Negligent Infliction of Emotional Distress in Oregon

In December, 2016, the Oregon Supreme Court recognized the tort of negligent infliction of emotional distress without a physical impact. Philibert v. Kluser, 360 OR 698 (2016). This was a change. Since 1986, Oregon law has been clear that Oregon follows the “impact” test, that required a physical impact in order to recover for emotional [...]

By |2017-05-13T23:56:22+00:00February 13th, 2017|Auto Accident Injuries, General, Injury Attorney, Personal Injury Law, Personal Injury Protection|Comments Off on Negligent Infliction of Emotional Distress in Oregon

Wrongful death actions in Oregon

In Oregon, wrongful death actions are governed by statute. The people that may bring a wrongful death action include spouses, children and parents of the deceased. The action is brought by the personal representative of the decedent for the benefit of such person or persons. Also included are step children and step parents, and person(s) [...]

By |2017-05-14T00:05:05+00:00November 29th, 2016|General, Lawsuit, Personal Injury Law, Personal Injury Protection, Wrongful Death|Comments Off on Wrongful death actions in Oregon

Settling the personal injury claim

There are primarily four ways for settling the personal injury claim. First is by negotiation. Typically most personal injury attorneys will begin by sending a demand letter to the insurance carrier if known, or to the person or business that caused the injury. The demand letter will state what the client claimant wants to settle [...]

By |2017-05-14T00:26:23+00:00September 16th, 2016|General, Personal Injury Law|Comments Off on Settling the personal injury claim

Pain and suffering damage cap unconstitutional

The Oregon Court of Appeals issued an opinion holding that the pain and suffering damage cap (noneconomic damage cap) violated the Oregon Constitution. In the opinion Vasquez v. Double Press Mfg., issued May 4, 2016, the court of appeals held that ORS 31.710 (1), which places a cap of $500,000.00 on most non-economic damages in [...]

By |2017-05-14T00:25:33+00:00May 17th, 2016|Damage Cap, General, Injury Attorney, Noneconomic Damages, Pain And Suffering, Personal Injury Law|Comments Off on Pain and suffering damage cap unconstitutional

Snapchat speed filter gives rise to lawsuits

Snapchat, a popular social networking platform, has a feature, or filter that allows the user to post the speed he or she is travelling at laid over a photograph. The problem is that some people then want to post pictures of them driving at excessive speeds. Snapchat has been sued by a woman named Wentworth [...]

By |2017-05-14T00:32:45+00:00May 4th, 2016|Auto Accident Injuries, General, Injury Attorney, Personal Injury Law, Personal Injury Protection, Snap Chat|Comments Off on Snapchat speed filter gives rise to lawsuits

Host liability under Oregon dram shop law

The Oregon Supreme Court recently decided the case of Decard v. Bunch. In the September, 2015 opinion, the Court further explained the impact of Oregon’s dram shop statute on host liability for an intoxicated guest that ends up causing injuries in a foreseeable manner. Oregon’s dram shop statute, which is a liquor liability statute, is [...]

NHL Brain Injury Lawsuit Proceeds

There is currently a multi-district class action lawsuit against the NHL over NHL player brain injuries that is being allowed to proceed. See the order. In the multi-district lawsuit an amended complaint was filed on January 15, 2016. The amended complaint alleges that the NHL should have been aware of the growing body of scientific [...]

By |2017-05-14T00:49:36+00:00March 24th, 2016|Personal Injury Law|0 Comments

Uninsured motorist coverage claims

In Oregon, a every motor vehicle bodily injury liability policy must contain uninsured motorist coverage in an amount of at least $25,000. The amount must be the same as the limit for bodily injury liability, unless the insured elects lower limits, but the amount must at least be the minimum required.  The coverage is actually [...]

What is “discovery” in a personal injury lawsuit?

In the American court system, once a lawsuit is filed, both sides are entitled to conduct discovery in order to find out facts that are related to the case. There are rules (called the rules of civil procedure) which govern discovery. The word “discovery” itself refers broadly to the procedures for requesting and ultimately requiring [...]