After you have been hurt in an accident, your main priority should be your physical and emotional recovery. As part of this process, however, it is important to assess the financial impact of your injuries and try to hold accountable any other parties that were responsible for them. I am Sara L. Gabin, and I have been an accident lawyer practicing in the Portland area since 1981. I am dedicated to helping my clients meet their goals, such as getting back to work and enjoying their favorite activities, without the burden of extensive medical costs or other hardships.
My practice represents individuals who have been harmed in all kinds of accidents, such as motor vehicle collisions, slip and falls, and third-party claims by injured workers and medical malpractice incidents. I understand that all situations are different, and I will take the time to go over your specific circumstances to help you consider all your alternatives.Pursue a Negligence Claim to Seek the Compensation You Deserve
If you have been injured due to someone else’s careless actions, you may pursue a negligence claim against an at-fault party or his or her insurance company. A defendant, or at-fault party, may be found negligent when a plaintiff, or accident victim, proves the following elements:
- The defendant owed a duty of care to the plaintiff;
- That duty was breached by the defendant’s carelessness;
- The breach directly caused harm to the plaintiff; and
- The plaintiff sustained actual damages as a result.
The duty of care is usually defined as what a reasonable person would do in a similar situation, but it can vary across different contexts. For instance, property owners owe visitors the obligation to maintain their premises in a safe manner. If a business fails to fix a broken step or another hazard, it may be held liable to a customer harmed by that carelessness. It will be essential to show that the accident would not have happened if the defendant had taken proper precautions. Once negligence is shown, an injured person may be able to seek damages in the form of past and future medical expenses, lost income or earning capacity, pain and suffering, property damage, and more.
Timing is important following an accident that leads to a personal injury lawsuit. Claims must be made within two years of the date that you discovered that you were hurt. Often, injured individuals may feel pressure from an at-fault party’s insurance company to settle quickly, before they have an opportunity to speak with an attorney. You should not rush into accepting one of these offers without consulting legal advice on whether it is fair for your situation. It is important to take the time to determine the best course of action for your goals and recovery needs. Sometimes it is best to settle without bringing suit. Other times it necessary to file a lawsuit and go through various phases of litigation. On occasion, a case is appropriate for formal mediation by a trained mediator. Each case comes with its own special issues.Consult an Injury Lawyer to Bring a Claim in the Portland Metropolitan Area
If you have been hurt in an accident resulting from someone else’s carelessness, I can help evaluate your case and advise you on the next steps to consider. As an injury attorney for over 30 years, I have represented victims in Portland and other areas of Multnomah, Clackamas, Washington and Yamhill Counties in many types of claims. I can protect your rights tenaciously during all phases of the adversarial process, from settlement through trial. If you need legal help for an accident claim, you can reach Sara L. Gabin at (503) 620-3171 or through my contact form to discuss your case. Free Consultation.