Serious Injury

Some Things that Make an Elderly Plaintiff’s Injury Case Different

It seems sensible to conclude that an elderly injury causes greater harm than an injury earlier in life. Older people, for example, "are more likely to break bones in falls because many older people have porous, fragile bones."1. "[F]atal crash rates increase starting at age 75 and increase notably after age 80. This is largely […] Read More 〉〉

Serious Injury

Graphically Proving Pain and Suffering in Low-Speed Collision Injury Cases

A vehicle crash may do little, if any, harm to the vehicles. Many low-speed crashes, however, do a great deal of harm to their victims. Neck and back pain caused by a collision injury can persist for many months after an impact. It may still be there by the eventual date of a jury trial. […] Read More 〉〉

Serious Injury

Why Most “Accidents” Shouldn’t Really Be Called Accidents

Dictionaries usually define “accident” as something like “an event that causes injury or damage and occurs by chance.” "Every time that anybody is injured it is commonly spoken of as "an accident," but this is not actually true, because an accident really means injury due to some cause that could not have been foreseen or […] Read More 〉〉

Workers Compensation

Workers’ Comp Claims Must Be Accepted or Denied Even if They Involve Only Symptoms

A new Oregon Court of Appeals opinion upholds an injured employee's right to a clear decision accepting or denying his or her workers' compensation claim in a timely manner. The court rejected the comp insurer's argument that a letter announcing that a claimant's requested "new or omitted medical condition" did not "qualify" as a claim […] Read More 〉〉

Serious Injury

Neck and Back Injury After a Low-Speed Motor Vehicle Collision

If you've felt chronic neck or back pain after what might seem like a "minor" collision because there wasn't much damage to the cars, you might be inclined to dismiss the possibility that the crash caused serious injury. Insurance companies and defense attorneys certainly often assert that neck and back injury from a car crash […] Read More 〉〉

Serious Injury

What to Expect When Searching for a Personal Injury Lawyer

Most of us have no expectation of ever being a plaintiff. Often, the first visit by a seriously injured person to a personal injury attorney may be his or her first visit to any attorney. It's simple enough to find accident lawyers in a search engine. But similarities between finding and retaining legal counsel to […] Read More 〉〉

Animal Law

Oregon Animal Law Stumbles After Recent Landmark Criminal Case

The Oregon Supreme Court last year affirmed a Court of Appeals decision that authorized a criminal sentence to reflect harm to individual animal victims of abuse. Until State v. Nix,1 multiple counts of misdemeanor animal abuse were "merged" into one conviction with a lesser penalty. In a similar case involving human beings, each person harmed […] Read More 〉〉

Animal Law

What is Discrimination Based on
Use of a Service Dog?

Regardless of the definition of “service” or “assistance” animal under Oregon or other state law, the Americans with Disabilities Act ("ADA") prohibits disability-based discrimination by employers, public entities, and public accommodations and creates a cause of action for persons subjected to discrimination based on disability. One form of discrimination is denial of a person with […] Read More 〉〉

Serious Injury

How a Personal Injury Attorney Can Help by Not Acting as a Lawyer

Working to recover full compensation for someone who's been hurt by negligence or wrongful conduct is part of the missions of a plaintiff's lawyer. But the lawyer's part of the attorney-client relationship involves more than being a personal injury warrior. The other aspects of that relationship are in some ways even more important than success […] Read More 〉〉

Wrongful Death

What is a Wrongful Death Case?

A long time ago when lawyers spoke Latin, it was said that personal injury actions die with the person. The death of either a wrongdoer who caused harm or his or her victim eliminated any claim that might have existed. The victim’s estate could not sue, and the victim could not sue if he or […] Read More 〉〉