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Frequently Asked Questions

What You Need to Know: Oregon Personal Injury Lawsuits

Personal Injury FAQ

What areas of law do you specialize in?

At Swanson, Lathen, Prestwich, PC, we have nationally recognized car accident and personal injury lawyers to help you. Our Oregon personal injury lawyers specialize in many different cases, including car accidents, pedestrian accidents, motorcycle accidents, trucking accidents, wrongful death, premise liability, nursing home neglect, sexual abuse, mesothelioma, traumatic brain injury, and defective products.

How much do services cost at Swanson, Lathen, Prestwich, PC?

We operate on contingency fees, which means that once our attorneys agree to take on your case, they are only paid if they secure a settlement or obtain a verdict. This is also known as a ā€œno win, no feeā€ payment structure. One of the main advantages of a contingency fee agreement is that you only pay something out of pocket if we win your case. You’ll avoid any financial risk. When we win your case, we take a percentage of the total settlement as our payment.

Do I have a case?

Scheduling a free consultation with one of our personal injury lawyers will help you determine if you have a case. We’ll meet with you, evaluate the details of your case, and determine the best plan for your case, regardless of whether you choose to hire us. If you think you may have a case, don’t wait. In many cases, the success of your case relies on quick action after an accident.

How long does it take to resolve a case?

Unfortunately, there is no set time frame for settling a case. The amount of time varies based on the case, lasting from a few months to a couple of years, depending on the seriousness of your injury and the case’s complexity. Each case is unique in injury, scope, details, and involved parties.

When should I contact an attorney?

The quick answer is as soon as possible! The sooner you contact a personal injury attorney to file a case, the higher the chances of success and the more we can help you. In some situations, there may even be a deadline, known as a statute of limitations, before which you must file a claim. As an Oregon-based law firm, our personal injury lawyers will know which stipulations must be followed when filing a case in Oregon.

What should I bring to an initial consultation?

We recommend you bring as many documents to your consultation as possible. We don’t expect you to get all the required documents prior to your consultation – we’ll do that for you. However, any documents that you have available, like any medical records and expenses you already have, lost wages information, police or other similar reports, insurance information, miscellaneous information, miscellaneous expenses, and evidence, such as photos of vehicles and the accident scene. Our Oregon attorneys will review all materials to determine if you have a case and inform you of any other documents you may need. Not sure exactly what you’ll need for your case? Give us a call!

Which areas do you serve?

We serve residents across the entire state of Oregon, including Salem, Albany/Corvallis, Eugene, Beaverton/Hillsboro, Pendleton/La Grande, Portland, Medford/Ashland, and Roseburg. No matter where you are in Oregon, we want to help! We offer a free, confidential, no-obligation consultation.

How are personal injury settlements taxed in Oregon?

Most personal injury settlements are not taxable in Oregon, especially if the compensation is for physical injuries, medical expenses, or lost wages related to your injury.

However, there are some important exceptions:

  • Emotional distress damages may be taxable if they’re not connected to a physical injury.
  • Interest earned on a settlement amount (for example, while it’s held in a trust or after a verdict) is typically taxable.
  • Punitive damages, if awarded, are also generally taxable.

Taxes can get complicated fast. We’ll help you understand exactly how your settlement might be treated and work to structure it in a way that protects what’s yours.

What is the statute of limitations for personal injury claims in Oregon?

In Oregon, the statute of limitations for civil personal injury claims is typically two years. While this is the general rule, there are some exceptions, depending on the type of claim and situational context. You can learn more about Oregon’s personal injury statute of limitations here.

Car Accident FAQ

What should I do immediately after a car accident?

  1. First, stop at the scene of the accident. If you are uninjured and it is safe to do so, move your vehicle to the shoulder.
  2. Second, contact the police to report the accident. In Oregon, police and emergency personnel don’t always respond to car accident reports. If this happens to you, you’ll want to take extra care to collect information and photographic evidence to protect yourself and your rights.
  3. Third, exchange information. This includes name, address, driver’s license number, license plate number, and insurance information. Here is an information exchange checklist from the Oregon DMV. Take photos of the relevant documents to ensure you have accurate information.
  4. Fourth, take photos. Take photos of the cars involved in the collision, the scene for any debris or skid marks, and any other related aspects.
  5. Fifth, contact a personal injury attorney. A personal injury lawyer will make sure that your rights are protected and help you navigate the next steps, including how to speak with the insurance companies and how to file a collision report with the Oregon DMV.

What types of compensation can I recover after a car accident?

You can recover both economic and non-economic losses from a car accident. These include:

  • Medical costs: coverage for ambulance rides, medical stays, medications, injury treatment, and future medical treatment.
  • Property damages: damage to your vehicle as well as tow truck expenses, storage fees, and rental costs while you wait for your vehicle to be repaired. If your car is repaired, you may also qualify for diminished value (DV), i.e. the difference between your car’s value after an accident versus its worth before.
  • Wage losses & income impairment: coverage for time during which you were unable to work due to your injuries, future loss of earnings, the value for losses in benefits or other compensation you earned as part of your job.
  • Pain and suffering: compensation pain, suffering, disruption of your life, inconvenience, permanent disability, death of a loved one, disfigurement, and PTSD caused by the accident are just some examples.

An expert car accident attorney can help you determine which types of damages are owed to you and fight to get you the maximum compensation.

How long does an insurance company have to settle a claim?

In Oregon, car insurance companies must pay out claims within sixty days. They’ll spend the first thirty days acknowledging the claim and giving the policyholder the necessary paperwork. Then, they’ll spend the following thirty days deciding on the claim and pay the amount if necessary. However, it is crucial that you not settle your claim until you understand the full range of your losses and their ramifications. If you settle, the claim cannot be reopened. Understanding insurance laws are critical.

