Brain Injury Attorneys Portland, Oregon
A traumatic brain injury (TBI) is one of the most damaging injuries that can occur during an accident. Many TBI victims experience severe cognitive damage that may result in permanent disability. If you believe you or your loved one suffered a TBI due to another’s negligence, you may be entitled to pursue compensation from the at-fault party. However, it may be in your best interest to consult with a trusted Portland brain injury attorney to discuss your legal options for holding the at-fault party liable.
At Rizk Law, our committed personal injury attorneys in Portland have helped numerous victims of negligence obtain the justice and compensation they deserve. We understand the seriousness of a TBI and how this condition can affect your life. Our TBI attorneys know how to build a head injury case that supports your claim against the at-fault party. We will review your claim and the accident that caused you or your loved one to suffer brain damage. Based on our findings, we will be able to inform you of which legal options may be available to recover maximum compensation.
Since Rizk Law was founded in 2001, firm founder Richard Rizk has strived to advocate for the rights of accident victims against insurance companies. We provide free and confidential consultations that come with no obligation of hiring our firm. If we represent you, we will not charge upfront fees for our services. You only have to pay us if we recover compensation on your behalf. There is no risk in working with us to recover the compensation you need.
Call 503.245.5677 to schedule a free consultation.
Determining Liability for a Brain Injury Case
To recover compensation for an accident that resulted in a TBI, you will need to show the other party is liable for your injury. This will require you to prove the accident resulted from the other party’s negligence.
During your free consultation, our Portland brain injury lawyers will examine several factors in your claim to determine if the other party acted negligently during the accident:
- Duty of care: The other party owed you a duty of care to ensure your safety, and act in a manner that prevented causing you harm.
- Breach of duty: The other party breached its duty of care by failing to exercise reasonable care during an accident. This means the other party acted or failed to act in a manner that a reasonably prudent person would have under similar circumstances.
- Causation: The at-fault party’s breach of duty caused the accident that resulted in your injury. This will require you and your attorney to establish a causal link between the at-fault party’s negligence and your TBI.
- Damages: You suffered damages as a result of the at-fault party’s breach of duty. This includes monetary damages, such as the cost of your medical treatment or income you lost while recovering from your TBI.
Proving liability in a personal injury claim can be difficult, especially if you are unfamiliar with Oregon’s negligence laws or how to handle an insurance company. A Portland traumatic brain injury lawyer will help you understand if you have a brain injury lawsuit against the party that caused you or your loved one to suffer a TBI. Your lawyer will work to establish liability by building a case that proves a causal link between your injury and the at-fault party’s breach of duty.
Complete a Free Case Evaluation form today.
Types of Brain Injury Cases We Handle in Portland
The brain is one of the body’s most vital organs and controls every physical and cognitive function we perform. If the brain is damaged due to an external source or traumatic event, it can cause serious disruption in your ability to live a functional and independent life.
There are three types of TBIs that you may suffer during an accident, each ranging in severity. These include:
When a person suffers minor cognitive damage after an accident, he or she may have suffered a mild TBI. Similar to a concussion, the effects of a mild TBI last for less than 30 minutes and may include symptoms such as:
- Sensitivity to light
- Memory loss
- Emotional volatility
Accident victims who suffer a moderate TBI may experience enhanced symptoms of a concussion. Typically, victims who experience a moderate TBI may suffer a loss of consciousness for several hours. Victims may suffer other symptoms, including:
- Speech impairment
- Loss of coordination
- Pupil dilation
- Memory loss
- Difficulty forming new memories
- Numbness in the hands or fingers
- Sharp head pain
- Blurred vision
- Involuntary movement
- Difficulty speaking
- Difficulty processing new information
- Reduced depth perception
A severe TBI is brain damage that results in a loss of consciousness for more than 24 hours. Accident victims who suffer a severe TBI often suffer severe memory loss, headaches and emotional volatility.
Victims who suffer a severe TBI may experience symptoms such as:
- Visual impairment
- Ringing in the ears (tinnitus)
- Sensitivity to light and sound
- Difficulty balancing
- Loss of senses, including sense, smell, taste or hearing
- Severe sensitivity to light and sound
All too often, TBIs go unnoticed by accident victims and health care professionals. Many of the symptoms of a TBI are similar to other medical conditions, which can result in a misdiagnosis. For this reason, it is imperative that you seek medical care after an accident. Your health care provider should examine the symptoms you are experiencing to correctly diagnose a TBI and help you receive the treatment you need.
Call 503.245.5677 to speak to a Portland brain injury attorney if you have been injured in an accident.
Causes of Brain Injuries
TBIs are a major cause of disability in the U.S. and contribute to a significant portion of all injury deaths. A TBI can be acquired in several types of accidents and situations, including:
- Birth injuries
- Playing sports
- Being struck by an object
During your free, no obligation consultation, one of our traumatic brain injury lawyers in Portland will review the cause of your TBI. If we find that you have a case against the at-fault party, we will not hesitate to pursue the maximum compensation you deserve.
