Third-Party Claims

A third-party claim is a personal injury claim that occurs while you are at work but under the direction of someone other that your direct employer. When this happens, you have a workers' compensation claim against your employer and a third-party claim against the party who is not your employer but who directed the activity that harmed you.

If you think you have a third-party claim, contact me right away at 503 620-3171, or at slgabin@pacifier.com. After listening to your situation, I will tell you whether you have a valid claim to pursue and I will help you understand all of your options and how best to proceed. I have years of experience helping injured people obtain a recovery for their injuries. I will not stop working for you until after I have exhausted every avenue of appeal.

Time Limits

As soon as you think you a third-party claim, call me right away. Time limits for filing a lawsuit typically are two years from the date you have been hurt. However, some claims involve longer or shorter time limits. Some time limits may be as short as 60 or 180 days. It is critical, therefore, to call a lawyer to find out what needs to happen in your case. Do not lose a recovery by missing a deadline.

Fees

Fees are strictly contingent and set by statute. Attorney fees are 33 1/3 percent of the full recovery.

After deducting attorney fees, the workers' compensation carrier receives the lesser of the amount of its lien or two-thirds of what remains after attorney fees are paid. You receive at least one-third of what remains after attorney fees are paid, at least 22 percent of the full recovery.

Costs

In nearly all cases, I will incur out-of-pocket costs. These are not attorney fees, but are fees for such things as medical record duplicating charges, attorney/doctor conferences, treating doctor medical reports, forensic investigation, expert witness fees, filing fees, court reporting fees, arbitration and trial court fees, and so on.

I incur these expenses only when necessary to prepare properly. I am bound to follow Oregon State Bar ethical rules that require the client to assume responsibility for these costs if the client is able to pay. Therefore, I will bill for these costs but will not expect payment unless you can afford to reimburse me.

Free Consultation

Contact me right away at 503 620-3171 or at slgabin@pacifier.com for a free in-person consultation