5 Common Personal Injury Claims Filed in Oregon

5 Common Personal Injury Claims Filed in Oregon

Personal Injury

A personal injury claim is a type of civil lawsuit that alleges that an individual has been injured and seeks monetary or injunctive relief. Oregon law differentiates between three types of injuries: intentional, negligent, and strict liability. If a person has been injured in an intentional way, for example, by his/her own negligence, by the negligence of another, or by a failure to provide maintenance or safety devices, the injured party may bring a claim that substitutes for all three of the types of injuries. In addition, the injured person may bring a claim for medical expenses as compensation for pain, suffering, and mental anguish. This article will focus on resources that may be useful to an injured person who has been in an accident with another party or an injury attorney.

Oregon has two statutes relevant to injury claims: one provision that allows for reward and compensation to an injured person and a negligence statute that, in combination with the rules of evidence, allows the injured person to recover the damages from a liable party. The intentional tort statute compensates for pain, suffering, and mental anguish that result from intentional conduct by another individual or entity.

Vehicle Accidents:

Oregon has a statute that replaces all three types of injuries mentioned above in a vehicle accident. If another party was at fault for the accident, the injured party is eligible for damages as compensation for pain, suffering, and mental anguish. Also, Oregon does not have a statute that requires a person who is injured in an accident to make a formal demand for compensation before filing a suit against the liable party. In addition, if the injured in Oregon person has obtained any third-party benefits from an insurer in relation to an accident, those benefits typically may not be recovered through a civil claim against another liable party.

Defamation:

Oregon has a statute that allows an individual to bring a civil claim in a defamation action if he or she is the victim of defamation. A defamation action is based on written or spoken words. If the statement caused damage to the claimant’s reputation, the claimant might be entitled to monetary damages. It is important to note that in order for an individual to prove a claim of defamation, he/she must prove that the defendant acted intentionally, knowingly, or recklessly.

Dog Bites:

In an animal bite civil action, if an injured party has been bitten by a dog that has previously been declared dangerous, the injured party may be entitled to compensation under the “dangerous dog” statute. It is not necessary to prove that the dog was provoked. The statute provides a licensed dog owner with the right to have his/her pet declared a dangerous animal and imposes liability on any person who knowingly permits their pet to be in violation of this statute. It is important to note that a dog bite claim is limited to serious physical injury.

Premises (Or Property) Liability:

Personal Injury Claims Process in Florida

In action for personal injuries or property damage caused by a dangerous condition on premises owned by another party, the injured person may be entitled to bring a civil claim against the liable party. In the event that the injured person has been injured on the property of another and he/she is entitled to seek monetary compensation from a liable party, it is important to file suit promptly in order for the statute of limitations to be considered as a defense. The statute of limitations to file a claim for damage to premises is six years. In addition, it is important to note that damage to the plaintiff’s personal property that is not on the premises must be compensated by the owner of the property.

Product Liability:

Product liability compensation may be available in the event that an injured person has been injured as a result of a defective product. A defective product may have been sold to the injured person by a retailer, wholesaler, or manufacturer. The statute provides an injured party with the right to seek damages from a liable party who is responsible for the defective product and any injuries that resulted from it and also provides a limitation period of six years in which to bring suit. In addition, the claimant may be required to prove that the product was manufactured or designed in an unreasonably dangerous way.

The injured party may also have the right to bring suit for an injury sustained by a defective product if it caused damage to property owned by someone other than himself/herself. In order to secure compensation in this situation, however, the damaged property must not be able to be covered by insurance.

Conclusion:

It is important to note that Oregon has a statute that requires a claimant in an injury claim to commence his/her action for personal injury within two years from the date of the injury. If the injured party does not file suit within two years, he/she will be barred from commencing a lawsuit and will have no recourse.