Any accident is unfortunate, but you must remain proactive when you have sustained severe injuries in an on-road incident in Lake Oswego because another driver was irresponsible. While there is enough information on the internet, don’t merely assume that your injury claim is similar to others. Instead, schedule a consultation session with a Lake Oswego car accident attorney soon and get bespoke advice on dealing with the insurance and legal process. In this post, we are answering some of the top questions that claimants often have on their minds.
Who is responsible for the losses?
Oregon is a fault state, which means the driver who is accountable for the car crash is also liable for the emerging losses. However, as the claimant, you must provide evidence to support the case and have the burden of proving their fault.
What if two drivers share the blame for a car accident?
The comparative fault rule in Oregon allows one driver to sue another when they are not more at fault than the latter. This is also known as the modified comparative fault rule. Also, settlements are adjusted according to the fault, which is considered in percentage. Take this example – You are 20% at fault and sued the other driver successfully for $100,00, but because you are partly liable, you can only recover $80,000.
How long does one have to file a car accident lawsuit in Lake Oswego?
The statute of limitations in each state sets a fixed time for filing car accident lawsuits. In Oregon, you have two years from the date of the mishap, but remember that you cannot sue the other at-fault party immediately. Typically, you will have to first file an insurance claim with their carrier. Talk to your lawyer about the process. If you want to file a civil lawsuit for property or vehicle damage alone, the deadline is six years.
Is it necessary to hire an attorney?
While state laws allow you to file an accident lawsuit without an attorney, this might not be the best step. Most firms in Lake Oswego work on car accident claims on a contingency fee, and the legal team will take care of your rights and ensure all deadlines are adhered to. The lawyer will also represent you in court if there is a trial. You cannot expect to have the experience or expertise of a skilled injury lawyer.
Call a local accident lawyer in Lake Oswego now!