Oregon Personal Injury Lawyers Attorneys
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Oregon Personal Injury Lawyers Attorneys

Welcome to the Oregon Personal Injury Lawyers Attorneys Blog

Welcome to the Oregon Personal Injury Lawyers Attorneys Blog. The fundamental purpose of this blog is to empower Oregonian Personal Injury Legal Service consumers via education and knowledge.  Dealing with injury is difficult.  There are always added social and financial stresses that make dealing with an injury hard.  One way to alleviate those pressures is to understand the Oregon Personal Injury laws and to have a good feel for the process.  I wish you a quick and speedy recovery and hope this blog helps you through the journey.  Sincerely, Joe Durkee  

Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Retaining an Oregon Personal Injury Attorney

The process of retaining a qualified, ethical, experienced Oregon Personal Injury Attorney/Lawyer can be intimidating.  The most important thing to keep in mind when you consult with an Oregon Personal Injury Attorney/Lawyer is that your are establishing an important long term relationship.  As such it is not only important, but critical, that you resonate with your attorney.   That does not mean you have to like the attorney (although always a bonus), rather, the attorney needs to fulfill your personal/professional relationship hierarchy needs.  For some people, likability is the most important factor in establishing a relationship, others may value experience or even the "pit bull" mentality.  Everyone is different and you simply need to be in touch with your own personal/professional relationship needs.  The bottom line is that Oregon Personal Injury cases take a long time to process so you need to have a good relationship with your attorney.   Having confidence in your Oregon Personal Injury Attorney Lawyer is also vital.  Ask about their jury trial experience.  Many attorneys say they are trial lawyers and/or are members of the Oregon Trial Lawyers Association.  Your job is to find out the number of jury trials those attorneys have had and the results of those jury trials.  Bench trials and arbitrations don't count!  Finally, if the attorney that you are interviewing has a "general practice," RUN!  You should retain an attorney that only practices Oregon Personal Injury Law. 


Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Attorney Lawyer Joe Durkee By Joe Durkee

Oregon Personal Injury law presents unique social, financial and legal opportunities and challenges.  I have been involved with Oregon Personal Injury law in one way or another for over 12 years.  The most interesting factor in all Oregon Personal Injury cases is the human element.  As a prior insurance defense attorney, and now a plaintiff's attorney, I am always surprised by the varied human dynamic in every case.  Each case is like a dramatic play with a colorful starring and supporting cast.  For example, as stars cast members, some Oregon Personal Injury plaintiffs are understated, gracious and hard working.  Their character traits are palatable and usually endearing.  Some Oregon Personal Injury plaintiffs are lazy, never satisfied and feel that the world owes them.  Their character traits are less than desirable and no one wants to see them on stage.  The human dynamic in Oregon Personal Injury cases finds greater complexity when the cast expands with the addition of each side's attorneys, accident engineers, medical providers, judges etc...  As such, my philosophy concerning client retention is primarily relationship driven.  If a potential client resonates with me and I feel that I resonate with them I will usually take them on.  If I don't feel a mutual resonance then I give them multiple referral resources and wish them the best. 

In Oregon and Nationally, some Personal Injury Attorneys Lawyers behavior has relegated the personal injury profession reputation to that of a bunch of frivolous litigation driven ambulance chasers.  The American public has a right to resent the behavior (I do) of the personal injury "bad apples" who file countless numbers of frivolous lawsuits each year and waste judicial time and economy.  I do not believe in wasting my own time, the courts time, potential jurors time or tax dollars by filing frivolous lawsuits.

If you have been injured through no fault of your own and are hard working and honest, feel free to give me a call to discuss your case.  If you are not hard working, dishonest and have an entitlement complex, I am not the attorney for your.  Either way, I wish you the very best in this difficult time. 


 
Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Trials - Why no mention of Insurance?

Not everyone has been a juror in an Oregon Personal Injury trial (I haven't).  However, if you have been a juror in an Oregon Personal Injury trial, you most certainly noticed that no one ever mentions "Insurance."  Not the judge, the attorneys or the witnesses.  The reason is because the word "insurance" is not allowed in Oregon Personal Injury trials.  Evidence concerning potential sources of payment like insurance, household income, stock holdings etc... are usually seen as irrelevant and therefore the word "insurance" is excluded.   Needless to say, 99.99% of the time the defendant (the person being sued) DOES have insurance, and in the event a jury finds for the plaintiff (the injured person), insurance proceeds pay the verdict and no money comes out of the Defendant's pocket. 


Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury - Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS ABOUT OREGON PERSONAL INJURY LAW AND OREGON PERSONAL INJURY LAWYERS / ATTORNEYS Q: What should I do if I have sustained a personal injury in Oregon? A: First, arm yourself with knowledge about Oregon personal injury law. Pick up the telephone and call me for a free personal injury consultation. Second, your main job is to get better. Working hard to return to health gives your personal injury claim credibility. Q: How do I pay the personal injury medical bills resulting from the car collision? A: I will discuss the payment of your personal injury medical bills in detail with you. One of the following methods for payment may be available: Personal Injury Protection (PIP) insurance coverage from your own Oregon automobile policy if you were in your automobile, on a bike or a pedestrian and involved in an automobile collision. Workers' compensation insurance if your Oregon personal injury occurred while you were working on the job and the personal injury occurred as a result of your employment. Your own health insurance. Your own personal funds if you were not insured and are able to pay medical bills as they are incurred. The liability insurance coverage for the person who caused your personal injuries. Such liability insurance coverage will most likely be paid at the time of settlement rather than during the period you incur the bills. Q: How will my lawyer be paid for my personal injury claim? What is a personal injury contingent fee agreement? A: In almost all personal injury cases, I am paid a percentage of the final settlement or judgment resulting from your Oregon personal injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires a written contract, which specifies the fee so there will be no misunderstanding about how much your case will cost. The agreement will provide that I will work diligently on your Oregon personal injury case in exchange for the percentage in the agreement. If there is no recovery, you owe no attorney fees. Q: What other costs will there be in addition to the attorney fees for my Oregon personal injury case? A: The fee is based on my work, time, effort and expertise. In addition, I may advance costs specific to your Oregon personal injury case. I will make decisions necessary to obtain the reports, opinions or records needed to present your case. I may or may not ask you to reimburse me for costs until the case is over. In most small personal injury cases, these costs are not very much. Examples of these advanced costs include: Fees that doctors and hospitals charge for medical reports. Costs of photographs. Photograph and other visual documentation (such as videotape) are extremely important in personal injury cases. If your attorney incurs expenses in having visual materials obtained or prepared, you may be responsible for such costs. Reports of experts. Reports from experts other than physicians may be required in your case and, if so, you will have to pay the cost that such experts charge for their reports. Litigation costs. If your case has to proceed to suit or litigation, there will be costs incurred as a result of the filing of such a lawsuit. Q: How much is my Oregon Personal Injury case worth? A: It is impossible to predict the value of a personal injury case until all of the information has been collected and you are medically stationary. Many factors determine the value of a case: The amount of your medical bills. How the medical bills were incurred and whether they are from diagnostic tests, treatments, physical therapy, hospital stays, prescriptions, over the counter medication, chiropractic care, or other care or treatment. How much income and other employment benefits were lost as a result of your injury. This includes lost pay, sick leave used, vacation time used, loss of insurance benefits and other documented losses resulting from your injury. The extent of the injury and how it has affected your daily life. For example: limitations of household activities, sports, leisure activities and social life. Whether or not any aspect of your personal injuries is permanent. Including permanent disfigurement such as scars or blemishes. Whether any of your personal injuries required hospitalization. The extent of liability on the part of the potential defendant. Whether there is any evidence that you were partly at fault in causing your injuries. How the law applies to your case. The quality of your witnesses, including those who will testify about the incident, your personal injuries and your medical treatment. Pain, suffering, inconvenience and the impact on married life. The particular insurance company involved. Q: What does Statute of Limitations mean in the Oregon personal injury law context? A: Every Oregon personal injury claim has what is called a statute of limitations which means that failure to bring a claim within the period of time effectively bans the injured person from ever making a claim. The statute of limitations for Oregon personal injury cases is generally two years from the date of the accident, however, there are things that can shorten or lengthen the statute of limitations depending on the case. Don't delay in taking action on your case as the Oregon personal injury statute of limitations may bar you from making a claim. Contact Joe Durkee today at 971.998.6790 for a free Oregon personal injury consultation. Q: What do I offer that others Oregon Personal Injury Attorneys / Lawyers do not? A: I DO NOT WASTE MY OREGON PERSONAL INJURY CLIENTS TIME OR MONEY. I DO ALL THAT IS IN MY POWER TO OPTIMIZE ON PERSONAL INJURY CLAIMS! I have solid trial experience as a prior Oregon personal injury defense attorney and fully understand the economics (both financial and emotional) involved in Oregon personal injury cases. The experience I have allows me to pursue cases with a holistic understanding of your needs. Most personal injury attorneys and lawyers do not have my civil trial experience but say that they do. Q: Who Should Seek Help from an Oregon Personal Injury Attorney / Lawyer? A: Anyone that has been injured in a collision in Oregon, through no fault of their own. Q: Why Should You Contact an Oregon Personal Injury Attorney / Lawyer? A: Injury victims need an edge wherever it exists, and the first place to gain that edge is by finding a lawyer / attorney who knows the unique Oregon personal injury laws. Joe Durkee is that lawyer. Q: When Should An Injury Victim Seek Help? A: It's very important to contact a lawyer as soon as possible. The earlier I hear the details of your claim, the more likely I am to win your case. It's too easy to forget important details, so why risk waiting. Witnesses, victims, medical care providers, and police may not have a clear memory of your collision circumstances weeks or months after. Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Law - The Intangibles of Settlement