What if the other driver is uninsured or underinsured?

In the event that an at-fault driver had no insurance or insufficient insurance to cover your losses or pay you compensation, your own insurance will provide the compensation that the other driver should have provided. This is called uninsurance (UM) and underinsurance (UIM) benefits in your Oregon insurance policy. It is mandatory coverage and really is the best way to protect yourself from serious financial harm.

Can I lose my house due to an at-fault car accident?

Unfortunately, yes. If you’re found at fault in a car accident and damages exceed the value of your home, you can be sued for damages and risk losing your primary residence. It’s best to ensure your liability insurance covers your net worth to avoid this.

What is the Vehicle Damage Law in Oregon?

You must file an Oregon Traffic Accident and Insurance Report within 72 hours of the accident if the damage is worth over $2,500 or if either party sustained injury. This includes single-car crashes. Failure to do so could result in driver’s license suspension. You can file one of these reports with the Oregon DMV.

Can I pursue a claim if I’m partially at fault?

Yes. You could still recover damages if you were partially at fault for a car accident, as long as the fault attributed to you is 50% or less. This is called comparative negligence. In these cases, insurance will determine what amount of damages you incurred during the accident, then they’ll subtract a percentage from that amount depending on how liable you were for the accident. So if your losses were $10,000 and you were 20% at fault, you’d be entitled to $8,000.

Pedestrian Accident FAQ

How soon after I’m injured do I have to file a lawsuit?

With a pedestrian injury case, you have up to two years to file a lawsuit after your accident. However, that’s not to say you shouldn’t file sooner. The sooner you file, the sooner and more likely you may be to receive compensation. There are some instances where you have less than two years to file, so speak with an attorney as soon as you can to avoid missing critical deadlines.

What compensation can I recover after being hit by a car?

There are several types of compensation that you can claim after being hit by a car. These include:

  • Medical damages: compensation to pay for medical bills, treatments, and future doctor’s visits
  • Long-term disability: compensation for long-term disabilities or disfigurement due to the injury
  • Pain and suffering: compensation for emotional trauma and loss of enjoyment of life due to injuries, disfigurement, or death of a loved one in the accident

Depending on your situation, you may be able to apply for one or more of these. It’s best to speak to a lawyer to be sure of which you may be eligible to recover.

What should I do first if I’ve been hurt in a pedestrian accident?

If you want to file a claim, the first thing you should do is collect the driver’s information and take photos of your injuries. This serves as evidence for your claim. You should also contact emergency services for any assistance with your injuries.

What if they claim I was at fault or partially at fault for the accident?

If the driver says that you were at fault or partially at fault, this is where a lawyer comes in. An accident attorney will help determine who was really at fault and serve as an advocate for you. Even if the driver claims you were at fault, that may not be the case. Your lawyer will make sure that your voice is heard and that justice is served.

Do I need a lawyer for a pedestrian accident case?

Although it’s not required, it’s always a good idea to bring a lawyer into your personal injury case. Lawyers know how to negotiate with insurance companies on your behalf to secure you the maximum payout. They also know how to push back and advocate for you if you’re being unfairly targeted in a case.

What safety laws protect pedestrians in Oregon?

Oregon law gives strong legal protections to pedestrians, whether you’re in a marked crosswalk or crossing at an intersection without painted lines. Drivers must stop and remain stopped until you’ve cleared their lane and the next. It’s also illegal for a driver to pass another vehicle stopped at a crosswalk.

Pedestrians must follow traffic signals and avoid stepping suddenly into traffic, but the law overwhelmingly prioritizes their safety.

Still, when accidents happen, insurance companies often try to shift blame. That’s where we come in. Contact us for a free consultation if you’ve been in a pedestrian accident.

Motorcycle Accident FAQ

How are motorcycle and car accident claims different?

Motorcycle and car accidents are both vehicle-related incidents, but because motorcyclists are exposed to the road or other objects when they crash, the injuries tend to be much more severe. As a result, many motorcycle accidents can result in higher compensation. Reaching out to a personal injury attorney as soon as possible will help you secure the type of compensation you deserve.

What should I do if I’m in a motorcycle accident?

A motorcycle crash can be life-altering. In the moments after, your safety and your legal rights should be your top priorities. Here’s what to do:

  1. Get to safety. If you’re able, move out of traffic to avoid further injury. Turn on hazard lights and stay alert. Motorcycle crashes often happen in high-traffic areas.
  2. Call 911. Even if you don’t think you’re seriously hurt, police documentation is critical. Emergency responders can also assess injuries that may not be obvious right away.
  3. Document everything. Take photos of the scene, your bike, other vehicles, your injuries, and any skid marks or debris. Get names, contact info, and insurance details from all involved.
  4. Seek medical care immediately. Some injuries, like internal trauma or concussions, don’t show symptoms right away. Seeing a doctor protects both your health and your claim.
  5. Don’t talk to the insurance company alone. Adjusters may pressure you into a quick, unfair settlement. Before signing anything or giving a recorded statement, talk to a lawyer.
  6. Call SLP Injury Law. We understand how devastating motorcycle accidents can be. With over 60 years of experience and a track record of winning tough cases, we’ll fight to get you the full compensation you deserve.

Motorcyclists often face unfair bias after a crash. Insurance companies may try to blame you, even when you weren’t at fault. At SLP, we know how to counter these tactics and protect your rights from day one.

How do my medical bills get paid after a motorcycle accident?

After a motorcycle accident, the first thing to check is whether you have a personal injury clause under your motorcycle insurance policy. Many times, your insurance company will cover some of your medical bills. However, that’s not always enough. You can also work with a motorcycle accident attorney to seek additional damages. This can help you pay your medical bills and get you on the road to recovery.

