Oregon Court Decision Helps Crime Victims Recover Losses

Many crime victims do not realize they have a right to recover restitution for their out of pocket losses.   Oregon Law allows crime victims to recover "economic damages" that were a result of the criminal's activity.  ORS 137.106(1).  This typically means that crime victims and survivors can recover out of pocket losses that were a result of the criminal's behavior.  Economic damages are typically hospital bills, surgery bills, mental health bills, property damage bills, and past lost wages.  Economic damages are not things like embarrassment,  pain, suffering, and humiliation.

There are different avenues for victims and survivors to recover damages for pain, suffering, humiliation, embarrassment, etc.  However these types of damages are not part of criminal restitution, and most victims and survivors will have to use the civil court to obtain full compensation for their harms and losses.  

However, the term "economic damages" is often disputed by defendants that do not want to pay victims for all of the harms and losses they cause.   Recently Oregon's Supreme Court clarified victim restitution issues with their ruling of State v. Ramos.  The Court noted that a defendant is responsible for all economic damages that are a result of the criminal activity.    The court addressed whether or not 1) that damages are limited to harms that result from reasonably foreseeable risks and 2) whether or not attorney fees and litigation costs are generally not recoverable as restitution unless authorized by statute or contract.  

The Ramos Court concluded,   "reasonable foreseeability is a limiting concept that applies to an award of economic damages under ORS 137.106."  What this means in layman's terms is that the economic damages must "result from" a defendant's criminal activity in the "but for" sense and must be a reasonably foreseeable result of the defendant's criminal activities.  The court also determined that in some cases that a victim or survivor's attorney fees and litigation costs may be recovered as part of criminal restitution.   This case is a good tool for prosecutors to assist victims and survivors obtaining restitution. 

If you or someone you know have are a crime victim and have medical bills, mental health bills, property bills, or have suffered harms, losses, embarrassment, humiliation, pain, or suffering as a result of another's conduct, please call Jeremiah Ross at 503.224.1658.  Please remember the law is constantly changing.  Call a lawyer or ROSS LAW instead of relying solely on this post or the law cited in this post.

Ross Law Has Been Busy Getting Results For Clients....

Over the past couple of weeks, we have been very busy.   Two weeks ago we were in a Jury Trial on a motor vehicle crash case.  My client suffered soft tissue injuries. The insurance company made a low offer.  The Jury sided with my client.  The Jury's verdict was more than the defendant's insurance company's best offer by roughly 1/3.  This was a very good result. 

Later that week we resolved a consumer case involving a newer luxury automobile.  My client had taken his vehicle to an authorized dealership for an inspection because it wasn't running right.  The dealer missed a diagnosis and did not notice the oil needed to be changed.  The engine oil sludged up and the engine seized a couple of days after the vehicle was released from the dealer.  We later learned the vehicle's motor had a design issue and the manufacturer had changed the type of oil to put in the vehicle.    We began the process of arbitration.  Then the major local car dealership and a luxury auto manufacturer asked us to engage in mediation.  The dealer agreed to pay to have our dispute mediated.   Prior to mediation the dealership and manufacturer refused to make any offer.  However, the case settled even though we were prepared to arbitrate the case.  My client received money for the engine replacement plus an amount for costs and attorney fees. 

Last week, I was preparing for a trial at the end of the month for an animal bite case.   This case involved a cat bite.  Yes, that is correct, a domestic cat bit my client's hand.  The bite became infected and my client was hospitalized.  Prior to filing the case and preparing for trial, the insurance company refused to make an offer despite tens of thousands of dollars of medical bills.  However, after I worked the case up we were able to settle the case for a substantial sum of money.   My client was thrilled with the result. 

If you or someone you know have any legal issues, call Ross Law LLC at 503.224.1658.  We are happy to discuss your personal injury case, consumer case, or crime victim case.  Please remember that results may vary. Also please note, this is attorney advertisement material.

Jeremiah Ross Featured in "Superlawyer" Publication

Jeremiah Ross has been featured in the Superlawyers publication as an Oregon Personal Injury Rising Star for 2017.  Superlawyers has a unique selection process in which peers submit candidates to be selected as Rising Stars.  Jeremiah Ross has been selected as a Personal Injury Rising Star for two years in a row. 

