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Personal Injury

How Personal Injury Settlements Work in Oregon

Personal injury settlements are designed to compensate victims who have suffered harm due to someone else’s negligence If you or a loved one has been hurt in an accident that was someone else’s fault, it’s important to understand how personal injury settlements work in Oregon. Here, our personal injury lawyers at Johnson and Taylor explain the process, how the law is applied, and factors that can impact your claim.

The Personal Injury Claims Process

Being injured due to no fault of your own can leave you overwhelmed and unsure of what to do next. Understanding how personal injury settlements work in Oregon and knowing the steps to take to protect your rights can give you peace of mind and help you get the ball rolling on your case.

After an accident or injury, gathering evidence to support your claim is vital. This evidence may include photographs or video of the scene and your injuries, police reports, witness statements, medical records, and other relevant documentation.

Although it’s possible to handle a claim on your own, hiring an experienced personal injury lawyer gives you the best chance at a winning outcome. Our personal injury attorneys handle all aspects of your case so you and your family can focus on your recovery.

Unfortunately, insurance companies are not on your side and often try to minimize payouts or deny claims. Our team gathers evidence and builds strong arguments to prove fault, handles all negotiations with insurers, and fights to help you recover the full and fair amount of compensation you may be entitled to receive. We also help you understand financial considerations such as how medical bills are paid and whether a lump sum or structured settlement would be most beneficial in your case.

Once a settlement agreement is reached, you must sign a release that bars you from pursuing further legal action. Typically, once all the details are ironed out, the insurance company issues payment to your personal injury attorney. They will deduct attorney’s fees and other legal costs, pay outstanding injury-related medical bills (and liens or claims against the settlement, if any), and provide the remaining settlement amount to you.

Personal Injury Law in Oregon

In Oregon, the statute of limitations for personal injury claims is usually two years from the date of the injury. This means that a lawsuit must be filed within this time frame, or you may lose the right to pursue compensation.

Under Oregon’s modified comparative negligence rule, an injured party can recover damages even if they are partially at fault for the accident, provided that their degree of fault is 50% or less. However, the claimant’s final settlement amount will be reduced by the percentage of fault attributed to them. For example, if an injured party is found to be 40% at fault and is awarded $100,000, they would receive $60,000.

If you’ve been hurt in a car accident, the at-fault party’s insurance company is responsible for paying damages. However, the Personal Injury Protection (PIP) included in your auto insurance policy should offer immediate coverage for medical expenses and lost wages, regardless of who was at fault. PIP coverage is required in Oregon for normal consumers, except for motorcyclists.

Navigating the complex legal system can be stressful, especially when dealing with the aftermath of an accident. Our personal injury attorneys help you understand the nuances of Oregon law and how it may apply to your case.

Factors that Can Influence Your Personal Injury Settlement Amount

It’s also important to keep in mind that different factors can affect the amount you receive for a personal injury settlement in Oregon. Insurance policy limits, the severity of your injuries, your degree of fault, and how the accident has impacted your quality of life all play a part in determining what your claim is worth. Our personal injury attorneys are well-versed in valuing claims and may be able to help you recover damages such as:

  • Past and future medical bills
  • Past and future wage loss
  • Pain and suffering
  • Loss of companionship and consortium
  • Property damage
  • Damages specific to your case

How Our Personal Injury Lawyers Can Help

Navigating the personal injury settlement process in Oregon can be challenging. Our attorneys help you understand your options and the realistic possibilities for a personal injury settlement. We fight for your rights and interests and keep you informed of what’s happening with your case every step of the way. Your initial consultation is free, and you won’t pay attorney fees unless we help get you compensation.

Our personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our team also litigates cases involving estate planning and probate and divorce and family law.

Contact Our Personal Injury Attorneys Salem, Oregon

At Johnson and Taylor, we’re dedicated to providing compassionate, tenacious legal representation you can trust. Contact us or call 503-990-6641 to schedule a consultation with a personal injury lawyer in Salem, OR. Our Spanish-speaking clients can count on members of our team to provide quality legal services.

Estate Planning & Probate

How to Avoid Probate in Oregon

Proper estate planning can help make things easier for your loved ones after you’re gone. One way to simplify the estate administration process is to take steps that allow your assets to avoid probate in Oregon. At Johnson and Taylor, our estate planning lawyers help you understand how probate works, the best approach to avoid it, and how the law may apply to your specific circumstances.

What is Probate?

Probate is a legal process in which a person’s assets are distributed after their death. It’s important to keep in mind that even if you have a last will and testament, it must be validated by the court and pass through probate, which can be a long and costly process. However, there are ways to avoid probate in Oregon and ensure your assets are distributed according to your wishes.

Whether you wish to open a probate to manage the assets of a deceased loved one, you’re the executor of an estate that must go through the probate process, or you want to create an estate plan that helps your loved ones avoid it, our probate lawyers in Salem can help you find solutions that meet your specific needs.

Why Avoid Probate?

There are multiple reasons why someone may want their estate to avoid probate in Oregon. Probate can take several months or even years to complete, which delays the distribution of assets to beneficiaries. Even if everything goes smoothly, the probate process can be complex and make things more challenging during an already difficult time.

Court fees, executor fees, bonding fees, and other costs can also make probate expensive. Depending on the circumstances, these costs may take up a significant chunk of the estate. In addition, probate is a public process. If you’re concerned about privacy, avoiding probate can keep the details of your estate private.

Do I Need a Trust to Avoid Probate?

