Lake Oswego Brain Injury Attorney

If you or someone you love has recently suffered catastrophic brain or head injuries caused by someone else’s recklessness, you may have the right to take legal action against them. When you have a high-powered Lake Oswego brain injury lawyer from Paulson Coletti Trial Attorneys PC working for you, the claims process does not need to be intimidating.

Our decades of combined legal experience and numerous multimillion-dollar trial verdicts and settlements give us unique insight that makes our team uniquely qualified to take on your brain injury case. Connect with our Lake Oswego personal injury lawyers to explore your legal options for financial relief.

Common Kinds of Brain Injuries

The type of brain injury you are diagnosed with will have a tremendous impact on how much compensation you could be awarded. The greater the impact your brain injuries have on your life, the more you could expect to recover in damages. Some of the most common types of brain injuries our clients have struggled to cope with include:

To have grounds for a brain injury lawsuit, your condition must have a significant effect on your life in some way. While many people might write off a concussion, for example, as being a minor injury, depending on the severity of your concussion, you could be dealing with lasting side effects or even permanent brain damage as a result of a concussion. For this reason, it is imperative that we consider the full extent of your injuries and the way they are expected to impact your life to determine how much compensation we should demand in your personal injury lawsuit and insurance claims.

Top Causes of Brain Injuries in Lake Oswego

Arguably, the most important job we have after taking on your case is figuring out who is responsible for causing your injuries. Brain injuries are some of the most serious types of injuries possible in any type of accident. Here are some of the most common types of accidents our brain injury clients have reported:

Motor Vehicle Accidents

Motor vehicle accidents may be one of the most common causes of traumatic brain injuries (TBIs). Car accidents occur most often when other motorists drive recklessly. They may speed, drive distracted or drowsy, or operate a vehicle while under the influence of drugs or alcohol. However, commercial truck accidents, motorcycle accidents, pedestrian accidents, and other types of motor vehicle wrecks can also be caused by inclement weather, dangerous road conditions, and motor vehicle defects.

Premises Liabilities

Premises liability accidents include any type of injury that happens on someone else’s property. Premises liabilities can happen on public or private property. When the property owner fails to maintain the safety of their premises for invited guests and patrons, they can be held accountable for victims’ damages. Some of the most common types of accidents that have the potential to cause head trauma:

Our Lake Oswego Brain Injury Attorney Can Help You

Let Paulson Coletti Make a Difference in Your Claim

Your day-to-day life could be significantly affected by the brain injuries you suffered. No matter what type of accident you were involved in, when someone else is at fault, they should be brought to justice. Do not get stuck paying for someone else’s mistake or recklessness. With the support, resources, and legal advice of our firm, you can ensure the at-fault party compensates you for every single loss.

Paulson Coletti Trial Attorneys PC has over 50 years of experience and has successfully recovered multimillion-dollar settlements and trial verdicts for our clients. We are devoted to pursuing justice for injury victims and accident survivors across Oregon. When you need a legal representative you can count on to let your voice be heard, our team could be the right choice for your case.

It is our goal to hold at-fault parties accountable and demand justice on behalf of catastrophic injury victims throughout the state. As a boutique personal injury law firm serving both Washington and Oregon, you can get the legal help you need without having to tap into your personal finances. Take advantage of our no-win, no-fee guarantee. You pay nothing for our legal services unless or until we recover compensation for your damages. Our contingency fees are written in accordance with ORS § 20.340, protecting your rights every step of the way. Giving back to our community in this way is one of our top priorities.

Ways to Recover the Fair Compensation You Deserve

The liable party should be expected to compensate you for the full value of your damages and suffering. Unfortunately, holding the at-fault party accountable for their negligence may be far more challenging than you expected. Thankfully, there are multiple ways you can go about demanding the fair compensation you deserve.

How Insurance Claims Work

Since filing a claim with the insurance company is one of the top ways of recovering compensation for your damages, it is important to understand how Oregon handles insurance claims. The state operates under a fault-based insurance system as described by the Oregon Division of Financial Regulation. After an accident, you will typically file a claim against the liable party’s insurance policy, but your no-fault insurance coverage protects you if you have purchased that option. Otherwise, your claim will be filed against the liable party’s policy.

Since you are not dealing with your own insurance company, you may find the claims process to be difficult. You may believe that dealing with an insurance company is going to provide you with enough compensation to cover the full value of your damages. However, this is not the case. Insurance companies will only pay out up to the maximum policy limits as described in your policy terms.