INTANGIBLES OF SETTLEMENTS There are many intangibles that go into evaluating an Oregon Personal Injury case. Probably the biggest, most important intangible is the personal injury plaintiff – who is she, what does she look like, how does she come across. Oregon Personal Injury Case verdicts vary by county. A case filed in Multnomah County typically has a higher settlement value than one filed in Washington or Clackamas County. Some of the smaller counties do not much like people from Portland. These are all things that need to be taken into account with deciding what a case is worth. Psychological studies have shown that people like people who are similar to them. So if the Oregon Personal Injury case is in a rural, blue collar community, the jury will like a personal injury plaintiff who is blue collar more than one who is a professional. Of course this is all theory and there are always exceptions to every rule. There are so many intangibles that go into determining the settlement value of an Oregon Personal Injury case that it is impossible to discuss them all here. What is important to remember is that an evaluation does not stop at the injury, length of treatment and amount of property damage. We need to look at, among other things, the people involved, the nature of the car, motorcycle or bike collision and where the case is (or will be) filed. Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Law- 5 things You should Know If You Are Injured Through No Fault Of Your Own

FIVE THINGS YOU SHOULD KNOW IF YOU ARE INJURED THROUGH NO FAULT OF YOUR OWN (OREGON):

1. If you are injured because of someone else's negligence, you may be entitled to compensation for your damages, including auto repair, car rental, personal property damage, medical expenses, lost wages, physical impairment and your pain and suffering;
2. If death or serious injury results, see me immediately;
3. Oregon law requires that every automobile policy pay up to $15,000.00 (for a period of up to one year) for medical costs, including, but not limited to, chiropractic, physical therapy and massage providing the treatment is reasonable, necessary and a result of the collision;
4. If you are injured by an uninsured driver, you have certain protection and benefits under your own policy;
5. Your rights to compensation will disappear if your claim is not brought within strict time limits. Consult an Oregon personal injury lawyer/attorney immediately.
Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Claims - Lawsuits

OREGON PERSONAL INJURY LAWSUITS AND TRIAL PROCESS The Complaint-The start of an Oregon Personal Injury lawsuit begins when the injured person (the "plaintiff") files a "complaint" at the appropriate courthouse within the statute of limitations. Service-After the Oregon personal injury lawsuit complaint is filed, "service" must be effected on the person who caused the injuries (the "defendant"). Service is usually effected by the county Sheriff's office or a process server. The purpose of service is to let the defendant know that a lawsuit has been filed against them and that they need to respond to the complaint with an "Answer." The Answer-The "Answer" is the defendant's response to the plaintiff's Oregon personal injury complaint. Sometimes other documents are filed before the defendant files an Answer. The Answer not only responds to the plaintiff's complaint but can also contain "affirmative defenses," "cross-claims," "counterclaims" and other legally significant elements. Discovery-After the Complaint and Answer have been filed in an Oregon personal injury lawsuit, the discovery process begins. Discovery is the exchange of information between the plaintiff and defendant and can be in the form of depositions (sworn testimony), written requests for admissions or written requests of production of documents, to name a few. Arbitration-Many Oregon personal injury cases are arbitrated. Arbitration is the process where the plaintiff and defendant present their cases to a neutral third party fact finder (the "arbitrator"). After hearing the Oregon personal injury case, the arbitrator makes either a binding or a non-binding decision concerning liability and damages. Oregon personal injury arbitrations are usual less formal and ceremonious than Oregon personal injury trials, however, professionalism demands that both parties take the process seriously and participate in good faith. Mediation-Some Oregon personal injury cases are mediated. Mediation is the process where a neutral third party (the "mediator") attempts to help the plaintiff and defendant reach settlement through facilitated negotiation. Trial-Sometimes Oregon personal injury cases do not settle and go to trial. Trial is a formalized presentation of facts and law. The presentation is usually presented to a jury. Sometimes the parties agree to a "bench trial" wherein a judge acts as the fact finder and comes up with a verdict on her/his own. Oregon personal injury trials begin with the selection of a jury through what is called "voire dire." After a jury has been selected, the plaintiff and defendant give opening statements. The plaintiff then presents his "case in chief" followed by the defendants case in chief. The parties then give closing statements and the judge instructs the jury on their job. After the judge reads jury instructions to the jury, the jury is then sent into a jury room to decide the verdict. Appeal-Sometimes Oregon personal injury cases are appealed because one or both of the parties feel that either a procedural or legal error was made at trial. The appeal process takes a long time and cases often settle while on appeal. Settlement-Settlement can occur at any time before or throughout the lawsuit process. The decision to settle is entirely up to the parties. Many social, financial, legal and factual factors motivate parties to settle. Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Law - What is Negligence?

