Oregon Injury Lawyer Blog

August 10, 2022

Multiple Fatal Summertime Crashes Across Oregon are a Reminder of the Many Risks Motorcycle Riders Face on the Roads

Summertime in Oregon is an excellent time to take in the scenery aboard a motorcycle. As motorcyclists know, whenever they hit the road, they are among the most vulnerable to serious or fatal injuries if a collision occurs. Often, much or all of the blame for these catastrophic crashes rests upon a car, truck, or SUV driver who failed to maintain a properly diligent lookout. When that happens and a severe or fatal injury impacts your family, a knowledgeable Portland motorcycle accident lawyer can provide you with invaluable aid as you navigate the legal system.

Sadly, the last several weeks have been extremely deadly for motorcyclists across Oregon. In late June and early July alone, two crashes in Central Oregon left two motorcyclists dead.

In the June crash, the driver of a Ford Thunderbird collided with a motorcyclist and his passenger at an intersection along Highway 97. Oregon State Police indicated that the driver of the car “failed to stop at the intersection,” colliding with the couple’s motorcycle. The driver of the motorcycle, a 65-year-old man from Washington, died at the scene. The passenger, the deceased’s 62-year-old wife, suffered critical injuries, according to a Central Oregon Daily report.

July 25, 2022

The Oregon Court of Appeals Just Revived the Case of a Widow Whose Husband Died 24 Hours After an Emergency Room Discharged Him

by Matthew D. Kaplan

In 2018, CNBC reported that “more than 250,000 people in the United States die every year because of medical mistakes, making it the third leading cause of death after heart disease and cancer,” according to research conducted by Johns Hopkins. The Journal of Patient Safety concluded that the number of deaths attributable to medical errors actually was more than 400,000. Inevitably, thousands of those annual deaths occur right here in Oregon. Families impacted by medical negligence only have a limited period of time to pursue legal action, which is why contacting a knowledgeable Oregon medical malpractice lawyer as soon as possible is crucial.

Late last month, the Oregon Court of Appeals issued a ruling that revived a widow’s medical malpractice case against the hospital and doctors who treated her husband.

This case is a reminder of several important things, but we’ll focus on two. The first is the prevalence of fatal mistakes by medical providers. As noted above, reputable sources have placed the number of deaths in the hundreds of thousands every year. These mistakes include everything from prescribing (or administering) the wrong drug (or the wrong dosage) to leaving surgical instruments inside patients after operations to making incorrect diagnoses as a result of reviewing the wrong test results.

July 8, 2022

Federal Regulators Announce Long-Awaited Standards for Side-Impact Testing of Child Car Seats

by Matthew D. Kaplan

When parents with young children purchase a new vehicle, they may pore over data regarding the vehicle’s safety ratings, including its safety in side-impact collisions. Unlike that new car, van, or SUV, the car seat carrying those same parents’ young child may not have undergone similarly rigorous side-impact crash testing. When a car seat fails to perform as it should in a crash and a child is injured, the law allows those families to seek compensation, and they should contact a knowledgeable Oregon child injury lawyer right away.

Late last month, the National Highway Traffic Safety Administration announced a new rule that modified the existing “Federal Motor Vehicle Safety Standard No. 213,” which is the rule covering child car seats. For decades, federal regulations required manufacturers to put their car seats through crash simulation testing that replicated a “30-mph frontal impact.” The new amendment “establishes a side impact test that replicates a 30-mph side collision, commonly known as a T-bone crash. ”

This amendment to the rule is a welcome addition, but it was a long time in coming. Congress initially called for the addition of side-impact standards to the rule more than 20 years ago, in 2000.

June 27, 2022

The Oregon Supreme Court Just Greenlit a Disability Discrimination Lawsuit Against a Jail Medical Provider Based on its Failure to Provide Proper Care

by Matthew D. Kaplan

When a loved one has been hurt (or has died) because they did not receive proper medical care while incarcerated, the ultimate goal always is to get justice. Simply obtaining a court document that generally says “judgment for the plaintiff” may not always, in and of itself, be enough. A truly successful case means asserting all the right claims and holding all the responsible parties accountable. As you and your family seek to do that, be sure to rely on a knowledgeable Oregon civil rights lawyer experienced in handling jail medical neglect cases.

Maximizing your case’s strength often means, among other things, including in your lawsuit every person and entity liable for the harm your loved one endured. When it comes to doing that, a recent ruling from the Oregon Supreme Court is very helpful for prisoners harmed by mistreatment (or the families of prisoners killed by such negligence.)

The prisoner in the case had diabetes. He also was deaf and communicated using American Sign Language (ASL). A Clackamas County deputy who did not understand ASL tried to communicate with him. The deputy wrongfully identified the prisoner as a suicide risk and placed him on suicide watch.

June 9, 2022

The Importance of Compliance With the Statute of Limitations in Your Wrongful Death Case

by Matthew D. Kaplan

The wrongful and unexpected death of a loved one can be overwhelming. It often involves grieving and caring for other affected family members. It may include having to plan final arrangements while also fielding phone calls from insurers and others seeking to obtain a quick (and cheap) settlement of your legal claims. As you deal with your family matters, rely on an experienced Oregon wrongful death lawyer to provide the assistance you need in addressing the legal matters.

This skillful representation matters because your case may involve a large amount of damages and will probably encounter a vigorous (and well-funded) opposition. A knowledgeable legal advocate can make sure everything is done properly… and on time.

Timing is a crucial element, as a recent federal wrongful death case shows. The case involved a Washington man who worked in shipyards for much of his 20s, often working with and/or near materials that contained asbestos.