Although there are several ways to help your assets bypass probate, creating a living trust is one of the most popular and effective. A living trust is a legal arrangement that enables you to put your assets into it for your benefit during your lifetime. After your death, the trust is then transferred to named beneficiaries. Typically, assets and property in certain types of trusts do not have to pass through probate.

With a living trust, you can serve as the trustee to retain control over your assets during your lifetime. Upon your death, a successor trustee manages and distributes the assets according to the terms of the trust. Seamless administration of a trust without court involvement ensures your beneficiaries receive their inheritance promptly.

Living trusts offer other benefits as well – if a trust is revocable, you can modify or dissolve it during your lifetime. Using a living trust instead of a will offers more privacy, and putting assets in a trust can help to ensure they are used responsibly by beneficiaries. Our estate planning lawyers in Salem can take a look at your situation and determine the most effective ways a trust may meet your specific needs and goals.

Joint Ownership with Right of Survivorship

Typically, when assets are jointly owned with the right of survivorship, they automatically pass to the surviving owner upon the co-owner’s death. Joint tenancy with the right of survivorship is a common method to avoid real estate from going through probate. When two or more people own property together, it is automatically passed to the surviving owner(s) upon the co-owner’s death. Tenancy by the entirety is a form of joint ownership available only to married couples. It provides the same right of survivorship and can offer protection from creditors.

Community property with the right of survivorship also applies in Oregon, as it is a community property state. This means that married couples can hold property with a right of survivorship, which ensures that the property passes directly to the living spouse without going through probate.

However, when the second joint owner or the surviving spouse passes away, without a trust, real property would need to pass through the probate process. Therefore, using joint ownership and right of survivorship are generally temporary fixes.

Beneficiary Designations

Many types of bank accounts, retirement accounts, securities, life insurance, and real estate can be designated Payable-on-Death (POD) or Transfer-on-Death (TOD). This means that you can name a beneficiary who automatically receives the asset after your passing. TOD and POD designations are a simple way to ensure these assets bypass probate.

Gifting Assets

Giving away property and assets while you’re still alive can reduce the size of your estate and help simplify the estate administration process. Gifting assets to intended beneficiaries before your death can also result in lower estate taxes, which benefits your loved ones as well. It’s a good idea to consult with your estate planning lawyer or probate attorney before you decide to gift major assets to determine whether it will help your beneficiaries avoid probate in Oregon.

Small Estate Affidavit in Oregon

The small estate process is a simplified alternative to the traditional probate process In Oregon. If your estate qualifies, your beneficiaries can use a small estate affidavit to claim assets without going through the full probate process. This method of settling an estate can help them save a significant amount of time and money, and allow them to receive their inheritance more quickly.

As of 2024, thresholds for small estates in Oregon are $275,000 for the estate’s total value, with no more than $200,000 in real property and $75,000 in personal property. Our probate attorneys are familiar with the small estate process and can determine whether it may be an option in your case.

How Our Estate Planning Attorneys Can Help You Avoid Probate in Oregon

Setting up your estate to avoid probate in Oregon requires strategic planning. Our estate planning lawyers in Salem can evaluate your finances and family circumstances and advise you on the best ways to transfer assets efficiently and privately.

We can help you create a personalized plan that best suits your family’s needs, protects your assets, and streamlines the estate administration process. Our estate planning lawyers serve clients in Marion, Polk, and Linn counties and surrounding communities. In addition to handling estate planning and probate in Oregon, our team litigates personal injury and divorce, and family matters. Members of our team offer quality legal services to our Spanish-speaking clients.

Contact Our Estate Planning Attorneys in Salem, OR

At Johnson and Taylor, we’re dedicated to helping you create an estate plan that safeguards your interests and ensures your wishes are carried out as intended. To learn more about how to avoid probate in Oregon, contact us or call 503-990-6641 to schedule a consultation with an estate planning lawyer in Salem today.

Personal Injury

Who Can Bring a Wrongful Death Claim in Oregon?

The loss of a loved one is life-altering and can leave families devastated and unsure of where to turn. If someone you love was killed due to another party’s negligence, you may be able to recover damages by filing a wrongful death claim against them. At Johnson and Taylor, our wrongful death lawyers help clients throughout Oregon find accountability and justice for their lost loved ones. Knowing who can bring a wrongful death claim in Oregon can help you understand how the process works and ensure that all rightful parties pursue the compensation they need and deserve.

Parties Who Can Bring a Wrongful Death Claim in Oregon

Like many other states, in Oregon, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. However, the initial investigation and insurance claim can usually be started even without an officially appointed personal representative. Eventually, a personal representative may have to be approved. This person is either named as the executor in a will or appointed by the probate court. They are responsible for managing the estate, which includes bringing legal claims on the beneficiaries’ behalf and distribution of assets.

Beneficiaries Who May Receive Compensation from a Wrongful Death Claim

Although the personal representative is the only person who can bring a wrongful death claim in Oregon, any compensation recovered is for the benefit of the deceased’s beneficiaries. Generally, the following parties may be entitled to proceeds from a wrongful death claim:

  • Spouse
  • Biological and adopted children
  • Parents of minor children

In some cases, parents of an adult child or other relatives, such as siblings, grandparents, or stepchildren may be considered beneficiaries of a wrongful death claim. Each case is unique, and whether someone is entitled to recover compensation depends on the specific circumstances and whether the parties were dependent on the deceased. If don’t know whether you have a valid wrongful death claim, our personal injury lawyers can assess your case and explain how Oregon law applies.