WHAT IS "NEGLIGENCE" IN AN OREGON PERSONAL INJURY CASE ANYWAY?

In order to support a claim for negligence in the absence of a “special relationship” between the plaintiff and the defendant in an Oregon Personal Injury cases, a personal Injury claimant must show that the defendant's actions created a reasonably foreseeable risk of harm, including personal injury, to the plaintiff. What is deemed “reasonably foreseeable” for the purposes of establishing liability is quite broad and may even extend to negligent maintenance by a prior vehicle owner.  Bailey v. Lewis Farm, Inc., in the Supreme Court of the State of Oregon (October 11, 2007).  Jerome Bailey was injured when the rear axle assembly broke loose from a passing semi-truck, causing the dual wheels and tires to come off and collide with his vehicle causing personal injury.  Bailey sued several parties, including May Trucking Company (May), who was the former owner of the truck, alleging that it was negligent in driving the truck for more than 500,000 miles without performing necessary maintenance on the rear axle. May moved to dismiss the complaint against it for failure to state a claim, arguing that it was not liable in negligence as a matter of law because it had sold the truck more than a year before the collision and exercised no control over it since that time. The trial court agreed and granted May’s motion to dismiss for failure to state a claim.  Bailey appealed.  The Oregon Court of Appeals met en banc (i.e. all ten judges heard the case) and split 5 to 5 on whether the plaintiff stated a valid negligence claim under Oregon law.  The effect of the split decision was that the trial court's decision was affirmed without producing a majority opinion to cite as authority in future cases. The Oregon Supreme Court allowed review to consider the issue.  Although the Court appeared to conclude that that it might be difficult for Bailey to actually prove that May was liable for his personal injuries given the known facts of this case, it nonetheless held that the allegations in Bailey’s complaint did state a claim for negligence; namely, that May failed to clean and repack the truck’s axle wheel bearings every 25,000 miles, and to perform a more detailed cleaning and inspection every 100,000 miles as recommended by the truck’s manufacturer. In fact, Bailey’s complaint alleged that May performed only one of the recommended 20 maintenance services to the axle bearings. Noting that if May had negligently maintained the axle when it owned it, and if that negligent maintenance was a substantial contributing cause of Bailey’s injury (as his complaint alleged), a reasonable jury could find the failure of the trailer’s axle, the loss of its wheels, and the resulting injuries to be foreseeable. In short, the Court held that the mere fact that May had not owned the trailer for more than a year prior to the collision did not necessarily excuse it, as a matter of law, from the consequences of its alleged prior negligence.

Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .

Oregon Personal Injury Claims - Comparative Fault

SHARING THE FAULT Comparative Fault Plaintiff is barred from recovery if more than 50% at fault. Defendant may not compare his or her fault to those immune from liability, those not subject to the court’s jurisdiction, or those barred by a statute of limitations. Joint and Several Liability: Defendants are severally, not jointly, liable for damages, unless: No later than one year after the judgment has become final, the court determines that all or part of any party’s share of the obligation is un collectible. In that event, the court reallocates the un collectible share among the other parties. A party’s share of the obligation cannot be increased if the claimant’s percentage of fault is equal to or greater than the percentage of fault of the party, or the party’s percentage is 25% or less. Blogs, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult a qualified Oregon Personal Injury Lawyer / Attorney like Joe Durkee for advice about any specific Oregon Personal Injury problem, concern or issue that you may have. Oregon Personal Injury lawyers / attorneys are governed by the Oregon Code of Professional Responsibility. This blog may be considered an advertisement for Oregon Personal Injury services under the Code of Professional Responsibility. Mr. Durkee is an Oregon Personal Injury lawyer / attorney and does not seek Oregon Personal Injury or other cases outside of the State of Oregon. Mr. Durkee provides Oregon Personal Injury assistance around the state of Oregon. This blog is brought to you by Oregon Personal Injury Attorney Joe Durkee. (971) 998.6790. 1207 SW Sixth Avenue, Portland, Oregon 97204. kjdurkee@yahoo.com. www.oregonpersonalinjurylawoffice.com .