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Tuesday, November 29, 2005
Motor vehicle accidents, slips and falls and medical malpractice are common types of situations involving personal injuries for which you might need the assistance of a personal injury attorney. But these are not the only types of accidents or situations which can lead to personal injuries. Bicycle and motorcycle accidents are also very common and are often due to the carelessness or even negligence of the party at fault. If you have been seriously injured as a result of a bicycle or motorcycle accident then you may have a valid cause of action or potential lawsuit. The best way to know if you have a case is to your particular situation with a qualified personal injury lawyer. Other types of accidents leading to personal injuries include injuries caused by exposure to toxic chemicals either in the air or due to water contamination, abuse occurring within nursing homes, premises liability and product liability. Personal injuries involving premises liability can be the result of improper or negligent maintenance such as untreated ice on sidewalks or stairs, unmarked wet floors, and other dangerous conditions. Defective products are also the source of many personal injuries. Each one of the above situations is different and your personal injury lawyer can help you decide if you have a case worth pursuing in court. The law may limit the amount of time that you have to take action so it is important that you speak with a personal injury lawyer as soon as possible following your injury.
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Wednesday, November 23, 2005
Bicycle accidents claim a life almost every six hours in this country. This statistic is shocking and alarming. Nearly one million young people are injured in bicycle accident every year and many of these involve traumatic head injuries. If you or a loved one has been injured in a bicycle accident as a result of the negligence of a driver or due to defective design of the bicycle you should consult with a personal injury attorney who has experience with bicycle accident and injury claims. A person riding a bicycle has the same responsibilities, obligations and rights on the road as someone driving an automobile. In fact, there are laws which are designed to protect bicycle riders on the street. Drivers of motor vehicles are supposed to consider bicycles as they would any other vehicle on the road. Unfortunately, drivers of motor vehicles just don’t pay attention and watch for bicycle riders and this sometimes results in serious bicycle accidents and personal injury. Although drivers are sometimes not even aware of the laws and how they pertain to bicycles this does not mean that they are not negligent and responsible if their carelessness results in injury. An Oregon personal injury attorney who understands how to investigate and prosecute bicycle accident claims can help you determine if you have a valid claim and how to go about seeking recovery. Your attorney will have experience in responding to the defenses asserted by the defendant and will know how to obtain the best possible settlement of your case.
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Tuesday, November 22, 2005
Although your personal injury attorney will handle the details of your personal injury or medical malpractice case it can be helpful if you have a basic understanding of some of the legal and insurance related terms you will hear throughout the prosecution of your personal injury case. The following are a few common legal and insurance terms which you might come across in a personal injury lawsuit. Action This is another word for lawsuit. An action is a legal demand presented to the court of your right to recover from another party. Comparative Negligence Under comparative negligence the negligence of the parties involved is compared in terms of percentage of fault. Recovery is then reduced in direct proportion to the percentage of fault. For example, if a party is 25% at fault then they will only recovery 75%. Complaint A complaint is the initial declaration of a lawsuit in civil procedure. Damages Damages refers to the amount which may be recovered in court by a person who has suffered loss. Defendant The defendant is the party who is being sued and therefore defending themselves in a legal action Discovery Discovery refers to the disclosure of facts, documents and other information by the adverse party. This is during the initial investigation phase of litigation. Malpractice Malpractice is a term which refers to professional misconduct or lack of skill. Proximate Cause The proximate cause of an accident is that cause which directly leads to the accident and without which there would not have been an accident. Tort A tort is a wrongful act and the basis for a civil lawsuit.
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Friday, November 18, 2005
There are many types of personal injury claims for which you might need the services of a personal injury attorney. Personal injury claims are typically the result of injuries caused by the negligence or lack of reasonable care on the part of another person or entity. Personal injury claims caused by another’s negligence can be the result of of auto accidents, inadequate security, poorly maintained premises or marked hazards resulting in slips and falls, defective products or machines, or negligent medical treatment resulting in harm or death. If you have been injured in an accident due to the negligence of someone you may have a cause of action under the law to recover monetary damages for your economic losses as well as the pain and suffering you have experienced as a result of your personal injury. The law may limit the amount of time that you have to file a lawsuit for recovery due to your personal injury and therefore it is important that you discuss your situation with a personal injury attorney as soon as possible. Also, the sooner you meet with a personal injury attorney the more likely it will be that the facts will be fresh in your mind. If you have been injured due to the negligence of another don’t take any chances and receive what you are entitled. Speak to a personal injury attorney today.