Types of Wrongful Death Damages

Damages in wrongful death claims are intended to compensate family members for the losses and suffering that resulted from their loved one’s death. Our wrongful death attorneys in Salem may be able to help you recover economic and noneconomic damages such as:

  • Medical expenses for treatment related to the injury that caused the death
  • Funeral and burial expenses
  • Lost wages and benefits the deceased would have earned if they had lived
  • Loss of services for the value of household services the deceased provided
  • Physical and emotional pain and suffering the deceased experienced before their death
  • Loss of companionship for the loss of love and guidance suffered by the survivors
  • Loss of consortium for the loss of spousal companionship and support
  • Emotional distress for the emotional impact of the loss on the surviving family members

In cases where a wrongdoer’s behavior was particularly egregious, punitive damages may be awarded. These damages are designed to punish the defendant and deter them and others from committing similar acts in the future.

The specific damages and amounts awarded vary depending on the circumstances of the case. Our wrongful death lawyers know how to collect relevant evidence and put it all together to demonstrate the far-reaching impact of your loved one’s passing.

Filing a Wrongful Death Claim in Oregon

If there is no personal representative for an estate, a petition must be filed with the probate court to appoint one. Potential beneficiaries and interested parties should also be notified of the deceased’s passing. Our team includes experienced probate lawyers who can assist you with this process.

The statute of limitations for wrongful death claims in Oregon is usually three years (however, some important exceptions may apply which could shorten the time significantly). It’s important to take prompt action or you could lose the right to bring a claim against any liable parties. Your wrongful death attorney will ensure all deadlines are met and paperwork is filed with insurers and/or the appropriate court.

Most wrongful death cases are settled out of court. Our accident lawyers are seasoned negotiators who fight to help you recover the compensation you deserve. Our collaborative negotiation style often helps clients save time, headaches, and money. However, if a reasonable settlement cannot be reached, our experienced litigators will take your case to trial.

The compensation recovered in a wrongful death claim is distributed among the beneficiaries according to Oregon law. It’s typically handled through the probate court, which ensures that the funds are allocated fairly based on the relationships and dependencies of beneficiaries.

Trust Our Wrongful Death Lawyers to Be Your Staunch Advocates

Navigating a wrongful death claim is complex, but our compassionate team can help make the process less stressful and give you the best chance of recovering the compensation you deserve. Our wrongful death lawyers offer candid advice and tell you what you need to hear, not just what you want to hear. Unlike larger personal injury law firms, we don’t provide empty promises and won’t waste your resources fighting for unreachable goals.

Our attorneys are well-respected by judges and others in the Oregon legal community. To find out if our team is right for you, check out our online reviews and give us a call. Our wrongful death lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our team also litigates cases involving estate planning, probate, divorce, and family law.

Contact Our Salem Wrongful Death Lawyers Today

At Johnson and Taylor, we’re dedicated to helping families put their lives back together after the wrongful death of a loved one. If you’re unsure about who can bring a wrongful death claim in Oregon, we can help. Contact us or call 503-990-6641 to schedule a consultation today. Our team includes legal professionals who provide quality legal services to our Spanish-speaking clients.

Personal Injury

What is the Wrongful Death Statute of Limitations in Oregon?

The loss of a loved one is a heartbreaking experience and can be even more difficult when a death occurs due to negligence. If you’ve lost someone you love and you’re considering bringing a wrongful death claim, against a negligent party, it’s vital to know how Oregon law may apply to your case. At Johnson and Taylor, our personal injury attorneys in Salem help clients understand the wrongful death statute of limitations in Oregon and explain other factors to consider when seeking legal recourse for your losses.

What is a Wrongful Death Claim?

A wrongful death claim enables the personal representative of a deceased person’s estate to bring legal action against the person or entity responsible for their death. Wrongful death claims are intended to hold liable parties accountable and provide compensation for the losses suffered by surviving family members or other beneficiaries of an estate. For example, if your loved one is killed in a fatal car accident caused by a drunk driver, you may be able to bring a claim for damages against them.

Statute of Limitations for Wrongful Death Claims in Oregon

Statutes of limitations help to ensure the timely resolution of disputes. The wrongful death statute of limitations in Oregon is generally three years from the date of the accident or injury that caused the death. This means that a wrongful death lawsuit must be filed within this three-year period, or the right to pursue the claim may be permanently lost.

Although there are certain exceptions to this rule, it’s best to act as soon as possible – valuable evidence can be lost and memories fade. If you believe your loved one died because of someone else’s negligence or malfeasance, our wrongful death lawyers in Salem can evaluate your claim and advise you on the most effective course of action for your case.

How Does Oregon’s Wrongful Death Statute of Limitations Work?

In most cases, the statute of limitations clock begins ticking on the date of the person’s death. However, there are situations in which the wrongful death statute of limitations may be shortened or extended.

In some cases, the deceased person’s loved ones may not be aware that the death was caused by negligence right away. In these situations, the “discovery rule” may apply to the wrongful death statute of limitations. If the wrongful act or its connection to the death isn’t immediately apparent, the statute of limitations may begin from the date the wrongful act was discovered or should have been discovered.

It’s also important to keep in mind that if you’re bringing a wrongful death action against a public entity or government agency, notice of claim periods may apply. These types of claims have very strict procedures and deadlines, so it’s vital to consult a wrongful death attorney who has experience handling these types of claims.

Why Taking Timely Action is So Important

Missing the filing deadline for a wrongful death lawsuit can result in your case being dismissed by the court, regardless of its merits. In most cases, this means that you lose the opportunity to seek compensation and hold responsible parties accountable.

Collecting and preserving evidence as soon as possible is also vital in wrongful death cases. This may include witness statements, photographs, medical records, accident reports, and other relevant documentation. Our wrongful death lawyers can get the ball rolling and ensure all legal requirements are met.

