What You Need to Know if You Were in Drunk Driving (DUII) Crash in Oregon

Car crashes can be a nightmare. They can be even worse if you were a drunk or intoxicated (DUII) driver hits you. You not only have to deal with your injuries, auto repairs, and insurance issues, but you also have to deal with the law enforcement investigation and prosecution.

Below are things EVERY PERSON involved in a crash caused by a drunk or intoxicated (DUII) driver must know:

Several legal remedies are available to the injured party in a DUII crash. These remedies can be pursued through civil litigation and may include compensatory and punitive damages. Here are the primary remedies available:

1. Compensatory Damages

Compensatory damages are intended to make the injured person "whole" by covering both economic and non-economic losses. They include:

• Medical Expenses: Compensation for current and future medical bills, rehabilitation costs, and other healthcare-related expenses resulting from the accident.

• Lost Wages: Reimbursement for lost income due to time off work, as well as future earning potential if the injury results in long-term disability.

• Property Damage: Coverage for repairs or replacement of the damaged vehicle and any other property damaged in the accident.

• Pain, Suffering, Embarrassment, Frustration, Inconvenience, Annoyance, etc. : Compensation for physical pain and emotional distress experienced as a result of the accident.

• Loss of Consortium: Damages awarded to the spouse of the injured party for the loss of companionship, affection, and support.

2. Punitive Damages

In cases where the drunk driver's behavior was particularly egregious, such as driving under the influence of alcohol or drugs (DUII), punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future. Oregon law allows for punitive damages if it is proven that the driver acted with "reckless indifference to the safety of others" or engaged in intentional misconduct. In other words, Oregon law permits people injured by drunk drivers to give teh drunk driver a “legal spanking.”

3. Wrongful Death Damages

If the drunk driving or driving under the influence (DUII) crash results in the death of another, the surviving family members may file a wrongful death lawsuit. Damages in a wrongful death claim may include:

• Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial.

• Loss of Financial Support: Compensation for the loss of the deceased’s income and financial contributions to the family.

• Loss of Companionship: Compensation for the emotional and relational loss suffered by surviving family members.

• Emotional Distress: Compensation for the mental anguish, distress, and grief experienced by the surviving family members.

4. Additional Remedies

• Insurance Claims: Victims can file a claim with the drunk driver's insurance company to recover damages. If the driver's insurance coverage is insufficient, the victim’s own uninsured/underinsured motorist coverage may provide additional compensation.

• Restitution: In some criminal cases, courts may order the drunk driver to pay restitution to the victim as part of the sentencing process. This is separate from civil damages and aims to compensate for out-of-pocket expenses. There can also be a “compensatory fine” ordered in some limited circumstances.

• Dram Shop Claims: The injured person or the Estate of a person killed by a DUII driver can also sue a bar, home-owner, or renter if they overserved alcohol to the Drunk Driver. These are called “Dram Shop Cases.” There are some very short timelines involved in Dram Shop cases, and they can be difficult to prove, so please speak with a lawyer if you believe you have a dram shop case.

Filing a Lawsuit

To get any compensation from being involved in a crash caused by a DUII driver, the injured party must file a civil lawsuit against the drunk driver. The process typically involves:

1. Filing a Complaint: Initiating the lawsuit by filing a legal complaint outlining the facts of the case and the damages sought.

2. Discovery: Both parties exchange information and evidence related to the accident and injuries.

3. Settlement Negotiations: Many cases are settled out of court through negotiations between the plaintiff and defendant (or their insurance companies).

4. Trial: If a settlement is not reached, the case proceeds to trial, where a judge or jury determines liability and awards damages.

Statute of Limitations

In Oregon, the statute of limitations for personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. For wrongful death claims, the statute of limitations is typically three years from the date of death. If there is a Dram Shop claim involved a formal notice to the person, business, and/or company that you believe over-served you must be served within 180 days of the crash. There may be other time limitations invovlved, so please consult with a DUII Injury Lawyer such as Jeremiah Ross.