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Wednesday, November 16, 2005
Medical malpractice is a growing problem in this country. Infections resulting from hospital staff improperly, or worse yet, not washing their hands, failure to diagnosis serious life threatening diseases such as cancer, improper or inappropriate drug prescriptions, and mistakes during surgical procedures are common examples of medical malpractice that can lead to serious medical problems or even death. Medical malpractice or medical negligence cases are not easy to prove. The medical malpractice laws are complicated and if you think you have been victim of medical negligence it is important that you discuss your situation with an Oregon medical malpractice lawyer. Being successful in a medical malpractice lawsuit will be very much dependant upon the facts of the case. For this reason, it is important that you can provide as much information as possible to your Oregon medical malpractice lawyer. When you initially meet with an Oregon medical malpractice lawyer the more information you can provide the better chance the attorney will be able to provide you with a accurate opinion on your chances of recovery and how much you might be able to recover from the responsible physician or medical facility. It is therefore important that you document everything in as much detail as possible immediately upon realization that there may have been medical malpractice or medical negligence. If a considerable amount of time has passed since the treatment was rendered then sit down and document as much as you can remember.
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Monday, November 14, 2005
If you have been injured in an accident in Oregon as the result of someone's carelessness then you may be entitled to compensation. Compensation in a personal injury case can include money for both your economic losses which include current wage loss, future loss of earnings capacity, medical bills, and out of pocket expenses as well as money for pain and suffering resulting from the trauma of the accident and resulting injuries. There is no question that it is in your best interest to pursue compensation that you are entitled to if you have been injured due to the negligence of carelessness of another party. The question is whether you need a personal injury attorney in Oregon to handle your case. If you want to have the best chance of recovering the most money for your injuries then it is recommended that you retain a personal injury attorney in Oregon who understands the law as it pertains to personal injury cases. Personal injury claims can be complicated and sometimes insurance companies can be in a hurry to settle for nominal amounts that simply do not provide just compensation for those injured. This is why it is so important to not rush into any agreement with the insurance company before you talk to an attorney. If the insurance company is pushing you to settle then rest assured you have plenty of time to speak to an attorney and there is no reason to rush into anything.
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In Oregon, medical malpractice is as big a problem as it is elsewhere - bigger than most people suspect. Harvard University completed an extensive study a few years back that determined that annually more than 80,000 people are fatal victims of medical malpractice in the United States. RAND corporate also completed a research project that studied autopsies as their source of medical malpractice information. This study said that 35 or 40 percent of the fatal or near-fatal deaths were the result of missed diagnosis. What's really amazing, too, is that fewer than three percent of these medical malpractice situations are litigated. Victims and victims''families do not regularly seek legal redress, contrary to what the media and the medical industry would have us believe. To hear medical professionals tell it everyone is litigation crazy and medical malpractice cases are brought unwarranted and constantly. Nothing could be further from the truth. Harvard' School of Public Health determined that of those patients who suffer negligence by a medical care professional, only one out of every eight follows through with a claim of medical malpractice and a lawsuit, and of those one in eight that do sue, only one in sixteen (exactly half) are able to recover any damages at all. What' even more appalling, and what most patients do not know, is that the physician they choose may not even have malpractice insurance. Physicians are not required to purchase this medical malpractice coverage. Nor does any state board of medical licensing oversee medical malpractice. Each year approximately 2000 physicians, with amounts to one third of one percent of all licensed doctors, are recipients of any kind of medical discipline. And this discipline is almost never for medical malpractice. The common wrist slappings are for fraud having to do with medical financial practices, or for substance abuse. Source: www.consumerlaw.com/medical.html#general
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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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Sunday, November 13, 2005
Auto accidents, slips and falls, medical malpractice or medical negligence, and defective products can all result in serious personal injuries that can have long-term consequences. If you have sustained a personal injury and the insurance company for the party at fault has contacted you to offer a personal injury settlement it might be a good idea to discuss your case with an Oregon personal injury attorney as soon as possible. Insurance companies are in business to make money and it is the job of insurance adjusters to close claims that are filed against their clients. When someone files a personal injury claim the insurance company must create a claim file, assign it to an insurance adjuster, set aside money in reserve for the potential claim payments, and do an investigation. These activities are time consuming and expensive and so if they can settle your personal injury claim quickly for a nominal amount they will do so. The settlement offered by the insurance company for your personal injury may not be a fair amount. How could it be if they have not conducted a thorough investigation into your personal injury claim? Sometimes insurance companies will offer these nominal settlements or "nuisance value" settlements as they call them in an effort to make those who have suffered serious personal injuries go away so as to avoid additional costs. If you have been offered a settlement early on following your accident involving a personal injury chances are you may have a good case with recovery potential much greater than the insurance company is offering. Consult with an Oregon personal injury attorney before you accept any settlement
