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Portland Personal Injury Lawyers / Blog / Car Accident / Oregon’s Modified Comparative Negligence System and Your Personal Injury Claim

Oregon’s Modified Comparative Negligence System and Your Personal Injury Claim


Oregon car crashes are one of the leading causes of unintentional injuries. Individuals who suffer physical bodily harm after a crash (or for another reason like medical malpractice or from slipping and falling) may exercise their right to file a civil claim for financial compensation. Civil cases, like personal injury suits, allow individuals who have suffered damages such as lost income, medical expenses, property damages, and more to recoup financial compensation for their losses.

Fault (or who is at fault) is a significant aspect of personal injury suits. To have a successful claim, you must prove that the other side was at fault.  Thus, one of the first steps (either in an investigation or a legal proceeding) is to determine who is at fault for an incident or how much fault each party involved shares. 

Depending on the allocation of fault, and the applicable rules of the state where the accident happened, some individuals will be able to secure compensation through a suit, while others will not.

Legal disputes can be complicated. Knowing the laws and your rights to compensation is critical. After an injury accident, having experienced and resourceful legal professionals on your side can help you recoup your losses. In Oregon, the Portland personal injury lawyers at Rosenbaum Law Group can help you with a personal injury claim.

Understanding How Modified Comparative Negligence Rules Will Affect Your Personal Injury Case

Comparative negligence is a system where more than one party can be deemed to have some proportion of fault for an accident. Oregon’s modified comparative negligence system indicates that all parties can be responsible for causing an accident, and obtaining compensation depends on the amount of fault a party has. 

In Oregon’s modified comparative negligence system, the 51% rule applies. This means that if a party is more than 50% responsible for causing an accident, they can no longer collect compensation.

Evidence that you gather from your accident can help your lawyer determine and prove who is at fault. For example, in a car accident, it is always a good idea to take pictures at the scene of the crash (before moving the vehicles if possible), talk with the other driver about what happened, get the names and contact information for any independent witness who saw the accident, and call the police.  Each of these steps can result in the obtainment of information that down the road may prove that the other driver was either completely at fault or simply more at fault than you were.  

Speak to an Oregon Personal Injury Attorney Today

If you were hurt in an injury accident as a result of the negligence of another party, call a Portland, OR, personal injury attorney at Rosenbaum Law Group at (503) 288-8000 to schedule a free consultation where you can discuss your case.



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