Recent Blog Posts

Pedestrian deaths are spiking across the US: Why?

By Schauermann Thayer | Posted on February 24, 2024

Statistically, there is a greater chance that you may be seriously injured in a pedestrian accident than there was a decade ago. The pedestrian accident attorneys in Washington at Schauermann Thayer Injury Law can help you fight for full compensation if you or a loved one have been involved in a pedestrian accident. There… Read More »

Winter Safety Tips: 10 Ways to Prevent Slips, Trips, and Falls

By Schauermann Thayer | Posted on February 7, 2024

There are steps you can take to increase your own safety. Your own actions could become an issue in a lawsuit. Not only must you take care in order to stay safe, but you must also exercise extra vigilance to preserve your rights to financial compensation. If you have been injured in a slip… Read More »

The Most Common Injuries from Rear-End Collisions

By Schauermann Thayer | Posted on January 24, 2024

The driver who struck you in an injury-causing rear-end collision may have altered your daily life through their carelessness. The Washington car accident attorneys at Schauermann Thayer Injury Law can handle the claims process on your behalf. The force of the rear-end car accident can cause your body to suddenly lurch forward. The quick… Read More »

Car Accident Injuries That Require Surgery

By Schauermann Thayer | Posted on January 16, 2024

Surgeries from a car accident can result in both significant financial costs and other collateral consequences. Schauermann Thayer Injury Law works for you to recover every dollar that you are owed through the legal process. Emergency room treatment is expensive enough after a car accident. Your medical expenses can multiply exponentially when you must… Read More »

Holiday Driving: Motor Vehicle Crash Fatality Rates in Oregon

By Schauermann Thayer | Posted on January 4, 2024

The holidays are a time when many people take to the roads to be with their families. Unfortunately, they are also a time when many car accidents occur. The lawyers at Schauermann Thayer Injury Law can help you fight for appropriate compensation if you have been injured in an accident. Between increased traffic and… Read More »

Oregon Failure to Stop Accidents

By Schauermann Thayer | Posted on December 25, 2023

Hit-and-run accidents are not only a crime, but they also present legal challenges for the injured person. You can still receive financial compensation if you have been injured in a failure to stop accident. Schauermann Thayer Injury Law will handle all aspects of your car accident injury case. Oregon law requires drivers to stop… Read More »

You always want to contact an attorney early in the potential pursuit of your personal injury claims. Not only could a lawyer begin crucial investigation, but this call can also reduces the risk that you may miss key deadlines. The attorneys at Schauermann Thayer have earned their reputation over decades by helping clients like you obtain financial compensation in personal injury cases. The statute of limitations imposes a strict deadline for when you may file a claim or lawsuit. This and other deadlines which might apply can vary based on the type of personal injury case you are pursuing. The penalties for missing the statute of limitations or other deadlines can be harsh. When you feel that you need a personal injury lawyer, call Schauermann Thayer. We can discuss your case in a free consultation and help you get the legal process started. The Statute of Limitations and Oregon Law The statute of limitations determines the time period in which you have to file a lawsuit in your case. If that deadline passes without you filing and serving a lawsuit, you likely no longer have the legal right to seek financial compensation for your injuries. There are other potentially applicable time limitations on injury claims in Oregon, depending on the circumstances you might need to be aware of. It is always important to understand Oregon law before you file a claim or lawsuit and even before you wait too long to understand what time limitations might apply. These laws can impact your ability to obtain compensation. An experienced personal injury attorney could explain the legal considerations that relate to your specific case, including any time limitations applicable for filing a lawsuit or pursuing your injury claims. Personal Injury Law in Oregon If you or a loved one have been injured in an accident, you may be entitled to financial compensation. You could file a personal injury claim or lawsuit to seek payment for your injuries. You must prove that someone else was to blame for your injuries to obtain a settlement or award. Personal injury claims include: ● Car accidents ● Pedestrian accidents ● Motorcycle accidents ● Product liability injuries ● Premises liability injuries ● Bicycle accidents ● Rideshare accidents Statutes of Limitations in Specific Personal Injury Cases In Oregon, the statutes of limitations in certain personal injury cases are as follows: ● In a personal injury case, you likely have two years from the date of injury to file the complaint in your lawsuit ● In a wrongful death case, an estate likely has three years from the date of the accident ● There are other special rules and circumstances to be aware of that are not fully outlined here. If a claim that might be filed in Oregon is based upon the law of another state, the statute of limitation in that state could potentially apply to your Oregon case. Why the Statute of Limitations Exists The statute of limitations is a firm deadline. It does not matter whether you miss it by a day or a month; the end result would likely be the same. The court could dismiss your case without even reaching the merits. Oregon’s personal injury laws balance your interests with the at-fault defendant's. The law imposes a deadline out of fairness to the defendant. It could be unjust for a defendant to face a lawsuit many years later, when they no longer have the evidence needed to tell their side of the story. How the Discovery Rule Impacts the Statute of Limitations In many cases, it is clear when the statute of limitations begins to run - it would be on the date of your accident. However, you may not always know immediately that you have suffered injury. You may learn years later that you were injured because you did not develop symptoms at the time of an accident or exposure. You would not have been able to begin the legal process because you did not know you were injured in the first place. Oregon law applies a discovery rule that states that the statute of limitations begins to run after the time that you discovered your injury. For example, you may have developed a medical condition years after taking a defective drug. When it comes to the discovery rule, everything depends on the facts and circumstances of your individual case. Exceptions to the Statute of Limitations While exceptions to the statute of limitations are rare, there are some circumstances in which a court could extend your deadline to file a lawsuit. Exceptions to the statute of limitations can include: ● A minor has until their 19th birthday, or five years after the accident, whichever is sooner, to file a lawsuit; or, ● The defendant fraudulently concealed the cause of action from you; ● Among others, potentially. Courts tend to strictly construe exceptions to the statute of limitations. As the plaintiff, you would have the burden of proof to show that an exception applies. Various factors may affect your ability to meet any potential deadlines applicable to your claims. One of the most crucial is when you contact an attorney to understand what the deadlines are and potentially begin working on preserving them. Contact the Personal Injury Attorneys at Schauermann Thayer Today When you have been injured in an accident, get legal help from the experienced Portland personal injury lawyers at Schauermann Thayer. We fight for our clients, while handling each case compassionately. Call us today at (360) 695-4244.