How Our Salem Wrongful Death Lawyers Can Help

Our wrongful death attorneys in Salem understand that it can be daunting to take legal action when you’re grieving the loss of a loved one. We give you a straightforward assessment of your case and provide compassionate legal guidance you can trust. Our team won’t waste your time with unrealistic promises of huge payouts. We help you understand the claims process and how the wrongful death statute of limitations in Oregon may affect your case.

While no amount of money can bring your loved one back, a successful wrongful death claim can help your family find a sense of justice and hold responsible parties accountable. We handle all aspects of your case while keeping you informed every step of the way. Our wrongful death lawyers and personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our team also litigates cases involving estate planning probate and divorce and family law.

Contact Our Wrongful Death Attorneys Salem, Oregon

The nuances of the wrongful death statute of limitations in Oregon can be confusing if you’re unfamiliar with the law. At Johnson and Taylor, our caring team helps make the process as easy as possible while helping you find justice for your loved one. Contact us or call 503-990-6641 to schedule a consultation with a wrongful death lawyer in Salem, OR. Our Spanish-speaking clients can rely on members of our team to provide quality legal services.

Family Law

Understanding Wills, Trusts, Living Wills, and Power of Attorney in Oregon

Understanding wills, trusts, and powers of attorney is vital for effective estate planning. These legal tools help manage and distribute your assets, protect your interests, and ensure your wishes are honored both before and after your passing. At Johnson and Taylor, our estate planning attorneys in Salem, OR can help you understand your options and create an estate plan that meets your family’s specific needs.

Vital Estate Planning Documents

From designating how your assets will be divided to protecting your privacy and making healthcare decisions, documents such as wills, trusts, and powers of attorney, each serve a unique purpose. Carefully planning and creating these documents can ensure your loved ones are provided for and avoid potential legal issues. Our Salem estate planning attorneys provide the guidance you need to create a solid plan tailored to your specific circumstances.

Wills

A last will and testament is a legal document that outlines how your assets will be distributed after your death. Creating a will in Oregon allows you to specify beneficiaries for your assets and property, appoint an executor to manage the distribution of your estate, name guardians for minor children, and address other matters such as funeral arrangements.

Types of wills In Oregon include:

  • A simple will names an executor and includes details about the distribution of assets and property and guardianship of children and pets.
  • A joint will is usually a single will created for two spouses.
  • A testamentary trust will includes one or more trusts to distribute assets to beneficiaries. It can include a portion or all of the estate, as well as life insurance proceeds.

Without a will, Oregon laws of intestate succession dictate asset distribution, which may not align with your wishes. Creating a valid, detailed will ensures your intentions are clear and legally sound. It also makes the probate process easier for your loved ones at an already difficult time.

It’s important to inventory all your assets, including personal items, choose beneficiaries, appoint an executor, and name guardians in your will, if applicable. Your estate planning lawyer can advise you on the specifics that should be included in your will. Our attorneys also ensure that all legal requirements are followed for the drafting, signing, and witnessing of your will.

Trusts

A trust is a legal arrangement in which the grantor names a trustee to manage assets in the trust for beneficiaries. Trusts are used for various purposes, including asset protection, tax reduction, and providing for loved ones with special needs.

Types of Trusts in Oregon

  • Living trust – A living trust is created during your lifetime and can be revocable or irrevocable.
  • Testamentary trust – As previously mentioned, a testamentary trust is created as part of a will and takes effect after death.
  • Revocable trust – This trust may be altered or revoked while the grantor is still alive.
  • Irrevocable trust – This type of trust cannot be changed once established.
  • Special needs trust (SNT) – A special needs trust allows you to provide for a disabled beneficiary without affecting their government benefits.
  • Charitable trust – This type of trust benefits a charity or the public.

Benefits of Trusts

One of the major benefits of a trust is that it enables the assets in it to bypass the probate process. It also provides privacy, as trusts are private documents, while wills are part of the public record. A trust can also be beneficial if you want to provide for someone who isn’t financially responsible. In some cases, a trust may offer tax benefits as well.

Our estate planning attorneys can help you determine your objectives for a trust and determine which type will best meet your needs. If you need help choosing a trustee, deciding which assets to include, and defining the terms and conditions of the trust, our estate planning and probate lawyers provide straightforward legal advice and always keep your best interests in mind.

Powers of Attorney

A power of attorney (POA) is a legal document that enables you to name an agent to make healthcare and financial decisions on your behalf when you’re unable to do so yourself. A general power of attorney gives an agent broad power to handle your affairs, while a limited POA outlines specific powers for particular tasks or periods of time. A power of attorney for healthcare is designed to enable your agent to make medical decisions should you become incapacitated. A financial power of attorney gives an agent the ability to handle your financial affairs, such as paying bills and managing assets.

It’s critical to have your estate planning attorney help you create a POA that holds up to the legal standards for financial and medical powers of attorney in Oregon. This ensures that trusted individuals can make important decisions on your behalf and avoid dealing with complex circumstances like seeking court-appointed guardianship. Our probate and estate planning lawyers can help you choose an agent for each POA and clearly outline their powers and limitations.

What is a Living Will?

Also known as an advance healthcare directive, a living will specifies your wishes for life-sustaining treatment and end-of-life care. Pain management, do not resuscitate (DNR) orders, organ donation, and other issues can be addressed in your living will.

A living will not only ensures your preferences are known and followed, but it saves family members from having to make difficult decisions as well. It can also help loved ones avoid potential conflict about your wishes for medical care.

Our estate planning attorneys are well-versed in the legal requirements for living wills in Oregon. These types of issues can be hard to talk about, and we’re happy to work with you and your family to ensure they understand your wishes and intentions.

