A personal injury case is a legal process where an injured individual (the plaintiff) seeks compensation for harm caused by another party's negligent or wrongful actions (the defendant). Personal injury, or tort law, provides the framework for these cases, which may involve various situations such as car accidents, intentional acts (like assault), defective products, or defamation.

Every personal injury case revolves around two key elements: liability and damages.

• Liability: To establish liability, it must be shown that the defendant was responsible for causing the injury.
• Damages: This refers to the compensation sought for the harm suffered, including medical expenses, lost wages, and pain and suffering.

In many cases, especially accidents, the legal concept of negligence is central. To prove negligence, the following four elements must be demonstrated:

1. Duty: The defendant owed the plaintiff a duty of care. For example, drivers must operate their vehicles safely, and medical professionals must provide proper care.

2. Breach: The defendant breached that duty by failing to act as a reasonably careful person would in the same circumstances.

3. Causation: There must be a direct link between the breach of duty and the injury suffered. Essentially, the injury would not have occurred without the defendant's actions.

4. Damages: The plaintiff must show that they suffered actual harm or injury due to the defendant's breach.

At Dwyer Williams Cherkoss Attorneys, like many personal injury firms, we operate on a contingency fee basis, meaning that you do not pay any upfront fees for our legal services. Instead, we only receive a payment if we secure compensation on your behalf. This model ensures that there are no out-of-pocket expenses while we handle your case, and our fee is typically a percentage of the recovery amount once we successfully win or settle your claim.

Several key factors need to be present to determine if you have a personal injury claim. First, the injury must have been caused by someone else’s negligence or wrongful actions. This doesn’t always require visible physical injuries—claims can also be based on emotional distress, defamation, or even the fear of imminent harm.

Your injury must have also resulted in compensatory damages, such as medical bills, lost wages, or pain and suffering. If you incurred financial or emotional losses due to the injury, it strengthens your case for filing a personal injury claim.

Anyone who has suffered an injury due to the negligent or willful actions of another person, company, or entity may be eligible to file a personal injury claim. This applies to various situations, including car accidents, slip and falls, workplace injuries, or medical malpractice. Each state has specific laws defining what constitutes a personal injury, and the qualifications may vary. For example, workers' compensation covers injuries that occur in the workplace, while other laws may apply to non-work-related incidents.

The critical factor in filing a claim is proving that the injury was caused by another party's negligence or wrongful actions and resulted in compensatory damages, such as medical bills or lost wages.

Oregon follows a modified comparative negligence rule, which allows individuals to recover damages in a personal injury case even if they are partially at fault, as long as their fault does not exceed 51%. Under this law, the plaintiff’s compensation is reduced by their percentage of fault. For example, if a plaintiff is found to be 30% at fault in an accident and the awarded damages amount to $100,000, they would receive $70,000 after the reduction.

However, under Oregon law, if the plaintiff’s fault is greater than 51%, they are barred from recovering any compensation. This differs from states with pure comparative negligence rules, which allow recovery even if the plaintiff is mostly at fault.

Oregon also has a statute of limitations for personal injury cases, generally two years from the date of the injury. You must file your lawsuit within two years, or you may lose the right to pursue compensation. It’s important to note that not all personal injury claims follow the same timeline. For example, in cases involving wrongful death, the statute of limitations may be extended to three years from the date of the wrongful act. Additionally, cases involving product liability or fraud may have different time limits.

For cases involving sexual abuse or sexual assault, Oregon has extended timelines. Survivors of childhood sexual abuse, for example, can file a claim until they are 40 years old or within five years of discovering the abuse—whichever occurs later. This extended timeline reflects the unique nature of these cases, recognizing that many victims may be unable to come forward immediately.

Understanding these rules is crucial to determining your rights and potential compensation in Oregon.

