Personal injury describes a claim where an individual is hurt from recklessness, an intentional act by someone else, or negligence. The majority of personal injury claims in Portland stem from negligence. Negligence is the failure to exercise reasonable care. We at Dawson Law Group have experience investigating personal injury claims in a variety of situations. A personal injury lawyer in Portland, Oregon knows Oregon law associated with negligence with personal injury claims.
What are some examples of personal injury claims?
A personal injury claim can include defective products, premises liability, car accidents, just to name a few. For instance, a car accident where an individual rear ends a stopped vehicle is one example. This is a clear example of negligence by the driver who fails to stop effectively. Oregon negligence law does require at least some type of investigation to determine whether or not the harm was caused because of negligence.
How is negligence classified?
Negligence is classified in two ways: contributory negligence and comparative negligence. In contributory negligence, any fault on the plaintiff’s part bars them from recovering any losses. However, Oregon has shied away from this type of negligence in the majority of personal injury claims.
Comparative negligence is a system where the defendant pays a percentage of the fault they are responsible for. There are two types of comparative negligence: modified and pure. Modified fault is when the plaintiff recovers only if they are found 50% or 51% at fault or less. With pure, the injured party can collect even if they are 99% at fault, but the defendant will still owe their 1% of fault. Oregon follows the modified comparative negligence law.
Contact a Portland Personal Injury Lawyer for Help
If you were harmed as a result of another person’s negligence, whether a slip and fall, car accident or defective product, one of our personal injury attorneys in Oregon can help. To learn more about your rights and whether or not you’re entitled to compensation, call our Portland, Oregon office today at 503-919-1315 for a free consultation.