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An Oregon personal injury attorney may be just what you need if you are an Oregon resident injured at work, or due to medical negligence or in an auto accident. Your problems at this point are not only about your own medical recovery but also about how your are going to pay your medical bills, your day to day living expenses, how you are going to recoup your lost wages and any of a host of other damages related to the accident. An Oregon personal injury attorney can help you deal with your insurance company and help resolve all these issues. An Oregon personal injury attorney will know your rights and can file your insurance claims for you. With the right Oregon personal injury attorney you have someone who will work to see that your rights are protected, who will get you the largest insurance settlement warranted and who will minimize the aggravation of resolving things with the various insurers involved. Having a competent and experienced Oregon personal injury attorney can be the difference between getting the money you need and the compensation you deserve, or getting nothing at all. What's also important is that most, if not all, Oregon personal injury attorneys will take an accident or collision personal injury case on a contingency basis. What this means for you is that you don't have to put up any money up front. This is crucial, as when you're injured, out of work and flat on your back is not the time to be forking over any extra money. A contingency basis Oregon personal injury attorney case is set up so that the attorney is baring the brunt of upfront expenses and will take a percentage of your settlement once the settlement is paid out.
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If you, or anyone in your family has been injured as a result of medical negligence, or if you just suspect that to be the case, you have the legal right to pursue the issue and, if necessary to file a claim of medical negligence. If, in fact, the injury or the death was caused, either completely or partially, by any breach of duty by a medical care professional - nursing, medical or dental - you and be compensated financially. This is what medical negligence is all about. Not only that, as a private patient who paid a physician for your medical care you can sue for breach of medical contract, stating that your medical care was substandard, and you are a victim of medical negligence. There are so many circumstances and situations that can result in medical negligence. Not only during surgery, but also during emergency room procedures, anesthesia administration, cancer treatment, general medical practice and diagnosis, ophthalmology, psychiatric services, radiology, and many others. You can sue for medical negligence due to failure to correctly diagnosis, or delay of correct diagnosis, or a physician's failure to warn you of the risks of the treatment they conduct or recommend. Physicians aren't the only ones liable for medical negligence, however. You can also claim medical negligence on the part of dentists, nurses, physicians' assistants, physiotherapists, midwives, psychologists and psychiatrists. For your medical negligence suit to succeed you must bring adequate proof, as supplied by medical experts, that it is more probable than not that serious mistakes did occur in your medical care and treatment and that these errors were a significant part of the injury which you or your family member suffered.
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A serious personal injury can be devastating in its effects on your family emotionally, physically, and financially. When a serious personal injury is the result of someone else's carelessness or negligence it can make matters even worse. You may be asking yourself questions like, "Why did this happen?" or "How could someone have been so reckless?" Unfortunately these are questions that may never be answered to your satisfaction. You may not receive an apology but you may be entitled to compensation for your damages under the law. Under common law, damages are monetary compensation that you may recover from a party who has been found to be responsible for your personal injury.
As you progress in your personal injury claim you may hear your lawyer mention two types of damages. The two type of damages which may be imposed by the court are compensatory and punitive. Compensatory Damages Compensatory damages refer to actual measurable losses that have a direct financial impact. These include: medical and hospital bills as well as lost earnings and future lost earning capacity due to permanent injuries that may impact the ability of the injured person to work in his or her chosen vocation. Punitive Damages In personal injury cases punitive damages award against the liable party for the purpose of punishing him or her for the behavior or conduct that resulted in the injury. It is not required that the conduct was determined to have been intentional but rather simply because it was irresponsible. This should give you a better understanding of the damages involved in a personal injury case. Your personal injury attorney can answer your detailed questions and help you determine what your damages are as well as your chances and potential for recovery.