According to Superlawyers, "Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys."

If you would like to have a free personal injury case evaluation by Jeremiah Ross call Ross Law at 503.224.1658

June 2017 was a Deadly Month for Oregon Drivers. Please be Safe!

The traffic was light as I drove to work this morning, because most people are taking advantage of the 4th of July Holiday.   Thousands of Oregon families are going to return from their long weekend tomorrow or Wed.  Hopefully, these holiday drivers will remember to slow down, pay attention, and stay off of the cell phone.   June was a deadly month for Oregon's drivers, and we can only hope July is much safer.  Please drive safely.

“June 2017:

At least 27 people died on Oregon’s roads.
The ages of the deceased ranged from 9 months old to 92 years old.
The crashes occurred all the way from the Oregon Coast to Baker City, Oregon.
”

— Oregonlive

If you or someone you know, have been injured in a car crash, please contact Jeremiah Ross for your free case evaluation.  Portland Oregon Personal Injury law firm, Ross Law LLC can be reached at 503.224.1658.  This post is for informational purposes only and should not be used for any other purpose

Is Your Lemon Law Case Ripe for Litigation?

Each week I field calls from people that have purchased a defective vehicle.   The caller typically informs me they recently purchased a "lemon" and the vehicle suffers from various mechanical issues. At that point it is important to ask a few basic questions to determine if this is truly a lemon law case.  Oregon's Lemon Law has a very specific definition of vehicles that are protected by its "Lemon Law." 

It is important to note what Oregon's lemon law is. Oregon's Lemon law is comprised of a group of statutes starting at ORS 646A.400 and continuing through ORS 646A.418.   The law basically states that if a new motor vehicle does not conform to the manufacturer's express warranty, and the consumer alerts the manufacturer or the authorized dealer of the nonconformity then the consumer may be entitled to a replacement or a refund, and damages.  However, just like many things in the law it is not that simple.  The law has certain requirements that must be fulfilled before a lemon law case is ripe for litigation.

First, the motor vehicle must be no more than two years old or have less than 24,000 miles on it, which ever period ends first.  Most consumers cannot meet this first element, because the vast majority of the "material defect" used car cases involve vehicles over 2 years old.  True "lemon law" claims involve new vehicles, not ten year old jalopies.  The Lemon Law also does not apply to travel trailers, because they are not self propelled or a vehicle designed for self propulsion.   

The second big issue the consumer faces are, the consumer must report each "nonconformity" to the manufacturer, or the authorized dealer, for the purpose of repair or correction during the two year period following the date of delivery or before the vehicle's mileage reaches 24,000, whichever comes first. The law basically provides consumers presumptions that the motor vehicle is a lemon if their were a reasonable number of attempts under the vehicle's express warranties, and the manufacturer receives advance notice of the defects before attempting the repairs.  The law presumes a reasonable number of attempts have been made if the vehicle has either been in the shop for 3 or more times, and the defect continues, or the vehicle is out of service by repair for a total of 30 or more calendar days.  There is also another presumption the vehicle is a lemon if there is one attempted repair of a nonconformity likely to cause death or serious injury, but the defect continues. 

The manufacturer must also receive "direct written notification" from the consumer, and has had the opportunity to correct the alleged defect.   Notification, can be a request for an "informal dispute settlement procedure" under ORS 646.608.  This means that the consumer must put the manufacturer or the authorized dealer on notice the vehicle is defective and provide an opportunity to cure the alleged defect. It also means that if the manufacturer has established an informal dispute settlement procedure and notifies the consumer of the procedures then the consumer must  resort to the informal resolution procedure (arbitration)  prior to filing a lawsuit.  

If the consumer can satisfy the legal requirements then their case may be ripe and they may feast on the Lemon Law remedies.  The remedies may include, rescission, replacement of the vehicle, or triple damages (capped at $50,000.00 above the amount owed to the consumer). The court may also award discretionary attorney fees, and costs.  The Lemon law can be a powerful tool.  Unfortunately it can also be a sour pill to swallow if the consumer learns they failed to comply with the notice requirements or there vehicle is too old to qualify as a lemon.

