Quick Answer
A catastrophic injury permanently changes your life, a spinal cord injury, traumatic brain injury, amputation, severe burns, or paralysis. In Oregon you generally have two years from the injury, or from when it is discovered, to file a claim (ORS 12.110), and you can recover even if you were partly at fault, as long as your share was 50% or less (ORS 31.600). Because the future medical care and lost earnings in these cases are enormous, insurers fight hard to undervalue them. A case review with Goldberg & Loren is free, and you pay nothing unless we win.
Recovering from a catastrophic injury can be a daunting and lengthy process. Goldberg & Loren is a reputable law firm in Portland, and we handle cases of catastrophic injuries, advocating for the legal interests of those who have suffered serious harm.
With 32 years of experience winning cases and a strong commitment to our clients, we are the firm you can trust to get you the compensation you deserve. Call our Portland catastrophic injury attorney at (971) 339-8080 for a free consultation today.
A Message From George Goldberg
"Catastrophic cases are about the rest of someone’s life. A spinal cord injury, a brain injury, an amputation, these do not heal, and the costs, medical care, lost income, and home modifications, stretch across decades. The insurance company’s whole strategy is to make that future look smaller than it really is. In more than 32 years of practice my job has been the opposite: to build the full picture with life-care planners, economists, and treating doctors, so the settlement or verdict actually covers what you will need for the rest of your life. When you call, you work directly with me, not a case manager, and you pay nothing unless we win."
George Goldberg, Founding Partner, Goldberg & Loren
Types of Catastrophic Injuries in Portland
Catastrophic injuries are severe and life-altering injuries that result in permanent disabilities or impairments. Numerous types of catastrophic injuries exist, some common injuries include:
- Traumatic Brain Injuries (TBIs): A TBI happens when the head experiences a sudden and severe blow or impact, leading to significant brain damage. TBIs can cause cognitive impairments, memory loss, paralysis, and other permanent disabilities.
- Spinal Cord Injuries (SCIs): Damage to the spinal cord can cause partial or complete paralysis, loss of sensation, and difficulties with motor function. SCIs often result in long-term disabilities, such as paraplegia (loss of sensation and movement in the lower body) or quadriplegia (loss of sensation and movement in all four limbs).
- Severed or Amputated Limbs: The loss of a limb or the severing of a body part can have a profound impact on a person's life. Amputation can lead to physical limitations, permanent disabilities, and the need for prosthetic limbs or assistive devices.
- Severe Burn Injuries: Severe burns can cause immense pain, scarring, and disfigurement. They may require skin grafting, multiple surgeries, and prolonged rehabilitation. Burn injuries can result in psychological trauma.
- Multiple Bone Fractures: Injuries involving multiple broken bones can be debilitating. They often require surgical interventions with extended recovery periods. Bone fractures may cause chronic pain, limited mobility, and long-term physical impairments.
- Organ Damage or Failure: Catastrophic injuries may involve damage or failure of vital organs, such as the heart, lungs, liver, or kidneys.
Causes of Catastrophic Injuries in Portland
Catastrophic injuries can be caused by a variety of factors, including:
- Motor Vehicle Accidents: Motor vehicle accidents, such as car, truck, or motorcycle crashes, are leading causes of catastrophic injuries.
- Falls: Falls from heights, such as falls from ladders, scaffolding, or rooftops, can cause a catastrophic injuries.
- Medical Malpractice: Errors committed by healthcare professionals, including surgical mistakes, anesthesia errors, or misdiagnosis, can lead to catastrophic injuries.
- Acts of Violence: Violent acts like assault, shootings, or stabbings can cause catastrophic injuries.
- Defective Products: Product malfunctions or defects can result in catastrophic injuries. Examples include faulty automobile components, defective machinery, or unsafe consumer products.
- Explosions and Fires: Explosions and fires can cause major injuries, including severe burns, smoke inhalation, and traumatic amputations.