This means there may be many types of damages that are not included in your settlement. The insurance company may delay processing your claim, misrepresent how much coverage the liable party has purchased, or otherwise attempt to reduce your payout. Some insurance companies will deny even the most deserving of claimants. Fortunately, with a dedicated Lake Oswego brain injury attorney handling your case, you can show the insurance company you mean business.

What to Expect From Your Brain Injury Lawsuit

Fortunately, filing a claim with the insurance company is only one way of recovering compensation after suffering a traumatic brain injury. Filing a personal injury lawsuit against the at-fault party may be in your best interest.

Maybe the liable party does not have enough insurance coverage to pay for the full value of your damages. Or perhaps the insurance company excludes specific types of damages you experienced, such as pain and suffering or lost wages. In any case, you can demand the liable party provide you with compensation for every single loss you endured when you file a civil claim against them.

Recoverable Damages Should Include Every Loss

The types of damages that could be awarded after you suffer a traumatic brain injury can vary widely on a case-by-case basis. Here are some of the most common types of damages awarded in brain injury lawsuits:

Loss of Income

You may be entitled to compensation for your loss of income. When you need to take time off work to heal from your brain injuries or cannot return to work due to the severity of your injuries, you may demand compensation for your lost wages and reduced earning capacity. You may also be able to demand reimbursement for your loss of employee benefits, such as paid time off or health insurance coverage.

Medical Bills

The treatment for your traumatic brain injuries may have incurred hundreds of thousands of dollars or more in medical expenses. The at-fault party should be expected to cover every single cost related to your brain damage and any future care you might require as well. While insurance may cover a portion of your medical bills, it may not pay for everything. Taking your case to court, you can ensure the liable party compensates you for your:

Emotional Damages

The emotional distress that comes with an injury as severe as brain trauma is undeniable. Depending on the severity of your injuries, you may be relying on home healthcare providers to help you complete daily living tasks. This can be extremely difficult for people to cope with. In addition to emotional distress, you may be entitled to other types of non-economic damages, such as:

Oregon Injury Laws That May Impact Your Case

Oregon Injury Laws You Need to Know

Understanding which Oregon injury laws could have the greatest impact on your case is crucial. As you move through the claims process, you do not want to be caught off guard. With that in mind, here are some of the most important tort laws that could influence either your ability to pursue your case or the amount of compensation you could recover.

Oregon Personal Injury Statute of Limitations

The statute of limitations is one of the most important personal injury laws you need to be aware of. According to ORS § 12.110(1), you only have two years to file your brain injury claim before the deadline expires. Now, there may be some situations where you have more time to file your claim.

For instance, if your child is a minor and your child is the one who suffered a traumatic brain injury, the statute of limitations may not begin counting down until your child reaches the age of 18. The statute of limitations could also pause if the at-fault party leaves the state of Oregon or your injuries are not diagnosed until a later date.

However, these extenuating circumstances are rare. If you miss the claim filing deadline, you should expect the civil court system to refuse to hear your case. This could severely limit the amount of compensation you could recover for your damages.

Modified Comparative Negligence

It is also important to consider how sharing liability for the accident could influence the outcome of your case. Oregon is a modified comparative negligence state per ORS § 31.600(1). This means when you are partially at fault for causing your brain injury, you could still receive a settlement as long as your percentage of blame is less than the 50% threshold.

You are more than 50% at fault, you lose the right to receive a settlement at all. If you are less than 50% at fault, you will not receive the full amount of compensation you were awarded. Instead, your percentage of blame will be taken out of your settlement. For instance, if the judge found you 5% at fault because you were not wearing a bicycle helmet when you were struck by a drunk driver, you would not receive 100% of your award. Instead, you would be entitled to 95% of whatever you were awarded.

Try not to panic if the liable party blames you for the accident. Victim blaming is common in personal injury cases, especially when the defendant can reduce their liability by placing unjust blame on you. However, by building a powerful case against them, we can ensure liability is established accurately which should protect your brain injury settlement.

Speak With a Top-Rated Lake Oswego Brain Injury Lawyer for Help Today

When you are ready to learn more about how your brain injury insurance and civil claims might unfold, do not hesitate to contact a reputable brain injury lawyer in Lake Oswego from Paulson Coletti Trial Attorneys PC to discuss the specific circumstances of your case.

Our team will learn more about the accident you were involved in, identify the liable party, and hold them accountable to the full extent of the law. When you are ready to demand justice, fill out our online contact form or call our office at (503) 226-6361 to schedule your free, no-obligation consultation as soon as today.