What is a Wrongful Death Action?

General Information on Wrongful Death cases in Oregon:

When someone dies in Oregon as a result of another’s wrongdoing or omission, it is possible that action can be brought against the wrongdoer, and those actions are considered to be purely statutory. This means that the law is written by legislature, it’s not part of common law – and that means there can be limits placed on the amount of recoverable damages, unlike in common-law personal injury cases. Oregon has had a Wrongful Death Act in place since 1862.

The plaintiff in a wrongful death case is called the personal representative. Obviously, if someone is deceased, they can’t bring action against the wrongdoer themselves, so usually a surviving family member is petitioned to act on behalf of all of the beneficiaries. That personal representative is said to have the same rights that the decedent had at the time of their death. Beneficiaries could be anyone who would stand to inherit the personal property of the decedent.

Follow this link for more information on wrongful death cases in Oregon, and keep in mind the experience of the personal injury attorneys at Dwyer Williams Potter LLP when it comes to receiving the settlement you deserve!

 

Have a Safe and Happy Holiday!

Dwyer Williams-Potter Law StaffFrom all of the personal injury attorneys and everyone here at Dwyer Williams Potter, please enjoy a safe and happy holiday time, and don’t forget a few simple things to get you and yours through the next few weeks with minimal mishaps:

  • Use a designated driver or take a cab if you enjoy a few drinks at the party. Have a plan to spend the night or an alternative way home.
  • Wear your seat belt and drive defensively – it may not be you that causes the accident, but injuries may be avoidable.
  • If you host a party, don’t forget to include non-alcoholic beverages and check in with your guests before they leave – having a number to the local cab company handy can be a life-saver – literally!
  • When walking or riding a bike in the dark, remember to wear bright, reflective clothing for yours, and everyone’s safety.

Settlement for Portland Pedestrian Injured in Hit and Run

Our client in this dramatic pedestrian hit-and-run case was reported to have “flown through the air” after being hit by a driver on the roadway where he was walking. The driver sped off after the accident occurred. In the meantime, our client was transported by ambulance from the accident site to a local hospital, where he was admitted into intensive care. He had suffered serious injuries including a ruptured spleen, renal injuries, rib fractures, and multiple contusions and abrasions. He was discharged five days later.

Portland Oregon Serious Accident LawyersTwo months after being released from the hospital, our client began to experience headaches. He was also experiencing continued pain in his middle to lower back. He sought treatment for what was diagnosed as high blood pressure in several emergency rooms over the next month. Between his emergency room visits, his frequent scans and blood tests, and the consultations he had to do with a cardiologist specialist, our client’s medical bills were through the roof and he did not know how to proceed.

This injured pedestrian had heard of our Oregon personal injury law firm‘s reputation for diligent work on behalf of injured people throughout the state of Oregon. This is the main reason why he contacted the personal injury team at Dwyer Williams Potter Accident Injury Lawyers and hired us to represent him.

Once retained as counsel, we were able to establish a PIP claim with the at fault driver’s insurance company and that got all of our client’s medical bills paid. Our client was fairly compensated for the pain, suffering, and disruption to his life that their irresponsible insured driver has caused.

Fair Settlement for Injured Taxi Cab Passenger

Our client in this Portland Oregon car accident was seated in the back of a taxi when the crash occurred. As our client’s taxi entered an intersection, the defendant ran a red light and collided with the taxi, causing it to careen into a telephone pole. The police were called to the scene, where the defendant admitted that he had driven through the red light and was issued a citation for failing to obey a traffic control device. Our client was immediately transported by ambulance to the emergency room, wearing a C collar.

Portland Oregon Taxi Cab Accident InjuryOur client suffered headaches, facial abrasions and contusions, neck pain, and arm pain as a result of this crash. While in the emergency room, she had to undergo CT scans of her head, face, and cervical spine, and to get her right arm X-ray-ed. She was referred to a physical therapist and saw that PT as well as a massage therapist for treating her neck.

Because our client was a passenger in a taxi, there was no PIP available to pay her medical bills. PIP benefits are only available for vehicle drivers who are involved in accidents. Additionally, she had no health insurance so there was no avenue to have her bills paid while she was receiving treatment.

This injured passenger called the experienced Portland car accident lawyers at Dwyer Williams Potter Accident Injury Attorneys because she knew our reputation for diligently representing our clients. Once she had retained us to represent her, we were able to convince all of her medical providers to hold their bills, explaining that we would satisfy them upon the resolution of her case. 

We successfully negotiated a settlement with the at-fault driver’s policy that not only paid our client’s medical bills but that also compensated her for the pain, suffering, and disruption to her life that she had experienced.

Generous Settlement for Slip and Fall Accident Victim

Our client in this premises liability injury case was injured while a visiting her sister’s apartment complex. Late in the evening, our client went to retrieve some overnight items from her car in the apartment complex’s he apartment complex had hired a company to trim some of the tree limbs around the complex and the workers failed to properly clean up afterward. Our client did not see the loose tree limbs on the ground until it was too late: she stepped on one, fell, and was badly injured.

Portland Oregon Slip and Fall Injury AttorneysOur client was not insured at the time of the accident, but she went to the hospital anyway to get medical attention. Not knowing how to address her medical bill issue, she contacted the Portland Oregon slip and fall attorneys at Dwyer Williams Potter and asked us to represent her. Our dedicated premises liability attorneys learned that the apartment complex had no-fault medical insurance on the property. The complex’s insurer immediately paid our client its medical limits. Next, we contacted our client’s various medical providers and agreed to pay them out of the proceeds of the settlement for continuing to treat our client.

