If you've suffered from an accident that caused injury, you might be wondering how the other party will be held accountable. This is where determining liability comes in. However, determining liability can be a tricky task that varies between different states. If you or a loved one has been injured in Portland, OR, it’s important to be aware of how this is handled.
What Is Liability?
Liability refers to the legal responsibility held by a party for causing injury or damage. This could be an individual, a business, or an organization. When a person or entity is deemed liable, they are held accountable for any harm caused and may be required to provide compensation to the affected party.
Types of Damages That Can Be Recovered
If you're pursuing a personal injury case in Oregon, it's important to understand the types of damages you can recover.
Damages can include:
- Economic damages: These are damages that have a quantifiable monetary value, like medical bills and lost wages from time off healing.
- Noneconomic damages: These damages are more subjective and can include items like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: Punitive damages may be available if the at-fault party behaved recklessly or egregiously.
Determining Liability in Portland, Oregon
Oregon's comparative negligence law adds an extra layer of complexity when determining liability in legal proceedings. This law means that your own level of negligence will impact the amount of damages you can recover from the other party.
In Oregon, the legal system employs a modified comparative negligence rule. This means that if you're involved in an accident and you share some of the blame, then the amount you'll receive in compensation will be reduced by the percentage of your fault. However, if you're found to be more than 50% responsible for the crash, then you won't be able to recover any damages from the other party.
Modified Comparative Negligence Example
For example, if you were in a car accident where the other driver ran a red light, but you were injured while not wearing a seatbelt, assigning fault can be a complex process. If you weren't wearing a seatbelt at the time, even if you didn't cause the accident, you may still be found partially negligent. As a result, you could be assigned 25% fault for the accident, meaning that the damages you recover will be reduced by 25%.
In another example, perhaps you were in a car accident where the driver sideswiped you. In the aftermath, you were assigned 60% fault because you were texting and driving at the time. Since you were found to be more than 50% responsible for the crash, you wouldn’t be able to cover damages from the other party.
Overall, when it comes to determining fault in a car accident, the process can be complex and challenging. Insurers and attorneys must examine multiple factors, including police reports, witness statements, state vehicle codes, and more to determine liability.
Contact Our Attorney for Help
Suffering an injury due to someone else's negligence can be a traumatic and overwhelming experience. At Angel Law, P.C., we understand the physical, emotional, and financial toll it can take on you and your loved ones.
Our experienced personal injury attorney can provide you with the support, guidance, and representation you need during this challenging time. We are passionate about helping our clients seek the compensation they deserve and holding those responsible accountable.
If you or a loved one has been injured in an accident, don't hesitate to contact us today for a consultation. Call (503) 862-8666 or send us a message online to get started.