Portland Personal Injury Lawyers

If you've suffered serious injuries, you should strongly consider working with a lawyer to make sure that your interests are fully protected. In the meantime, here's a brief look at some of the key legal principles that can shape personal injury lawsuits.

Most personal injury cases involve claims of negligence. Oregon courts describe this theory in a somewhat distinctive way. In general, as the Oregon Supreme Court recently explained, an injured person must show that the defendant's conduct created a foreseeable and unreasonable risk of "legally cognizable" harm to the injured person, and the conduct caused that kind of harm. (The standard may be more nuanced if there's a certain status, relationship, or specific standard of conduct that imposes a duty on the defendant or defines or limits the duty.)

Sometimes an injured person also might have a claim against a business. This might involve the concept of "vicarious liability," which holds an employer responsible for the careless actions of its employees in the scope of their employment. It doesn't matter whether the employer acted carefully. In some situations, an injured person might sue a business under a theory of direct liability. For example, perhaps it didn't take proper steps in hiring or training its employees, and this caused the injuries.

Certain types of situations may give rise to a claim under a theory of "strict liability." This can make it easier for an injured person to recover damages because they don't need to show that the defendant was negligent. One of the most common examples of this theory involves defective products. Under Oregon law, a manufacturer or seller is generally strictly liable for injuries caused by a product that was defective and unreasonably dangerous when it was sold.

Another group of personal injury cases is known as "intentional torts." These involve situations in which the defendant meant to cause harm, rather than simply being careless. A prosecutor might bring charges against the defendant based on the same incident. However, you don't need to rely on the prosecutor getting a conviction. The burden of proof is much higher in a criminal case than a civil lawsuit. You still might be able to hold the defendant liable for damages if they are not convicted of a crime.

If you're considering pursuing compensation for your injuries, you'll need to keep a crucial deadline in mind. This is called the statute of limitations. If you don't bring your lawsuit within the statute of limitations, a judge probably will dismiss it if the defendant asks. The statute of limitations can have harsh consequences because it can prevent an injured person from getting any compensation even when a defendant was clearly at fault.

The standard Oregon personal injury statute of limitations is two years, but there are nuances in certain situations. For example, you have two years to file a medical malpractice claim after the date when the injury was or should have been discovered, but generally no more than five years after the date of the malpractice. An injured person similarly must bring a product liability case within two years after they discover or reasonably should discover the injury and the fact that it resulted from the product, but generally no more than 10 years after the product was first purchased. A wrongful death lawsuit after a fatal accident must be brought within three years.

Sometimes both the injured person and the defendant share fault for an accident. When this happens, Oregon applies a rule called modified comparative negligence. This allows the injured person to still recover some damages unless they were 51 percent or more at fault. The amount of damages would be reduced in proportion to their fault. For example, if you were 30 percent at fault for a car crash, you could recover up to 70 percent of your damages.

Many states have damages caps, which limit the compensation available to an injured person. Oregon used to have a law that capped non-economic damages like pain and suffering. However, the Oregon Supreme Court ruled that this law violated the state constitution, and the legislature removed the cap for ordinary personal injury cases. (The revised statute still imposes a cap on non-economic damages in wrongful death cases.) There's also no strict cap on punitive damages, which may be awarded when a defendant's conduct was especially egregious. However, the judge will take a look at a punitive damages award to make sure that it's reasonable.

If you're suing the government for your injuries under the Oregon Tort Claims Act, there's a cap on the total damages that you'll be able to recover. The size of the cap depends on whether you're suing the state or a local government entity like the City of Portland. Before you sue the government, you'll usually need to file a notice of claim within 180 days after the injury. There's a one-year deadline in wrongful death cases. The notice of claim provides information such as when and where the accident occurred and how it happened.

A personal injury claim or lawsuit isn't an easy or straightforward undertaking. Even if you feel certain that the defendant was at fault for your injuries, there's no guarantee that a judge or jury will see it the same way. However, the defendant doesn't have any certainty about the outcome either. This can encourage both sides to reach a settlement rather than leaving it up to a trial. In a settlement, the defendant or their insurer pays a certain amount of money to the injured person, who then agrees to stop pursuing legal action.

Many injured people find settlements attractive for other reasons as well. It allows them to wrap up the case more efficiently and move on emotionally from what may have been a traumatic event. If they're out of work and struggling with bills, they may welcome the chance to get compensation sooner. It's best to think carefully before agreeing to a settlement, though. Insurers often try to settle claims for pennies on the dollar to protect their own interests. You shouldn't rush into a settlement if it doesn't meet your needs.

Cases involving serious injuries may have long-term or permanent effects on the victim's life. They may want to wait until their condition and its prognosis are fully understood before agreeing to a settlement. Once you release your claims, you usually can't ask that defendant for more compensation later if you didn't realize that you needed it at the time.