What are the most common causes of motorcycle accidents?

Motorcycle accidents often happen because of other drivers’ mistakes, not rider recklessness. Some of the most dangerous causes include:

  • Left-turn collisions – These are one of the leading causes of fatal motorcycle crashes. In 2021, 43% of all fatal two-vehicle motorcycle accidents happened when another vehicle turned left across the motorcyclist’s path, according to NHTSA data.
  • Blind spot lane changes – A car swerving without checking mirrors can be fatal, especially when a rider is hidden in a blind spot.
  • Head-on crashes – Often caused by drivers drifting into oncoming traffic or misjudging passing distances, these are among the deadliest types of motorcycle accidents.
  • Speeding – High speeds, by either the rider or the other driver, reduce reaction time and increase the severity of injuries.
  • Impaired driving (DUIs) – Alcohol is a major factor in both single and multi-vehicle crashes, impairing judgment and slowing response times.
  • Distracted driving – Drivers on phones or otherwise not paying attention often fail to notice motorcycles until it’s too late.
  • Road hazards – Potholes, gravel, or uneven pavement are especially dangerous for riders, who don’t have the same margin for error as other vehicles.

If you’ve been injured in a motorcycle crash, talk to a lawyer before speaking to the insurance company. You may be entitled to compensation.

Are insurance companies biased against motorcyclists?

Unfortunately, insurance companies do often show bias against motorcyclists. This, in combination with other biases stemming from age, veteran status, and other factors, can cause motorcyclists to take the blame in accidents that are not their fault. In our experience, motorcyclists are some of the safest drivers on the road. Don’t let the insurer try and blame you for an accident that’s not your fault.

Should I hire a lawyer to help with my motorcycle accident claim?

Yes. Motorcycle accident claims are often complex, and insurance companies rarely play fair. They may try to blame you, minimize your injuries, or push for a lowball settlement. An experienced personal injury attorney can protect your rights, build a strong case, and fight for the full compensation you deserve.

At SLP Injury Law, we’ve spent decades holding negligent drivers accountable and securing justice for Oregon riders. And with our no-win, no-fee policy, you pay nothing unless we win your case.

Trucking Accident FAQ

Do I need a lawyer after a trucking accident?

Yes, and here’s why it matters. Trucking accidents are rarely straightforward. You’re not just dealing with a driver; you’re up against commercial insurers, corporate legal teams, and companies trained to protect their bottom line, not your well-being. Without a lawyer, you risk settling for far less than you deserve or walking away with nothing at all. At SLP Injury Law, we know how to uncover evidence, hold trucking companies accountable, and fight for maximum compensation. With over 60 years of experience and no fees unless we win, we make sure you’re not facing this alone.

What makes trucking accident claims more complicated?

Truck accident claims are more than just bigger car accident cases. They come with layers of legal and logistical complexity. You’re often dealing with multiple liable parties (the driver, the trucking company, insurers, even maintenance providers), federal and state regulations, and high-stakes damages that insurers will aggressively try to minimize.

The severity of your injuries, the volume of evidence required, and the trucking industry’s legal firepower all make these cases especially challenging. That’s why it’s critical to have a legal team with deep experience in trucking accidents.

When are trucking companies liable for damages?

In many cases, if a truck driver causes a crash while performing their job duties, the trucking company can be held legally responsible. This is known as vicarious liability, and it applies when the driver is acting within the scope of their employment at the time of the accident.

But company responsibility doesn’t stop there. Trucking companies may also be directly liable if they contributed to the crash through negligent hiring, poor vehicle maintenance, unsafe schedules, or violations of federal trucking regulations.

In some situations, liability can also extend beyond the trucking company to a manufacturer (if a defective part caused the crash), a third-party contractor, or even a government agency (if a hazardous road condition played a role).

What if an unsecured load caused my injuries?

Unsecured loads are incredibly dangerous, and when cargo shifts or falls from a commercial truck, the consequences can be devastating. If you were injured due to a load that wasn’t properly secured, you may have a strong legal claim.

Multiple parties could be at fault, including the truck driver, the trucking company, the loading crew, or even a third-party contractor. Identifying the responsible party and proving their negligence requires a thorough investigation and a deep understanding of federal and state safety regulations.

Should I talk to the trucking company’s insurer?

No. After a trucking accident, you should never speak directly with the trucking company’s insurance adjuster. Their job isn’t to help you. It’s to protect their bottom line by minimizing what they pay, often at your expense. Even a seemingly harmless comment can be used to devalue your claim. That’s why it’s critical to have an experienced attorney speak on your behalf.

What if multiple parties were involved in the truck accident?

When more than one party is responsible for a trucking accident, the legal process becomes even more complex, but it can also strengthen your claim. Depending on the circumstances, you may be able to hold multiple parties accountable, including the truck driver, the trucking company, a loading contractor, or even a vehicle manufacturer.

While this can lead to a larger settlement, it also requires a skilled legal team to untangle the details. At SLP Injury Law, we know how to investigate multi-party claims, identify every source of liability, and build a case that ensures you don’t leave any compensation on the table.

You focus on healing. We’ll handle the rest.

Wrongful Death FAQ

What’s the difference between a personal injury claim and a wrongful death suit?

Both personal injury claims and wrongful death suits arise from someone else’s negligence, but the key difference lies in who brings the claim and why.

A personal injury claim is filed by someone who was injured in an accident. It seeks compensation for medical bills, lost wages, pain and suffering, and other personal losses.

A wrongful death suit, on the other hand, is brought by the surviving family members of someone who lost their life due to another party’s negligence. It seeks compensation for funeral expenses, lost income the deceased would have provided, and the emotional and financial impact of the loss on the family.

How hard is it to prove wrongful death?