In addition to handling matters such as probate, wills, trusts, and power of attorney in Oregon, our team litigates personal injury and divorce, and family matters. Our estate planning lawyers serve clients in Marion, Polk, and Linn counties and surrounding communities.

Contact Our Estate Planning Lawyers in Salem, Oregon

At Johnson and Taylor, we believe in empowering our clients with valuable information about estate planning, probate, and other legal matters. Contact us or call 503-990-6641 to schedule a consultation with an estate planning attorney in Salem, OR. Members of our team offer quality legal services to our Spanish-speaking clients.

Personal Injury

Do You Have to Pay Your Medical Bills from A Personal Injury Settlement in Oregon?

If you’re pursuing a personal injury settlement, it’s important to know how the payment of medical bills can impact your finances in the future. At Johnson and Taylor, our personal injury lawyers in Salem help clients throughout the state of Oregon understand how medical bills and other damages are paid after an accident and provide the compassionate legal support you need to get through challenging times.

Understanding Damages in a Personal Injury Settlement

A personal injury settlement compensates a party who has suffered harm or losses after an accident. Typically, damages in a personal injury settlement are paid by the negligent party’s insurance company. A personal injury settlement usually includes compensation for damages like medical expenses, lost wages, pain and suffering, and other damages specific to the circumstances. In some cases, future medical costs and wage loss may also be included.

Types of Medical Bills in Personal Injury Settlements

Medical expenses are often a significant component of personal injury settlements and include costs such as:

  • Emergency room visits
  • Ambulance and other transportation costs
  • Hospital stays
  • Surgeries
  • Medications
  • Diagnostic tests
  • Physical therapy
  • Doctor visits
  • Assistive devices
  • Any other injury-related medical treatments

Our personal injury lawyers in Oregon fight to ensure you recover enough compensation to cover all past, current, and future medical expenses related to your injury.

Are You Obligated to Pay Medical Bills from Your Personal Injury Settlement?

In most cases involving vehicles, the insurance company of the vehicle you were in pays medical bills through Personal Injury Protection (PIP). The amount PIP pays is determined by the insurance policy. Sometimes the medical bills will exceed the available PIP. Our attorneys will look at possible additional PIP policies and help to figure out whether your health insurance must pay some of the remaining bills.

In some cases, an injured party may have to pay any unpaid medical bills from a portion of their personal injury settlement, but each circumstance is unique. Healthcare providers may place a lien on your settlement to ensure they receive payment. If you used your health insurance to pay for any of your accident-related medical treatment, the insurance company may also place a lien on your settlement or bring a subrogation claim to collect medical expenses from the at-fault party’s insurer.

If Medicare or Medicaid covered your medical expenses, they also have a legal right to collect injury-related costs from your settlement. Failure to reimburse them can result in significant legal and financial consequences. Your personal injury attorney can explain how this process works, protect your rights, and negotiate with insurers and healthcare providers to reduce the amount you must pay for your medical bills.

Negotiating Payment for Medical Bills

Negotiating medical liens or subrogation claims can significantly maximize the net amount you receive from your settlement. Some medical providers may agree to a reduced amount if the payment is from a personal injury settlement, especially if you’re facing financial hardship or if you’ve been a longtime patient.

Negotiations with insurance companies can be complex and contentious, so it’s essential to have one of our personal injury lawyers represent your interests. Oregon law also offers certain protections for personal injury victims, and there may be programs or provisions that can help reduce repayments to Medicare or Medicaid.

It’s also important to note that Oregon law uses a modified comparative fault rule, which means your settlement amount can be reduced by your percentage of fault in the injury. It’s vital to have a personal injury attorney who knows how to gather effective evidence and put it all together to prove fault. Our Salem personal injury lawyers are well-versed in the state and federal laws and regulations that may apply to your case.

Other Considerations

Navigating the intricacies of a personal injury settlement in Oregon can be stressful, and calculating future medical expenses can be challenging if you’re unfamiliar with the process. Our accident attorneys know how to accurately value your claim. They may negotiate a higher settlement to maximize the final amount of compensation you receive. This ensures all your medical expenses are covered and you receive adequate compensation for other damages such as pain and suffering.

We help you understand the differences between lump sum and structured personal injury settlements, which can be helpful for injured victims who require long-term medical care. We use our experience and knowledge to protect you from potential pitfalls throughout the claims process.

Most personal injury claims are settled out of court. However, if a fair settlement agreement cannot be reached, our personal injury lawyers may take your case to trial.

Trust Our Personal Injury Lawyers to Offer Straightforward Legal Advice

Understanding the role of medical bills in your personal injury settlement is vital. Unlike many larger personal injury law firms, we don’t overpromise or guarantee results just to get clients. We explain the realistic possibilities for recovering compensation so you can make informed decisions. Our team helps you understand your options and handles all aspects of your case so you and your family can focus on healing. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. We also litigate cases involving divorce and family law and estate planning and probate.

Contact Our Personal Injury Lawyers in Salem, Oregon

If you’re wondering whether you have to pay your medical bills from a personal injury settlement, you don’t have to go it alone. Our team at Johnson and Taylor helps you understand your rights and maximize your settlement so you can protect your family’s financial stability. Contact us or call 503-990-6641 to schedule a consultation with a personal injury attorney in Salem today. Members of our team provide our Spanish-speaking with the quality legal representation they deserve.