Personal injury cases that are contested or that involve substantial amounts of damages usually benefit from the input of a lawyer. You can expect that the defendant or insurer will have legal counsel fighting to avoid or minimize liability. It's only logical to get an attorney of your own to counterbalance that.

Your attorney also can help take the burden off your shoulders as you recover. For example, they can collect the evidence that you'll need to show that the defendant was responsible for your harm and illuminate the damages that you incurred. Evidence in these cases can take many forms, ranging from photos of the scene and witness accounts to medical records and bills and expert testimony explaining the effect of the injury on various areas of your life.

If you get a settlement offer from the other side, your attorney can help you assess its strengths and weaknesses. They can advise you on whether it's reasonable under the circumstances, but they can't accept a settlement without your permission. If you decide to go to trial, your attorney can handle the complexities of this process more smoothly than you could. They'll know how to navigate jury selection, build persuasive arguments, and cross-examine witnesses. Meanwhile, you can focus on recovering physically and emotionally.

A broad range of personal injury attorneys serve people in Portland and its surroundings. Sorting through all the options can be daunting, but websites like the Justia Lawyer Directory can help streamline your search by allowing you to efficiently compare attorneys.

The type of case that you're bringing should shape your search. Personal injury law contains many areas with distinctive nuances. If you suspect that a doctor failed to promptly diagnose you, you should work with a medical malpractice lawyer. If your child got hurt at a swimming pool, you'll probably want to focus on attorneys who have brought premises liability claims and potentially attorneys who have handled child injury cases.

You should explore the website of a lawyer or law firm that you're considering. Their settlements and verdicts can give you a sense of their track record. However, numbers aren't the only factor. You'll want to check out client reviews to see what other injured people thought about the lawyer's personality and approach. Some attorneys may have strong peer reviews as well, showing that they're well-respected in the legal community.

An attorney should meet high standards of ethics and integrity. You should see whether an attorney whom you're considering has a history of violating the rules of the Oregon State Bar. A single small incident might just be one factor of many to keep in mind, but a string of issues should be a red flag. Your claim is important, and you don't want your attorney's behavior to put it at risk unnecessarily.

Put together a shortlist of lawyers who interest you and set up a consultation with each of them. Personal injury lawyers usually provide these initial meetings for free. While the lawyer assesses whether they want to take your case, you can think about whether the lawyer seems knowledgeable and whether you feel comfortable with them. You deserve an advocate who treats you with respect and careful attention.

Probably the best-known type of personal injury case involves a motor vehicle collision, such as a car accident, a truck or motorcycle crash, or collisions involving bicycles, scooters, or pedestrians. However, these claims arise in many other situations as well, including:

• Medical malpractice by a doctor or another healthcare provider
• Slip and falls or trip and falls when a property owner or manager doesn't keep their premises in an adequately safe condition
• Injuries caused by products that have manufacturing or design defects, or inadequate warnings about safety risks
• Abuse or negligence in nursing homes or other licensed care facilities
• Dog bites and other injuries caused by animals
• Violent crimes like assault and sexual assault

If you got hurt while you were on the job, you probably can get benefits through the Oregon workers' compensation system. The state makes these benefits available regardless of fault, but the downside is that you can't sue your employer for additional damages. This can make a big difference because workers' comp doesn't fully reimburse an injured person for their lost income, and it doesn't account for non-economic damages like pain and suffering. However, the workers' comp system doesn't prevent you from suing a third party that caused your injuries. This could allow you to get a broader range of compensation. An attorney can help investigate your case and identify any third party that may have been at fault.

A study of Oregon motor vehicle collision cases by Jury Verdict Research found that injured people received compensation in 75 percent of the cases in the study. The average amount awarded was over $36,000, although this might be a little skewed by a small number of very high verdicts.

Here are some notable personal injury awards in Oregon from recent years:

• $4 million for a patient who suffered from intracranial bleeding that caused permanent neurologic deficits after his healthcare providers failed to diagnose a hematoma
• $1 million for a bicyclist struck by a bus on Highway 99, causing numerous injuries and a long hospital stay
• $285,000 after a side-impact crash at a Portland intersection that allegedly resulted from another driver running a stop sign and caused chest, shoulder, and neck injuries
• $213,000 when cervical chiropractic adjustments caused a stroke and permanent brain damage
• $177,000 after a rear-end collision at a Portland intersection that allegedly resulted from tailgating and excessive speeding and caused spinal, rib, and other injuries
• $101,000 from a Multnomah County jury after a sideswipe crash that was allegedly caused by a negligent lane change and resulted in various back injuries

You can ask your lawyer for some general thoughts on the potential value of your case. Each person's situation is unique, so you shouldn't necessarily expect to get the same amount as a case in the news that sounds like yours.