Oregon law sets specific time limits, known as statutes of limitations, for filing personal injury claims. The deadline for filing a lawsuit depends on the type of injury or claim:

• Injury to Person: The statute of limitations for most personal injury claims, including car accidents, truck accidents, and slips and falls, is two years from the date of the injury.
• Wrongful Death: A wrongful death claim must be filed within three years from the date of the wrongful act that caused the death.
• Product Liability: The statute of limitations for cases involving defective products is two years from the date of injury or when the injury was discovered.
• Fraud: For claims based on fraud, you have two years from the date the fraud was discovered.
• Defamation (Libel/Slander): The statute of limitations for defamation is one year from the date the defamatory statement was made.

For cases involving professional malpractice, such as legal or medical malpractice, the timelines vary:

• Medical Malpractice: Claims must be filed within two years of the discovery of the injury, with an absolute maximum of five years from the date of the medical treatment.
• Legal Malpractice: You must file within two years from when the malpractice is discovered or reasonably should have been discovered but no later than five years from the act of malpractice.

For childhood sexual abuse, Oregon allows survivors to file a claim until they are 40 years old or within five years from the time the abuse is discovered, whichever is later.

Failing to file a claim within the required time frame can result in losing the right to pursue compensation, so it's essential to act promptly to protect your legal rights.

The length of time it takes to resolve a personal injury case in Oregon can vary significantly depending on several factors, such as the case's complexity, the severity of the injury, and whether the case goes to trial. Some cases may settle quickly, while others may take months or even years to conclude.

Here are a few key factors that can influence the timeline of your case:

1. Settlement vs. Trial:
   Many personal injury cases are resolved through settlements, often with insurance companies. Insurance companies tend to offer lower settlements early on to minimize their payouts. The case may settle within a few months if negotiations are successful and a fair offer is made. However, if the insurance company or defendant is unwilling to offer adequate compensation, the case may need to go to trial, which can extend the timeline by one to two years or more.

2. Severity of Injury and Recovery Time:
   More severe injuries usually require a longer timeline. Your medical condition needs to be thoroughly evaluated before settling to ensure all future medical costs and lost wages are considered. Complex medical issues may delay the case as your legal team waits for a complete understanding of your injuries.

3. Discovery and Investigation:
   The process can take longer in cases where detailed investigation or expert testimony is required (such as defective products or medical malpractice). Gathering evidence, interviewing witnesses, and consulting experts can extend the timeline but are crucial to building a solid case.

4. Dealing with Large Corporations or Complex Defendants:
   When going up against large corporations or in cases involving dangerous drugs, defective products, or medical devices, these defendants are more likely to fight claims aggressively. These cases may require litigation and trial, which can significantly increase the time needed to resolve the case.

5. Court Schedules:
   If your case goes to trial, court availability and scheduling will affect its length. Busy court dockets may result in trial dates being scheduled several months to a year after the lawsuit is filed.

At Dwyer Williams Cherkoss Attorneys, we understand that timing is critical for our clients. We work diligently to ensure that cases are resolved as efficiently as possible without sacrificing the compensation you deserve. While some cases can be resolved quickly through a fair settlement, we are fully prepared to take your case to trial if necessary to secure maximum compensation. Each case is unique, and we will provide a timeline estimate based on your situation's specific facts and circumstances.

If you’re considering filing a personal injury claim, having a lawyer can significantly improve your chances of a favorable outcome. Statistically, plaintiffs who hire an experienced personal injury attorney receive larger settlements than those who represent themselves. This is mainly because personal injury lawyers understand how to negotiate effectively with insurance companies and navigate complex legal processes to maximize your compensation.

Here’s why hiring a personal injury lawyer is beneficial:

1. Legal Expertise: Personal injury cases involve many legal nuances, including gathering evidence, proving negligence, and negotiating with insurance companies. Insurance adjusters are trained to minimize payouts, and without legal representation, you may be pressured into accepting a low settlement. A lawyer ensures you receive compensation for your medical bills, lost wages, pain and suffering, and future care needs.

