A 69-year-old woman who was struck by a driver as she was walking in South Berkeley just before 6 pm on May 4 was left in critical condition.
The woman was reportedly hit by a car on Sacramento Street close to Oregon Street, according to the Berkeley Police Department. The Fatal Accident Investigation Team was called out because of the severity of the woman’s injuries. Police said the driver stayed at the scene and was cooperating with law enforcement.
In the above case, it sounds as if the injured woman has a strong case for a personal injury lawsuit. She may be entitled to compensation for her injuries, such as medical costs, lost earnings and pain, and suffering. But how do Oregon personal injury attorneys decide whether or not to take your case?
1. The Oregon attorney will review the circumstances that led to the crash. According to the laws of the state, a person only is financially liable for another person’s injuries if they are found legally at fault for causing said injuries. Oregon is a ‘fault’ state, meaning it has to be proven that the other driver was at fault for the crash. The at-fault driver’s insurance policy will pay up only to the amount of insurance coverage. Beyond this, the driver at fault will be personally liable.
2. The attorney will review the nature and extent of the injuries. It is possible in some cases the injuries sustained are not bad enough for you to make a major monetary claim for damages. The victim may feel certain that their injuries warrant a lawsuit, but this is not always so. The costs of gathering evidence could be greater than the possible compensation expected.
3. The personal injury attorney will look at the economic viability of pursuing the claim. Most personal injury attorneys in the state take a case on a contingency fee basis. This fact will compel the attorney to consider the economic possibilities of making enough recovery in the case. The attorney needs to consider how much time they will have to spend and what the out of pocket expenses are.
4. The statute of limitations in Oregon to pursue a personal injury claim is only two years from the date of the accident. If you wait until the last minute to file a claim, it is possible some personal injury attorneys in Oregon would decline the case.
If you or a loved one have been in a serious car accident, you could be left with head injuries, broken bones, internal injuries, and untold pain and suffering. Plus, you may have thousands of dollars in medical bills you cannot pay, lost earnings, and many out of pocket expenses. Who will pay? If it can be proven the other driver was negligent, you could have a successful personal injury lawsuit. Herron Law firm is experienced in holding negligent drivers responsible who injure others in car accidents. Please contact our law offices today for a Free Consultation. We can determine quickly if you have a strong personal injury claim.
5285 Meadows Road, Suite 204, Lake Oswego, Oregon