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Richard Rizk Blog
Fri May 7, 2010, 1:05 pm
Fear of Miscarriage: A Separate Pain & Suffering Claim :  The following information is important if you were injured in an automobile......
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Tue May 4, 2010, 6:04 pm
Oregon Uninsured Motorist Claims :  During a bad economy, we all cut costs. Now more than ever many Oregonians cut......
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Thu March 4, 2010, 4:15 pm
Basics of Oregon Ski Law:   "The Basics of Oregon Ski Law" was presented by Northwest Ski......
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Fri February 19, 2010, 4:12 pm
Water Losses: Pain & Suffering Damages:  Most states do not allow pain and suffering damages for property losses. Oregon......
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Wed January 27, 2010, 12:32 pm
Understanding Auto Insurance Coverages:  You were in an auto accident. You have insurance. So you are......
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Mon November 30, 2009, 6:37 pm
Insured v Insurer: Motivating Insurers :  You paid thousands in insurance premiums and have presented few, in any,......
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Mon November 30, 2009, 4:49 pm
Chart Notes & Insurance Claims:  It's not fair!! When it comes to claims, what happened in an accident matters......
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Wed November 25, 2009, 5:04 pm
Death and Serious Injury Claims against Drunk Drivers:  It happens in different ways. Jim should be alive. He waited for the crosswalk......
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Wed November 25, 2009, 4:32 pm
Life Insurance Disputes:   Knowing this might happen, you or your loved were responsible. A life......
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Thu October 1, 2009, 2:59 pm
Oregon PIP Insurance Update:  “PIP”, an acronym for Personal Injury Protection, refers to medical......
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Personal Injury Attorney, Portland, Oregon resolving auto insurance claims

Experienced and Effective Insurance, Personal Injury, Disability & Property Claims Attorney, representing clients in the Portland Metro Area of Oregon.

Richard Rizk Insurance Attorney
Personal Injury Attorney, Resolving Claims in Portland Oregon Richard Rizk is an Oregon Attorney who knows how to effectively resolve insurance, personal injury, property & disability claims. Because for over a decade, Richard represented the other side. That is, insurers and civil defendants-- litigating and appealing injury claims in Oregon and managing high exposure environmental claims across the U.S.

Mr. Rizk began his insurance career in 1988 at State Accident Insurance Fund (SAIF), Portland, Oregon. From 1989-90, he associated with the Portland law firm of Vick & Gutzler, where he authored pleadings and motions in disability contexts to the Oregon Court of Appeals and the Oregon Supreme Court. He then served as legal counsel to Wausau Insurance Company, representing policyholders in injury litigation. Later, in Chicago, Illinois, Mr. Rizk developed litigation strategies for The Nationwide Insurance Group. In this role, Mr. Rizk successfully resolved and directed high exposure, complex environmental insurance litigations on a national basis.

Armed with this experience, Mr. Rizk returned to Portland, Oregon to work with insurer law firms such as Bullivant, Houser, Bailey, PC and Abbott Davis Rothwell et. al. He has advised and defended many well known insurance companies.

In 2001, Mr. Rizk formed his own law firm in Washington County, Oregon. Since then, Mr. Rizk represents individuals and companies up against inhospitable insurers. He also pursues claims on behalf of employees subjected to employment discrimination and sexual harassment. Let Richard Rizk's understanding of the other side, work for you.

Education-

  • 1988: NORTHWESTERN SCHOOL OF LAW; Portland, OR
    Lewis & Clark College: JD
  • 1985: SOUTHERN METHODIST UNIVERSITY; Dallas, TX
    BA, Political Science; BFA, Advertising
  • 1981: CULVER MILITARY ACADEMY; Culver, IN
    Class of 1981

If you need a Personal Injury Attorney, Disability Attorney or Insurance Attorney in the Portland Metro area call Richard Rizk at 503-642-2114. Please feel free to look over our Case Studies and read our Law & News Blogs below.
Richard Rizk, Disability Attorney, Law Blog
Fear of Miscarriage: A Separate Pain & Suffering Claim
Posted: Fri May 7, 2010, 1:05 pm
by Richard Rizk

The following information is important if you were injured in an automobile accident while pregnant. The rule discussed below also applies for other personal injury claims suffered while pregnant.

Oregon Courts recognize a special claim of pain and suffering claim for fear of miscarriage.

Fehely v. Senders 170 Or 457, 135P.2d 283 (1943).

Fehely involved a plaintiff who was injured in a car accident. After the accident, plaintiff "was afraid of what the blow on her abdomen might do to the child or might do to herself. This apprehension continued until the baby came and for a few days thereafter." 170 Or. at 460. The baby was born healthy — "there was a normal delivery and normal baby." Id.

On appeal the Supreme Court framed the question as follows:  

"[W]hether the apprehension (which in this instance proved to be groundless) of a pregnant woman that her child may be born dead or deformed as the result of an injury to her person is an element of damage." Fehely, 170 Or. at 460.

Ultimately, after canvassing the law of several jurisdictions pertaining to the recoverability of emotional distress damages, the court concluded:

"We think that apprehension of that sort is the natural consequence of a blow on the abdomen such as the plaintiff suffered, or at least that a jury could so find, and that it could be mental distress the most acute."Id. at 474.

Fehely is remains good law. In fact, its application has expanded. For example, in Simons v. Beard, 188 Or. App. 370 (2003), the Oregon Court held that an emotional distress claim based for fear of losing an un born child requires neither:

1. Viability of the fetus; Simons at 381; nor,

2. Physical impact (as long as breach of care causing the apprehension exists); Simons at 383

If you were injured in an accident, due to the fault of another, while pregnant, contact Richard Rizk at (503) 245-5677 or rich@rizklaw.com. He can help you obtain the pain and suffering damages you deserve. 

Richard Rizk, Personal Injury Attorney, Disability Attorney, Insurance Attorney.

Richard Rizk Personal Injury Attorney, Beaverton, OR
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