Comparative Negligence in Oregon: What Car Accident Victims Need to Know
You were in a crash. And now someone, an insurance adjuster, the other driver, maybe both, is suggesting you were partly…
60+ Years of Personal Injury Experience in Salem
After an injury, we know you have questions. The Salem personal injury lawyers at Swanson, Lathen, Prestwich, P.C. are here to provide answers and guide you toward justice. Start with a consultation. It’s completely free, confidential, and carries no obligation. Meet with us via phone, video, or in person at our Salem office.
3040 Commercial St. SE Suite 200
Salem, OR 97302
Protecting Our Hometown – Salem’s Trusted Legal Experts
The personal injury attorneys at Swanson, Lathen, Prestwich, PC have been fighting for Salem residents for over 60 years—because this isn’t just where we work, it’s our hometown. As Salem grows, so do the challenges its residents face, from dangerous intersections on Mission Street to reckless drivers on I-5. When accidents happen, we’re here to make sure you get the justice and compensation you deserve.
From car and motorcycle crashes to dog bites, slip-and-fall injuries, and wrongful death claims, we handle the cases that matter most to our community. When you need a local law firm that knows Salem inside and out, trust the attorneys who have been standing up to insurance companies and protecting Oregon families for decades. Let’s talk—your consultation is always free, and you won’t pay a dime unless we win your case.
An Award-Winning Salem Personal Injury Law Firm
Swanson, Lathen, Prestwich, P.C. have the distinction of being a proven Oregon law firm, thanks to top rankings and coveted awards from independent publications and organizations.
What You Need to Know About Salem Personal Injury
If you were injured due to someone else’s negligence, you may have a valid personal injury claim. Oregon law allows victims to seek compensation for medical expenses, lost wages, and pain and suffering. However, understanding your rights is crucial.
- Statute of Limitations: In Oregon, you generally have two years to file a personal injury lawsuit. However, deadlines may vary—especially if government entities are involved.
- Comparative Negligence: Even if you were partially at fault, you may still be eligible for compensation as long as you were less than 51% responsible.
- Types of Compensation: Personal injury victims can recover damages for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Punitive damages in cases of extreme negligence
Not sure if you have a case? Schedule your no-obligation consultation with us today.
The Cost of an Injury Adds Up—We Fight to Recover Every Dollar You Deserve
An injury can bring overwhelming financial stress—medical bills, lost wages, and the long road to recovery. If someone else’s negligence caused your accident, Oregon law allows you to seek compensation for these losses.
Economic damages cover the direct financial costs of your injury. This includes medical expenses for hospital stays, surgeries, rehabilitation, and future care. If your injury affects your ability to work, you can recover lost wages and loss of future earning capacity. Property damage, such as vehicle repairs after a crash, may also be included.
Non-economic damages compensate for the personal and emotional impact of an injury. This includes pain and suffering, emotional distress, and loss of enjoyment of life. If a loved one has passed away due to negligence, surviving family members may seek wrongful death damages for funeral expenses and loss of companionship.
In rare cases, punitive damages may be awarded to punish extreme negligence, such as drunk driving. While less common, these damages hold reckless parties accountable.
Not sure what compensation you’re entitled to? A Salem personal injury lawyer can assess your case and fight for everything you deserve. Your consultation is free—let’s talk.
SETTLEMENTS FOR OREGON PERSONAL INJURY ACCIDENTS
We Get Results for Our Clients
While every case is important to us and gets our individual attention, here are some of the more notable monetary results.
$
16,000,000Defective Products Case
$
11,000,000Auto Accident/Defective Product Case
$
8,000,000Toxic Tort Case
Salem Accident & Injury Lawyers – Areas of Expertise
If you’ve been injured, you need more than just legal advice—you need a team that knows how to win. For over 60 years, our Salem personal injury lawyers have fought for justice, securing life-changing settlements for people just like you. We’re ready to start working on your case immediately—and it won’t cost you a thing upfront. With our no-win, no-fee promise, you can focus on healing while we fight for the compensation you deserve. If an injury has turned your life upside down, let’s talk.
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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Why Choose SLP Injury For Your Personal Injury Case?
Choosing the right lawyer can make all the difference in your case. Here’s why SLP Injury is the trusted choice for Salem residents:
Decades of Experience
Representing accident victims since 1958.
Exclusive Client Advocacy
We never represent insurance companies—only injured individuals.
Proven Track Record
Our attorneys have secured multi-million-dollar settlements.
