Another Extension Of Oregon Statutes Of Limitation

Posted by Benjamin P. Melnick | Jun 28, 2021 | 0 Comments

Another Extension of Oregon Statutes of Limitation On a previous post, I explained part of the Oregon Legislature's response to Covid-19, by extending many civil statutes of limitation. The length of the extension depends on the state of emergency ordered by Oregon's Governor, Kate Brown. On Apr...

Alphabetical List Of Popular Car Insurance Terminology

Posted by Scott Edwards | Jun 18, 2021 | 0 Comments

Reading an automobile insurance policy can be hard.Talking to an insurance lawyer about your insurance policy can be even more difficult. Sometimes insurance lawyers are so experienced in insurance and the words used in insurance policies that we forget that many of the words are not common, that...

Do You Know The Leading Causes in Boating Fatalities?

Posted by Scott A. Staples | Jun 07, 2021 | 0 Comments

In what is becoming an annual tradition on this blog, I write to you today about boating safety. We've touched on it before- here, here, and here.  The waterways are looking a lot more appealing now that the sun is out, on at least a semi-regular basis. Despite the fairly detailed regulatory sch...

Oregon Statute of Limitations Extensions

Posted by Benjamin P. Melnick | Mar 30, 2021 | 0 Comments

As part of the COVID-19 emergency orders, the state of Oregon has tolled the statute of limitations for personal injury and other cases through, at least, July 31, 2021. Best to file early, and to be aware of the specifics of the extension. But you may still have time to file a lawsuit in Oregon so long as the statute of limitations expired during the COVID-19 state of emergency.

Recreational Use Immunity In Washington State

Posted by Benjamin P. Melnick | Jan 04, 2021 | 0 Comments

There are lots of ways to enjoy the outdoors. Many people use public lands or lands open for use to the public to get outside. Inevitably, some people will be injured enjoying the beautiful Pacific Northwest terrain. In Washington, these injuries show an interesting intersection of public policy. Generally, Washington is a state that values public safety and holding landowners accountable for maintaining unsafe premises. As a result, an owner or occupier of land might be liable for damages if a person is injured on his or her property.

Sovereign Immunity And The Public Duty Doctrine

Posted by Benjamin P. Melnick | Dec 18, 2020 | 0 Comments

Bringing a claim against the government can be tricky for a number of reasons, from learning who the correct agency might be, to getting proper service of a tort claim notice, to litigating a claim against the government and its vast resources. Another consideration is whether the claim being brought is the right type of claim.

Where’s My Money: Who May Receive A Portion Of An Injury Settlement

Posted by Scott Edwards | Sep 11, 2020 | 0 Comments

Any time we settle a claim for one of our clients we prepare a document we call a “Settlement Statement”. This is essentially a ledger that starts with the gross settlement amount and ends with the net amount to be paid to our client. All of the amounts between those figures show the difference. Most notable on the list are attorney fees and costs. These are different figures. The “fee” is the amount of the settlement my clients agreed to pay me for the work I did on their case. Because we almost always work under a contingency fee agreement, our fee is based on a percentage of the overall settlement. “Costs” are those amounts that my firm spent in furtherance of our client's case. These costs may be small (as is the case in amounts paid to get a copy of a collision report) or may be significant (as is the case in experts we hired to prove our client's case).

COVID-19: Local Court Closures And Alterations In Pocedures

Posted by Scott A. Staples | Aug 06, 2020 | 0 Comments

In our current COVID-19 situation, information about local court closures and alterations in procedures change frequently, sometimes by the day. While I can't be sure what I write about this will be current for long, it seems likely the situation I write about will be with us for a while: namely that Clark County courts are open, but operating in a limited and altered manner for the foreseeable future.

FDA Warns Of Dangerous Hand Sanitizers With Methanol

Posted by Bradley Thayer | Aug 04, 2020 | 1 Comment

A part of what we do as personal injury attorneys can be product liability cases.  All of the aim of what we do is making the greater community safer by trying to hold negligent people and companies accountable and make dangers known to the greater community.  So from time to time, we like to give the greater public an idea of how to avoid dangerous products. Hand sanitizer was in high demand and short supply as the COVID-19 pandemic and public health crisis was developing, and companies struggled to meet the demand effectively. It's now become clear that producers of alcohol-based hand sanitizers may have cut some dangerous corners or perhaps were careless in a dangerous way that we feel it's important to highlight and publicize.

Creativity As A Personal Injury Attorney In Washington & Oregon

Posted by Bradley Thayer | Jun 23, 2020 | 0 Comments

There are often times that I marvel at just how many ways there are to get creative in what we do as personal injury attorneys. Whether it is a matter of figuring out ways to help a jury visualize the incident, to find additional insurance to help compensate an injured person, to really flush out and properly investigate the facts and circumstances of a claim, in determining which potential parties should or should not be reimbursed and under what circumstances in trying to maximize the recovery in our clients’ pockets...

Pedestrian Safety and Headphones In Washington & Oregon: Listen Up

Posted by Benjamin P. Melnick | Jun 18, 2020 | 0 Comments

In Washington, every pedestrian has the duty to use ordinary care to avoid a collision. Ordinary care means the care a reasonably careful person would exercise under the same or similar circumstances. In Oregon, the rules are essentially the same: negligence means doing something a reasonably careful person would not have done, considering the apparent foreseeable dangers. In essence, pedestrians would be expecting that drivers are going to follow the law and not hit them, regardless of the headphones. But drivers might be expecting a person to be on the lookout with all his or her senses, anticipating a look over the shoulder or some other such action. And what about the ultra-quiet electric cars? Even without noise-canceling headphones, I have a hard time hearing those. 

Oregon's New Law for Cyclists

Posted by Bradley Thayer | Apr 24, 2020 | 0 Comments

Since January 1, 2020, Oregon cyclists have been permitted by law to treat a stop sign or a flashing red light at an intersection as a yield sign.  The playful term for this approach is an “Idaho stop”, because it first became law in Idaho in 1982.  A solid red light at an intersection stil...

Disability As A Noneconomic Damage Element In Washington State

Posted by Bradley Thayer | Feb 06, 2020 | 0 Comments

When a person is physically injured and seeking compensation, most folks think primarily about economic damages—or special damages that come with a monetary value already attached to them.  Things there is a receipt or other documentation for, such as medical bills, wage loss, prescription costs, etc.  Other forms of damages are commonly suffered when bodily injury occurs, though and those damages are characterized as noneconomic damages—general damages that do not have an easily fixed monetary value attached to them.  Typical noneconomic damages are pain and suffering and mental or emotional distress.

Back To School On Crosswalk Safety In Washington & Oregon

Posted by Scott A. Staples | Sep 19, 2019 | 0 Comments

Because kids are now back in school, I am reminded about the importance of pedestrian/crosswalk safety. It's vitally important that all drivers keep a proper lookout and respect pedestrian right-of-way's, especially with so many more children on foot. It's important not only to try and ensure everyone's safety, but it's also the law.

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