Types of TBI’s
The Brain Injury Society identifies two types of TBI’s. The first is an open head injury and that occurs when a foreign object goes through the skull and then enters the brain. The second is a closed head injury and this occurs when someone experiences a bump or blow to the head. Closed head injuries are the more common of the two and often occur when a victim’s head strikes the windshield, dashboard, or steering wheel of their vehicle.
TBI’s can occur in a number of different ways. For instance, if you are heavily into sports, you may experience a concussion a few times which is return can cause a long-term effect on your brain and your body. Elderly individuals who aren’t cared for properly in a nursing home or other long-term care facility may fall, breaking their hip or other ligament in their body or suffer from head injuries. And as you know, many people who experience a fall during their senior years often are unable to recover from it.
Hiring an Oregon Accident Attorney to Represent My Case
Whether you have sustained serious, life-altering injuries or the damage caused is minor and you are expected to recover, the fact is, you have had to suffer because someone was negligent or partially at-fault for bringing upon these unwanted circumstances. Therefore, you are going to want to hire one of our accident lawyers in Oregon to help you become better equipped and ready to handle your case. Your injuries are more than likely compensable and we want you to find the perfect professional who can help you attain the maximum amount that your damages are worth.
Looking for Some Support?
Whether you are the victim yourself or are a family member of someone who is suffering from a TBI, The Brain Injury Alliance of Oregon has been developed to “create a better future through brain injury prevention, advocacy, education, research, and support.” They hold on-going events for those who are looking to learn more about this issue and give opportunities to those who already have a TBI to engage in other activities around those who suffer from the same injury.
You can contact the Brain Injury Alliance of Oregon by calling 1-800-544-5243 or by emailing [email protected].
Oregon personal injury lawyers help victims recover damages for injury and property loss?
Accident attorneys in Oregon can fight for a victim’s right to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages. Personal injury attorneys are aware of an insurance company’s desire to close out claims quickly, so it is imperative to contact legal counsel shortly after an accident to avoid an insurance company’s aggressive approach with a low settlement offer. Utilizing experts in various fields, a lawyer will build a strong case by sending investigators to the accident scene; reviewing police reports, witness testimony and medical reports; hiring appropriate financial experts to make valuations of loss; determining the cause of the accident; supporting victim’s rights against insurance companies; and drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, physical injury and wrongful death loss that requires legal action to address costs above insurance policy limits.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A Oregon accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation and assist in determining what types of compensatory award damages are necessary to address the economic losses, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic harms, including pain and suffering, loss of consortium, or companionship.
Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and awarded based on case pleadings. Punitive damages are not allowed in certain cases, an experienced lawyer can apprise victims on case-specific details.
Damage capitations.
Monetary awards in Oregon are capped for non-economic damages at $500,000. Accident lawyers can be of assistance for a variety of legal actions toward fiscal recovery after any motor vehicle, personal injury, premises liability, medical malpractice, or worker’s on-the-job accidental injury.
When personal injury is caused by another’s actions in Oregon, the statute of limitations gives an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An attorney can apprise individuals of any deviations from that timeline.
Motor vehicle.
In Oregon, an accident report must be filed with the Oregon Department of Motor Vehicles within 72 hours from the mishap if collisions result in death, injury, or significant property damage above $1,500. An auto accident attorney can explain Oregon’s car insurance requirements to carry both tort coverage options and no-fault options and how they will affect the recovery of compensation after an accident utilizing the “comparative negligence“ rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome.
Premises liability.
If an individual is hurt on another person’s property, they may take legal action if the accident was caused by poor property conditions, including improper maintenance, upkeep, or from unforeseen interactions with occupants, or pets/animals on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Oregon medical malpractice actions occur when a person is injured while under the care of a practicing health care professional. Legal action must be filed within the two year statute for injury, but always check with a medical malpractice attorney to ascertain if there are deviations from that timeline. Non-economic damages are capped at $500,000 in Oregon personal injury cases. Punitive damages may be prohibited in some cases against health care providers and a personal injury attorney can assist with explanation relevant to individual case actions.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Oregon Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In Oregon, family members, or legal representatives must file a wrongful death legal action within three years from the date of the incident that caused an untimely death, in order to secure compensation when a loved one dies because of the negligent, reckless, or deliberate act of another. This time limitation changes if alcohol, or a public entity was involved and an Oregon wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages compensation,
- Compensation for pain and suffering,
- Punitive damages based on individual case.
Accident victims should take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