Proving wrongful death isn’t necessarily harder than other types of personal injury claims, but it does require clear, compelling evidence and a strategic legal approach.

To succeed, you must show that another person or organization breached their duty of care and that this breach directly led to your loved one’s death. That means gathering strong evidence, such as accident reports, medical records, witness testimony, and expert analysis.

Insurance companies often fight these cases aggressively. That’s why it’s critical to have an experienced wrongful death attorney on your side.

How long do wrongful death cases take?

Wrongful death cases take time, and for good reason. These cases involve complex investigations, detailed evidence, and often, negotiations with insurance companies or large institutions that won’t settle easily. Even when a case doesn’t go to trial, it can take several months to a few years to reach a resolution.

That said, the right legal team can make a major difference. At SLP Injury Law, we work efficiently and strategically to move your case forward without unnecessary delays, while still building the strongest case possible. Our priority is securing justice for your loved one and fair compensation for your family, without adding more stress to your life.

Every case is different, but we’ll be with you at every step, keeping you informed, protecting your rights, and pushing for results.

Can I bring a wrongful death action for the death of a child or elderly person?

Yes. In Oregon, you can pursue a wrongful death claim regardless of the age of the person who passed away. Whether the loss involves a child, an elderly parent, or any loved one, what matters is proving that their death was caused by someone else’s negligence or misconduct.

In some situations, such as nursing home abuse or neglect, another type of legal action may be appropriate. That’s why it’s so important to work with a legal team that understands the full scope of wrongful death law.

Is an autopsy necessary in a wrongful death case?

Not always, but in some cases, it can make a significant difference. An autopsy isn’t legally required to file a wrongful death claim. However, it can provide powerful medical evidence that supports your case, especially when the cause of death is disputed or unclear. In situations involving medical malpractice, nursing home neglect, or product defects, an autopsy can help establish exactly what went wrong and who should be held accountable.

Who pays in a wrongful death suit?

In most wrongful death cases, compensation is paid by the at-fault party’s insurance company, not the individual or business directly. This is especially true when the responsible party is a company, healthcare provider, or other insured entity. However, if the at-fault party doesn’t have insurance, or their coverage isn’t enough to cover the full damages, they may be held personally liable for the remaining amount.

Can emotional distress claims be included in wrongful death cases?

Yes. Emotional distress is a very real and legally recognized part of a wrongful death claim.

In Oregon, surviving family members may be entitled to compensation not just for financial losses like medical bills or lost income, but also for the emotional pain caused by their loved one’s death. This can include grief, loss of companionship, mental anguish, and the emotional toll of losing someone due to another’s negligence.

Every case is unique, and the emotional impact can’t always be measured in dollars, but that doesn’t mean it shouldn’t be acknowledged in court.

Premises Liability FAQ

Do I need an attorney for a premises liability case?

Technically, you can file a premises liability claim on your own, but without experienced legal representation, your chances of success are significantly lower.

These cases often hinge on complex factors: Was the property owner aware of the hazard? Did they have time to fix it? Were safety standards ignored? Proving negligence and securing fair compensation requires strong evidence and a deep understanding of Oregon liability law.

What are the different types of premises liability claims?

Premises liability claims arise when someone is injured due to a hazardous condition on someone else’s property. These cases can take many forms, including:

  • Slip and fall accidents
  • Unsafe walkways due to snow, ice, or spills
  • Poor property maintenance or dangerous building conditions
  • Inadequate lighting or security leading to assaults
  • Elevator or escalator malfunctions
  • Fires, floods, or other structural hazards
  • Swimming pool injuries
  • Dog bites or animal attacks
  • Exposure to toxic chemicals or fumes
  • Amusement park injuries

This list isn’t exhaustive. If you were hurt on someone else’s property, it’s worth speaking with a premises liability attorney to understand your rights.

Is premises liability the same as negligence?

Not exactly, but they’re closely connected. Premises liability is a specific type of negligence claim. It applies when someone is injured because a property owner failed to maintain safe conditions on their property. In these cases, the property owner had a legal duty to fix or warn about a hazard, and their failure to do so caused harm.

Negligence, on the other hand, is a broader legal concept that applies to many types of personal injury cases, including car accidents, medical malpractice, and more.

What dangerous conditions can lead to premises liability lawsuits?

Premises liability cases can arise from a wide range of unsafe conditions, many of which are entirely preventable. Some common examples include:

  • Wet floors with no warning signs
  • Unsecured or poorly maintained swimming pools
  • Dimly lit stairwells or hallways
  • Broken, uneven, or poorly constructed stairs and flooring
  • Collapsing ceilings or structural hazards
  • Exposed or faulty wiring that causes fires, shocks, or burns

These are just a few of the many situations that could lead to serious injuries and legal action. If you were hurt due to a property owner’s failure to maintain a safe environment, you may have a case. Schedule a free consultation with our premises liability lawyers to review the details.

Who is responsible in a premises liability case?

In a premises liability case, responsibility falls on the party that controls or manages the property where the injury occurred. That could be a homeowner, a business owner, a landlord, or even a government entity – anyone who has a legal duty to keep the premises reasonably safe.

If they failed to fix a hazard, warn visitors, or maintain the property, and that negligence caused your injury, they may be held legally accountable.

How long do I have to file a premises liability lawsuit?

In Oregon, you generally have two years from the date of your injury to file a premises liability lawsuit. That may sound like plenty of time, but evidence can disappear quickly, and so can your legal options if the deadline passes.

If you were hurt due to unsafe conditions on someone else’s property, it’s critical to speak with an attorney as soon as possible. The sooner you reach out, the stronger your case can be.

Are landlords liable for injuries caused by tenant negligence?

