Filing and winning a personal injury case is challenging for individuals because of the disparity in experience and knowledge between the insurance adjusters and claimants. When it comes to personal injury or property damage claims, in most cases you cannot recover the attorney fees even if you win the lawsuit.
Fortunately, in small claims, there is a law in Oregon that gives the claimant an upper hand in these smaller cases – ORS 20.080 allows for attorney fees if all steps are met as outlined in the statute. The statute is intended to incentivize insurance companies to settle smaller claims rather than force them into expensive lawsuits.
You can recover the attorney fees on lawsuit claims valued at or less than $10,000 under ORS 20.080. However, detailed steps must be followed, which is why it is essential to consult an experienced attorney who handles these claims.
Attorney Linda Weimar has been highly successful in either settling these smaller claims or winning said claims in court which included recovery of attorney fees for her clients.
Understanding ORS 20.080
Attorney Linda Weimar has over 20 years experience in handling these ORS 20.080 small claims
Under the revised 20.080 statute in Oregon, individuals injured due to the negligence of others can demand damages up to $10,000 from the person at fault party and their insurance company. It also allows the plaintiffs to recover attorney fees if a fair offer has not been made by the insurance company and a lawsuit becomes necessary.
Once a written demand for settlement is made, the other party gets thirty (30) days to respond with an offer of settlement. What goes into that demand for settlement can get complicated based on subrogation insurance issues, unpaid medical bills and wage loss for example. Thus, it is important to hire an experienced attorney regarding these claims.
If the insurance company or other party either refuses to settle or offers a sum that is not fair, the claimant can file a lawsuit. It is essential to note that claimants can recover attorney fees only if an arbitrator or trial verdict is higher than the offer of settlement made by the insurance company or party before the lawsuit was filed. That is why it is important that an experienced attorney assist in valuing your claim accurately.
Experience Matters
Beaverton Personal Injury Attorney Linda Weimar has over 20 years experience in handling these ORS 20.080 small claims. Get a free consultation about your case with an experienced accident lawyer by reaching us online or calling at (503) 640-5000. Let our team work on your case and help you get the best offer.