What are the four key elements to prove liability in a personal injury case?

In order to make a personal injury claim in Oregon, the injured party must provide a burden of proof. The four key elements include: duty of care, breach of duty, causation, and damages.

Do you have a personal injury case?

While each case is different, you may have a case if the following occurred: the other party was negligent or reckless, their actions caused your injuries, and/or you suffered damages as a result. It's best to consult with a personal injury attorney to help you determine whether you have a strong case.

How much is your personal injury case worth?

Determining the value of a personal injury case is a complex process that requires careful consideration of various factors, like the severity of your injuries, the impact on your daily life and ability to work, medical expenses, and long-term implications of the injuries. The best way to determine the value of your case is to consult with a personal injury attorney. Many, like SLP Injury, will offer free consultations and work on a no-win, no-fee payment structure.

Is settling or going to trial for a personal injury case better?

Many personal injury cases will end in a settlement before they reach trial, especially when they involve insurance companies. Reaching a settlement means that you and the defendant agree on terms. Settlements are final. The results of a personal injury trial are largely left up to a judge or jury, and you can't always predict the chances of winning a personal injury lawsuit. The plaintiff, with the guidance of their attorney, must decide whether to settle or take a case to trial, depending on the circumstances of their case.

What happens in you are partially at fault for an accident in Portland?

Oregon operates under "modified comparative negligence," meaning you can collect damages if the fault attributed to you does not exceed 50% of the total fault. The amount you are entitled to receive will be reduced by an amount equal to your negligence percentage.

Do I really need a Portland personal injury attorney?

If you were injured because of someone else's actions or inaction, don't try to handle it alone. Medical bills, missed work, and pressure from insurance companies can pile up fast. A skilled Portland personal injury attorney can step in, take that pressure off your plate, and fight to get you the compensation you deserve.

Award-Winning Portland Personal Injury Attorneys

Q: What is the statute of limitations on a personal injury case in Portland?

In Oregon, the statute of limitations for many personal injury cases is two years. However, some types of injury cases have their own dedicated statute of limitations, with the shortest being 180 days for claims against public bodies.

Q: What are the steps I should take after an injury?

Our attorneys recommend taking the following steps after an injury. First, preserve any accident-related evidence, like damaged clothing, broken items, or other objects involved in the incident. Next, take pictures of the scene. Third, get statements and contact information from anyone involved, including witnesses, property owners, and anyone potentially connected to the event. Fourth, get medical treatment, even if you don't think your injuries are serious. Fifth, maintain a thorough record of all medical treatment to prove the extent of your injuries.

Q: How much does a Portland personal injury lawyer cost?

Most Portland personal injury lawyers, including the team at SLP Injury Law, work on a contingency fee basis. That means you pay nothing upfront. We only get paid if we win your case, and our fee comes out of the final settlement, not your pocket.

Q: What should I look for in a personal injury attorney?

Not all law firms are the same. When you're injured, look for a lawyer with real trial experience, not just quick settlements, a proven track record with cases like yours, direct attorney access, and clear, honest communication about your case from day one.

Portland Personal Injury Lawyers

You Have Questions, We Have Answers.

When an accident turns your life upside down, the next steps can feel overwhelming. How do you cover your bills? Who’s responsible? Is the insurance offer even fair?

That’s where we come in.

At SLP Injury Law, our Portland personal injury lawyers have spent decades helping people through moments just like this. No upfront fees. No fine print. Just honest answers and legal firepower when you need it most.

Your consultation is free and holds no obligation. Let’s figure out your next move together.

An Award-Winning Portland Law Firm

Swanson, Lathen, Prestwich, P.C. have the distinction of being a proven Oregon personal injury law firm, thanks to top rankings and coveted awards from independent publications and organizations.

Person sitting next to car after accident on cell phone

Injured in Portland?

You Don’t Have to Handle It Alone

You’re driving through downtown, walking near Burnside, merging onto I-5, and in an instant, everything changes. Now you’re in pain, missing work, and facing a mess of medical bills with no clear path forward.

Meanwhile, the insurance company’s calling. The paperwork’s piling up. And no one’s giving you straight answers about what you’re owed.

