Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
In Oregon, resolving a personal injury claim that includes lost wages depends on several factors. The process generally follows these stages:
- Pre-litigation negotiation (3–12 months): Your attorney gathers medical records, wage statements, and supporting evidence. They send a demand letter to the insurer. When liability and damages are clear, insurers often settle without a lawsuit.
- Filing a lawsuit: If negotiations stall, your lawyer files a complaint. Under ORS 12.110 you have two years from the date of injury to sue (ORS 12.110).
- Discovery & mediation (6–18 months): Parties exchange documents, take depositions, and may attend court-ordered mediation or settlement conferences.
- Trial (if needed): Taking a case to trial can add several months to years, depending on court schedules and case complexity.
- Post-judgment collection: After securing a verdict or settlement, collecting awarded lost wages may require additional time.
Simple claims often settle in 6–12 months. Complex disputes or contested liability can extend the timeline to 1–3 years or more. Early legal advice and thorough documentation accelerate resolution.
Helpful Hints
- Maintain detailed records of all lost wages: pay stubs, employer statements, and tax returns.
- Complete medical treatment before settling to accurately calculate future wage loss.
- Track out-of-pocket expenses such as mileage and prescription costs.
- Seek legal counsel early to preserve evidence and meet critical deadlines.
- Note the two-year statute of limitations under ORS 12.110 to avoid forfeiting your claim.