Legal Assistance

It is advisable for victims to consult with an experienced personal injury attorney to navigate the legal process, ensure all deadlines are met, and maximize the potential recovery. Ross Law has represented numerous individuals that have been injured by DUII driver’s in Oregon and has achieved incredible results for them. Please call DUII Injury Lawyer Jeremiah Ross at 503.224.1658 if you have any questions regarding your rights and remedies if you were injured by a DUII Driver in Oregon.

Please remember this post is not to be relied upon as a substitute for legal advice. Remember the law is always changing, so please consult with an Oregon Personal Injury lawyer such as Jeremiah Ross and Ross Law LLC rather than relying on this post.

The Difference Between Civil and Criminal Sex Abuse Cases in Oregon

Sexual abuse cases are sensitive and complex legal matters that often involve both civil claims and criminal charges. In the state of Oregon, as in many jurisdictions, it's crucial to distinguish between the two legal processes to comprehend the nuances and implications for the parties involved. For many sexual assault survivors, these nuances are often misunderstood. Many times the sexual abuse victim may think the District Attorney or Victim Witness is “their lawyer” and is acting to ensure their civil claim is protected. That is not the case. Every sexual assault victim should understand the following if they desire to pursue a civil claim against the wrongdoers:

1. Purpose and Parties Involved:

   • Civil Claim: Civil claims in Oregon for sex abuse typically involve a victim seeking financial compensation from the alleged perpetrator. The purpose is to try and make up for the harm caused to the victim through financial compensation. Civil claims not only involve the actual perpetrator but can also involve a person or entity that foreseeably caused the sexual assault to happen. There are countless situations where a corporation or the government may be responsible for a sexual assault. Some examples are: 1) Oregon DHS houses a child with a foster parent who did not perform a background check and the foster parent sexually abuses the child. 2) School Administrators ignore complaints a teacher is acting inappropriately around children, and the teacher later abuses a child, 3) A security guard or law enforcement officer sexually assaults a person while on duty,

   • Criminal Charges: Criminal charges, on the other hand, are initiated by the state of Oregon against the alleged offender. The primary goal is to punish the perpetrator for violating criminal laws and to protect society. They are limited to the actual perpetrator.

2. Burden of Proof:

   • Civil Claim: The burden of proof in civil cases is lower than in criminal cases. In a civil claim, the plaintiff must establish the defendant's liability by a preponderance of the evidence, meaning that it is more likely than not that the alleged misconduct occurred. This is much lower than criminal court.

   • Criminal Charges: Criminal charges require a higher burden of proof. The prosecutor must prove the defendant's guilt beyond a reasonable doubt, a significantly more demanding standard to secure a conviction.

3. Legal Consequences:

   • Civil Claim: If the plaintiff prevails in a civil claim, the court may award monetary damages to compensate the victim for physical, emotional, and financial harm suffered due to the sex abuse. The court can also award punitive damages to punish the wrongdoers for the harm that they caused.

   • Criminal Charges: A conviction in a criminal case can lead to various legal consequences, including imprisonment, fines, probation, and mandatory registration as a sex offender.

4. Initiation of Legal Proceedings:

   • Civil Claim: Civil claims are usually initiated by the victim or their legal representative filing a lawsuit against the alleged perpetrator. The victim is often seeking justice and financial compensation for the harm suffered.

   • Criminal Charges: Criminal charges are initiated by the state or federal government through a prosecutor who represents the public's interest. The victim may or may not be directly involved in the decision to press charges. This is a big distinction because the victim may have a civil lawyer and the District Attorney working on their cases at the same time.

5. Statute of Limitations:

   • Civil Claim: Civil claims for sex abuse in Oregon have a specific statute of limitations that dictates the timeframe within which a lawsuit must be filed. This timeframe can vary based on factors such as the age of the victim and the nature of the abuse.

   • Criminal Charges: The statute of limitations for criminal charges in sex abuse cases may differ, and it is essential to consider the specific details of the alleged offense.

Understanding the difference between civil claims and criminal charges in Oregon sex abuse cases is crucial for all parties involved. While a civil claim focuses on compensating the victim, criminal charges aim to punish the offender and protect society. Navigating these legal processes requires a nuanced understanding of the distinct standards of proof, purposes, and consequences associated with each legal avenue. That is why it is highly recommended that any sexual assault survivor consults with a lawyer with experience in Oregon Sex Abuse Cases such as Jeremiah Ross at Ross Law LLC. Please call 503.224.1658.

