Car accidents can be terrifying, and the aftermath can be confusing, overwhelming, and frustrating. If you have been involved in a car accident in Oregon, you may be considering filing a lawsuit. In this article, we’ll discuss everything you need to know about Oregon car accident lawsuits.
Table of Contents
The Time Limit for Filing a Car Accident Lawsuit in Oregon
The statute of limitations for filing a personal injury lawsuit in Oregon is two years from the date of the accident. If you don’t file your lawsuit within this time frame, the court will dismiss your case, and you will never be able to collect any compensation for your injuries.
It’s important to note that the statute of limitations applies not only to lawsuits but also to filing insurance claims. If you’re going to file a lawsuit, you need to make sure that you file in a timely manner. In most cases, it’s best to contact an experienced personal injury attorney as soon as possible.
The Shared Fault Rule In Oregon
Oregon is a "modified comparative fault" state, which means that if you are found to be partly responsible for the accident, you will only be able to collect compensation if you were less than 51% at fault. If you were more than 51% to blame for the accident, you won’t be able to receive any compensation from the other driver.
For example, if you were driving and someone ran a red light and hit you, but you were also speeding, you might be found to be 20% at fault for the accident. In this case, your compensation would be reduced by 20%.
What Damages Are Available In Oregon Car Accident Lawsuits?
Oregon car accident victims can recover two types of damages:
Economic Damages
These are damages for the financial losses you experienced as a result of the accident. Economic damages can include:
- Medical expenses (past and future)
- Lost wages (past and future)
- Property damage
- Transportation expenses
- Home care expenses
- Any other expenses related to your injury
Non-Economic Damages
These damages are available to compensate injured victims for the pain and suffering they endured. Non-economic damages can include:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Any other non-financial losses related to your injury
Do You Need a Lawyer for an Oregon Car Accident Lawsuit?
It’s not always necessary to hire a lawyer for a car accident lawsuit in Oregon. If the accident was minor, and you only suffered minor injuries, you might be able to handle your case on your own. However, if your injuries were severe, you should consider hiring a personal injury attorney.
Some of the benefits of hiring a lawyer for an Oregon car accident lawsuit include:
- Knowledge and expertise in personal injury law
- Experience negotiating with insurance companies
- The ability to investigate the accident and gather evidence
- The ability to calculate damages and ensure you receive fair compensation
- The ability to handle your case if it goes to trial
How Is Fault Determined in an Oregon Car Accident Lawsuit?
Determining fault in an Oregon car accident lawsuit is based on the concept of negligence. Negligence occurs when a person fails to use reasonable care, resulting in injury to someone else.
In a car accident lawsuit, negligence can be proved by showing:
- The other driver had a duty to exercise reasonable care while driving
- The other driver breached that duty by driving recklessly, failing to obey traffic laws, or driving while distracted or intoxicated
- The breach of duty resulted in your injuries
- You suffered damages as a result of the other driver’s negligence
Conclusion
If you’ve been involved in a car accident in Oregon and are considering filing a lawsuit, it’s important to understand the laws that govern personal injury cases. Understanding the statute of limitations, shared fault rule, types of damages, and fault determination process is crucial to building a strong case. Consider hiring an experienced personal injury attorney to ensure you receive fair compensation for your injuries.