In most cases, landlords are not liable for injuries caused by a tenant’s negligence. If a tenant creates a dangerous condition, like leaving obstacles in a walkway or failing to clean up a spill, they’re generally the one held responsible.

However, a landlord can be held liable if their own negligence contributed to the unsafe condition. For example, if a landlord failed to repair a broken handrail, ignored safety complaints, or violated building codes, they may still share legal responsibility, even if a tenant’s actions were also involved.

Premises liability cases often involve gray areas, especially when multiple parties are involved. Schedule your free case review with our lawyers to determine whether you have a case.

Nursing Home Neglect FAQ

What are the criteria for elder abuse?

Elder abuse refers to any act or failure to act that causes harm to an older adult. This includes physical, emotional, or sexual abuse, financial exploitation, neglect, or the failure to provide adequate care, food, or medical attention.

Sadly, this type of abuse often happens behind closed doors, sometimes at the hands of caregivers, nursing home staff, or even family members. And while the signs aren’t always visible, the damage can be devastating.

If you suspect a loved one is being mistreated, it’s critical to act quickly. Report the abuse and contact a legal team with experience handling these sensitive, high-stakes cases. At SLP Injury Law, we’ll step in immediately to protect your loved one’s rights, investigate what happened, and hold the responsible parties accountable.

How do I report a nursing home for neglect or abuse?

If you suspect a loved one is experiencing neglect or abuse in a nursing home, it’s critical to act quickly and decisively.

In Oregon, you can report nursing home abuse or neglect by contacting the Oregon Department of Human Services (DHS) through the Oregon Adult Abuse Hotline at 1-855-503-SAFE (7233). You can also report concerns to the local Long-Term Care Ombudsman or law enforcement if there’s immediate danger.

Once a report is filed, the state will investigate, but don’t stop there. These cases often require more than an internal review. That’s where we come in.

At SLP Injury Law, we take nursing home abuse seriously. Our team will investigate the situation, preserve critical evidence, and take legal action to protect your loved one and hold the facility accountable.

Reporting is the first step. We’ll help you take the next one with experience, compassion, and a relentless commitment to justice.

What should I do if I suspect nursing home abuse?

If you believe a loved one is being abused or neglected in a nursing home, trust your instincts and take immediate action. Abuse can take many forms: physical harm, emotional mistreatment, neglect, financial exploitation, or failure to provide proper care. Even subtle changes in behavior or unexplained injuries may be red flags.

Start by documenting everything: take photos, write down what you observe, and gather names of staff or witnesses if possible.

Then, report your concerns to the Oregon Adult Abuse Hotline at 1-855-503-SAFE (7233), a 24/7, statewide resource for suspected abuse or neglect. You can also contact the Oregon Long-Term Care Ombudsman at oltco.org or call 1-800-522-2602 to initiate an independent investigation.

Finally, speak with an attorney. At SLP Injury Law, we know how to uncover the truth, protect vulnerable residents, and hold negligent facilities accountable. If something feels wrong, don’t wait. One call can protect your loved one and prevent further harm.

What are the signs of nursing home neglect?

Nursing home neglect isn’t always easy to spot, especially when signs are subtle or staff members downplay concerns. But knowing what to look for can make all the difference. Common red flags include:

  • Bedsores or pressure ulcers
  • Dehydration or malnutrition
  • Unexplained bruises, burns, or broken bones
  • Poor hygiene or soiled clothing
  • Untreated medical conditions or delayed care
  • Sudden weight loss or changes in appearance
  • Insomnia, anxiety, or withdrawal
  • Personality changes, fearfulness, or confusion
  • Repeated injuries or frequent hospital visits

If something doesn’t feel right, don’t ignore it. At SLP Injury Law, we understand how difficult it can be to raise concerns and how important it is to act quickly. Our team will help you investigate the situation, protect your loved one, and take legal action if necessary.

How common is nursing home abuse?

Nursing home abuse is far more widespread than many realize. According to the National Council on Aging, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse. That translates to hundreds of thousands of cases every year. And yet, only about 1 in 24 are ever reported.

The abuse can take many forms: physical, emotional, sexual, or financial. Neglect is also disturbingly common, especially in understaffed or poorly managed facilities.

What protections are available for Oregon nursing home residents?

Oregon nursing home residents are protected by both state and federal laws that are designed to ensure their safety, dignity, and quality of care.

Under the Oregon Residents’ Rights law and the federal Nursing Home Reform Act, residents are guaranteed the right to:

  • Live in a safe and sanitary environment
  • Be treated with dignity and respect
  • Participate in decisions about their care
  • Be free from abuse, neglect, and exploitation
  • File complaints without fear of retaliation
  • Access their medical records and manage personal finances
  • Receive visits from family, friends, and advocates

If a facility fails to meet these standards, residents and their families have the right to file complaints through the Oregon Department of Human Services or seek support from the Oregon Long-Term Care Ombudsman at oltco.org.

Sexual Abuse FAQ

What should I do if I’ve been sexually abused?

First, know this: you are not alone, and this was not your fault.

If you’ve experienced sexual assault, your safety and well-being come first. Get to a safe place and call 911. Then, go to the nearest hospital emergency room as soon as possible. Medical professionals can check for injuries, screen for sexually transmitted infections, and collect forensic evidence that may be useful if you decide to report the assault.

If you visit a hospital within seven days of the assault, you may be eligible to have those medical costs covered by Oregon’s Sexual Assault Victims Emergency (SAVE) Fund. Hospital staff can also connect you with a rape crisis center or counselor who can support you and help you understand your options, including whether to report to law enforcement.

Reporting the assault within 72 hours may make you eligible for additional support through Oregon’s Crime Victims’ Compensation Program, but reporting is your choice. If you’re unsure what to do, you can call a confidential advocate at the National Sexual Assault Hotline, available 24/7 at 800-656-HOPE (4673).

