Car accidents are traumatic experiences that often leave a scar – psychologically and physically. This is especially so when the car accident happened through no fault of yours. If you or your loved one has been in a car accident due to another driver’s negligence, you are entitled to compensation for your injuries.
The compensation should cover any bodily injury you sustain and all damages to your car. But how do you go about getting compensation for a car accident in Portland? Are there special laws in Portland, Oregon that govern car accidents and getting compensated for them?
This article answers these questions and shows you how engaging a Portland car accident lawyer can improve the compensation you get.
Common Causes Of Car Accidents And Injuries Sustained In Them
Car accidents happen due to many different reasons. The common ones are:
- Reckless driving
- Driving under the influence
- Driving while distracted
- Running red lights and violating stop signs
- Highway defects
- Defective auto parts
- Inclement weather
- Wrong-way and improper turns
Injuries sustained in car accidents can be severe, and they include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis (quadriplegia/tetraplegia and paraplegia)
- Back Injuries
- Internal injuries
- Fractures and broken bones
- Disfiguring facial injuries and scars
- Limb loss and amputation
- Neck injuries and whiplash
- Knee injuries
- Foot and ankle injuries
- Shoulder injuries
- Wrist and hand injuries
- Lacerations, bruises, and “road rash.”
- Crush injuries
- Soft tissue injuries
- Post-Traumatic Stress Disorder
Getting Compensation In Portland: Is Oregon A “No-Fault” State?
A “no-fault” state is one in which every driver must carry personal insurance protection that will cover injuries and damages to their car, driver, and passengers. In states like this, when a car accident occurs, drivers must file a claim with their own insurance company, no matter who caused the accident.
Oregon is not a “no-fault” state; it is an “at-fault” state requiring that a driver responsible for the accident be held liable for it. However, Oregon requires that every driver carry personal insurance protection. Despite this, an injured victim in a car accident can hold the at-fault driver responsible for their injuries. In addition, they can sue the at-fault driver without any financial or verbal threshold.
The compensation (damages) you can recover in a car accident lawsuit in Portland is categorized into economic and non-economic. Economic damages compensate you for tangible injuries you sustained as a result of the car accident. They include medical bills, lost income, and property damage. Non-economic damages cover intangible injuries such as pain and suffering and future lost wages.
Oregon has a damage cap set in place for non-economic damages in a successful personal injury lawsuit, of which a car accident is one. The damage cap for non-economic damages is $500,000.
Statute Of Limitations In Car Accident Lawsuits
A statute of limitations is a time frame during which you are expected to file a claim for a personal injury case. If you do not file a claim within this time frame, you could lose your right to claim damages. In Oregon, the statute of limitations for personal injury claims is two years from the date of the accident. If the personal injury was a wrongful death, however, its statute of limitation is three years.
Note that the statute of limitations does not mean that you have to conclude your personal injury case within the stated time frame. It just means that you must have filed your claim before the time limit expires.
We Can Help You With Your Car Accident Lawsuit
If you or your loved one has been injured in a car accident in Portland, get in touch with Sean Bannon as soon as you can. He will discuss with the at-fault party on your behalf and ensure that you are made “whole” for your sustained injuries.