We’ve been here before. Since 1958, we’ve helped thousands of Oregonians navigate this exact moment, securing millions in compensation for injury victims who deserve better.

At SLP Injury Law, our Portland personal injury lawyers know the city inside out. From St. Johns to Sellwood, we understand the roads, the courts, and the tactics insurance companies use to minimize what they pay. Based an hour south in Salem, we serve clients throughout the Portland metro through in-person consultations, phone calls, or video conferences, whichever works for you.

We never represent insurance companies. Our nationally recognized attorneys focus exclusively on fighting for injury victims, and with over six decades of results to back it up, we know how to win.

Let’s talk. Your case consultation is free, and you don’t pay unless we win.

Schedule a Free Consultation

Client Reviews

Swanson Lathen Prestwich, PC

4.6

Based on 59 reviews

review us on

Arthur Porter

19:21 04 Jan 23

I was involved in an accident, and was having difficulties dealing with my insurance company.
One of my neighbors recommended me to Brian Lathen, after a very prompt meeting I retained his services.
Durring a long and tiring process, the staff at Swanson Lathen and Prestwich made me feel so much more comfortable, and helped greatly in getting through it.
Along with now having a trusted lawyer/allie to call if anything unexpectedly happens in the future. I feel like I had made a friend.
Thank you.

Mindy Michelle

21:53 15 Dec 22

Swanson Lathen Prestwich is a Godsend!

I was in a terrible car crash, literally caused by another person who admitted fault to the police, to their own insurance, to my insurance and I STILL had to fight for fair compensation. Realizing I needed to get a lawyer involved, an acquaintance recommended Travis Prestwich.

After meeting Mr. Prestwich, I was immediately at ease. He was very knowledgeable, kind, welcoming and realistic. I appreciated that he actually listened to me and provided information that helped me get into the right mind frame. Travis was very patient and kind and responded to questions rather quickly. I appreciated his realistic approach and learned quickly that other lawyers, judges and community members, highly respect him; which was a huge sign that he was the right person for my situation!

His staff, Carrie Meeker and Jennifer Hiser were equally phenomenal during the process! They were also very kind, empathetic, knowledgeable and responded to inquires in a timely manner and were just wonderful to work with. As odd as this sounds, I really enjoyed talking with them and knew that once my case with over with that I would miss all three of them.

When the time came, and I had to go through a settlement hearing, Travis was by my side the whole way through. The unknown always frightens me but he found a way to keep me at ease with his calm demeanor. This review doesn’t even do this trio justice! They are wonderful people and did a phenomenal job on my case.

I pray I never have to go through this process again however if I do, Travis will be the very first person I call. I HIGHLY recommend Swanson Lathen Prestwich and Travis Prestwich, Carrie Meeker and Jennifer Hiser!! I wish there were more people out there like them! I give them an A+++

Molly

04:43 21 Oct 22

Mr. Prestwich and his entire staff were nothing but kind, supportive and professional through the entire process of helping me with my car accident settlement. The outcome was exactly what I had hoped for and it was all because of the hard work that was done by this office.

Captain Morgan

13:53 17 Oct 22

Myself and my family have worked with Keith Swanson since the late 80's.
Unfortunately when an accident occurs you need to make good decisions.
You can't go wrong with Keith.
He's an amazing man. Honest, straight forward and well respected in the industry.
Not to mention one of the best accident attorneys in the profession.
Thank you Keith, and Chris.

Nathan Cook

00:34 18 Jan 18

Great Services! Helpful reception. Brian Lathen was great and helped a lot.

Types of Personal Injury Cases

Personal injury cases in Portland encompass a wide variety of incidents where an individual is harmed because of another party’s negligence, recklessness, or intentional actions. There are many causes for these types of incidents, including car accidents, medical malpractice injuries, and even defective product injuries. No matter the cause of your injury, we’re here to help you receive the compensation you deserve. We start working for you immediately with zero upfront legal fees and only get paid if you do.

Car Accidents

We stand up to insurance companies to get your rightful compensation.

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Pedestrian Accidents

We hold reckless drivers accountable and don’t back down.

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Motorcycle Accidents

We ensure your voice is never silenced after you or a loved one has been hit.