You can also speak with an attorney to understand your legal rights. At SLP Injury Law, we provide experienced, compassionate support to help survivors explore their civil legal options and pursue justice on their own terms.

What is the statute of limitations for sexual abuse in Oregon?

As of June 2025, Oregon has eliminated the statute of limitations for civil lawsuits related to sexual assault and child sexual abuse. This change, enacted through House Bill 3582, allows survivors to file civil claims at any time, regardless of when the abuse occurred.

However, this law applies prospectively. For incidents that occurred before the law’s effective date, previous time limits may still apply. Specifically, for child sexual abuse cases, the prior statute allowed survivors to file claims until age 40 or within five years of discovering the abuse’s impact, whichever was later. For adult survivors, the previous limit was five years from the date of discovery.

It’s important to note that these changes pertain to civil lawsuits. Criminal statutes of limitations may differ and are governed by separate laws.

Sexual abuse cases are complex, especially when it comes to understanding how changes in the law apply to your situation. If you’re considering legal action, our attorneys at SLP Injury Law would be honored to sit down with you, review your case, and help you understand the path to justice.

Can I recover damages if I’ve been sexually abused?

Yes. Survivors of sexual abuse have the legal right to pursue financial compensation through a civil lawsuit.

While the criminal justice system focuses on punishing the offender, civil claims are about you. Your pain, your losses, and your right to hold your abuser (and potentially any enabling institutions) accountable. Compensation can cover a range of damages, including:

  • Medical and therapy expenses
  • Lost income or diminished earning capacity
  • Emotional distress and trauma
  • Pain and suffering
  • Punitive damages in cases of especially egregious conduct

In some cases, third parties, such as schools, churches, employers, or other institutions, may also be held responsible if they allowed the abuse to happen or failed to act on known risks.

These cases can be emotionally difficult and legally complex, which is why it’s so important to work with an experienced attorney.

Can my case remain private if I pursue it in court?

Yes, in many cases, survivors of sexual abuse in Oregon can take legal action while maintaining a significant degree of privacy.

  • Filing Under a Pseudonym: Courts often allow plaintiffs to use pseudonyms like “Jane Doe” or “John Doe,” helping to keep your name out of public records.
  • Sealing Court Records: You may also request that certain documents or hearings be sealed, especially if they involve sensitive or traumatic details.
  • Address Confidentiality Program (ACP): Oregon’s ACP lets you use a state-provided mailing address in public records, adding another layer of privacy for survivors concerned about safety.

That said, if your case goes to trial, you may still need to testify in court. Judges can take steps to protect your identity during this process, but it’s something to be prepared for.

If you’re worried about privacy, you’re not alone, and you don’t have to navigate it on your own. We’re here to answer your questions, explain your options, and advocate for your rights every step of the way.

What if someone failed to prevent sexual abuse?

In Oregon, individuals and institutions can be held legally accountable if they knew, or should have known, about sexual abuse and failed to take action to stop it. This includes parents, caregivers, teachers, clergy, employers, and organizations like schools or youth programs.

  • Criminal Liability: Under Oregon law, certain individuals are designated as mandatory reporters. This means they are legally required to report any suspected child abuse, including sexual abuse, immediately. Failure to do so can result in criminal charges.
  • Civil Liability: Beyond criminal consequences, those who fail to act can also face civil lawsuits. Survivors may seek compensation from individuals or institutions that neglected their duty to protect. This includes situations where organizations lacked proper policies, failed to train staff adequately, or ignored warning signs.

If you believe someone failed to prevent sexual abuse, it’s crucial to report it to law enforcement. Additionally, consulting with an experienced attorney can help you understand your rights and explore options for justice.

Can I file a claim for abuse that happened when I was a minor?

Yes. In Oregon, survivors of childhood sexual abuse can file a civil claim, even if the abuse happened many years ago.

Previously, the law gave survivors until age 40 or five years after discovering the effects of the abuse (whichever was later) to take legal action. But in 2025, Oregon passed House Bill 3582, eliminating the statute of limitations for civil sexual abuse lawsuits. That means, moving forward, survivors can bring a claim at any time, regardless of when the abuse occurred.

If the abuse happened before this law took effect, older deadlines might still apply depending on the circumstances. That’s why it’s important to speak with an attorney who can review your case and help determine what legal options are available.

What if I suspect someone is the victim of sexual abuse or assault?

If you think someone may be experiencing sexual abuse or assault, trust your instincts and don’t stay silent. You may be the only person in a position to help.

Start by gently checking in with the person. Let them know you’re concerned and that they can talk to you without judgment. Don’t push for details; just let them know they’re not alone and that support is available.

If the person is a minor or belongs to a vulnerable group (like someone with a disability), and you are a mandatory reporter under Oregon law, you are legally required to report your suspicions to the appropriate authorities. But even if you’re not legally obligated, you can still report your concerns to law enforcement or a local advocacy center. Doing so may help initiate an investigation and protect the person from further harm.

You don’t need all the facts to make a report. Sharing your concerns could be the first step in stopping abuse and connecting someone with safety and support.

Mesothelioma FAQ

Do I need a lawyer to file an asbestos lawsuit?

Technically, no. You can file a mesothelioma or asbestos-related lawsuit without a lawyer, but doing it alone is rarely a good idea.

Asbestos cases are legally and medically complex. They often involve tracking down decades-old records, identifying past exposures, proving liability, and navigating state-specific filing requirements. Add in the emotional and physical toll of battling a serious illness like mesothelioma, and handling it solo becomes nearly impossible.

An experienced mesothelioma attorney can handle the heavy lifting: investigating your exposure history, gathering the right medical and employment records, identifying potential sources of compensation (including trust funds), and building a case that maximizes your recovery.

