Smaller Cases Could Be Resolving by an ORS 20.080 Demand

Under ORS 20.080, a claim can be made for damages for personal injury up to $10,000.  The insurance company must respond within 30 days.  If the insurance company does not pay the full amount and a lawsuit is filed, the insurance company will be responsible for attorney fees and costs if a jury ultimately awards more than the amount offered during that 30 days.

This statute is very helpful in resolving smaller cases.  There are specific steps that must be taken to satisfy the requirements of the statute.  If you have a smaller case that might be resolved through ORS 20.080, please contact us at 541-382-5885 or through email at http://www.brotherslaw.com/. 

Vehicle, Tire and Child Restrains - Recall Notices

Did you know that you can sign up for notifications of recalls from The National Highway Traffic Safety Administration by visiting this site?  http://www-odi.nhtsa.dot.gov/subscriptions/index.cfm

According to NHTSA, after 2002 they receive an average of 20 tire recalls per year, 8 child restraint recalls per year, and an average of 600 vehicle recalls per year.   You can also sign up for notifications regarding motorcycles, helmets and motorcycle equipments.  Post 1998 NHTSA receives an average of 34 motorcycle related recalls per year. 

 

With so many products manufactured in China and elsewhere overseas these days, it is difficult to know where to turn for compensation in the event of an injury or wrongful death caused by a defective or dangerous product. If you are not sure what to do about your injuries or where to turn for help against a large multi-national corporation, talk to us first. 

With so many products manufactured in China and elsewhere overseas these days, it is difficult to know where to turn for compensation in the event of an injury or wrongful death caused by a defective or dangerous product. If you are not sure what to do about your injuries or where to turn for help against a large multi-national corporation, talk to us first. 

 

With so many products manufactured in China and elsewhere overseas these days, it is difficult to know where to turn for compensation in the event of an injury or wrongful death caused by a defective or dangerous product. If you are not sure what to do about your injuries or where to turn for help against a large multi-national corporation, talk to us first. 

 

Our firm has earned a reputation for aggressive, effective representation that gives people a voice for justice. We are willing to sue large corporations and the government on behalf of our clients. We provide a free, no-obligation case evaluation to discuss the circumstances of your accident and give you clear options for pursing money damages.  Please see our website at http://www.brotherslaw.com/Practice-Areas/Product-Liability.shtml.

SUPER BOWL XLVII!

As thousands of Oregonians join millions across the country planning to gather and watch America’s most popular sporting event, the Super Bowl, law enforcement and traffic safety partners urge everyone not to let drunk driving destroy your plans.

The excitement is building for one of America’s most anticipated and celebrated sporting events.  The Super Bowl brings together friends, families and fans each year to cheer on their teams.  Many will gather at sports bars, restaurants or Super Bowl Parties.  The U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), along with the National Football League have joined with local highway safety and law enforcement officials to spread an important safety message to the public about designating a sober driver on Super Bowl Sunday:  Fans Don’t Let Fans Drive Drunk.

Before choosing to drink, choose a sober designated driver.  Avoid the unsportsmanlike conduct of driving drunk by handing off your keys so that you, your passengers and everyone on our roads can safely arrive home.  Drunk driving is always preventable and driving drunk could result in seriously injuring or killing yourself or someone else.  Expect the police to have a visible presence and to stop anyone who makes the dangerous decision to drink and drive.

According to the Oregon Department of Transportation Crash Statistics, alcohol was a factor in 45 crashes in Bend in 2011, resulting in 21 needless injuries.  Three people died, representing half of the 2011 traffic fatalities in Bend.

According to the NHTSA, 10,288 people were killed in drunk driving crashes in 2010.  These drunk driving fatalities accounted for 31 percent of the total motor vehicle traffic fatalities in the U.S.  In addition, alcohol impairment among drivers involved in fatal crashes was almost twice as high during the weekend than during weekdays, and four times higher at night than during the day.

Here are some suggestions -

If you’re attending a Super Bowl Party or watching the game at a bar or restaurant:

*          Designate your sober driver before the party begins.

*          If you don’t have a designated driver, ask a sober friend for a ride home; call a cab, friend or family member to come and get you; or if possible, stay where you are for the night and don’t drive until you are sober.

*          Use the services of the local Bend business, “Sober Dudes”.  For $20 within Bend city limits, two sober dudes will come to you and drive you and your car home.   Check out their service on Facebook (soberdudesllc) or their website www.soberdudes.com.

*          Never let friends drive drunk.  Arrange a safe way for them to get home.

*          Always buckle up.  It’s still your best defense against drunk drivers.  

If you’re hosting a Super Bowl Party:

*          Make sure all of your guests designate their sober drivers in advance, or help arrange ride-sharing with sober drivers.

*          Serve plenty of food and non-alcoholic beverages at the party.