Personal Injury

Financial Classification of Personal Injury Settlements in Oregon

If you or a loved one has been hurt in an accident, it’s important to understand the financial implications of any personal injury settlement or award you may receive. At Johnson and Taylor, our team helps personal injury clients throughout the state of Oregon recover the compensation they need and deserve. If you’re wondering whether a personal injury settlement is considered income and subject to taxation, we can help you understand how the law may apply to your case.

Is a Personal Injury Settlement Taxable in Oregon?

Monies received in a personal injury settlement are intended to make an injured party whole and compensate them for losses such as medical expenses, lost wages, and pain and suffering. Because the federal government considers these damages compensatory, a personal injury settlement is not typically considered income and is therefore not typically subject to federal income tax.

Similarly, the state of Oregon does not typically consider a personal injury settlement taxable and compensation doesn’t need to be reported as income on a state tax return. However, there are some exceptions, depending on the types of damages you receive. Certain exceptions apply in wrongful death cases as well.

When is a Personal Injury Settlement Taxable in Oregon?

Certain types of damages in a personal injury settlement may be considered income in Oregon, including:

Punitive Damages

Although most compensatory damages received in a personal injury settlement aren’t taxable, punitive damages may be subject to taxation. Unlike compensatory damages such as pain and suffering, punitive damages are intended to punish an at-fault party for particularly egregious conduct rather than compensate the injured party for their losses. Under federal tax law, punitive damages are considered income and must be reported on the recipient’s federal income tax return. Typically, Oregon also treats punitive damages as income that must be reported on a state tax return.

It’s also important to note that depending on the specific circumstances, non-economic damages such as emotional distress may be taxable if they are the only type of damages received in a personal injury settlement.

Payment for Previously Deducted Medical Expenses

If accident-related medical expenses are deducted on a tax return and later paid in a personal injury settlement, the amount deducted is considered taxable income. Generally, this applies on both the federal and state levels.

Interest Income

In some cases, interest on damages in a personal injury settlement is taxable at both the federal and state levels. This means that any interest earned on a personal injury settlement is considered income and must be reported on tax returns.

Figuring out what may be taxable in a personal injury settlement can be confusing. Each situation is unique, so it’s important to consult with your personal injury lawyer and a financial professional such as an accountant to clarify your tax liability.

Types of Personal Injury Settlements

Lump Sum Settlements

A lump sum settlement is a one-time payment that encompasses all damages in a personal injury claim. If punitive damages are part of your settlement, they must be reported to the Internal Revenue Service (IRS) and the Oregon Department of Revenue. Additionally, if you decide to invest settlement funds, any interest earned from the investment may be taxable.

Structured Settlements

In a structured settlement, payments are spread out over a predetermined period of time or in a series of scheduled payments. Structured settlements can be beneficial in cases involving long-term medical care and other ongoing expenses. Generally, both the principal and earned interest in a structured settlement annuity are tax-exempt. Again, these issues are complex, and it’s best to consult with a personal injury attorney and tax professional to maximize the proceeds you receive from a settlement and minimize tax liability.

Does a Personal Injury Settlement Affect Child Support Payments in Oregon?

If you’re up to date on child support payments, generally, receiving a settlement won’t automatically increase the amount of child support you owe. However, Oregon takes the financial support of children very seriously, so if you’re in arrears or have a child support lien against you, your settlement can be garnished for outstanding payments. It’s also important to keep in mind that punitive damages and interest from a settlement can be considered income, and may affect your child support payments.

If you’ve been injured and you’re unable to pay child support while your case is pending, make sure to consult a family law attorney who can help you file for a child support modification to avoid being held in contempt of court. Our divorce and family and estate planning and probate lawyers serve clients in Marion, Polk, and Linn County and other surrounding communities.

Contact a Personal Injury Lawyer in Salem, Oregon

At Johnson and Taylor, we understand that figuring out the financial implications of a personal injury settlement can be stressful. We’re here to help you through the process and offer straightforward legal advice you can trust. Contact us or call 503-990-6641 to schedule a consultation with a personal injury attorney in Salem today. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon.

Personal Injury

The Statute of Limitations on Personal Injury Claims in Oregon

Whether you’ve been hurt in a car crash or slip and fall accident, timeliness is vital if you’re considering filing a personal injury claim. In Oregon, the statute of limitations on personal injury claims can significantly impact your case, so it’s important to understand how the law works. At Johnson and Taylor, our personal injury attorneys in Salem, OR give straightforward legal advice you can trust. We explain how the personal injury statute of limitations applies in Oregon and the ways in which it may affect claims.

What is a Statute of Limitations?

A statute of limitations is a law that outlines the maximum amount of time in which legal proceedings can be initiated after an event such as an accident or injury. Statutes of limitations can be applied in both civil and criminal law.

When a statute of limitations expires, a plaintiff loses the right to pursue legal action. For example, if you’re injured in an auto accident and don’t file a personal injury lawsuit within the statute of limitations in the jurisdiction where it occurred, you would be barred from suing any potentially liable parties for your damages.

How Long Do I Have to File a Personal Injury Claim in Oregon?

Oregon’s statute of limitations for personal injury lawsuits is typically two years from the date of the injury or discovery of the injury. However, there are limited exceptions to Oregon’s two-year statute of limitations for personal injury claims. For instance, if the injured party is a minor, the statute of limitations may be tolled (paused) and could be longer than the standard two years in some cases. Our personal injury lawyers are familiar with the statute of limitations exceptions in Oregon and can clarify how they may affect your potential claim.

Statutes of Limitations for Other Civil Claims

Each case is unique, and there are different statutes of limitations for other types of legal claims, such as those arising from property damage or wrongful death. In Oregon, the statute of limitations for bringing a wrongful death lawsuit is three years.