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Although personal injury settlements typically involved lump sum settlements it is becoming more and more common to see large settlements paid out using some form of a structured settlement. A personal injury structured settlement is an alternative to paying a settlement in a lump sum of cash. Under a structured settlement the insurer purchases an annuity which pays the injured person in periodic guaranteed payments over a fixed period of time. Insurance companies often prefer to do structured settlements in cases involving large amounts because they can save money over a traditional lump sum settlement. The injured person can also benefit from a structured settlement in that is possible to receive a greater amount of money than might be possible if the settlement was paid in cash all at once. Insurance policies are limited. For example, if the limit of liability is $100,000 on a policy covering the person responsible for you injury then the most that could be paid in a lump sum would be $100,000. If this money is invested in an annuity the insurance company might be able to provide a settlement with a total value of $150,000 over time while only spending 90,000. For this reason, insurance companies prefer to settle personal injury claims using structured settlements. Whether to settle your personal injury claim with a structured settlement is a decision that your personal injury attorney can help you make.
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A personal injury lawsuit can be a complicated process and if you want the best chance of being successful in a recovery then it is recommended that you consider obtaining legal representation. Your personal injury lawyer will help with the discovery and investigation process of your case. This is the phase of your lawsuit where information is gathered and evidence is developed. The information gathered during the initial investigation will help your personal injury lawyer put together a litigation strategy and an argument that will hopefully result in a reasonable settlement offer from the responsible party or parties. It is important to keep in mind that while your personal injury lawyer is investigating your case the insurance company for the opposing party will doing their own discovery as well. Elements of this investigation can include: finding and interviewing witnesses, evaluating physical evidence, reviewing police reports, collecting medical records, and retaining expert opinions when expert testimonial is needed to support theories of liability pertaining to defective products, machinery or the mechanics of an accident. This is why it is so important to keep good documentation from the start following a serious personal injury. The information you document will help your personal injury lawyer do his or her job in investigating your case.
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It's difficult to determine the exact money figure that is a fair amount in personal injury settlements. What a personal injury settlements attorney must determine is the dollar figure that a jury might reasonably award after they hear all the facts of the personal injury case and the damages that you or your family member has suffered as a result. Of courses, juries are made up of people - humans who bring to the courtroom their own personal experiences, inclinations and perhaps even prejudices. Personal injuries settlements attorneys must become adept at determining not only what a jury might do based on the evidence at hand, but what an insurance company might offer as well. Of course, the personal injury settlements attorney must also contend with insurance company attorneys who are paid to dole out the lowest financial amount they can get away with giving the victim. In order to make a determination of fair money figures in personal injury settlements, personal injury attorneys pore over their state's jury cases, looking at the circumstances, the evidence and the amounts awarded. These Personal Injury settlements attorneys familiarize themselves with the expenses that the victim will incur receiving ongoing medical treatment as a result of the personal injury. They calculate loss of wages both immediate and in the future for the lifetime of the victim or the estimated time period for recovery from the injury. In the case of death of the victim, the dependents of the victim as well as any other affected family member (a spouse who was dependent on the victim's wages, for example) may as well be entitled to personal injury settlements.
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If you have ever been involved an auto accident in Oregon you know that it alone can be a traumatic experience. When personal injury is added to the equation it can be physical and emotionally draining as well as have a significant impact on your family’s economic situation. Personal injuries from auto accidents can result in thousands of dollars in medical expenses, property damage and current lost wages as well as future earnings potential. In order to protect yourself it is vital that early on you retain the help of an Oregon attorney who is experienced in auto accidents involving personal injury. Because it can take some time to find an attorney to represent you in your case it is important that you take certain steps to protect your rights, preserve the evidence and ensure that you receive the compensation you are entitled to under the law. Also, if you know what to expect following an auto accident you will be better equipped to deal with the situation. The following are some areas of consideration following an auto accident where you have sustained a personal injury. Documentation The most important thing you can do to help your attorney prove your case is to document everything. Write down all contact information regarding all parties involved in the accident. These include drivers, passengers and witnesses. If possible obtain full names, addresses and phone numbers. Also, be sure to write down the names of the police officers who responded to the accident. In addition to contact information, be sure to obtain the names of the individuals to whom the vehicles are registered and insurance information including the names of the insurance companies and policy numbers. When you arrive home and while the accident is fresh in your mind you should also write down exactly what happened for future reference. This written statement should not be provided to anyone except your Oregon auto accident personal injury attorney. Also, document any other information which might be helpful to your personal injury attorney in investigating and proving your case. Things to consider include whether or not anyone at the scene admitted to being at fault and whether anyone appeared to be under the influence of drugs or alcohol. What to Expect Following your auto accident you will likely be contacted by an adjuster for one of the insurance companies insuring the other vehicles. The insurance adjuster will have a lot of questions and may want to take your statement either in person or over the telephone. It is important that not give a statement until you have discussed the matter with your attorney. Explain that you are more than willing to cooperate with their investigation but prefer to have your auto accident personal injury attorney present. Be prepared for the insurance company to make a small settlement offer to you in exchange for your waiving all your rights to future damages. Do not accept any offers until you have had a chance to discuss your case and obtain advice from a qualified auto accident personal injury attorney in Oregon.