*          Host your party just like they do at the stadium - Stop serving alcohol at the end of the third quarter of the game.  The fourth quarter is perfect for serving coffee and dessert.

*          Keep the phone numbers of the local cab company and Sober Dudes LLC on hand and take the keys away from anyone who is thinking of driving drunk.

 

www.brotherslaw.com

Another Match.com Date Gone Very, Very Wrong

A lawsuit has been filed against Match.com by a woman who was beaten within an edge of her life.  She alleges that the dating website did not properly advise her of the risks of online dating.  Apparently this man did not have any criminal convictions, so even if Match.com did have criminal background checks in place, this would not have prevented this tragic event. 

When I appeared on the TODAY show with Jennifer about her Match.com experience, a lawyer from Illinois called me regarding the lawsuit he intended to file against Match.com.  This may or may not be that one, but there will likely be more of these if customers continue to get physically and sexually assaulted on dates.  In our case, we determined that Match.com could not be held accountable for the actions of Jennifer's perpetrator.  However, if Match.com continues to not conduct criminal background checks, and one of its customers is unnecessarily injured or killed, Match.com will have signficant exposure to large-damages lawsuits.  I wonder what the additional cost would be to Match.com if they were to institute a policy of criminal background checks on its members?  Could participants opt out, and if they did, would that be made clear to other participants? 


And here is a link to the CNN article: http://www.cnn.com/video/?hpt=hp_t3#/video/us/2013/01/25/nr-hostin-match-com-lawsuit.cnn

Here is a link to our website about representing victims of sexual assault:  http://www.brotherslaw.com/Practice-Areas/Sexual-Child-Abuse-Victims.shtml

Tragedy on Northeast Oregon Freeway

A tragic accident occurred on I-84 yesterday, leaving 9 people dead and many more injured just east of Pendleton.  Most likely, the tragedy occurred due to icy roads.  I've traveled that stretch of freeway so often, and it is often treacherous.  This wreck is a reminder to all of us that safe, defensive driving in safe vehicles is the only way to travel in winter storms.  Although the name of the bus company has yet to be released as of this blogging, there will likely be several lawsuits against it's liability policy.  The families of the victims of this tragedy will soon learn that money will never, ever compensate for their loss.  I hope that, if they choose to do so, they will seek reputable legal counsel who can help them deal with the insurance companies while they concentrate on healing. 

If you or a loved one are interested in talking with an attorney to learn about your options, you can learn more about our firm at http://www.brotherslaw.com/Practice-Areas/Car-Accidents.shtml. 

For ongoing information on this accident, you can visit http://abcnews.go.com/US/oregon-bus-crash-leaves-people-dead/story?id=18096025#.UOG0puRlGRk. 

What Can We Learn from Wisconsin?

Wisconsin Republican governor, Scott Walker, took office on January 3, 2011.  Within days, he proposed a "job creation" agenda to the state legislature.  It included many "tort reform" schemes which had the ultimate detrimental effects of decreasing Wisconsin citizens' access to the civil justice system, inhibiting one's ability to receive adequate compensation for injuries, and allowing corporations to avoid accountability when they harmed consumers.   The legislation, which was signed into law on January 27, 2011, included such items as: 1) a $750,000 cap on noneconomic damages in cases arising from nursing home neglect; 2) a $200,000 cap, or twice the amount of compensatory damages (whichever is greater) on punitive damages recoverable in civil claims; 3) revised rules regarding strict products liability claims; and 4) adopted the federal Daubert reliability standard for expert testimony in place of Wisconsin's "relevancy test" which allowed cross-examination of experts for the purpose of testing credibility and reliability. 

Unfortunately, the most severely injured Wisconsin citizens will discover that this legislation has  curtailed their ability to receive much-needed lifelong care.  In addition, because nursing home negligence litigation can be so costly, the cap on noneconomic damages will make it more difficult for patients injured in nursing home facilties (and their families) to find legal representation. 

In his campaign for governor, Walker claimed he would create 250,000 new jobs through this job creation legislation, which included the above items of "tort reform."  Walker's agenda failed.  During his first year in office, Wisconsin ranked last in job creation among all the states, and according to statistics from September, 2012, he has only created an estimated 27,311 jobs.  Opponents were so adament about Walker's failures, that a recall election was held which Walker narrowly won and was allowed to keep his seat as governor. 

The evidence is clear:  The Walker "job creation" legislation, fueled by "tort reform" agendas, stripped away the rights of Wisconsin residents who were injured due to corporate negligence.  Hopefully, a lesson has been learned:  restricting the rights of residents to seek reasonable redress in civil courts is not the path to economic prosperity. 

Jennifer Coughlin on The TODAY Show

I had the incredible and memorable experience of appearing with my client on the TODAY show in New York City last Wednesday.  It was a moving and powerful interview of my client and myself done by Savannah Guthrie. 

To check out the whole interview, visit www.brotherslaw.com.