Getting another party to pay damages to you for your personal injury is based upon the legal claim of “negligence.”
You have a personal injury claim for negligence against another person in the Portland area, if these four elements exist in your case:
- The first element is establishing that there is a duty owed to the injured person. Under the law, all people have a duty to act in a reasonable manner to others. For example, drivers have a duty to their passengers and other drivers to operate their vehicle carefully. Store owners have a duty to their customers and employees to keep their floors clear of slippery substances and other hazards. Doctors have a duty to safely treat their patients.
- The second element is met when that duty to you is breached. For example, was the other driver driving too fast? Did a doctor prescribe the wrong medicine and the patient is hospitalized?
- The third element is whether you were injured. A speeding driver strikes your car, breaking your hip and causing you to not to work for 6 months. A company manufactures a defective product that explodes in your hands causing a vision loss.
- The fourth and final element involves money damages. As a result of your injury did you incur monetary loss such as medical expenses, loss of wages, loss of future employment or damage to your property? The law also allows you to recover monetary damages for your emotional distress, including pain and suffering, caused by the accident.
If you have been injured in an accident and think that you may have a personal injury claim, contact the accident attorneys at our Portland law firm today. We will work with you to maximize the value of your personal injury claim against wrongdoers and insurance companies and assist you in obtaining the damages that you are entitled. Our fees will be paid out of any settlement or judgment that we obtain for you. If there is no recovery, you do not pay a fee.
