If you’ve suffered an injury in Portland, you may be wondering if a personal injury lawyer can help you even if you were partially at fault. The answer is yes – personal injury attorneys can often recover compensation for clients who were contributorily negligent. Read on to learn more about how comparative negligence works in Portland and how a personal injury lawyer can assist you.
What is Comparative Negligence?
Oregon follows the doctrine of comparative negligence. This means if an injured person was partially at fault for causing their own injuries, their compensation may be reduced based on their percentage of fault. However, it does not completely bar them from recovery like contributory negligence laws in some states. An experienced personal injury attorney understands how to negotiate and litigate your case for maximum compensation, even when comparative negligence applies.
Examples Where Comparative Negligence Can Apply
There are many types of accident injury cases in Portland where comparative negligence may come into play:
Premises Liability Cases
Premises liability refers to cases where property owners are responsible for injuries sustained on their property due to unsafe conditions. For example, if you slip and fall in a store because of a wet floor that wasn’t clearly marked, you may be able to sue the store owner. However, if you were partially at fault, say by not paying attention to where you were walking, your compensation could be reduced. The median award in premises liability cases is $90,000.
Dog Bite Injuries
Dog bites are unfortunately common in Portland, with around three people bitten per day on average. While the dog owner is usually liable for bites, comparative negligence may apply if the victim provoked the dog or trespassed onto the owner’s property. A personal injury lawyer can help negotiate a fair settlement and prove any negligence by the owner, like failing to restrain the dog.
Auto Accidents
In motor vehicle collisions, it isn’t always 100% clear who was at fault. Contributing factors like speeding, distraction, impairment, and failure to yield can be argued by insurance companies to assign partial blame to the injured driver. The median auto accident settlement is $16,000, but a personal injury attorney can help you recover the maximum damages possible given the comparative negligence rules.
Other Cases
Comparative negligence also frequently comes up in cases involving defective products, construction accidents, bicycle collisions, and more. An attorney can advise you on liability and damages no matter what type of accident caused your injuries.
How a Personal Injury Lawyer Can Help
An experienced personal injury lawyer has the skills and knowledge to assist clients who were partially at fault for their injuries, including:
- Investigating the accident to determine liability and collect supporting evidence.
- Negotiating with insurance adjusters to maximize compensation offers. Adjusters often try to exaggerate an injured victim’s negligence to minimize payouts.
- Retaining expert witnesses to analyze liability questions and challenge unreasonable charges of comparative negligence.
- Advocating for their clients in court if a fair settlement cannot be reached. An attorney understands Oregon negligence law and how to present arguments to judges and juries.
- Advising clients on reasonable compensation amounts so they don’t accidentally settle for less than their case is worth.
Don’t Assume You Can’t Get Help
The doctrine of comparative negligence is nuanced and fact specific. Just because you were partially at fault does not mean you cannot recover damages with the help of an experienced personal injury attorney. Contact a lawyer for a consultation to evaluate your potential case.