Suing the State of Oregon DHS for Foster Child Abuse

In recent years, concerns have emerged regarding the well-being of foster children under the care of the State of Oregon Department of Human Services (DHS). Allegations of abuse and neglect have raised serious questions about the effectiveness of the state's foster care system, prompting some families to consider legal action. Some of those families have come to Ross Law which has successfully litigated cases against the State of Oregon for their failures to Oregon’s foster children. Suing the DHS for foster child abuse is a complex process, but it is a necessary process to ensure the protection of vulnerable children.

Understanding the Legal Landscape:

Taking legal action against a government agency like the DHS involves navigating a complex legal landscape. While the government is typically protected by sovereign immunity, there are exceptions that may allow individuals to sue for damages in cases of abuse or negligence. One such exception is when the government agency fails to uphold its duty to protect the rights and safety of foster children. Another legal issue that commonly arises is the Tort Claim Notice which may be necessary depending on the legal status of the custody of the child when the harm arose. Additionally, there are different legal claims ranging from negligence under Oregon’s Tort Claims Act, Strict Liability for Foster Children abusing others, and Civil Rights violation for the State’s violations of the child’s civil rights.

Building a Case:

To successfully sue the State of Oregon DHS, it's crucial to gather compelling evidence of abuse or neglect. This may involve obtaining medical records, testimonies from witnesses, DHS CPS Records (investigative reports and findings), police reports, and any documentation of any reported incidents. Engaging the services of an experienced attorney with expertise in child welfare cases is essential for building a strong case against the government agency.

Challenges and Considerations:

Suing a government entity comes with its own set of challenges, including legal hurdles and potential backlash. The process can be lengthy and emotionally draining, requiring a resilient commitment to the pursuit of justice. It's essential to weigh the potential benefits against the inherent difficulties, considering the impact on the affected children and their families.

Advocating for Change:

While legal action is a route for seeking justice for individual cases, it's also an opportunity to bring attention to systemic issues within the foster care system. Ross Law and others can leverage the legal process to push for policy changes, increased transparency, and improved oversight to prevent future cases of abuse and ensure the well-being of all Oregon’s foster children.

Conclusion:

Suing the State of Oregon DHS for foster child abuse is a challenging but potentially impactful endeavor. It requires dedication, a strong legal strategy, and a commitment to improving the overall welfare of vulnerable children. By holding the state accountable, individuals can contribute to a broader conversation about the need for reform within the foster care system, ultimately working towards a safer and more protective environment for all foster children.

Need Help?

If you or someone you know has been abused while in the custody of the State of Oregon please call Ross Law at 503.224.1658 to discuss your case. Attorney Jeremiah Ross has represented foster children and victims of Oregon’s DHS’s failures throughout the State of Oregon.

Jeremiah Ross Selected as National Trial Lawyer Top 100

The National Trial Lawyers Association has selected Jeremiah Ross as a Top 100 Civil Plaintiff’s Lawyer in the United States. This selection reflects Jeremiah Ross’s dedication to Oregonians and their Personal Injury Cases, Crime Victim Cases, and consumer cases.

If you or someone you know need a personal injury lawyer, crime victim lawyer, or a consumer lawyer in Oregon, please call Jeremiah Ross and Ross Law LLC at 503.224.1658.

2019 Was An Incredible Year for Ross Law's Clients!

2019 was an amazing year for Ross Law and our Clients! Ross Law worked tirelessly to assist Oregonians to obtain maximum compensation for their Personal Injury cases, wrongful death cases, crime victim cases, insurance disputes, and consumer cases.

Below is a rundown on some of the results from 2019:

• $2,225,000.00 Jury Trial Verdict where Jeremiah Ross co-counseled a two-week medical malpractice & Patient Safety case with another attorney against one of Oregon’s top medical malpractice defense law firms. Click HERE for more information on that case.