How can my exposure to asbestos be proven?

Proving asbestos exposure often requires both medical evidence and a detailed work or environmental history. It’s not always easy, but it’s absolutely possible, especially with the right legal support.

First, a confirmed medical diagnosis is essential. If you’re pursuing compensation for mesothelioma, asbestosis, or another asbestos-related illness, your doctor must use appropriate tests, such as imaging scans, lung biopsies, or pathology reports, to definitively diagnose your condition.

Once your diagnosis is confirmed, the next step is identifying how and where you were exposed to asbestos. This might involve:

  • Past employment records from job sites known to use asbestos
  • Witness statements from coworkers or family members
  • Union records, building plans, or purchase orders
  • Military service documentation, if applicable
  • Photographs, product packaging, or equipment manuals

Because exposure often happened decades ago, connecting the dots can take time and expertise. A lawyer with experience in asbestos litigation can help investigate your history, consult medical and occupational experts, and uncover the records needed to build a strong case.

What if a loved one is too ill to pursue a case?

If you have a loved one whose mesothelioma is too advanced or extreme for them to pursue a case, don’t panic. You may still be able to take legal action on their behalf.

Family members, especially those with power of attorney, can often step in and file a claim. This ensures the case moves forward while your loved one focuses on their health. Acting quickly also helps preserve important details and evidence, which can make a big difference in the strength of the case.

If you’re in this situation, it’s important to speak with a mesothelioma attorney as soon as possible.

What are the symptoms and treatment of mesothelioma?

Mesothelioma is tricky. It often develops decades after asbestos exposure, and early symptoms can feel like everyday health issues, like fatigue, a stubborn cough, maybe some shortness of breath. That’s part of why it’s so hard to catch early.

Common symptoms may include:

  • Chest pain or tightness
  • Shortness of breath
  • Persistent cough (sometimes with blood)
  • Fatigue and unexplained weight loss
  • Swelling in the abdomen or limbs
  • Digestive issues like diarrhea or constipation
  • General discomfort or feeling unwell

If mesothelioma affects the chest (pleural mesothelioma), respiratory symptoms are more common. If it forms in the abdomen (peritoneal mesothelioma), abdominal swelling and pain often appear first. More information from the National Cancer Institute can be found here.

Treatment depends on the type and stage of the disease, as well as your overall health. Options may include surgery, chemotherapy, radiation, targeted therapy, or a combination of these. Some patients also explore clinical trials or palliative care to manage symptoms and improve quality of life.

If you’re noticing symptoms or have a history of asbestos exposure, talk to your doctor. Early diagnosis gives you more options and more time to act.

What is an asbestos trust fund?

Asbestos trust funds were created by companies that manufactured or used asbestos and later filed for bankruptcy. These companies set aside money specifically to compensate people who develop mesothelioma or other asbestos-related illnesses because of their negligence.

If a company responsible for your asbestos exposure no longer exists, you may still be able to file a claim through one of these trust funds. Many of them contain millions, or even billions, of dollars reserved for current and future victims.

Trust fund claims are separate from lawsuits. In some cases, you may be eligible to file both a trust fund claim and a traditional lawsuit, depending on which companies were involved and whether they’re still in business.

An experienced attorney can help identify which trust funds apply to your situation and handle the filing process.

Can I sue for compensation if I have mesothelioma?

Yes. If you’ve been diagnosed with mesothelioma, you can file a lawsuit to seek compensation, and in many cases, your family can too.

You may be eligible for money from a settlement, trial verdict, or asbestos trust fund, even if the exposure happened decades ago. If your condition is too advanced, a family member may be able to file on your behalf.

At SLP Injury Law, we’ll help you determine your eligibility and guide your claim so you receive maximum compensation.

What if I suspect someone is the victim of sexual abuse or assault?

If you think someone may be experiencing sexual abuse or assault, trust your instincts and don’t stay silent. You may be the only person in a position to help.

Start by gently checking in with the person. Let them know you’re concerned and that they can talk to you without judgment. Don’t push for details; just let them know they’re not alone and that support is available.

If the person is a minor or belongs to a vulnerable group (like someone with a disability), and you are a mandatory reporter under Oregon law, you are legally required to report your suspicions to the appropriate authorities. But even if you’re not legally obligated, you can still report your concerns to law enforcement or a local advocacy center. Doing so may help initiate an investigation and protect the person from further harm.

You don’t need all the facts to make a report. Sharing your concerns could be the first step in stopping abuse and connecting someone with safety and support.

Traumatic Brain Injury FAQ

Can I file a brain injury lawsuit on behalf of a loved one?

Yes. You do not have to be the injured party to file a brain injury lawsuit. A spouse, child, parent, partner, or anyone with power of attorney can file a brain injury lawsuit on someone’s behalf.

What elements are needed to prove negligence in a brain injury case?

To win a brain injury lawsuit, you’ll need to prove four key elements of negligence:

  • Duty of Care – The at-fault party had a legal responsibility to act with reasonable care.
  • Breach of Duty – They failed to meet that responsibility through action or inaction.
  • Causation – That failure directly caused the brain injury.
  • Damages – The injury led to real, measurable harm, like medical bills, lost income, or emotional trauma.

These cases can be complex, especially when symptoms are delayed or invisible. An experienced attorney can help gather the medical records, expert opinions, and documentation needed to prove each part of your claim. At SLP Injury Law, that’s exactly what we’re here to do.

What accidents commonly cause brain injuries?

