What am I entitled to if I prove a property owner is liable for my injuries?
If you can prove that the property owner or the owner’s employee or agent was negligent, you are entitled to recovery of your medical bills, along with non-economic damages, which includes pain and suffering. If you lose work as a result of the injury, you may be entitled to a wage loss claim or possibly a lost earning capacity claim or substitute domestic services. If any of your property was damaged, you may be entitled to recover the value of the property that was damaged. Occasionally, you may even be entitled to punitive damages, which are meant to punish the property owner. An example of when you might be eligible for punitive damages would be if the business owner or an agent of the business owner intentionally caused your injury. Unfortunately, pursuant to ORS 31.735, 70% of all sums specifically designated as punitive damages shall be paid to the State of Oregon. Insurance companies obviously have a good lobby here in Oregon.
Collections: In order to collect, hopefully the property owner has assets or insurance.
What is my claim worth? Each case is individually evaluated. Below are some of the factors used to determine the value of your case:
- Severity of your injury
- Prognosis of your injury
- Nature and extent of your pre-existing medical conditions, if any
- Whether or not you contributed to your injury in any way
- Amount of past medical bills
- Amount of any identifiable future medical bills
- Past lost wages and any future wage loss
- Lost earning capacity
- The inability to perform any activities due to your injury
- Amount of recovery time
- The likelihood of collecting, even if we win
- The difficulty of collecting, even if we win