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Trucking Accidents

Medical bills from trucking accidents should never be your responsibility; let us help.

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Premise Liability

Our attorneys make sure property owners answer for your needless injury.

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Nursing Home Neglect

We fight for seniors’ right to dignity and respect.

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Sexual Abuse

We validate your experience and go after your abuser.

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Mesothelioma

After asbestos exposure, you deserve compensation for medical bills.

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Wrongful Death

Your loss can never be forgotten, but those responsible can be held liable.

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Traumatic Brain Injury

We seek relief for the emotional and financial burden you now shoulder.

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Defective Products

We don’t back down from corporations whose negligence has hurt or killed innocent people.

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The crunched front bumper of a car that's been in a car wreck in Portland

Do I Have a Case?

If you or a loved one has been injured due to another person’s carelessness, you may wonder if you have a personal injury claim. While every situation is different, you may have grounds to pursue compensation if the following occurred:

The other party was negligent or reckless
Their actions caused your injuries
You suffered damages as a result

If you can establish these elements, you likely have a valid claim. However, personal injury situations vary widely. The best way to know for sure is to consult with an attorney.

We’ll meet with you to evaluate the strength of your claim. Our attorneys will review the details of your accident, gather evidence, and help you understand your rights. We’ll also guide you through the best steps to take moving forward.

What are the Steps I Should Take After an Injury?

The aftermath of an accident can be confusing and alarming. However, taking certain steps to protect your health, legal rights, and ability to seek compensation is important. Our attorneys who specialize in Portland personal injury law recommend taking the following steps after an injury:

1. Preserve Any Accident-Related Evidence

Keep any physical evidence, such as damaged clothing, broken items, or any other objects involved in the incident, to help you establish what happened. Keep a detailed record of the events, such as the time, locations, and weather conditions surrounding the accident. Document everything as soon as possible before it’s altered, lost, or inaccessible.

2. Take Pictures of the Scene

Some of the most powerful pieces of evidence are photographs. Take pictures from various angles, including wide shots, to show the overall scene. Include photos of any injuries or property damage. Include relevant details, such as hazards that could have contributed to the incident.

3. Get Statements and Contact Information from Anyone Involved

Exchange information with everyone involved in the incident, including witnesses, property owners, and anyone potentially connected to the event. It is important to collect names, addresses, phone numbers, and insurance details. If the accident occurred in a business or public area, get contact information from employees or agents who can assist in your case.

4. Get Medical Treatment

It’s essential to receive medical treatment as soon as possible, even if you think your injuries aren’t serious. Some injuries, such as soft tissue damage, concussions, or internal injuries, might not be immediately apparent but could have long-term effects. Visiting a medical professional not only ensures that you’re receiving treatment but will also help document medical records.

5. Keep Up with Medical Records

Maintain a thorough record of all medical treatment to prove the extent of your injuries. Keep copies of medical bills, prescription receipts, hospital records, and any physical therapy notes. If you cannot work because of your injury, record any lost wages or work limitations imposed by your doctor. Keep track of all follow-up appointments, surgeries, medical tests, and ongoing pain or discomfort. Maintaining these records helps to demonstrate the severity of any injuries and their long-term impact on your case.

woman in blue dress talks on phone with personal injury attorney in parking lot

What is the Statute of Limitations on a Personal Injury Case in Portland?

Understanding the statute of limitations in Portland is essential for several reasons. If your injury has passed the statute of limitations, or the deadline to file a case, the Oregon civil court system will likely refuse to hear your case. In Oregon, the statute of limitations is two years, meaning that you have two years to file a lawsuit from the date you were injured. This statute of limitations applies to many different types of injuries, including:

Slip and fall accidents
Car accidents
Dog bites
Assault or other intentional acts

However, other types of injury cases have their own dedicated statute of limitations, such as:

Wrongful death lawsuit: three years from the injury-causing act or omission, not necessarily from the date of death (this may add more urgency to filing your case sooner)
Medical malpractice: two years
Personal injury cases involving those with disabilities, mental conditions, or minors under 18 years old: one year after they turn 18 or up to five years past the date of the accident
Product liability: two years
Injury to real or personal property: six years
Claims against public bodies: 180 days

Don’t miss your deadline for filing a case. Schedule your free consultation for the best chance of success.

