury law. 

The attorneys at Nelson MacNeil Rayfield have years of experience specializing in personal injury law. We have the necessary expertise to help you navigate the complexities of your case. Our firm will work with you to answer your questions, help you understand what evidence you may require to prove your case, and, if the need arises, take your case to trial.

Contact Nelson MacNeil Rayfield for a free legal consultation.

Personal Injury Law FAQ

What Constitutes Personal Injury in Oregon?

Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. 

 

Under Oregon law, if someone causes you harm by way of negligence, they are responsible for the harm they caused. In a personal injury case, there are two types of harms that individuals can be compensated for: monetary and non-monetary. Although non-monetary harms are not as easily calculable as medical bills or lost wages, they often constitute the greatest harm of any injury claim.

 

Car Accidents

One of the most common causes of personal injury is a car accident. Drivers who are intoxicated, distracted, speeding, or intentionally reckless present a danger to everyone on the road. If their actions cause harm to another driver, a passenger, or a pedestrian or cyclist, they may be held legally responsible. If you have questions about injuries acquired in any of following types of car accidents in or near Portland, Albany, or Corvallis, an attorney can provide answers:

Rear-end collisions Drunk driving accident Multiple-car pileup Bike/car collisions T-bone accidents Fatal car crashes Chest Pain Hit and run car accidents
Traumatic Brain Injury
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Premises Liability

Premises liability is the notion that a business or individual who invites someone onto their property has a responsibility to provide a certain degree of safety to their guests. Premises liability cases can be caused by a range of circumstances, including snow or water left on walkways, defective electrical wiring, shoddy materials, building code violations, or poor construction. Common premises liability injuries resulting from such circumstances include:

An Oregon personal injury attorney can answer your questions and help you pursue a claim if necessary.

Broken bones Electric shocks Burns Spinal cord injuries Neck injuries Head injuries
Food Poisoning

Food poisoning, also referred to as foodborne illness, is the result of eating contaminated, spoiled, or toxic food. Although it’s quite unpleasant, food poisoning isn’t unusual. In fact, according to the CDC, 1 in 6 Americans will contract some form of food poisoning every year. Caused by bacteria, parasites, or viruses, food poisoning can happen to anyone, but those at special risk are children, the elderly, pregnant women, and people with compromised immune systems. Symptoms can vary depending on the source of infection, but typically include at least three of the following:

When food poisoning is caused by the negligence of an individual or a business, the negligent actor may be held liable. The Oregon personal injury lawyers at Nelson MacNeil Rayfield can answer your food poisoning lawsuit questions in a free consultation.

Abdominal cramps Diarrhea or vomiting Loss of appetite Mild fever Weakness Nausea Headaches
Police Misconduct
What is Police Misconduct?

Police misconduct refers to ill-appropriated conduct and/or illegal actions taken by police officers in connection to their official duties. Police misconduct can lead to the miscarriage of justice and can involve discrimination, illegal motives of segregation, and obstruction of justice.

Our police misconduct attorneys represent victims whose constitutional rights have been violated, and we have expertise in litigating cases involving all forms of police misconduct, including:

Wrongful convictions Police shootings Police brutality Unlawful arrests Unlawful searches and seizures Coerced false confession Intimidation Racial profiling
Dog Bites/Animal Attacks
When Are Dog Bites a Crime?

Dog owners have a responsibility to ensure their dogs do not harm others, whether that means they keep their dog on a leash at all times, place them in a confined area when guests visit, or properly warn others that their dog may be dangerous.

Oregon’s dog bite law recognizes that a dog bite is often the fault of the dog’s owner, and that the owners should be responsible for paying compensation to the victim. In cases where the dog owner knew of the dog’s proclivity for violence, the owner should be held strictly liable. If you’ve been the victim of a serious dog bite, you may be entitled to receive compensation for:

Present and future medical bills Pain and suffering Emotional damages Lost wages Reconstructive surgery Scarring and disfigurement Nerve damage
Sexual Assault/Sexual Abuse
What is Sexual Assault?

Sexual assault is any type of sexual activity that you do not want and do not agree to; any form of sexual activity that forces you to participate in unwanted sexual contact is considered sexual assault.

Due to the severity of sexual assault cases, the Oregon Department of Justice classifies it as a Class A felony for first-degree, Class B for second-degree, and Class C for third-degree charges. A Class A felony in Oregon is punished by 100-300 months and a maximum of 20 years imprisonment, plus a fine maxed out at $350,000 upon conviction.

Although all forms of sexual assault are crimes, only a small percentage of them are reported to law enforcement. If you or a loved one has been the victim of any of the below crimes, please contact us today:

Rape Attempted rape Sexual harassment Incest Voyeurism Child molestation Sexual battery

What Makes Us Different

With over 70 years of collective legal and trial experience, our personal injury lawyers will answer your questions at no cost, help point you in the right direction, or if need be, represent you and your personal injury claim in court. A successful claim requires a lawyer who understands the intricacies of a personal injury case, ranging from thoroughly investigating the claim to understanding the state-by-state regulations for filing.

 

Finding a reputable personal injury law firm in Oregon with attorneys who are understanding, compassionate, and willing to fight on your behalf is essential. When choosing a Corvallis, Albany, or Portland law firm to handle your personal injury case, look for:

  • Experience you can trust
  • Specialty in personal injury litigation
  • Satisfied clients
  • Fair fee structure
  • Ethics
  • Responsiveness

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Commonly Asked Oregon Personal Injury Law Questions

Oregon’s modified comparative negligence rule applies in cases where both parties involved could be considered ‘partially at fault’ for the incident. If a victim shares some degree of fault as decided by the evidence and discovery, they may recieve a slightly lower portion of the compensation they feel they’re owed. This is usually only the case in the rare instances where a personal injury case goes to trial. 

The rule states (as laid out by Oregon Rev. Stat. section 31.600) that if someone is found to bear more than 50% of the legal blame for their injury, they can’t collect any compensation at all for their injury from other at-fault parties.

Strict liability is usually found in personal injury cases that involve product-related injuries. In this case, the victim does not need to establish negligence on the part of the company that made the product – instead, they will have to prove that this product was made in a way that is unreasonably dangerous when still used as intended. 

There are also intentional wrongs. In cases of personal injury, intentional wrongs are cases where one party is ruled to have harmed another intentionally, rather than as an act of negligence. 

For example, if a store owner fails to lay out wet floor signs after they’ve mopped, and someone in their store slips, that store owner would be labeled negligent. If someone hits someone else and injures them, the victim might be able to file a battery suit.

Oregon is considered a fault state. However, in regards to auto accidents, Oregon does require no-fault auto insurance. Because of this, no-fault insurance policies will pay out first, and then those funds can be recovered from the at-fault party later down the line.

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