Oregon’s Statute of Limitations for Personal Injury: What You Need to Know

By Schauermann Thayer | Posted on December 7, 2023

You always want to contact an attorney early in the potential pursuit of your personal injury claims. Not only could a lawyer begin crucial investigation, but this call can also reduces the risk that you may miss key deadlines. The attorneys at Schauermann Thayer have earned their reputation over decades by helping clients like… Read More »

Most Dangerous Street Crossings in Portland

By Schauermann Thayer | Posted on November 15, 2023

Like every city across the country, pedestrian safety in Portland poses a critical issue. The number of injury-causing pedestrian accidents has risen sharply in the area. The attorneys at Schauermann Thayer have achieved numerous large verdicts and settlements for clients in pedestrian accident cases. Although the state and city governments have tried to take… Read More »

$While there are instances in which a personal injury lawsuit may be appropriate for a work-related injury, there are many things to understand before moving forward with such a claim. Many employers are required to carry a form of insurance to ensure that employees who are injured or become ill due to their jobs do not have to pay for the expenses associated with those illnesses or injuries. This insurance is workers’ compensation. For some injuries, a worker may wonder if workers’ compensation claims will provide enough financial relief to fully cover the costs of treatment, missed work, and other expenses resulting from their work-related ailment. You may also wonder if you can file personal injury lawsuits instead of or along with your workers’ compensation claim. If you are dealing with a work-related injury in the Vancouver-Portland area or southwest Oregon or Washington, call one of the experienced construction accident attorneys with Schauermann Thayer at (360) 695-4244 to discuss your legal options. Their knowledgeable construction accident lawyers have successfully represented many people in worksite injury claims, including a temporary agency employee who was injured when a large roll of material fell from a crane and caused extensive leg injuries, obtaining $1.6 million for the injured worker. Can I Have Both a Workers’ Compensation Claim and a Personal Injury Claim for the Same Injury? In Washington, injured workers cannot sue their own employer or a coworker for a job-related injury unless the injury was caused by gross negligence. Worksite personal injury lawsuits are most common for temporary employees and situations in which a worker is injured by a third party while working. When a Third Party Is At Fault If an employee is injured while on the job and the party responsible for their injury is neither their employer nor a coworker, the injured worker may be able to file a personal injury lawsuit. Personal injury lawsuits filed to hold outside parties to account are also known as third-party claims, and may sometimes be filed alongside any workers’ compensation claims. Examples of a third-party claim may include: ● Being injured in a vehicle accident ● Being injured by defective equipment or products ● An accident offsite of the employer’s usual place of business ● Unsafe worksites ● Being injured due to the negligence of the general contractor or another subcontractor How Workers’ Compensation and a Third-Party Claim Work Together If a third party is at fault for the work-related injury, workers’ compensation anticipates being reimbursed for medical treatments and other expenses by the settlement in that third-party claim if it is successful. Both states will send a “Notice of Election.” In Washington, this notice is sent by the Washington State Department of Labor & Industries. In Oregon, it will be sent by the Oregon Workers’ Compensation Division. This notice allows the injured worker to select their own lawyer to represent them in the third-party claim, or to let the workers’ compensation program provide a lawyer to represent them. A lawyer is not required, but injured workers should understand that if they opt to let the workers’ compensation program provide a lawyer, that lawyer will be representing workers’ compensation, not the worker. This means the claim may be settled for less than the worker is otherwise entitled to, as workers’ compensation only wants to be reimbursed. What Personal Injury Damages Are Awarded? In personal injury lawsuits, common damages