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Oregon Personal Injury Clients can Seek $10,000 and their Attorney’s Fees under ORS 20.080 Effective January 1, 2012
November 18th, 2011
Effective January 1, 2012, ORS 20.080 increases to $10,000. This means personal injury victims and claimants in the Portland area and throughout Oregon can seek up to $10,000 in damages, which can include medical expenses, lost wages and/or non-economic damages for pain and suffering. If the at-fault person (tortfeasor) or that person’s insurance company does not comply then the claimant can also seek their attorney’s fees in addition to $10,000. (more…)
Wrongful Death Claims in Oregon
May 26th, 2011
In Oregon, when a person dies under certain circumstances, the death can give rise to a civil wrongful death claim for monetary damages. Oregon law allows for a wrongful death claim or lawsuit when the death of a person is caused by another’s negligence, recklessness or intentional conduct. Under ORS 30.020, the wrongful death action is brought by the personal representative of the decedent’s estate, for the benefit of the decedent’s beneficiaries. The statutory beneficiaries include the decedent’s spouse, children, and parents. In some instances, step-parents and step-children can qualify as beneficiaries of the decedent’s wrongful death claim. (more…)
Sexual Harassment Judgment – Multnomah County
May 20th, 2010
I recently obtained a $550,000 judgment in favor of my clients in Multnomah County Circuit Court in the case of Herrman et al. v. Hahn. I represented three female realtors who were repeatedly sexually harassed by their principal real estate broker and supervisor in a Portland Metropolitan area real estate office. The defendant’s conduct ultimately led to my clients’ constructive discharges because the working conditions were so intolerable. The judgment includes non-economic and punitive damages, and reaffirms Oregon’s policies and laws strictly prohibiting sexual harassment in the workplace.
The Power of ORS 20.080
February 10th, 2010
ORS 20.080 has always assisted injury victims in recovering from the at-fault party in smaller Oregon personal injury cases. Finally, after many years, the Oregon Legislature has increased the amount injured persons can claim under the statute from $5,500 to $7,500, effective January 1, 2010. That amount jumps up to $10,000 in 2012.
Under the new ORS 20.080, a personal injury claimant must make a written demand for damages, up to $7,500, on the at-fault person and the at-fault person’s insurance company, if known. The demand must cite to ORS 20.080, include proof of damages (i.e., medical records, medical expenses, bills, etc.), and provide the at-fault party thirty days to settle. (more…)
Oregon Bans Use of Hand-Held Cell Phones While Driving
February 5th, 2010
Recently Oregon joined a small number of states in the country and banned the use of hand-held cell phones while driving. As of January 1, 2010, it is illegal to drive a motor vehicle and use a hand-held cell phone in Oregon.
The ban applies to talking and texting while the car is moving and stopped. If caught, the violation will cost the offender $142. However, hands-free devices are permitted. Unfortunately, driving with a hands-free device may not be any safer than driving with a hand-held cell phone.
Research shows that drivers are four times more likely to be involved in a collision when they are using a cell phone. Research also shows that hand-free devices are not more safe because the conversation itself creates the distraction. (more…)
Are You Adequately Insured? (Understanding the Importance of Uninsured/Underinsured Motorist Coverage)
December 8th, 2009
Most people take their auto insurance for granted. Oftentimes auto insurance becomes another monthly, quarterly or bi-yearly expense we must pay. But when was the last time you looked at your motor vehicle insurance policy to assess if you are properly insured? Do you know how much coverage you currently have on your vehicles?
Oregon law requires drivers to purchase a minimum of $25,000 in auto liability insurance. However, in many cases, this minimum coverage is not nearly enough to protect you in the event you are involved in an accident caused by another driver. It does not take much of a collision for your damages for medical expenses, lost wages due to injury, future medical expenses and pain & suffering to surpass the $25,000 minimum insurance requirement. That is why you cannot count on other drivers to be adequately insured. There are too many drivers on the road with the minimum required insurance coverage and some who drive without insurance. (more…)
- Travis J. Mayor - Attorney at Law
Law Offices of Michael L. Rosenbaum - 1826 N.E. Broadway, Portland, OR 97232
travis@mayorlaw.com 503-288-8000