If you or someone you know believe they were sold a lemon, please call Ross Law LLC at 503.224.1658.  Also, please remember this blog is a summary of the law.  Please refer to the actual law or a lawyer for an evaluation of your case.   Do not rely on this post for legal advice.  The law is constantly changing and this post may be outdated.  Please do not cite this post in any governmental proceeding, arbitration, hearing, or negotiations.   

How Do You Figure Out if Your Child's Day-Care or Pre-School is Safe?

Getting your kids in Daycare can be an overwhelming en-devour.  Site visits, phone calls, interviews, and the always popular, "wait lists" are all new experiences for almost every new parent.  During this process every parent is concerned with one thing, Safety.  However, it is not always easy to determine if a place is safe for your kids.  Daycare providers are like other businesses in that they put their best foot forward in an effort to get your child enrolled and the tuition money.   So how do you determine if your kid's daycare or preschool is safe? Here are some tips:

• Is the Daycare or Preschool Licensed by the State?  You should determine if the provider is licensed by the State of Oregon.   If not, that is a big red flag, and the provider maybe breaking the law by operating a unlicensed daycare.  Calling Office of Child Care - Central Office
  503-947-1400, 1-800-556-6616 may help you determine if the daycare or childcare provider is licensed.  In the alternative, you can simply ask the provider to see the license. 
• Does the Daycare or Preschool have prior complaints?    The State of Oregon has an office that is dedicated to licensing and overseeing daycare facilities.  This office keeps a data-base that allows the public to search for violations committed by Oregon preschools, daycare, and licensed child care providers.   The data base is not too user friendly, and doesn't provide details regarding the complaints but it provides the rules or laws that were violated and the date of the violations.   Click here to learn if the State of Oregon has a public record of a complaint against a childcare provider, daycare, or preschool.  Another place to look for prior complaints is the Better Business Bureau.  Click here for a link to the Better Business Bureau. 
• What should you Look For When Visiting a Prospective DayCare or Preschool?  If you are a new parent it is overwhelming trying to figure out all of the potential dangerous surrounding your child.   However, the National Association for the Education of Young Children (NAEYC) has authored checklists to assist parents in determining if their child's daycare is safe..  
  • If you are looking to determine if your INFANT's childcare provider is safe Click Here.
  • If you are looking to determine if your TODDLER's childcare provider is safe Click Here.
  • If you are looking to determine if your PRESCHOOLER's childcare provider is safe Click Here.

If your child, or someone you know, has been injured at a daycare or by a childcare provider call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658. Call Ross Law for your free case evaluation.  Ross Law takes most personal injury cases on a contingent fee basis.  LEGAL STUFF,  PLEASE READ:  Please note the tips above are not an exhaustive list and you must do your own due intelligence in trying to determine if a daycare provider is a good fit for your child. Also, Ross Law does not have a relationship or affiliation with the agencies or entities noted in this article.  Please contact them directly if you have any questions or concerns about their web-site(s) or, policies, or procedures. 

Using Your Cell Phone While Driving Is Dangerous, But It May Also Cost You A Lot of Money

It has been a few years since Oregon lawmakers have outlawed using a cellular phone device while driving.   However, people continue to use their phones while driving.  Deaths and injuries that are caused by texting and driving are on the rise.  In fact, every three hours a crash in Oregon is caused by distracted driving.  It appears the existing small fines that may be imposed are not have the desired effect, and some lawmakers are attempting to crack down on distracted driving.

There is currently a bill in Salem that would allow a judge to impose up to a $2,000.00 fine on a person caught holding their mobile electronic device while on the roads.  The current law has minimal fines and is difficult to enforce due to its poorly drafted language.   The new bill just passed the Oregon House.  Hopefully the law will pass and deter others from using their mobile devices while driving.  However, if it doesn't there will always be personal injury attorneys like myself who are willing to hold a distracted driver that injures another accountable in Court. 

If you or someone you know was injured by a distracted driver or a person using their cell phone, call Ross Law LLC at 503.224.1658.  Jeremiah Ross is happy to provide a free personal injury case evaluation.  Please note this article is meant for information purposes only and could be considered ATTORNEY ADVERTISING.  Please consult with a lawyer if you have questions about your personal injury case or any other legal question