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If you or a loved one has been seriously injured as a result of a health care provider who failed to properly treatment a medical condition you may have a potential claim against the health care provider for medical malpractice or negligence. Some example of medical malpractice include misdiagnosis of a serious or life threatening condition, nerve damage from negligent anesthesiology, failure to order proper testing, incorrect treatment, or failure on the part of hospital staff to correct interpret a physician’s notes resulting in improper treatment. Medical malpractice cases are expensive and time consuming due to the need for extensive discovery and investigation. Medical malpractice cases are also difficult to prove and win. For these reasons, it is very important that you have the right medical malpractice attorney handling your case. While many attorneys handle every day personal injury cases you will want to find a attorney specializing in medical malpractice or medical negligence. If you have suffered serious injury or death resulting in terrible pain and suffering as well as future economic hardship you deserve a medical malpractice attorney who has extensive experience and who has been successful in litigating medical malpractice cases. Experience The most important consideration in choosing your medical malpractice attorney is experience. The following are some questions to consider when evaluating a potential attorney's experience level. How many medical malpractice or medical negligence cases has he or she handled?What were the results? Did the majority of the attorney’s cases settle or go to trial? How much actual trial experience does he or she have?Is he or she familiar with the courts in your particular jurisdiction? Communication One of the most common complaints people have regarding their medical malpractice attorney is in the area of communication. You will want a medical malpractice attorney who will keep you up to date on the status of your case and who will be honest with you about your chances for success. In the same respect, you must be prepared to provide all of the necessary information and to be honest in all communication with your medical malpractice attorney. It is difficult to get an idea of how well a potential will communicate with you. The best way is to evaluate your potential medical malpractice attorney is during your initial consultation. Take your time to carefully consider the qualifications of the medical malpractice attorney that you choose to represent you and your family and don’t be afraid to ask questions.
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The personal injury lawyers at Paulson Coletti Trial Attorneys PC are a small, three-lawyer,
firm with the ability to hire the experts
and investigators that a case needs. We only
accept cases with merit that we believe
we can win. Click our areas of practice
to read a more detailed description of
the types of cases we accept and some
sample verdicts and settlements.
IF YOU OR A LOVED ONE HAVE BEEN SERIOUSLY INJURED BY THE FAULT OR
NEGLIGENCE OF ANOTHER, YOU NEED COMPETENT LEGAL COUNSEL TO ASSIST YOU IN
GETTING JUST COMPENSATION FOR YOUR CLAIM.
CALL PAULSON COLETTI TRIAL ATTORNEYS TODAY FOR A FREE CONSULTATION
(503) 226-6361
Paulson Coletti Trial Attorneys PC
1000 SW Broadway
Suite 1660
Portland, Oregon 97205
Telephone (503) 226-6361
Fax (503) 226-6276
* The firm has received the highest rating "AV" by Martindale-Hubbel. The
"AV" rating indicates very high to preeminent legal ability and very high
ethical standards as established by confidential opinions from members of
the State Bar.
Disclaimer: The personal injury, medical malpractice, dental negligence,
birth injury, traumatic brain injury, negligence, wrongful death, product
liability, accident or other legal information presented at this site
should not be construed to be formal legal advice, nor the formation of a
lawyer or attorney-client relationship. Any results set forth here were
dependent on the facts of that particular case and the results will differ
from case to case. Please contact a medical malpractice lawyer or personal
injury attorney at our office in Portland, Oregon. This web site is not
intended to solicit clients for matters outside of the States of Oregon or
Washington and may be considered advertising by the Oregon State Bar
Rules.
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