Salem Expertise
We know local courts, judges, and insurance tactics
No Win, No Fee
You don’t pay unless we win your case.
Client Reviews
Jessica Gallant
2 months ago
Travis and his team went above and beyond when handling my case. They made navigating an overwhelming situation I was unfamiliar with as simple as possible for me. Carrie and the other staff were always quick to respond. They handled all of my questions and concerns putting me at ease during a stressful time. I highly recommend Travis and his team!
Blaine Stokes
2 months ago
Made the process easy will return if I ever need to
jeff fetsch
2 months ago
I had an amazing experience with this firm! Kept me up to date and let me know my options. Never once tried to do anything without my approval. I cant thank them enough! Thank you again!
Mike Pennington
2 months ago
Highly recommend this firm. They were recommended to me and they didn't disappoint. They were very attentive to my case and always answered my questions and kept me updated along the way. I appreciate them fighting for top dollar for my settlement.
Petru Bertea
2 months ago
I want to extend my deepest gratitude to the incredible Swanson Lathen Prestwich, PClegal team for their exceptional dedication and expertise.
Their relentless hard work, strategic approach, and unwavering commitment truly paid off in winning a Very Difficult Case.
The outcome exceeded my expectations, and I firmly believe it is well-deserved given the effort and skill they demonstrated throughout.
I am genuinely grateful for their support and professionalism.
Thank you Team of Swanson Lathen Prestwich, PC, for turning what seemed impossible into a victorious reality!
Their relentless hard work, strategic approach, and unwavering commitment truly paid off in winning a Very Difficult Case.
The outcome exceeded my expectations, and I firmly believe it is well-deserved given the effort and skill they demonstrated throughout.
I am genuinely grateful for their support and professionalism.
Thank you Team of Swanson Lathen Prestwich, PC, for turning what seemed impossible into a victorious reality!
Diane Sutton
3 months ago
I had a bad ankle accident where I broke three bones in it that was not my fault. Travis Prestwich and his excellent team supported me in getting a settlement that was much larger than I expected. Since I had never been in this situation before, they did an excellent job of walking me through the entire process. I recommend their services highly!
Kristine Holman
5 months ago
Travis and his team were so kind, compassionate, and took time to explain everything so I understood it well. I would definitely utilize them again and highly recommend!! :)
Vicki Fry
5 months ago
The attorney and staff made me feel impot. They very diligent handling my claim. They had my best interest at heart. They were really amazing. I would use them again and again, and I would refer them to anyone.
V fry
V fry
Yijing Pankratz
7 months ago
Mr. Brian Lathen, my attorney, is a very knowledgeable and professional. His assistant, Allie Clanfield,, is a very kind and caring person. When I was feeling depressed from my car accident, Allie gave me emotional support. They were always responsive to my questions and made sure to update on the case. If you ever need a personal injury attorney, I highly recommend Brian and Allie. They are a trustworthy and effective team.
Caeylee Ramos
9 months ago
I had an excellent experience working with this lawfirm. From the very beginning, Brian and Allie were professional, attentive, and genuinely committed to my case. They were always responsive to my questions and made sure to keep me updated. I would absolutely recommend Brian Lathen and his team to anyone in need of a trustworthy attorney!
Arthur Porter
3 years ago
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.
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
4 years ago
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+++
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
4 years ago
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
4 years ago
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.
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
8 years ago
Great Services! Helpful reception. Brian Lathen was great and helped a lot.
Injured in a Car Accident? Get Salem’s Top Legal Advocates on Your Side
Car accidents are among the most common personal injury cases we handle. Whether it’s a rear-end collision, a distracted driver crash, or a DUI accident, we understand how devastating they can be.
In Salem, busy intersections, high-traffic highways like I-5, and distracted drivers rushing through Commercial Street put residents at risk every day. Even a moment of negligence—a driver looking at their phone, running a red light, or speeding through a school zone—can change your life in an instant.
Oregon law allows accident victims to recover medical expenses, lost wages, and compensation for pain and suffering. If you’ve been injured in a crash, let us fight for the settlement you deserve.
Want to learn more about car accident claims in Salem? From understanding Oregon’s insurance laws to knowing what to do after a crash, we break it all down for you. Read more about Salem car accidents here.
Meet the Attorneys Fighting for You
At Swanson, Lathen, Prestwich, PC, we know that behind every case is a person whose life has been turned upside down. That’s why our attorneys don’t just bring decades of legal experience—we bring compassion, dedication, and a relentless drive to make things right for the people of Salem. When you’re facing one of the hardest moments of your life, you deserve lawyers who truly care. That’s who we are, and that’s what we do.