Fill out our Free Case Evaluation form to get started.
Compensation for a Brain Injury Claim
Due to the severe effects of a TBI, many victims suffer long-lasting symptoms or permanent impairment. This may require extensive medical treatment to heal the victim’s injury. Furthermore, victims who suffer brain damage may require frequent assistance to perform everyday tasks. This can have a lasting effect on the lives of the victim and his or her loved ones.
For these reasons, victims who suffer brain damage may be entitled to pursue several types of compensation after an accident. By pursuing a personal injury case against the at-fault party, you may be entitled to receive compensation for:
- Past and future medical treatment
- Loss of income
- Loss of ability to earn an income
- Medical assistive equipment
- Doctors’ visits
- Hospital stays
- Medical transportation
- Medical testing
- Cost of a caregiver
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Loss of companionship
If you or someone you love suffered a brain injury, you may be entitled to file a claim against the at-fault party to hold him or her liable for your losses. However, you may consider contacting a brain injury lawyer in Portland to help you pursue the compensation you deserve. He or she will understand the value of your claim and help you negotiate with the at-fault party’s insurance company to recover the maximum compensation you deserve.
Call 503.245.5677 to find out if you are entitled to compensation.
Contributory Negligence in Oregon
In some cases, a victim may share liability with the at-fault party in causing the accident that resulted in causing his or her injuries. In this situation, Oregon uses contributory negligence to determine the amount of compensation the victim can still pursue.
Under contributory negligence, you may still be able to pursue compensation even if you are found to have caused the accident that resulted in your injury. Each party involved in the accident will be assigned a percentage of fault depicting his or her level of negligence during the incident. The maximum amount of compensation you may receive will be reduced by the percentage you are assigned.
For example, you may file a personal injury claim for $100,000 after suffering brain damage during a slip and fall accident. However, you may be found partially liable for causing your slip and fall accident and be assigned 40 percent of the fault. In this scenario, the value of your claim will be reduced by 40 percent, resulting in a new maximum value of $60,000.
Furthermore, Ore. Rev. Stat. § 31.600 states that accident victims cannot recover compensation if they share the majority of fault in causing the accident. If you are found to be 51 percent or more at fault for causing your own injuries, your case will likely be dismissed and you cannot hold the other party liable for the accident.
Unfortunately, insurance companies also use Oregon’s contributory negligence law to determine the amount of compensation victims may receive after an accident. This results in many victims being wrongfully denied the full compensation they deserve.
It may be in your best interest to contact an experienced Portland brain injury lawyer to protect your right to pursue a claim against the at-fault party. Your lawyer will understand your degree of fault in causing the accident and help you secure your right to hold the other party accountable for your injury and financial losses.
Complete a Free Case Evaluation form today.
How Long Do I Have to Recover Compensation?
To recover compensation after suffering a brain injury in an accident, you must be aware of the amount of time you have to pursue compensation from the at-fault party.
In Oregon, the statute of limitations for personal injury lawsuit is two years from the date you acquired your injury. This means you only have two years from the date your accident occurred to sue the at-fault party for causing your injury. If you fail to take legal action within the two-year statute of limitations, your claim will likely be dismissed and you will no longer be entitled to compensation.
All too often, accident victims wait until the end of the two-year statute of limitations to pursue legal action against the at-fault party. However, there are several time-consuming factors you should consider while filing a personal injury claim. Receiving medical treatment to care for your brain injury may take several months to complete. Likewise, your attorney will need time to gather evidence that can be used in a case against the at-fault party.
Because of this, you should contact an experienced traumatic brain injury attorney as soon as possible. He or she will know where your claim lies within the statute of limitations and will work to help you properly file your case within the two-year deadline.
Call 503.245.5677 to schedule a consultation as soon as possible.
Contact a Portland Brain Injury Lawyer
A brain injury can be devastating, and may cause a severe impact on the victim and his or her loved ones. This may include permanent disability and the need for life-long care. If you or someone you love suffered a brain injury that you believe was caused by another’s negligence, do not wait to contact an experienced attorney.
At Rizk Law, we understand the difficulties you and your loved ones may be facing after being injured in an accident. Our Portland brain injury attorneys are ready to help you pursue the justice and compensation you deserve. During your free, no obligation consultation, we will review the circumstances behind your accident and the severity of your injury. Based on our review, we will be able to inform you if you have a case against the at-fault party.
All of our services are provided on a contingency fee basis. We do not charge upfront legal fees and our clients only pay us if we help them recover compensation. We are prepared to pursue every legal option available to help you obtain justice for your brain injury.
Complete our confidential Free Case Evaluation form.