Oregon Medical Malpractice Statute of Limitations

In Oregon, there is a two-year statute of limitations, or a two-year time limit, for filing a medical malpractice claim. Under state law, all Oregon medical malpractice claims must be filed in court within two years of the date of the injury. If the injury results in death, any lawsuit must be filed within three years of the injury, date of discovery, or date of death, but no more than five years from the date of injury.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Seventeen – Knee Injury

A knee injury is arguably “the king” of soft-tissue injuries. The knee is the body’s largest joint. It absorbs a great deal of shock. As such, a serious knee injury often results in some degree of permanent impairment. Quite often a well-documented knee-injury claim will produce a larger settlement in a personal injury case.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Sixteen – Concussions

This post addresses concussions, an injury that frequently occurs in auto accidents and must be considered by an insurance company carefully. It is estimated that in recent years concussion injuries have increased 10-fold to more than 3 million a year.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Fifteen – Seat Belt and Shoulder Harness

Seat belts and shoulder restraints are a double-edged sword. A person pursuing an injury claim by themselves might wonder how an insurance company considers the use or non-use of a seat belt at the time of accident. Because seat belts are designed to promote safety, it might seem that an un-belted passenger is more likely to have received the serious type of injury that will generate a large award by an insurance company.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Fourteen – “Active” (Do-It-Yourself) Medical Care

Let’s discuss the importance of actions taken by an injured party on his or her own initiative that helps speed their recovery from injury. As one can imagine this information is valuable to an insurance company, these actions are known as “active” medical care. These actions are not the same as “passive” medical care in which a person is making visits to a doctor’s office as a patient.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Thirteen – Loss of Enjoyment of Life and Other Intangibles: Non-Economic Damages

An insurance company will consider a range of factors under the rubric of “non-economic damages” (or non-monetary damages), often referred to as pain and suffering. Contrary to popular belief, a loss caused by injury does not have to be strictly quantifiable in order for it to qualify for compensation. “Loss of enjoyment of life” is a good example of intangible factors that, clearly presented, can add value to a personal injury claim.

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Insurance Companies Consider Need for Future Medical Treatment when Evaluating Oregon Personal Injury Claims

Insurance companies consider the need for future medical treatment when evaluating a claim. In some cases, a need for future treatment, such as a surgery, adds considerable value to a claim. In this calculation, value can be added by a possible need for future treatment, as well as a definite need.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Eleven – The So-Called “Independent” Medical Examiner, and the Myth of the “3-Month Healing Ceiling.”

This post addresses a prevalent myth that drives down claim value, and how insurance companies manage to exploit it, the myth being that “soft-tissue injuries heal in 3 months or less.” Insurance companies are able to do this by hiring a so-called “independent medical examiner” or “IME” to review injuries and give their “independent” opinion.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Ten – Duties under Duress

This blog post addresses an instance in which a person recovering from injuries often works in pain. Under certain circumstances, an insurance company will consider this factor as a damage sustained by an injured claimant, and will compensate the claimant for the damage.

This damage must be clearly shown to the insurance company. Key questions are, “Is it necessary that a person perform a particular activity?” and “Does it exacerbate pain?” Answers to questions like these should be properly documented in your medical records and demand letter.

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Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Nine – Pre-Existing Condition

This blog is intended to clarify how an insurance company should treat a personal injury claim that involves a pre-existing condition or injury. In short, a company should add value to a claim – not subtract it – when the claim involves a pre-existing condition that is documented in a meticulous fashion. Otherwise, the common rumor does hold true – that an insurance company will greatly devalue, or even refuse, a claim that involves a pre-existing condition.

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