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September 16th, 2024 If someone else’s negligence injured you, you may be considering filing a personal injury claim to seek compensation for your losses.
Understanding the potential settlement amounts for various types of personal injury cases can help you make informed decisions throughout the legal process.
Today, our personal injury lawyers discuss three common personal injury cases that victims file in Oregon, factors influencing settlement amounts, and strategies for maximizing compensation.
Oregon injury attorneys often litigate three liability categories when helping accident victims obtain awards for their injuries.
Knowing the remedies and average settlement amounts available in these lawsuits can help you better identify whether you have a potential case and what kind of compensation you might be entitled to under Oregon law.
Car accident claims are among the most common types of personal injury cases sought in Oregon. In these lawsuits, injury lawyers consider a defendant’s traffic violations, distracted driving, and impaired driving when determining fault and negligence.
According to the marketing data and research firm Gitnux, settlement amounts for car accident injuries vary widely and depend on the severity of the injuries.
Property owners have a responsibility to maintain safe premises for visitors and customers. You may be entitled to compensation if you suffer an injury due to a hazardous condition on someone else’s property.
Settlement amounts for slip and fall accidents depend on factors such as:
Typical settlement amounts for premise liability claims range from $20,000 to $100,000 but can be higher for severe injuries.
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, resulting in patient harm.
Examples of medical negligence include surgical errors, misdiagnosis, and medication errors. In Oregon, the average settlement amount for medical malpractice claims is around $310,000 but can exceed $1,000,000 in cases involving severe injuries or wrongful death.
If you’re considering filing a personal injury claim in Oregon, you may wonder what can impact your settlement or jury award.
While every case is unique, several key elements influence your compensation in Oregon personal injury cases.
More severe injuries typically result in higher settlement amounts due to increased medical expenses, longer recovery times, and greater impact on the victim’s life.
Injuries carrying long-lasting or permanent consequences, such as disability or disfigurement, lead to higher settlement amounts that account for ongoing medical needs and reduced earning capacity.
Your settlement should cover all accident-related medical bills and any income you’ve lost due to your inability to work during recovery.
Non-economic damages, such as pain and suffering, can significantly increase your settlement amount, particularly in cases involving severe or life-altering injuries.
Oregon follows modified comparative negligence rules, meaning insurers or the courts may reduce your settlement if they find you partially liable for the accident. However, you can still recover damages if your fault is less than 51%.
The courts break down the compensation you receive in Oregon personal injury settlements into two main categories: economic damages and non-economic damages.
Economic damages have a clear monetary value, while non-economic damages refer to more subjective general losses.
Understanding the difference between these two remedy types can help you better assess the potential value of your personal injury case.
Economic (special) damages are objectively quantifiable losses resulting from your injury, including:
You must plead and prove these out-of-pocket costs through receipts and billing statements. However, special damages are typically easier to calculate as they are based on actual financial losses.
Non-economic (general) damages are subjective losses that are more difficult to quantify, such as:
You don’t have to prove these damages because the court assumes they generally flow from the negligent act. However, Oregon caps non-economic damages in some personal injury cases
FOR EXAMPLE – the state caps non-economic damages in wrongful death cases due to medical malpractice at $500,000 (as of 2021).
You should also be aware of Oregon statutes that can impact your personal injury settlement:
If someone else’s negligence caused you harm in Oregon, you may be entitled to a substantial settlement to cover your losses.
However, maximizing your personal injury settlement requires careful planning, attention to detail, and the guidance of an experienced personal injury attorney.
By taking specific steps and working closely with your legal team, you can increase your chances of securing a hefty insurance payout or jury award.
Keep detailed records of the accident, your injuries, medical treatment, and any related expenses.
Prioritize your health and well-being by seeking prompt medical care and following your doctor’s recommendations. This path helps your recovery and demonstrates the severity of your injuries.
Working with a skilled attorney who understands Oregon personal injury laws and has experience negotiating with insurance companies can significantly improve your chances of obtaining a favorable settlement.
Personal injury settlement awards in Oregon vary depending on the circumstances of each case.
Understanding what influences settlement amounts and working with an experienced personal injury attorney can improve your chances of receiving maximum payout for your losses.
Remember, when someone else’s negligence harmed you, you have the right to seek justice and the award you deserve before the statute of limitations runs out on your case.
Contact Hess Injury Law for a free consultation. Our Oregon personal injury law firm guides accident victims through the claims process.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
