Author Archives: Jay Butchko
How Long Do I Have to File an Oregon Personal Injury Lawsuit Against a Non-Resident of Oregon?
Time is often not on your side when it comes to personal injury claims in Oregon. The general rule is that you have two years from the date of your injury to file and serve a lawsuit on the defendant; i.e., the person whom you alleged caused your injury. This statute of limitations is… Read More »
Frequently Asked Questions About Pedestrian Accident Compensation in Oregon
Portland has some of the strongest legal protections for pedestrians in the country. Of course, that does not mean the roads are necessarily safe for people who choose to walk rather than travel by car, bicycle, or motorcycle. Sadly, we represent many pedestrian accident victims who suffer serious and sometimes fatal injuries while attempting… Read More »
Is an Oregon Company Liable for an Employee’s Intentional Infliction of Injuries?
Oregon employers are often held “vicariously” liable for the negligent acts of their employees. For example, if a store hires a driver to make deliveries, and in the course of performing that work the driver runs a red light and hits another car, the victims in the other car can file a personal injury… Read More »
Does a Jury Verdict Need to Be Unanimous in an Oregon Personal Injury Lawsuit?
While most Oregon personal injury cases are settled out of court, some go to a jury trial. And one thing that you may not realize is that in Oregon, a civil jury does not have to render a unanimous verdict. In fact, the Oregon Constitution expressly states, “In civil cases three-fourths of the jury… Read More »
Oregon Appeals Court Revives Lawsuit Against Logging Companies Over Teenager’s Death
We often hear stories about fatal logging accidents killing timber workers here in Oregon. But unsafe logging job sites can also kill or seriously injure others who are not affiliated with the timber industry. For example, in 2021, a 15-year-old girl from Washington State died in an all-terrain vehicle (ATV) accident at an unmarked… Read More »
Does a Lack of a “Wet Floor” Sign Prove a Portland Business Owner’s Liability for a Slip & Fall Accident?
Slip and fall accidents often occur because of a wet floor that is not clearly identified as such. Most people understand that if they see a “wet floor” sign that they need to be careful when walking to avoid slipping. But in the absence of such signage, it may be difficult–if not practically impossible–for… Read More »
5 Common Reasons Why Oregon Insurance Companies Deny Car Accident Claims
Recovering from a car accident is often a physically, emotionally, and financially draining process. On top of recovering from your injuries and continuing to pay your bills, you also face the prospect of dealing with one or more insurance companies. Ideally, your insurance claims go through without a hitch. Unfortunately, the reality is often… Read More »
When Is an Oregon Landlord Liable for a Tenant’s Injuries?
Oregon personal injury cases based on premises liability usually focus on accidents that occur when the victim is injured on someone else’s property. For example, if you slip and fall at the supermarket due to a safety hazard the owner should have noticed and remedied beforehand, you can file a personal injury lawsuit to… Read More »
How Do Moody Claims Work in Oregon?
In its landmark 2023 decision Moody v. Oregon Community Credit Union, the Oregon Supreme Court held that an insurance policyholder could sue their insurer for emotional distress for negligently handling a valid first-party claim. Although Moody involved a life insurance policy, the Supreme Court’s decision opened the door for juries to award emotional distress… Read More »
Can Oregon Courts Mandate Arbitration of Wrongful Death Claims?
Arbitration is a form of alternative dispute resolution commonly used in place of traditional courtroom litigation. Essentially, an arbitrator–or sometimes a panel of arbitrators–hears the dispute and issues a ruling. An arbitration ruling, called an award, is then legally binding on all parties involved, often with only a very limited right of appeal. Oregon… Read More »