Traumatic brain injuries (TBIs) can result from a wide range of accidents. Some of the most common include:

  • Vehicle accidents – Crashes involving cars, trucks, motorcycles, or pedestrians
  • Falls – Especially from ladders, stairs, or elevated surfaces
  • Sports injuries – Contact sports and high-impact activities
  • Violence – Assault, domestic abuse, or other physical trauma
  • Military or workplace accidents – Especially in combat zones or hazardous environments

Even if your injury doesn’t fall into one of these categories, you may still have a case. A TBI attorney can help determine whether your situation qualifies for compensation.

Is a concussion considered a traumatic brain injury?

Yes. A concussion is a form of traumatic brain injury (TBI), typically classified as mild, but that doesn’t mean it should be taken lightly.

Even a ā€œmildā€ TBI can lead to serious, lasting symptoms like memory issues, headaches, or mood changes. If your concussion was caused by someone else’s negligence, like in a car crash, fall, or assault, you may be entitled to compensation.

What evidence do I need for a traumatic brain injury claim?

To build a strong TBI case, you’ll need to show both how the injury happened and how it’s affected your life. Common types of evidence include:

  • Accident documentation – Photos, police reports, and witness statements
  • Medical records – ER visits, doctor notes, test results, and ongoing treatment plans
  • Imaging scans – MRIs, CT scans, or X-rays showing damage
  • Expert opinions – From neurologists, therapists, or life care planners
  • Daily impact – Journals, employer letters, or testimony showing changes in memory, mood, or abilities

Every case is different. At SLP Injury Law, we’ll help you identify what matters most and gather the documentation needed to prove it.

Why does my loved one act differently after a brain injury?

After a traumatic brain injury (TBI), it’s common for someone to seem like a different person. These changes aren’t just emotional. They’re physical, rooted in damage to areas of the brain that control memory, mood, behavior, and social interaction.

For example, injuries to the frontal lobe can affect impulse control and decision-making, while damage elsewhere might impact emotional regulation or language skills. Your loved one might seem more irritable, distant, forgetful, or emotionally volatile. Not because they’re choosing to, but because their brain is healing from trauma.

Understanding behavior changes after a TBI takes patience, empathy, and the right information. Some symptoms may improve with time, therapy, and medical support. Others may be longer-lasting. Either way, it’s important to understand that these behaviors are symptoms, not choices, and support is available for both survivors and families. You can find additional help through the Oregon Department of Human Services and the Brain Injury Association of America’s Oregon chapter.

If you’re trying to support a loved one through this, we know how overwhelming it can feel. At SLP Injury Law, we’re here to help you understand your legal options, connect you with the right resources, and stand by you every step of the way.

Defective Products FAQ

Can I file a defective product liability claim?

Yes. If you were injured by a dangerous or faulty product, you may have the right to file a defective product liability claim.

These cases fall under personal injury law but involve unique challenges, like proving design flaws, manufacturing errors, or failure to warn. Because they often involve technical details, expert testimony, and going up against large manufacturers, it’s not something most people can navigate alone.

At SLP Injury Law, we have the experience to take on complex product liability cases and the determination to hold negligent companies accountable. If you think a product caused your injury, we’ll help you understand your options and build a strong case.

Who do I sue for a defective product claim?

In a defective product case, there may be more than one party responsible for your injury. Depending on how the product reached you and where the defect occurred, you might be able to sue:

  • The manufacturer – the company that designed or built the product
  • The distributor or wholesaler – the party that moved the product through the supply chain
  • The retailer – the store or online seller that sold it to you

Sometimes, one company fills multiple roles, or the responsible party is located outside the U.S. Sorting this out isn’t always simple, which is why working with a product liability attorney can make a big difference.

What are the types of defective product liability claims?

Most product liability claims fall into one of these main categories:

  • Design defects – The product’s design was inherently unsafe, even before it was manufactured.
  • Manufacturing defects – Something went wrong during production, making the product unsafe.
  • Failure to warn – The product lacked proper warnings or instructions about risks or safe use.
  • Breach of warranty – A product didn’t live up to its stated guarantees, and someone got hurt as a result.
  • Improper assembly or handling – Retailers or distributors failed to assemble or prepare the product correctly, leading to injury.

Any of these issues could form the basis of a product liability claim. If you’re unsure which category your case falls under, we can help you figure it out.

What must I prove to win a defective product liability lawsuit?

To win a defective product case, you’ll typically need to show:

  • The product was defective
  • That defect directly caused your injury
  • You suffered actual harm: physical, emotional, or financial
  • You were using the product as intended, or in a way a reasonable person might

If any one of these elements is missing, your case could be at risk. A skilled product liability attorney can help you gather the right evidence and make your case as strong as possible.

How long do I have to file a defective product liability claim?

Under Oregon law, you generally have two years from the date of your injury to file a defective product liability claim. But there’s another layer: Oregon’s ā€œstatute of ultimate reposeā€ (SOUR law) puts a cap of 10 years from the date the product was first sold or manufactured. If the product is older than that, you may not have a claim, unless your case meets certain exceptions.

That might sound complicated, but don’t panic. The sooner you act, the better your chances. At SLP Injury Law, we’ll help you understand how the timeline applies to your situation and guide you through every step of your case.

What is strict liability, and how does it apply in defective product cases?

Strict liability means you don’t have to prove that a company was careless. You only need to show that their product was defective and caused your injury.

In defective product cases, this can be a major advantage. If strict liability applies, you don’t have to prove that the manufacturer or seller acted negligently. You just need to prove:

  • The product was defective
  • The defect made it unreasonably dangerous
  • You were injured as a result
  • You were using the product as intended (or in a reasonably foreseeable way)

This legal standard helps level the playing field between everyday consumers and large corporations. If a product hurt you or someone you love, SLP Injury Law can help you understand whether strict liability applies, and how to hold the right parties accountable.

Let Us Help You

We offer free consultations to all prospective clients, and if we take your case on, there is no fee unless we win. Let us know how we can help you!