In the end, our client was able to get the treatment that she needed and to make a full recovery from her accident-related injuries. After she had fully recovered, we settled her case for a fair value. We were all thoroughly pleased with this result.

Fair Settlement for Oregon Couple Injured in Out-of-State Accident

Our client in this auto accident injury case was visiting the East Coast with his wife when the collision occurred. As he was driving, another motorist who was speeding in the fast lane suddenly tried to merge into our client’s lane. Unfortunately, he hadn’t left enough room to enter the lane without hitting our client’s car.

Oregon Auto Accident And Personal Injury AttorneysOur client was immediately injured by the impact of the collision. He and his wife visited the local emergency room immediately after the accident, but they decided not to seek any additional medical attention until they returned to Oregon after their vacation had ended.

Our client called the experienced Portland Oregon auto accident injury attorneys at Dwyer Williams Potter as soon as he had finished getting treated for his injuries. He needed help filing his out-of-State auto accident claim and knew our firm’s reputation for experience and dedication.

Our attorneys made contact with the at-fault driver’s insurance company and began negotiations. We were able to treat the case similarly to an Oregon case and ultimately we both claims for a fair amount. Our client and his wife made a full recovery.

Six Figure Settlement for Injured Portland Motorcyclist

This client was recently injured in a Portland motorcycle-auto accident.  While our client was riding through an intersection, a pickup truck turned in front of him, colliding with him and knocking him to the ground. Due to the extent of his accident-related injuries, our client required hospitalization for seven days following the accident. His most serious injuries included a fractured left elbow and a fractured pelvis that required surgery.

Portland Auto and Motorcycle Accident Injury LawyerIn addition to needing home health assistance directly after the accident, our client’s treatment required many follow-up doctor visits and extensive physical therapy. The main legal problem our client faced was that, because this was a motorcycle accident, there were no personal injury protection benefits available to pay his medical bills or wage loss. His health insurance company initially denied his medical bills because the accident was the fault of a third party.

He called the experienced Portland motorcycle and auto accident injury attorneys at Dwyer Williams Potter LLP so that we could help him get the compensation he deserved after this traumatic accident. We were quickly able to get our client’s health insurer to pay all of his medical bills. We also obtained a policy limit settlement with the at-fault driver’s insurance company and an under-insured settlement through our client’s insurance company.  Altogether, he recuperated a six figure settlement because of our help – smiles all around.

Pain and Suffering Settlement for Store Slip and Fall Accident Victim

Our client was shopping at a big box retailer with her daughter at the time of this accident. As she walked down an aisle she slipped and fell onto the floor. Once she had collected herself, she noticed that the floor she was standing on was covered in standing water. A wet floor warning sign had been set up at the end of the aisle, approximately 40 feet from where she fell. Apparently, the store had been aware of the spill and had done some clean up but not enough to keep its customers safe.

OurOregon Slip and Fall Injury Attorneys client injured her hip as a direct result of this fall. Although the claims adjuster made her a settlement offer, that offer only covered her medical bills. Our client felt that she was entitled to pain and suffering compensation as well and she hired our experienced Portland slip and fall injury law firm to help her increase the settlement being offered to her.

After evaluating our client’s claim, we discussed it with her and sent a demand package to the retail store.  Several rounds of negotiation later, the case settled for a fair amount including all of our client’s accident-related medical expenses as well as compensation for her pain and suffering.  We were able to get our client three times the pain and suffering amount that she had been offered prior to hiring the seasoned Oregon premises liability attorneys at Dwyer Williams Potter LLP.

Portland Schools’ Bus Safety Reports Are Alarming

According to recent research published by the Oregon Department of Education, Portland school buses are in dire shape.  Since 2007, certified state as well as school district inspectors have been responsible for keeping buses in safe running condition.

Portland Oregon School BusAccording to the data, Oregon’s school bus inspectors found buses that were in such poor shape that they had to be immediately taken out of service.  The true scope of this problem remains unknown.  As Steven Huillet, former Director of Pupil Transportation for ODE, explained to reporters at KVAL: “we have two people… assigned to inspect the school buses for 196 districts.”

Reports released by On Your Side inspectors reveal that the ODE has not been able to inspect any district’s buses more than once in the past five years.  Steven Huillet added that, in his estimation, upward of three quarters of our state’s buses go un-inspected on any given year.  How is your school district doing?  Read the stats here.

Out of State Auto Accident Injury Victim Gets Settlement

Our client in this case was visiting Portland from another state.  As he was driving his truck, he came to an intersection downtown where he had a green light.  He was half way through the intersection when another motorist ran a red light, t-boning our client’s truck and injuring him.

Portland Oregon Auto Accident Attorneys Portland Oregon Auto Collision Lawyers Settlement Reached in T-Bone Accident at Portland Oregon IntersectionOur client received some medical treatment for his accident-related injuries while he was in Oregon, but decided to return to his home state before his injuries had healed and before they had been fully treated.  Due to the extent of his injuries, it took our client a week and a half to get home.  During his trip home, our client treated for his accident related injuries in several other states.  He was unsure how to handle his Oregon accident from his home state so, once he was home again, he called Dwyer Williams Potter LLP to represent him.  He knew that he needed the help of experienced Portland auto accident attorneys.

Once we had been retained to represent him, we located all of places where our client received treatment for his accident-related injuries and gathered his medical records and bills together.  We were able to discuss his case with him over the phone.  As soon as he completed his treatment, we sent out a demand package and began trying to resolve his case.

After several rounds of negotiations, the case settled for a fair value and our client was very happy with the result.

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