You were skiing or snowboarding. Then a rider from above, cruising at a high speed, slammed into you from behind. That other rider or snowboarder was negligent and should be held responsible for your injuries and pain and suffering. A key is identifying the bad rider before he or she takes off. All ski injury…
Oregon officials warn that more Oregon pedestrians than ever are dying as the result of collisions with cars. Oregon Department of Transportation (ODOT) reports that so far this year (2012) 52 pedestrians have died after encounters with motor vehicles. 52 beats the entire year of 2011 and, we have not reached December yet. The total…
Most sports fans and parents now know that concussion, especially repeated concussion, can cause permanent brain damage. But did you know that head injury may cause even more serious long- term consequences? Yes, even more serious than permanent brain damage. According to Neurology, the National journal of the American Academy of Neurology, National Football League…
Sexual assault and rape are, of course, are the most extreme examples of sexual harassment Rape and sexual assault are by their very nature, unwelcome. So, in virtually every circumstance rape and sexual assault are “sexual harassment”. Other sexual conduct amounts to sexual harassment because of the circumstances in which the conduct occurs. For example,…
Wednesday March 28 Oregonians learned that the city of Salem Oregon and the Salem Fire Department settled an employment discrimination claims following a civil rights investigation launched by the Oregon Department of Justice. Complaints by Oregon firefighters and guardsmen alleged discrimination and retaliation in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA)…
Wrongful death occurs when a victim is killed as a result of a lack of reasonable care under the circumstances presented. A wrongful death claim belongs to a victim’s survivors. Such survivors may seek monetary damages to compensate for the consequences of such improper conduct. A wrongful death claim differs from a simple negligence claim…
A Physical Capacity Evaluation “PCE” (also known as a Functional Capacity Evaluation “FCE”, a Functional Capacity Assessment “FCA” or Work Capacity Evaluation “WCE”) consists of a battery of tests designed to determine ability to perform physical work. These tests measure range of motion, strength, stamina, and ability to lift/carry. The tests are administered by a…
You have a long term disability claim. But now the Long Term Disability Carrier or disability “Plan” seeks to recover from you outstanding medical costs… costs your disability insurer never fully paid in the first place. On January 16, 2011 the United States District Court sitting in Seattle will hear, for the first time, whether…
Most states do not allow pain and suffering damages for property losses. Oregon is an exception. In Edwards v Talent Irrigation District, 280 Or. 307, 309, 570 P.2d 1169 (1977), defendant’s negligent acts caused water from their irrigation ditch to flood the plaintiff’s property. The court awarded the plaintiff damages for “mental anguish” as a result of…
Dear Richard: My situation was so incredibly ridiculous that no one believed me until I brought my case to you, you stood up for me when no one else would, you were my voice when I didn’t have one, and you never backed down. You stood strong by my side while we fought the battle…