Looking for a reputable Oregon personal injury lawyer? Contact our firm today.
With so much natural beauty in Oregon, it’s easy to become distracted and end up in a car accident. If you’ve been hurt in a car wreck or any other type of accident, let our Oregon attorneys guide you on the path to compensation.
RP Legal Group serves clients in Portland, Salem, Bend, Eugene, Medford, and other cities throughout OR. Call us at (888) 340-7454 for your 100% free consultation with an Oregon personal injury lawyer.
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What To Know About Filing a Personal Injury Lawsuit in Oregon
You want compensation for your Oregon accident but aren’t sure where to start. To help guide you, we provide information about the state’s negligence rules, damages caps, and filing deadlines below.
How Long Do You Have To File a Claim in Oregon?
In Oregon, you generally have two years from the date of an accident or injury to make a claim (Chapter 12, § 12.110). This deadline applies to cases such as auto accidents, dog bites, assault, medical malpractice, and product liability.
Deadlines vary for certain other types of cases. They are as follows:
- Injury to real or personal property: Six years
- Wrongful death: Three years
- Defamation: One year
The deadline is much shorter if you believe the State of Oregon is responsible for your accident. In this case, you have only 180 days to file a notice of claim with the liable government agency.
It is possible to extend the deadline in some cases. For example, assume you didn’t immediately discover an injury after an accident. The statute of limitations begins when you either discover the injury or should have reasonably discovered it.
Oregon Personal Injury Damages Caps
Oregon doesn’t limit damages in the majority of personal injury cases, but there are a couple of exceptions. For wrongful death cases, non-economic damages are capped at $500,000.
Damages caps for claims against the government are as follows:
- Claims against the state: $2,490,600 for a single claimant, $4,981,300 for multiple claimants
- Claims against a local municipality: $830,300 for a single claimant, $1,660,400 for multiple claimants
- Claims involving property damage: $136,200 for a single claimant, $680,900 for multiple claimants
Negligence Rules in Oregon
Oregon uses a modified comparative negligence rule to determine whether you can recover damages. You may only seek compensation if you are less than 50% at fault. You cannot recover any damages if you’re more than 50% responsible for your injuries.
An attorney who is a member of the Oregon State Bar can help minimize your degree of fault. Call RP Legal Group to learn more.
How To File Your Lawsuit
To start your lawsuit, you’ll need to file a complaint in the circuit court for the county where either:
- The accident happened
- The defendant lives or does business
Oregon has 27 circuit courts serving the state’s 36 counties. You can find the court for your county here.
The filing fee for civil actions is $281. For small claims, the fee is $57 for claims below $2,500 and $102 for claims above $2,500 but less than $10,000. Along with the fee, you must submit a complaint that includes:
- The names of everyone involved in your claim
- Your injuries
- How the injuries happened
- Why you think the defendant is liable
- Your desired relief (typically monetary compensation)
For a free legal consultation with a Personal Injury lawyer serving Oregon, call 888-340-7454
What Types of Cases Does RP Legal Group Handle?
Our attorneys can assist with any type of personal injury case in Oregon, no matter how complicated or unusual. Your Oregon personal injury lawyer can help with:
- Auto accidents (distracted driving, driving while intoxicated, reckless driving, etc.)
- Rideshare accidents
- Slip-and-fall accidents
- Construction accidents
- Animal attacks
- Medical malpractice
- Wrongful death
Learn more about our legal team, then call us to discuss your case now.
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Why Choose RP Legal Group?
Here’s why RP Legal Group should be your top choice for representation in Oregon:
- We know accidents don’t always happen at a convenient time. That’s why we’re here to help you 24/7, including holidays, nights, and weekends.
- We’re highly experienced in seeking fair compensation for clients’ injuries. Our attorneys will fight aggressively for a remedy that covers your damages.
- We’ll handle all interactions with the insurance company so you can rest and focus on recovering.
- You owe us nothing unless we win your case.
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Contact an Oregon Personal Injury Accident Lawyer
If you want fair compensation for your injuries, you can’t afford to go without reliable legal representation. Call RP Legal Group at (888) 340-7454 for a free consultation with an OR personal injury lawyer now.
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Frequently Asked Questions
Below, we’ve answered some common questions about personal injury in Oregon.
Does Comparative Negligence Apply to Insurance Claims in Oregon?
Technically, Oregon insurance companies aren’t obligated to follow the state’s comparative negligence rule. However, many do follow the rule regardless. This is because there’s a chance your case might wind up in court.
What Happens When the Defendant Flees Oregon?
If the defendant flees the state, the statute of limitations is paused until they return. This is also the case if you’re unable to locate the defendant.
How Is Pain and Suffering Calculated in Oregon?
Oregon attorneys can use either the multiplier method or the per diem method to calculate pain and suffering. For the multiplier method, an attorney calculates your monetary damages and multiplies the amount by 1.5 to five. The per diem method involves calculating the daily value of pain and suffering based on economic damages, the severity of your injuries, and the impact they have had on your life.
Do I Have To Use Small Claims in Oregon?
Oregon requires you to use small claims if your claim is less than $750. There is an exception if the law you’re suing under allows for awarding lawyer’s fees. Contact an Oregon personal injury lawyer to learn which court to file your claim with.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454