Brian Lathen: A Relentless Advocate for Oregon Injury Victims
For nearly two decades, Brian Lathen has fought for injury victims across Oregon, helping them secure justice and rebuild their lives. A partner at Swanson, Lathen, Prestwich, PC, he focuses on personal injury and wrongful death cases, using his deep knowledge of Oregon’s legal system to stand up to insurance companies. After earning his law degree from Willamette University College of Law in 2004, Brian built a reputation as a skilled advocate, earning recognition as an Oregon Super Lawyer and being named to The National Trial Lawyers “Top 40 under 40.” A University of Oregon graduate and fluent Spanish speaker, Brian is committed to serving Oregon’s diverse communities. He and his wife are raising their four children in Salem, where he stays active as a youth sports coach and church volunteer.
Travis Prestwich: Fighting for Justice, Protecting Oregonians
With over 20 years of experience, Travis Prestwich is a trusted personal injury lawyer in Oregon, representing clients in car accidents, wrongful death, nursing home negligence, and catastrophic injury cases. A partner at Swanson, Lathen, Prestwich, PC, he earned his law degree from Willamette University College of Law in 2000 and has since secured multi-million-dollar settlements, earning membership in the Million Dollar Advocates Forum and recognition as an Oregon Super Lawyer since 2014. Fluent in Spanish after a church mission to the Dominican Republic, he is dedicated to serving Oregon’s diverse communities. Based in Salem, Travis and his wife have raised four children while he remains active as a youth sports coach, church leader, and advocate for legal access through the Campaign for Equal Justice.
Both Brian and Travis are deeply involved in the Salem community, volunteering as youth sports coaches and serving on various community boards. Their commitment extends beyond the courtroom, reflecting a genuine dedication to the well-being of their neighbors. Brian and Travis are not just your attorneys—they are your advocates, neighbors, and partners in seeking justice.
Legal Help Starts Here – No Fees, No Pressure
Many accident victims hesitate to call a lawyer because they worry about costs. At SLP Injury, we work on a contingency fee basis—meaning you pay nothing unless we win your case.
Your initial consultation is completely free. During this meeting, we’ll:
- Review the details of your case
- Explain your legal options
- Answer your questions—no pressure, no obligation
Insurance companies act fast. Get legal advice now—before it’s too late.
Frequently Asked Questions
How much is my case worth?
The value of your case depends on several factors, including the severity of your injuries, medical costs, lost wages, and pain and suffering. We’ll evaluate your case for free and give you an honest assessment.
Do I really need a personal injury attorney?
If you’ve been seriously injured, working with an attorney can significantly increase your compensation. Insurance companies offer lower settlements to individuals who don’t have legal representation.
How do I pay for a personal injury attorney?
At SLP Injury, we believe cost should never stand in the way of justice. That’s why we work on a contingency fee basis—meaning you don’t pay anything upfront, and you owe nothing unless we win your case. Our payment comes as a percentage of your final settlement or verdict, so our success is directly tied to yours. This ensures you get the top-quality legal representation you need without worrying about legal fees while you recover. If we don’t win, you don’t pay—it’s that simple.
What should I look for in a personal injury lawyer?
Choose a lawyer with experience, proven results, and strong client testimonials—and make sure they work on a contingency fee basis, like SLP Injury, so you don’t pay unless they win your case. Just as important is clear and consistent communication. Your attorney should keep you informed at every stage, answer your questions promptly, and make sure you understand what’s happening with your case. At SLP Injury, we prioritize transparency and client support, so you’re never left wondering where things stand.
Will my personal injury case go to trial? Will I have to testify?
Most personal injury cases settle out of court—in fact, fewer than 5% of cases nationwide ever make it to trial. In Oregon, the odds vary by case type: auto accident claims go to trial around 1% of the time, while medical malpractice cases have a higher chance, around 50%.
Settling out of court often benefits both sides. Trials are expensive, time-consuming, and unpredictable, requiring expert witnesses and extensive legal fees. For insurance companies and defendants, going to court is risky, which is why they often prefer to negotiate a fair settlement. For you, a settlement can mean getting compensation sooner rather than waiting months—or even years—for a verdict.
Even if your case starts with settlement talks, your lawyer will keep negotiating until the best possible outcome is reached. And if trial becomes necessary, we’ll be ready to fight for you every step of the way. But based on the numbers, chances are you’ll be able to resolve your case without ever stepping into a courtroom.
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