May 25, 2022

Once Again, an Inmate Has Died at a Jail Where Wellpath, the Private Medical Care Provider, Was Responsible for Treatment

by Matthew D. Kaplan

No one deserves to die a slow, painful death because their numerous pleas for medical treatment fell on deaf ears among those responsible for providing that care. Unfortunately, that exact outcome happens too often in jails and prisons in Oregon and around the country. In many of these cases, the entity responsible for providing medical care to those inmates is a private, for-profit company to which the state or county has outsourced medical care responsibilities. Whether or not the wrongdoer was a state/county agency or a private contractor, when an inmate dies from inadequate medical care, that inmate’s family (estate) very likely has a negligence claim and possibly a civil rights action. That family should contact an Oregon jail death lawyer about the proper legal steps to take. Timing is critical in these cases in order to preserve evidence and investigative materials as well as to send the proper tort claim notices to preserve claims against public entities.

Another month has delivered yet another report of an inmate’s death inside a jail. Voices of Monterey Bay‘s recent report focuses on one of the bigger (and more notorious) private contractors providing prison medical care, Wellpath.

The California inmate who died, according to one source, had been moved from the Monterey County Jail’s general population after expressing “suicidal thoughts.” However, on the night of April 19, he was removed from suicide watch, according to a nurse. The next morning, a deputy found him unresponsive. The inmate died from asphyxia, the result of the massive amount of toilet paper he stuffed up his nose and down his throat, according to the coroner.

May 10, 2022

The City of Portland is Taking over Control of Historically Dangerous 82nd Avenue — and Planning Multiple Improvements

by Matthew D. Kaplan

Portland is a place with a lot of pedestrians. Some people eschew horsepower for foot power to help the planet, others do so to take in the beautiful sights and sounds of the city, while still others do so out of financial necessity. Whatever the reasons, Portland pedestrians should be safe as they traverse the city’s roads. Too often though, that doesn’t happen. Sometimes, it’s the result of a negligent driver. Other times, hazardous conditions on and around the road play a role. Whatever the specifics of your case, an experienced Portland pedestrian accident lawyer can help you at all steps in the process, from investigating the accident scene to the resolution of your case.

Oregon Route 213 is known by many names, including Lancaster Drive, Silverton Road, and Cascade Highway. However, Portlanders know Route 213 better as 82nd Avenue.

Following a recent unanimous vote of the City Council, the City of Portland will take ownership from the state of a seven-mile stretch of 82nd Avenue that runs through East Portland from the international airport to the city’s southern boundary, Oregonlive.com has reported.

April 25, 2022

Deciding Whether to Litigate Your Wrongful Death Case in Federal Court or Oregon State Court

by Matthew D. Kaplan

As we mentioned earlier this month, losing a loved one due to the negligence of someone with whom you entrusted them is an indescribably painful thing. As you and your family cope with the massive personal loss, there are still the legal ramifications and the financial loss your family has suffered as well. As you and your family work to heal, look to an experienced Oregon wrongful death lawyer to handle all of your litigation needs.

A skillful injury attorney is vitally important for many reasons. One of the biggest is advice and counsel about the many crucial decisions you’ll have to make throughout the process. For example… should you settle or continue litigating? Should you pursue your case in state court or federal court?

Once you’ve made a state-versus-federal court choice, an experienced attorney can fight to keep your wrongful death case in that court.

April 11, 2022

An Oregon High-School Swimmer’s Death Sparks Legal Action Against Her School, a Local City Government, and a Pool Cover Manufacturer

by Matthew D. Kaplan

Statistics show that the water can be a dangerous place for children… even older ones. A few years ago, a study placed drowning as the third-leading cause of death among teens ages 15-17. More recently, the U.S. Centers for Disease Control declared that, for “children ages 1–14, drowning is the second leading cause of unintentional injury death after motor vehicle crashes.” If that kind of horrible loss occurs due to the carelessness of adults or businesses, then those people and entities should be held to account. A knowledgeable Oregon wrongful death lawyer can offer essential advice and representation in doing just that.

A few months ago, The Oregonian again covered the story of the tragic 2019 drowning death of a 14-year-old high-school swimmer in Hillsboro. This most recent coverage dealt with the family’s wrongful death lawsuit. The lawsuit, filed in circuit court here in Portland, alleged failures by many people and groups, including the school district, the city of Hillsboro, and the manufacturer of the pool’s cover.

The lawsuit indicated that, on the day of the girl’s death, her team’s coach instructed her and some teammates to grab a pool cover, swim with it to the deep end of the pool, then swim back to the shallow end while beneath the cover.

March 24, 2022

A Recent Federal Indictment in Oregon is Yet Another Reminder of the Ongoing Problem of Sexual Assaults Committed by Prison Staff Members

by Matthew D. Kaplan

Even while incarcerated in Oregon, a person has certain basic human and civil rights, including the right (secured by the Eighth Amendment) to be free from cruel and unusual punishment. That right includes things like being free from “deliberate medical neglect” as a prisoner or being sexually assaulted by prison staff members. When those in charge deny those basic rights to inmates, the victim(s) may be able to pursue and win a civil rights lawsuit. Doing so often requires deep knowledge of the law and the process, which means that most any such case would benefit from the services of an experienced Oregon jail civil rights lawyer to maximize the chances of success.

Coffee Creek Correctional Facility is Oregon’s lone women’s prison. Regrettably and inexcusably, Coffee Creek has been a site of recurring sexual abuse of prisoners almost from its opening in 2001. Starting in 2002 and continuing for several years, the prison landscape manager and three others sexually abused numerous inmates, leading to civil settlements between the state and 17 of those victims, according to The Oregonian.

Sadly, the abuse did not end there. Earlier this month, The Oregonian reported that Coffee Creek’s former prison nurse entered a plea on dozens of charges related to sexual assaults during his time working at the prison. The indictment included 21 charges related to the man’s sexual misconduct and four counts of perjury.