This post is part two in a three-part trial report. The judge in our case was the recently retired Honorable Stephen N. Tiktin from Bend. He was excellent, as usual. The Defense Counsel was Barry Goehler, head of Nationwide Insurance’s in-house firm. He did a fine job and was very easy to work with. The main … Read More
Impairment of Earning Capacity Claim in Oregon Car Accident Injury Case
This trial report concerns a collision that occurred at the intersection of SW 6th Street and SW Evergreen Avenue in Redmond, Oregon. My client was a passenger in his father’s Honda Accord at the time, which was stopped at the intersection specified above. Our client was looking out the car window to his left, watching an … Read More
Significant Premises Liability Injury Settlement Reached
A prospective client recently came to the offices of Dwyer Williams Cherkoss PC for legal advice and representation following an accident at a hardware store in Bend, Oregon. This man had been perusing an aisle in the store’s gardening section when several large bags containing gardening rocks fell on him from their perch atop a … Read More
What is Impaired Earning Capacity?
Much confusion surrounds the claim of impairment of earning capacity. While this claim used to be an element of noneconomic damages (“pain and suffering”), it has since become an element of economic damages (“out of pocket losses”). However, proving the claim can be difficult. Because of that difficulty, I submit the following in my Trial … Read More