
Oregon Personal Injury FAQs
If you've been injured in Oregon, you probably have questions about what comes next. These answers cover the most common ones across all the cases we handle.
For anything specific to your situation, a free consultation will give you a clearer picture.
Also, refer to each of our Legal Services pages for practice-specific questions about auto accidents, trucking accidents, pedestrian accidents, and many more.
FAQs / Auto Accidents
How does High Desert Law handle a case from start to finish?
When you contact us, we start by understanding what happened and what you're facing. From there, we build the evidentiary record, manage all communication with insurance companies, coordinate documentation of your injuries, and prepare your case for the best available outcome — whether that's a negotiated settlement or trial. You make the decisions. We handle everything else. Learn more about Our Approach.
Do I pay anything upfront to hire High Desert Law?
No. We work on a contingency basis — there are no fees unless we recover for you. Your first consultation is free and carries no obligation.
Should I contact High Desert Law before talking to the insurance company?
Yes — before any insurer, including your own. Early statements are frequently used to limit what a company pays. Once you speak with us, we manage that communication on your behalf.
How do I know if I have a personal injury case in Oregon?
Generally, if someone else's negligence caused your injury, you have grounds for a claim. Oregon's fault-based system means the responsible party — and their insurer — can be held accountable for your damages. The strength of your case depends on the specific circumstances; a free consultation will tell you where you stand.
What happens if I was partly at fault for my injury?
Oregon uses modified comparative negligence. Your compensation is reduced by your percentage of fault — but as long as that percentage is below 51%, you can still recover. We make sure fault is allocated based on the actual evidence, not an insurer's initial framing.
How long do I have to file a personal injury lawsuit in Oregon?
In most cases, Oregon's statute of limitations gives you two years from the date of injury to file a claim (ORS 12.110). Some situations — involving minors, government entities, or delayed injury discovery — have different timelines. Don't assume the window is open or closed without speaking to an attorney first.
Who pays my medical bills while my case is ongoing?
Oregon requires all auto insurance policies to carry Personal Injury Protection (PIP) coverage (ORS 742.524), providing a minimum of $15,000 toward medical costs regardless of fault as well as partial payments of wage loss if you are out of a job for two weeks or more. This applies to incidents involving an automobile, including if you have been hit by one while riding a bike or as a pedestrian. PIP is a starting point — a personal injury claim against the at-fault party addresses the full scope of your losses beyond PIP. See our article on how to deal with medical bills after a car accident for more info.
If a vehicle is not involved — for example a case involving a slip and fall or a dog bite — there may be coverage commonly known as no-fault medpay. This is where the property owner can purchase optional insurance, which functions much like PIP, providing benefits for medical coverage without regard to assessing liability or fault. Call us to find out more.
Should I accept the first settlement offer from an insurance company?
Not without legal counsel. First offers are typically made before the full extent of your injuries and losses is known. Accepting early can mean leaving significant compensation on the table — particularly for injuries with long-term consequences.
What types of damages can I recover in a personal injury claim?
Recoverable damages typically include medical expenses, lost wages, future care costs, and non-economic damages such as pain, reduced quality of life, and psychological impact. The specific damages available depend on the nature of your case and your injuries.
Can I sue a bar or restaurant if a drunk driver injured me?
Possibly. Oregon's Dram Shop law (ORS 30.950) allows claims against licensed alcohol providers that served a visibly intoxicated person who then caused harm. If the driver who hit you was overserved, that establishment may share liability alongside the driver. See our page on drunk driving accidents for more information.
What makes trucking accident cases different from regular car accident claims?
Commercial trucks operate under federal regulations — the FMCSRs — governing driver hours, maintenance, and cargo loading. Liability can extend beyond the driver to the trucking company, vehicle owner, and cargo loaders. Evidence moves fast in these cases; early legal involvement is especially important. More information is here.
Does it matter if a brain injury symptom showed up after the accident?
No — delayed symptoms don't eliminate your right to recover. Oregon's discovery rule may extend the filing deadline when a diagnosis or its connection to the accident wasn't immediately apparent. Speak with an attorney before assuming the window has passed.
Who can file a wrongful death claim in Oregon?
A wrongful death claim must be filed by the personal representative of the deceased person's estate, on behalf of the surviving family members (such as a spouse, children, or parents). The purpose of the claim is to seek justice and provide financial stability for the family's future. It can recover damages for the family's financial losses as well as for the profound, intangible loss of a loved one's companionship and society.