Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Oregon for guidance specific to your situation.
Detailed Answer
1. Understand Oregon’s Comparative Negligence Rules
Oregon follows a pure comparative negligence system. Under ORS 31.710, you can recover damages even if you were partly at fault. However, the court will reduce your award by your percentage of fault. For example, if you suffered $50,000 in damages but were 20% at fault, your recovery drops to $40,000.
2. Collect and Organize Evidence
Strong evidence strengthens your bargaining position. Gather:
- Police reports and diagrams.
- Photographs of vehicle damage, road conditions, and injuries.
- Medical records, treatment bills, and doctor’s statements.
- Witness statements or contact information.
3. Calculate Your Damages
Include both economic and non-economic losses:
- Economic damages: Medical expenses, lost wages, rehabilitation costs.
- Non-economic damages: Pain and suffering, emotional distress.
Use these figures to create a written demand package outlining your total losses and the legal basis for recovery.
4. Prepare a Clear Demand Letter
Your demand letter should:
- Summarize the accident scene facts.
- Cite Oregon’s liability standards, such as ORS 31.190 (joint and several liability) when multiple parties share fault.
- Detail your damages with supporting documentation.
- Set a deadline for response (typically 30 days).
5. Leverage Early Mediation or Alternative Dispute Resolution
Oregon encourages mediation and settlement conferences. Under ORS 36.220, courts may order mediation. An impartial mediator can help bridge gaps and reduce legal fees.
6. Negotiate Strategically
During negotiations:
- Start slightly higher than your minimum acceptable figure to leave room to compromise.
- Highlight your strongest evidence and legal authorities.
- Be ready to justify each line item of your damages.
- Listen to the insurer’s counterarguments and request clarifications.
7. Consider Structured Settlements or Lump-Sum Offers
Insurers sometimes propose a structured settlement that pays over time. Evaluate the long-term financial impact and tax consequences. You can negotiate for a lump-sum if you prefer full control of funds immediately.
8. Know When to Involve an Attorney
If negotiations stall or fault allocation becomes complex, consulting a personal injury attorney can increase leverage. Attorneys understand Oregon rules on evidence discovery (ORS 36.220), expert testimony, and trial strategies.
Helpful Hints
- Keep a detailed injury and expense journal from day one.
- Obtain periodic medical updates to document ongoing care.
- Follow all doctor’s orders to avoid arguments about “failure to mitigate” damages.
- Avoid posting accident details or medical status on social media.
- Get all settlement offers in writing before accepting.
- Check deadlines for filing a lawsuit—personal injury claims in Oregon generally must be filed within two years (ORS 12.110).