Determining Fault in a Catastrophic Injury Claim
The process of determining fault in Portland may involve the following steps:
- Investigation: A thorough investigation is conducted to gather evidence and facts about the incident. This may include reviewing accident reports, eyewitness testimonies, photographs, video footage, and any available documentation.
- Analysis of Negligence: Negligence is generally defined as a failure to exercise the appropriate level of care that a reasonable person would exercise in similar circumstances. The injured party or their legal representative will need to prove that the responsible party owed a duty of care, breached that duty, and that breach directly caused the catastrophic injury.
- Expert Opinions: These experts, such as accident reconstruction specialists, medical professionals, or engineers, can help analyze the circumstances and provide insights into the cause of the injury and who may be at fault.
- Legal Proceedings: If fault cannot be determined through negotiation or settlement, a lawsuit may be initiated. The case will be presented in court, and a judge or jury will weigh the evidence and make a determination of fault.
Damages Available in a Catastrophic Injury Claim in Portland
Damages available in a catastrophic injury claim can vary depending on the circumstances of the case, but they generally fall into several categories.
- Medical Expenses: Catastrophic injuries often require extensive medical treatment, including surgeries, hospital stays, medication costs, physical therapy, assistive devices, and ongoing care.
- Rehabilitation and Therapy: Therapies may include occupational therapy, speech therapy, vocational training, psychological counseling, or specialized treatments. Damages awarded in a catastrophic injury claim may cover these expenses to help the victim adapt to their new circumstances and improve their quality of life.
- Loss of Income and Earning Capacity: Many catastrophic injuries lead to long-term or permanent disability, preventing the victim from returning to work or pursuing their previous career. Damages may be awarded to compensate for the lost income and potential future earnings.
- Pain and Suffering: Compensation for pain and suffering acknowledges the lasting impact these injuries have on the victim's overall well-being, including mental anguish, loss of enjoyment of life, and the need to adapt to a new way of living.
- Loss of Consortium: Catastrophic injuries not only affect the injured person but also place a strain on their relationships with their spouse. Damages for loss of consortium aim to compensate for the loss of companionship, support, and intimacy that results from the injury.
How Do Catastrophic Lawyers Get Paid?
Our payment is based on a contingency fee arrangement. Our lawyer's fee is dependent on the outcome of the case and the client receiving compensation.
In a contingency fee arrangement, our lawyer does not require the client to pay any upfront fees. Our lawyer has agreed to receive a percentage of the recovered damages if the case is successful.
Contact Our Experienced Catastrophic Injury Lawyers at Goldberg & Loren
If you or a loved one has experienced an injury in Portland, reach out to our catastrophic injury lawyers today. Our attorneys have 32 years of experience handling cases involving successful catastrophic injury claims. Call us or fill out our contact us using our online form.
Frequently Asked Questions
A catastrophic injury claim is considered valid if it can be established that another party's negligence or wrongdoing caused the injury and resulted in severe and life-altering consequences. Your lawyer will evaluate factors such as liability, the extent of your injuries, the impact on your daily life, the available evidence, and applicable laws to determine the viability of your claim.
The Statute of Limitations for personal injury claims, including catastrophic injury cases, in Oregon is two years from the date of the injury, or from when a hidden injury is discovered (ORS 12.110). If a government entity is involved, the Oregon Tort Claims Act (ORS 30.275) requires written notice within 180 days. There are certain exceptions and nuances to this timeframe, consult with a knowledgeable catastrophic injury lawyer who can assess your case and provide accurate information regarding the applicable Statute of Limitations.
Portland, Oregon follows a modified comparative negligence system (ORS 31.600). Meaning that if you bear some percentage of fault for the accident, your damages may be reduced proportionately based on your level of responsibility. As long as you are less than 51% at fault, you can still pursue a claim for compensation.
We Represent Those Who Have Experienced a Catastrophic Injury in the Following Cities and Communities Near Portland, Oregon:
- Beaverton, OR
- Hillsboro, OR
- Happy Valley, OR
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