It’s also important to note that if you’re bringing a claim against a government agency or your case involves a dram shop claim, you’re required to give a claim notice before filing a lawsuit. In these cases, you may only have months to give notice. That’s why It’s vital to take action and contact our personal injury lawyers in Oregon as soon as possible after an accident.

What’s the Purpose of a Statute of Limitations?

The purpose of a statute of limitations is to promote fairness and efficiency in the legal system by bringing claims in a timely manner. This helps to ensure that evidence is readily available and memories are fresh in witnesses’ minds. Statutes of limitations also prevent indefinite legal liability and provide defendants with a degree of protection against dated claims.

How a Personal Injury Lawyer in Oregon Can Help

Depending on the circumstances, determining a personal injury statute of limitations in Oregon can be complicated. Our personal injury attorneys can assess your case and advise you on whether you have a viable claim and help you pursue compensation for damages if you decide to move forward.

Even if you’re unsure about whether too much time has passed to file a personal injury lawsuit, it’s worth speaking to our attorneys about your case. Our personal injury lawyers offer free consultations and take cases on contingency, which means you won’t pay attorney fees unless they help get you compensation. Our experienced accident lawyers will investigate your case, gather evidence, and identify all liable parties. The tactics that insurance companies use to delay or deny claims sometimes involve statutes of limitations. We’re familiar with their strategies and know how to counter any assertions they may make to deny your claim or minimize your injuries.

Our Personal Injury Attorneys Put Our Experience and Knowledge to Work for You

Some people believe hiring a large injury law firm that promises huge settlements is the best way to pursue a claim. However, finding an attorney who’s realistic about the possibilities for recovering compensation can save you time and money and provide the personalized legal representation you deserve. When discussing potential settlement amounts, our team tells you what you need to hear, not just what you want to hear.

Our injury attorneys help you understand your options and keep you informed about your case every step of the way. We’re committed to fighting for your rights and helping you recover the maximum compensation you need to protect your health and financial security.

We serve personal injury clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. In addition to handling personal injury claims, our attorneys litigate cases involving divorce and family law and estate planning and probate.

Contact our Personal Injury Lawyers in Salem, Oregon

At Johnson and Taylor, our dedicated team understands the importance of litigating personal injury claims within the statute of limitations in Oregon. If you or a loved one has been hurt in an accident, we’re here for you. Our experienced team includes Spanish-speaking attorneys and staff. To schedule a free case evaluation with our personal injury attorneys in Salem, OR contact us or call 503-990-6641.

Personal Injury

How Future Medical Expenses are Handled in Personal Injury Claims in Oregon

Future medical expenses are often a critical component of personal injury claims, especially when a victim has suffered a catastrophic injury. At Johnson and Taylor, we help personal injury clients throughout Oregon pursue compensation that can safeguard their long-term health and financial security. Our personal injury attorneys help you understand the ins and outs of how to calculate future medical expenses and how they may impact a settlement or award.

Types of Future Medical Costs

Future medical expenses can include many different treatments, services, and items, including:

  • Diagnostic testing
  • Medication
  • Surgery
  • Hospitalization
  • Doctor’s appointments
  • Rehabilitation and therapy
  • Mental health treatment
  • Nursing home care
  • Medical Equipment
  • Prostheses
  • Assistive devices
  • Home modifications

Each person’s needs are different. For example, someone who loses a leg in a car accident will likely need a prosthesis and home modifications, while a victim who sustains a traumatic brain injury in a slip and fall incident may need ongoing treatment with a neuropsychologist. Our personal injury lawyers take all the specifics of your situation into account and ensure the cost of all necessary future medical treatment and services are included in the total settlement amount.

Assessing Future Medical Needs

To accurately calculate future healthcare costs, it’s vital to determine what an injured victim’s future medical needs will be. An injured party typically undergoes a thorough medical evaluation in which healthcare professionals determine the extent of the person’s injuries, their prognosis for recovery, and the anticipated medical treatments and interventions that may be needed in the future.

This evaluation may involve physical examinations, diagnostic tests, and consultations with medical specialists. Some common factors that are often considered by health care providers and medical experts are chronic pain, mobility limitations, the need for ongoing therapy, and the risk of future medical complications.

In addition, our personal injury lawyers may call on the expertise of a life care planner to help estimate future medical expenses. Life care planners specialize in assessing the future medical and non-medical needs of people with catastrophic injuries. They develop comprehensive plans outlining specific medical treatments, rehabilitation, medications, services, assistive devices, and accommodations required over the injured person’s lifetime.

Documentation of Past Medical Expenses

Treatment records and the costs of past medical expenses can also help our personal injury attorneys and experts accurately estimate future medical costs. This may include medical records, bills, invoices, receipts and statements from physicians, hospitals, therapists, and other healthcare providers.

What is Present Value Calculation?

Future medical expenses are often converted into present value to help assess future medical expenses in today’s dollars. An economist or another financial expert may be consulted to perform present value calculations and assess the financial impact of future medical costs. Present value calculation considers factors such as age, life expectancy, inflation, interest rates, and estimated annual costs of care.

Negotiating Future Medical Costs in a Personal Injury Settlement

Future medical expenses are often a significant element of the total amount of damages sought in a personal injury claim. Unfortunately, most insurers fight tooth and nail to avoid paying adequate settlement amounts, and may claim that your injury isn’t that severe or is due to a preexisting condition.

During settlement negotiations, your personal injury lawyer will provide evidence and documentation that supports the amount they are asking for future medical expenses. If your case goes to trial, this evidence will be vital to convincing a judge or jury whether to award the full amount of compensation you’re seeking for future medical expenses.

