If you have been injured in Oregon, or anywhere, as a result of an auto accident, a product defect, or due to the failure of a medical or health care provider to provide appropriate treatment then you may want to consider discussing your situation with a personal injury attorney. You may have a chance to recover a portion of your damages from the party at fault for your injuries.
Oregon law considers certain wrong acts or omissions as grounds for lawsuits. These wrongful acts or omissions are called torts. If you have been injured or sustained harm as a result of a wrongful act you may have grounds to sue for monetary damages. A few of the types of losses for which you may recover include lost wages, future lost earnings, pain and suffering and medical expenses. Torts are generally classified into three categories including: negligence, strict liability also sometimes called absolute liability, and intentional torts. Generally, for a wrongful act to be considered a tort certain conditions must apply. These include the existence of a legally protected right, a wrongful invasion of that right, and losses as a direct or proximate result of that invasion.
Many Oregon personal injury claims are the result of someone being injured due to the negligence of another. These are negligent torts. Negligence is the failure to follow a certain degree of care required by law to keep others from harm. The following elements must be established in order to assert a claim of negligence.
1. Legal Duty owedA legal duty owed is an obligation recognized by the law to confirm to a particular standard of conduct for the protection of others.
2. Failure to meet the dutyThis is measured by what a reasonably prudent person would do under the same circumstances.
3. Injury or damages resulting from the failure to meet the dutyThe damages must be the direct result of the failure to meet the obligation.
4. Damages are the proximate result of the failure to meet the dutyWithout damages or a loss there is no claim. In order to prove a cause of action for negligence you will need to be able to prove that you sustained a loss as a result of the negligence of the other party.
The above is only intended to provide a general overview of the elements of a negligence claim for personal injury. If you have been injured you should discuss your case with a personal injury attorney who can provide you with a detailed analysis of your potential lawsuit.
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