The Oregon Department of Transportation tracks statistics on car accidents throughout the state. In 2022, the most recent year for which data are available, it reported 6,500 motor vehicle crashes in Portland. These included 62 fatal accidents and 3,539 crashes that caused non-fatal injuries, as well as 2,899 crashes that only caused property damage. In Multnomah County more generally, there were 8,087 crashes in 2022. These included 87 fatal crashes and 4,470 crashes that caused non-fatal injuries, as well as 3,530 crashes that only caused property damage.

Meanwhile, Vision Zero Portland released a report on deadly crashes in the city in 2024. This revealed that 58 people were killed in Portland crashes that year, including 23 people in motor vehicles, 10 motorcycle riders, three bicyclists, and 22 pedestrians. Nearly half of these deaths involved speeding, and over 80 percent occurred in nighttime conditions.

The Vision Zero program has identified the 30 intersections in Portland that had the highest numbers of reported collisions from 2018 through 2022. Some of these include:

• SE Division Street and SE 122nd Avenue
• SE Stark Street and SE 122nd Avenue
• NE Halsey Street and NE 122nd Avenue
• SE Powell Boulevard and SE 82nd Avenue
• SE Powell Boulevard and SE 148th Avenue
• SE Powell Boulevard and I-84 Freeway Ramp
• NE Glisan Street and NE 102nd Avenue
• SE Stark Street and SE 148th Avenue
• NE Glisan Street and NE 122nd Avenue
• SE Division Street and SE 112th Avenue

When you're approaching an intersection in Portland, it's important to stay alert to your surroundings so that you can respond promptly to any hazards that arise. You should make sure to keep an eye out for pedestrians and vehicles with smaller profiles like bicycles and motorcycles, which fit more easily into blind spots.

After a car accident in Portland, you may want to get any police report that an officer filed about the crash. You can do this by contacting the Portland Police Records Division in the Justice Center at 1111 SW 2nd Avenue, available by phone at 503-823-0043. You'll need to pay a fee to get the report. It can help you support a claim with an insurer or an eventual lawsuit.

If you think that you received inappropriate or substandard care from a healthcare provider, you can file a complaint with the Oregon Medical Board. All complaints must be submitted in writing. Meanwhile, if you think that a resident of a licensed nursing facility has suffered from neglect or abuse, you can contact the Oregon Department of Human Services Nursing Facility Complaint Unit. Be aware that reporting a doctor or nursing home isn't a substitute for filing a lawsuit. You won't get compensation for your injuries through these complaints.

People who have experienced a violent crime in the Portland area may want to consult the Victims Assistance Program in the Multnomah County District Attorney's Office. In addition, the Crime Victims' Compensation Program of the Oregon Department of Justice may provide reimbursement for certain costs related to a violent crime, such as medical and hospital bills, lost earnings, and rehabilitation costs. A non-government organization called Lutheran Community Services Northwest also provides a crime victim service center that offers advocacy, referrals, and information to people throughout Multnomah County.

If you got injured on the job, you may want to consult the resources provided by the Oregon Workers' Compensation Division. These help explain key parts of the process, such as reporting an injury to your employer, filing a claim for benefits, and returning to work after an injury.

1. How much will it cost to hire a personal injury lawyer?

   The fee for a personal injury lawyer depends on how much (if any) compensation they get for the client. Attorneys handle these cases for contingency fees. This means that their fee is a percentage of the settlement or verdict in the case, most often 25 to 40 percent. You won't need to pay an attorney for their work if they don't get compensation for you.

2. Is Oregon a no-fault state for car accident cases?

   No, Oregon is not one of the no-fault states. This can be a little confusing because the state requires you to get at least $15,000 in personal injury protection (PIP) coverage. However, there are no restrictions on suing a driver who was at fault, as there are in no-fault states.

3. Can I sue the bar that served a drunk driver who hit me?

   In narrow circumstances, you might be able to sue the bar that served a drunk driver. You would need to show that the bar served the driver while they were visibly intoxicated. The "dram shop law" also requires giving notice to the bar within 180 days, or within one year after a fatal crash. You must prove this type of case by clear and convincing evidence, which is higher than the usual "preponderance of the evidence" standard in most personal injury cases. Another law provides certain situations in which a bar may be liable for serving an underage person who then causes a drunk driving accident.

4. Who can file a wrongful death lawsuit in Oregon?

   The personal representative of the deceased person's estate must file a wrongful death lawsuit. They generally have three years after the death to bring the case, which is longer than the ordinary personal injury statute of limitations in Oregon.

5. Will I need to go to court for my personal injury case?

   You likely won't need to go to court, since most personal injury cases end in a settlement agreement between the injured person and the defendant or their insurer. If you don't get a reasonable offer from the other side, though, you may end up in court. It's smart to prepare your case as though you'll need to prove it to a judge or jury, which is one reason why it's helpful to get a lawyer on your side.