What is a Personal Injury?
A personal injury is physical injury inflicted to a person’s body, as opposed to damage to property or reputation. The injury can be more than just physical, and can even be to the body, mind, or emotions. For example, a slip-and-fall accident on a banana peel in the grocery store, could be considered a personal injury because of the actual physical harm (e.g. broken leg and bruises) you suffered in the fall as well as the pain and suffering, and loss of work. In another example, an automobile accident resulting in neck sprain or strain (whiplash), broken ribs, hospitalization, back pain, and the resulting short-term and long-term medical bills. Common injuries associated with personal injury cases include whiplash injury, neck and back strain, traumatic brain injury (TBI) and head trauma, burn injuries, bone fractures, amputations, and internal organ damage. The main types of cases that fall under personal injury law are motor vehicle accidents, pedestrian/bicycle accidents, dog bites, wrongful death, and professional malpractice.
What are the Personal Injury Laws in Oregon?
Personal injury law in Oregon is a mix of what is called common law and statutory law. Common law is law that has been passed down for centuries– some of it even originating in the England. Statutory law in Oregon is codified law in what is called the Oregon Revised Statutes. This body of law is further defined by what is called “case law.” Case law is the collective opinions from the Oregon Court of Appeals and Oregon Supreme Court which analyze, define, limit, and expand the common law and statutory authority.
What is the Legal Standard in Oregon for Personal Injury Recovery?
In Oregon, negligence is the common-law negligence claim for damaged. A negligence claim requires the victim (the plaintiff in a complaint) to allege and prove against the person who caused the injury (the defendant in a complaint) the following:
- that defendant’s conduct caused a foreseeable risk of harm,
- that the risk is to an interest of a kind that the law protects against negligent invasion,
- that defendant’s conduct was unreasonable in light of the risk,
- that the conduct was a cause of plaintiff’s harm, and
- that plaintiff was within the class of persons and plaintiff’s injury was within the general type of potential incidents and injuries that made defendant’s conduct negligent.
Does this all sound confusing? If so, that is where a personal injury lawyer can help.
What to Look for When Hiring a Personal Injury Lawyer
Personal injury accidents can happen to anyone, and can oftentimes be life-changing. During personal injury cases, it’s important to seek qualified legal representation that will bring a compassionate approach to your case. If you’ve been involved in a personal injury case, you have most likely encountered damages. These damages can include pain and suffering, lost wages, loss of income, property loss or repair, and medical bills. As the victim of an accident, you have the legal right to seek compensation for these damages. Finding a lawyer that understands these current and future damages, and the stress they put on a victim, is a critical part in having qualified legal representation during a personal injury case.
Romano Law has the background and knowledge to provide specialized legal guidance in various areas of personal injury law. Covering wrongful death cases, traumatic brain injury cases, medical malpractice cases, motorcycle accident cases, bike accident cases, car accident cases, and dog bite cases, a professional personal injury lawyer can help you properly prepare your case.
How Oregon Legal Can Assist in Your Personal Injury Case
At Romano Law, we understand the negative impact that an injury or loss of a loved one has not only on the victim, but also the family involved. Invested in helping the victim(s) of an accident, Romano Law is dedicated to bringing the appropriate compensation to those involved in personal injury cases.