include: ● Reimbursement for medical treatments ● Lost wages ● Reimbursement for damages to or loss of use of property due to the injury ● Money for loss of consortium ● Emotional distress ● Pain and suffering ● Disability Advances in medicine are leading to longer life expectancies for personal injury victims. Therefore, victims with long-lasting injuries requiring ongoing medical care and rehabilitation are entitled to more compensation and should consider this when they are attempting to price their demands for a settlement. Punitive damages, or money given to the plaintiff as a punishment to the defendant, is often something people want to include in personal injury lawsuits. Washington law does not allow punitive damages. Oregon does allow punitive damages, but the plaintiff must prove specific elements, and the Oregon Legislature requires that 70% of those punitive damages be paid to the state. Workers’ compensation claims do not allow for punitive damages. If you have other questions regarding personal injury damages, a construction accident attorney with Schauermann Thayer may be able to assist you. What Is the Difference Between Workers’ Compensation and OSHA? The Occupational Health and Safety Administration (OSHA) is a governmental agency overseeing worksite safety. OSHA regulations require employers to report recordable workplace injuries and illnesses. OSHA defines recordable injuries and illnesses as: ● Any injury that results in a loss of consciousness, days away from work, restricted work duties, or transfer to another job ● Any injury requiring treatment beyond first aid ● Any work-related diagnosed cancer, chronic irreversible diseases, punctured ear drums, and fractured or cracked bones or teeth ● Needlesticks and sharps injuries, medical removal, hearing loss, and tuberculosis (special reporting criteria apply to these) Reporting an injury to OSHA is different than reporting it to worker’s compensation. A report to OSHA will sometimes trigger an investigation into the cause of the injury, and it could result in civil penalties against the employer. Reporting an injury to a workers’ compensation entity will give the injured worker access to benefits, such as for medical treatment and lost wages. For example, if an employee gets a small cut that is treatable with some simple cleaning and a bandage, it would not be considered reportable by OSHA. However, the employee should still report it so that if the cut becomes infected and requires a doctor’s appointment and antibiotics, these would be paid for by workers’ compensation. Can You Get Pain and Suffering From Workers’ Compensation? Neither Oregon nor Washington allows pain and suffering as part of workers’ compensation lawsuits or claims. Workers’ compensation claims pay for objective expenses related to the work injury, such as lost wages and medical expenses, which can be easily quantified with documents such as pay stubs or doctor bills. In personal injury lawsuits, pain and suffering can be part of the claim. Do You Need Help From a Construction Accident Lawyer for you Personal Injury Claim? If you or a loved one have been injured at a work site, you may have questions about construction work site accidents. If a third party was at fault, you may also have questions about personal injury lawsuits. In either case, the knowledgeable construction accident lawyers with Schauermann Thayer may be able to help you understand your legal options. Call (360) 695-4244 today to schedule a free consultation.$

Injured Workers Workers’ Compensation Vs. Personal Injury Lawsuits

By Schauermann Thayer | Posted on October 18, 2023

While there are instances in which a personal injury lawsuit may be appropriate for a work-related injury, there are many things to understand before moving forward with such a claim. Many employers are required to carry a form of insurance to ensure that employees who are injured or become ill due to their jobs… Read More »

Trucking Accident Steering Wheel Injuries

By Schauermann Thayer | Posted on September 26, 2023

Have you been injured in a trucking accident? While a regular car accident can result in devastating and life-threatening injuries or even death, an accident involving a truck is often even more serious. Trucking accidents can cause serious damage and injury due to the size of commercial trucks. If you have been involved in a truck accident,… Read More »

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