2. Higher Settlements: Studies show that individuals with legal representation receive higher compensation than those who handle their claims independently. A personal injury lawyer has the experience to assess the actual value of your case, factoring in both immediate and long-term costs related to your injury.

3. Trial Experience: While many personal injury cases settle out of court, some may need to go to trial. If negotiations fail or the insurance company refuses to offer a fair settlement, an experienced trial lawyer is crucial. Attorneys with courtroom experience are better equipped to take on large corporations or insurance companies, ensuring you get the justice you deserve.

4. Peace of Mind: Dealing with a personal injury can be overwhelming, especially when combined with medical appointments, recovery, and financial concerns. A personal injury lawyer handles the legal complexities, allowing you to focus on healing while they advocate for your rights.

At Dwyer Williams Cherkoss Attorneys, our team is dedicated to fighting for injured individuals in Oregon. Whether negotiating a settlement or taking your case to trial, we work tirelessly to secure the best possible outcome. Hiring an experienced attorney can make all the difference in receiving the compensation you deserve.

At Dwyer Williams Cherkoss Attorneys, we represent clients injured due to someone else's negligence, recklessness, or intentional misconduct. Our personal injury attorneys handle a wide range of cases, ensuring victims receive the compensation they deserve. Here are the primary types of cases we specialize in:

1. Car Accidents
   Car accidents are among the most common types of personal injury cases we handle. Whether the accident is the result of speeding, distracted driving, or another form of negligence, we help clients recover compensation for medical bills, lost wages, and vehicle damage.

2. Semi-Truck Accidents
   Due to their sheer size and weight, large truck accidents can result in catastrophic injuries. We have extensive experience handling these complex cases, often involving trucking companies and insurance policies designed to minimize payouts.

3. Motorcycle Accidents
   Motorcycle riders face a higher risk of serious injury in accidents. We advocate for motorcycle accident victims, ensuring they receive compensation for injuries caused by negligent drivers, road hazards, or defective motorcycle parts.

4. Drunk Driver Accidents
   Suppose a drunk driver has injured you. In that case, you may be entitled to compensation not only for your physical injuries but also for punitive damages due to the reckless behavior of the other driver. We fight to hold drunk drivers accountable.

5. Traumatic Brain Injury (TBI)
   Traumatic brain injuries can have long-lasting effects on a person's health and well-being. We work with medical experts to ensure you receive fair compensation for current and future medical care, rehabilitation, and other damages resulting from your TBI.

6. Trip and Fall Accidents
   Property owners must maintain safe premises. If you've been injured due to hazardous conditions, such as wet floors, uneven sidewalks, or poorly lit areas, we will hold the property owner accountable for negligence.

7. Bicycle Accidents
   Cyclists often suffer severe injuries when involved in accidents with motor vehicles. We represent bicyclists injured due to drivers' negligence, helping them recover damages for medical treatment, lost income, and more.

8. Pedestrian Accidents
   Pedestrians are especially vulnerable when hit by a vehicle. We help pedestrians injured in crosswalks, parking lots, and other areas pursue compensation from negligent drivers or other responsible parties.

9. Dog Bites
   Dog owners are responsible for their pets' actions. If a dog has bitten you or a loved one, we will pursue a claim to cover medical costs, pain and suffering, and any psychological trauma resulting from the attack.

10. Workplace Injury
    Injuries at work may qualify for workers' compensation, but there are cases where a third party is liable. We handle complex workplace injury cases, ensuring you receive total compensation through workers' comp or a third-party claim.

11. Sexual Abuse
    Survivors of sexual abuse deserve justice. We provide compassionate representation to survivors, helping them pursue claims against their abusers or the institutions that failed to protect them.

12. Sexual Assault
    Sexual assault cases often involve both criminal and civil actions. We support survivors by pursuing civil claims to recover damages for their trauma and harm.

13. Nursing Home Abuse
    We represent elderly individuals and their families in cases of nursing home abuse or neglect. Whether the abuse is physical, emotional, or financial, we hold negligent facilities accountable for their actions.