Future Medical Bills and Structured Settlements

 In cases involving significant future medical costs, an injured victim may opt to get paid via a structured settlement instead of a lump sum. With a structured settlement, you receive payments over time, which helps to ensure you have the funds for future medical costs and other needs.

Hire an Experienced Attorney to Determine Future Medical Expenses in Oregon

Determining future medical costs in personal injury claims requires careful consideration of many different factors. Our skilled personal injury attorneys can help you pursue compensation that will fully cover your ongoing medical care and protect your long-term well-being. With proper documentation of past treatment costs and the input of medical and financial experts, they can create compelling arguments for future medical expenses in Oregon.

Our attorneys often employ a collaborative negotiation style, which can help save a significant amount of time and headaches, court expenses, and attorney fees. However, if litigation is necessary, we’ll fight to get the results you need and deserve.

Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout Oregon. Our team litigates probate and estate planning and divorce and family law matters as well.

Contact Our Personal Injury Lawyers in Salem, Oregon

At Johnson and Taylor, we care about your long-term health and happiness, and won’t back down when it comes to advocating for your rights and interests. Our team is proud to offer quality legal representation to our Spanish-speaking clients. To schedule a free consultation with our personal injury attorneys in Salem, OR, contact us or call 503-990-6641.

Family Law

Benefits of Hiring an Estate Planning Attorney in Oregon

Proper estate planning protects your interests and can make a challenging time easier for your loved ones after your passing. Each situation is unique, and estate planning is not a one-size-fits-all venture. At Johnson and Taylor, our estate planning attorneys in Salem, OR offer quality legal services and advice you can trust. Whether you have a modest estate or significant assets, your estate planning lawyer can ensure that your wishes are carried out after you’re gone.

Why is Estate Planning Important?

When you die without a last will and testament or estate plan in place, your assets will be distributed according to Oregon laws of intestate succession. This means that the probate court decides how your estate will be distributed, and it may not match up with what you would have wanted. Failing to properly plan can also take an emotional and financial toll on your grieving loved ones. Probate can be a long, expensive process. An estate plan can help your family avoid unnecessary conflict and streamline the estate administration process.

In addition, estate planning documents such as powers of attorney and advance directives can ensure your rights and interests are protected if you become incapacitated. This not only safeguards your health and assets but makes a challenging time easier for those you love as well.

How an Estate Planning Attorney in Portland can Help

While it might be tempting to use an online template for a will and call it a day, even a seemingly inconsequential error can put your assets and interests at risk. Our estate planning and probate lawyers are well-versed in drafting wills, trusts, and powers of attorney, and can help you create a plan that meets your specific needs and circumstances.

Navigating Complexities

Estate planning is complex, and navigating ever-changing federal and state laws can be frustrating. Our estate planning attorneys have an in-depth knowledge of the law and keep up with the latest developments, which can ensure your plan is legally sound. A lawyer on our estate planning team can tailor your plan to your specific circumstances and goals. We help you consider factors such as family dynamics, financial assets, and charitable intentions. Developing an effective estate planning strategy can give you peace of mind, knowing that everything will be taken care of after you’re gone.

Asset Management and Tax Considerations

Complex assets such as business interests, multiple properties, and investments can make estate planning even more complicated and challenging. Our experienced estate planning attorneys can advise you on how to best manage and transfer these assets efficiently while minimizing tax implications and ensuring smooth estate administration.

Utilizing Trusts

Our estate planning lawyers may suggest certain types of trusts that help preserve wealth for your beneficiaries and avoid a lengthy, costly, probate process. Trusts allow you to provide for loved ones with special needs and those who may not be financially responsible. Trusts can also enable you to keep the details of your estate private.

Charitable Giving

If philanthropy is important to you, our estate planning lawyers can assist you with integrating charitable giving into your estate plan. Whether through direct bequests, establishing a charitable trust, or other strategies, your attorney can help you maximize the impact of your charitable contributions while also potentially providing tax benefits.

Guardianship of Minor Children

If you have minor children, it’s critical to name guardians for them in the event of your death. Your estate planning attorney can guide you through the process of selecting the right person or people to take care of your children and look out for their best interests. If you pass away without naming a legal guardian for your children, the decision will be left up to the court and may result in them being placed with someone you wouldn’t have chosen.

Planning for Incapacity

Estate planning isn’t just about what happens after you die. It also involves preparing for what will happen in the event of an illness or injury. Our estate planning lawyers can help you create a power of attorney for healthcare, power of attorney for finances, and advance medical directive that specifies your wishes for medical treatment and end-of-life care. They can also help you determine who would be best suited to make decisions for you should you become incapacitated and unable to handle your affairs.

Peace of Mind

If handled improperly, estate planning can sometimes lead to conflict in families. Your estate planning lawyer can facilitate discussions among family members, clarify intentions, and create a plan that minimizes the likelihood of disputes or challenges after your passing. This can help preserve relationships and give everyone involved peace of mind. By having a comprehensive estate plan in place, you can rest assured that your loved ones will be taken care of and your wishes will be carried out according to your desires.

In addition to handling wills, trusts, probate, and estate planning, our team litigates personal injury and divorce and family law matters. Our estate planning attorneys in Salem, OR serve clients in Marion, Polk, and Linn counties and surrounding communities.

Contact Our Estate Planning Lawyers in Salem, Oregon

At Johnson and Taylor, we’re dedicated to helping our clients create effective estate plans tailored to their specific circumstances. Call our office at 503-990-6641 or contact us to schedule a consultation with our estate planning attorneys in Oregon. Members of our team provide quality legal services to our Spanish-speaking clients.