Every year, missed
deadlines are a major cause of malpractice.
An analysis of 2022 PLF claims data revealed
that 28% percent of malpractice claims last
year were related to missed deadlines. Of those
errors, nearly one in four was attributable
to a statute of limitation.
July 1, 2018, and October 1,
2019, the PLF paid almost $3.5 million to plaintiffs
who had a malpractice claim caused by a missed
deadline. That represents 34% of PLF money paid
If your Oregon personal injury attorney messed up your case by missing a Statute of Limitations deadline, I may be able to help.
In Oregon, lawyers carry $300,000 minimum in manditory Professional Liability Insurance. That is the minimum and some law firms and attorneys carry more liability insurance.
If your Oregon personal injury lawyer messed up a time deadline for your case, you may have a legal malpractice claim against that lawyer in which you can recover some of your losses.
Oregon legal malpractice type of cases are complicated and are described as a case within a case; that is, you have the one legal malpractice claim and you still have your original case to substantiate and prove that you had a good case that would have led to a monetary recovery but for the mistake made of missing a critical deadline. The insurance with the money to potentially help make you whole in this type of case is now the legal malpractice attorney's professional liability insurance, and just like auto insurers, they don't give money away, we will have to prove your case.
Even for a legal malpractice claim, there are important time deadlines.
Contact an Oregon personal injury attorney as soon as you are able, the details and the specific facts of your case are needed to identify these critical time deadlines.
If you have been seriously injured, and then endure a second injury due to legal malpractice negligence, contact me for a free consultation so that we can discuss your specific case and whether you may have a case for legal malpractice and potential to recover money via that attorney's liability insurance.
Recently I had Mike Colbach represent my wife in an auto accident [...]
Because of the accident my wife was in the ICU at OHSU and wasn't able to talk so I worked with him.
Right away Mike took control and told me to concentrate on taking care of my wife and he would handle all the insurance issues, court filings, hospital bills etc.Also,
Mike was not one bit intimidated by one of the largest auto insurance companies in the country and in fact looked forward to the challenge of meeting them in court.......I guess they didn't like the odds and settled out of court for the full amount he demanded. -->More
Oregon Statute of Limitations for Personal Injury, Wrongful Death, Claims against the State of Oregon (Tort), Dram Shop Claims, Statute of Repose, and Legal Malpractice
Even for lawyers this is a technical area of the law and critical to protecting your rights.
In Oregon personal injury Civil Law there are important time limits to identify, these are generally called Statute of Limitations, or in some instances Statute of Repose.
For Oregon Tort Claims there exists another important deadline when you must send a precise tort claim notice usually within six months of the date of the accident (180 days) except for wrongful death which is one year. Oregon Revised Statute 30.275 further defines rules and deadlines when the tort claim notice involves a minor. Bottomline the Oregon Revised Statute 30.275 states, "No action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) shall be maintained unless notice of claim is given as required by this section."
For most Oregon auto accident personal injury claims, you have 2 years from the date of the accident. If it is just property damages you have 6 years under Oregon Revised Statutes section 12.080 where the clock starts tolling when the person becomes aware or should have been aware.
The Oregon laws regarding wrongful death allows survivors three years to pursue a claim from the date the injury that caused the wrongful death is discovered.
Or, if the auto accident involved a drunk driver, there may be a dram shop claim to be made against the bar that overserved this driver leaving only 180 days to send a dram shop notice to that bar. But for a Dram Shop Notice of a wrongful
death claim, notice must be given within one year after death, or within
one year after discovery of the claim by the person asserting the claim,
whichever is later.
Further, if you are injured on a rental property, you have much less time to bring a claim under the Oregon landlord tenant laws. When it is a product liability claim, it is a Statue of Repose which is essentially when you should have known about the defective product.
These are just some examples of the types of time limit deadlines which have to be identified in legal matters as soon as possible. The deadlines for your case are critical and the specifics of your case have to be identified as early as possible in order to protect your rights.
Time is of the essence.
It's always critical to contact a personal injury attorney as soon as you are able. If you have suffered a personal injury, you need to know right away what insurance coverage is in place to cover your medical expenses and lost wages.
I suggest that you do not give the other person's insurance company a statement until you have consulted with a lawyer.
Once I take your case, I handle all the communications for you and you can focus on your recovery.
Importantly, in a serious motor vehicle accident, the accident scene itself has evidence that can be critical to proving your case with the help of an accident reconstruction expert, but that evidence won't be there indefinitely. In some cases we might need to identify or attempt to find witnesses to your accident.