Proving Liability/Elements of Proof in Portland

In order to make a personal injury claim in Oregon, the injured party must provide a burden of proof, which means they must be able to prove that the defendant is liable for the injury. The injured party (plaintiff) must demonstrate four key elements:

Duty of care – This is a legal obligation arising from the relationship between the parties or the circumstances of the situation.
Breach of duty – The plaintiff must prove the defendant acted negligently, recklessly, or intentionally, leading to the plaintiff’s injury.
Causation – The plaintiff must establish causation after demonstrating a breach of duty. In other words, the plaintiff must show the defendant’s actions directly caused the injury.
Damages – The plaintiff must also show the actual damages that occurred due to the incident, such as physical injuries, medical expenses, lost wages, and pain and suffering.

When you file a personal injury case, you need to prove the accident happened the way you say it did. The legal standard is simple: show that your version of events is more likely true than not.

Even if you made a mistake that contributed to the accident, you can still get compensation. Oregon law says you can recover money as long as you weren’t mostly at fault. This is called modified comparative negligence.

Let’s say you were 20% responsible and the other party was 80% responsible. You can still get paid for your injuries. So if your total damages are $200,000, you would receive $160,000 (your $200,000 minus the 20% you were at fault).

Most accidents aren’t black and white. Our Portland personal injury lawyers will review your case, figure out who’s responsible, and build the strongest claim possible.

A personal injury victim with a wrist brace on reviewing the information to help prove liability with a personal injury attorney in Portland

FAQs for Portland Personal Injury Lawyers

How much does a Portland personal injury lawyer cost?

You can work with a top personal injury lawyer without any upfront costs or financial risk. Our team at SLP Injury Law works on a contingency fee basis, which means you pay nothing unless we win your case.

Our fee comes directly from the settlement we secure for you. If we don’t win, you don’t owe us a dime. You get experienced, dedicated legal representation without worrying about how you’ll afford it.

What should I look for in a personal injury attorney?

Not all law firms are the same. When you’re hurt, the lawyer you choose matters. Here’s what to look for in a Portland personal injury lawyer:

Trial experience. Some firms settle quickly just to move on. You want a lawyer who’s prepared to fight in court if that’s what it takes.
A track record with cases like yours. Whether it’s a car accident, pedestrian injury, or something else, make sure they’ve handled similar situations.
Direct access to your attorney. You shouldn’t be stuck talking to a paralegal every time you have a question.
Honest communication. You deserve to know what’s happening with your case, even when the news isn’t what you want to hear.

At SLP Injury Law, we’ve been doing this for over 60 years. We don’t cut corners, and we don’t make promises we can’t keep. You’ll work directly with experienced attorneys who genuinely care about getting you the compensation you deserve.

Do I need a personal injury attorney if the insurance company already made me an offer?

Yes, and here’s why. Insurance companies often throw out lowball offers early, hoping you’ll accept before knowing the full extent of your injuries or future expenses. A Portland personal injury lawyer can review the offer, calculate what your case is really worth, and negotiate for a fairer deal. You get one shot at compensation. Make it count.

How much is my case worth?

Determining the value of your claim depends on several factors: the severity of your injuries, how they impact your daily life and ability to work, your medical expenses, and any long-term effects. Liability, insurance coverage, and shared fault also play a role in what you’ll receive.

Our experienced Portland injury attorneys have handled thousands of claims and can provide an estimate based on your specific situation. Contact us for a free case review. We’ll evaluate your claim, explain how these factors apply to you, and fight for fair compensation.

Should I settle or go to trial?

Most personal injury claims settle before trial. Why? Because trial outcomes depend on a judge or jury, and results can be unpredictable. Insurance companies often prefer to settle rather than risk a larger verdict.

A settlement means you and the defendant agree on a specific amount. This can happen before or even during trial. Keep in mind that settlements are final. Once you sign the agreement, you give up the right to pursue additional claims related to the accident, even if new complications arise later.

Our attorneys will help you evaluate any settlement offer and advise whether it’s fair or if taking your claim to trial makes more sense for your situation.