• Significant Settlement in Case Against DHS and others in a case where our young client was abused and neglected while she was in the legal custody of the Department of Human Services. Click HERE for more information on the lawsuit against Oregon’s DHS & CPS.

• Confidential Settlement in Wrongful Death Case against a mental health provider whose negligence resulted in a schizophrenic’s suicide;

• Confidential Settlement received in a civil domestic violence case against an abuser. Ross Law represented a young survivor of domestic violence and filed a lawsuit against the abuser after he was convicted of his crimes in criminal court. As a crime victim’s lawyer, Ross Law fought tirelessly to cut through very complex legal issues to ensure the victim received compensation to regain the power and control of her life.

• $100,000.00 settlement for Ross Law’s client who was backed over by a vehicle while she was urinating behind the vehicle due to her intoxication. The bad driver’s insurance company denied any liability until Jeremiah Ross litigated the matter.

• Insurance Benefits obtained for a client who the insurer denied personal injury protection benefits to a cyclist who was thrown into a car at a stop sign. The stopped vehicle’s insurer denied benefits based on its interpretation of the law that the cyclist had to be “struck by” the vehicle. The judge ordered the Insurance Company to pay the cyclist $15,000.00 in denied insurance benefits and the cyclist’s costs and attorney fees. Click HERE for more information on that case.

• Insurance Benefits obtained for a client who was wrongfully denied Personal Injury Protection benefits from USAA and Auto Injury Solutions. The judge ordered USAA to pay the outstanding benefits and our client’s costs and attorney fees. Click HERE for more information on that case.

• Numerous favorable Settlements in Lemon Law and Auto Dealership Fraud Cases. These settlements included cash that was paid directly to our clients by the dealership, buy-backs of vehicles, unwinding car deals, and the dealership or auto manufacturers paid Ross Law’s consumer client’s costs and attorney fees.

There were many other amazing results for or clients! Please remember that results for all clients will vary. Each case is different. Some cases are better than others. If you, or someone you know, needs a personal injury lawyer, wrongful death lawyer, crime victim’s lawyer, or consumer lawyer please call Ross Law at 503.224.1658.

Jeremiah Ross Selected as a SuperLawyer! Again....

2019 was an incredible year for Ross Law and Jeremiah Ross! Ross Law fought tirelessly for our clients in personal injury cases, insurance disputes, wrongful death cases, medical malpractice cases, lemon law cases, auto dealership fraud cases, and crime victim cases. Ross law achieved incredible results for our clients.

Peers selected Jeremiah Ross as a 2020 SuperLawyer for personal injury general plaintiff’s practice. This is the fifth year Jeremiah Ross has been recognized by SuperLawyers.

• 2020 Oregon Super Lawyers

• 2019 Oregon Super Lawyers

• 2018 Oregon Super Lawyers

• 2017 Oregon Rising Stars

• 2016 Oregon Rising Stars

We look forward to continuing with the amazing success Ross Law has had and are thankful to be rated as a SuperLawyer!

Please remember the results may vary for each client. Each case is different. If you or someone you know needs to speak with a Personal Injury Lawyer, Wrongful Death Lawyer, Crime Victim Lawyer, or Consumer Lawyer, please call 503.224.1658 to speak with Ross Law. This post may be considered Attorney Advertising.

Ross Law Is Open!

It has been a crazy couple of weeks. COVID-19 was an unknown term three weeks ago, now we are working to “flatten the curve” by staying home and social distancing in an effort to slow the spread of this virus. Here at Ross Law we are working hard to continue to provide exceptional client services while working remotely. Personal Injury case, Insurance Disputes, and Crime Victim case evaluations and meetings will now be by phone and email. Consumer consultations and auto fraud case evaluations will also occur on the telephone and email. This is less than ideal, but we are adapting as this situation unfolds.

Things may take a little longer because insurance companies and medical providers take longer to process claims and get us records, but we will keep moving forward. Please contact Ross Law at 503.224.1658 to discuss your personal injury case, insurance denial, consumer or auto fraud case. Oregon Personal Injury and Consumer lawyer Jeremiah Ross is happy to assist Oregonians during these difficult times.