Injured In An Auto Accident?

Nearly forty fatal auto accidents took place in the Portland area in 2017. Reasons are various, from reckless driving, negligent driving, driving under the influence, and other causes. We never know when we could be the victim of an auto accident. Fortunately, most are not fatal. Still, there are costs: physical, financial, and emotional. Knowing that there are experienced, skilled, and compassionate personal injury attorneys in the Portland area is at least one less thing to worry about. Kroll and Johnson are the personal injury attorneys you need.

You want to know that the fees are reasonable. You want to know that the people you hire can do the job. There could be no end of questions. No one knows what’s around the next corner, but we make the best choices we can with what’s in front of us. Choosing the right personal injury attorney is one of those choices we can make to take control again. No one likes to feel that life is simply happening to them. Ed Kroll and Justin Johnson know that feeling. They know what their clients want and need. They’re ready to be your partner in getting back to making life happen, instead of life happening to you.

Kroll & Johnson have 2 offices to serve you. Call today for a free consultation.

The Duty of Care, Modified Comparative Fault, and Auto Accidents

“Duty of care” refers to the responsibility of the parties in an auto accident have to observe all applicable laws. Drivers must obey the speed limit, road signs and signals, and stop at all crosswalks, for example. Pedestrians must use crosswalks, obey walk/don’t walk signals, and take care not to dash recklessly into traffic. In a personal injury case, the jury will assess how well each party observed the duty of care, and assign fault in accord with the laws in this state.

In a modified comparative fault state like Oregon, the jury assigns fault to all relevant parties as a percentage. You can recover damages as a claimant as long as your fault does not exceed 51 percent. In other states, these types of cases may be decided in a more all-or-nothing way. Seek out an experienced Oregon personal injury attorney, one who understands the system, and how to help people like you. Your health and peace of mind are too important to go it alone.

It is important to hire a personal injury attorney if you have been injured in an auto accident as a driver, or as a pedestrian. The statute of limitations in the state of Oregon for personal injury is two years. The longer you wait, the more challenging it will be to be made whole. There are many personal injury lawyers out there, but not all of them have your best interests in mind. You want to hire someone who will give you an honest assessment of your case, and let you know if you can recover financially something of what the accident has taken away. At Kroll & Johnson, we’ve been handling these types of cases for a long time. We would be happy to give you a free consultation if you have been injured in an accident. Call today for an appointment.

Medical Malpractice definitions Expanded by the Oregon Supreme Court

Medical Malpractice definitions Expanded by the Oregon Supreme Court

In May of 2017, the Oregon Supreme Court ruled in the case of, Joseph Smith v Providence Health and Services, that plaintiffs can sue not only for malpractice but have a right to seek damages for negligence that prevented to patient from treatment that allowed for a better medical outcome.  In this case, the Supreme Court found that the plaintiff was harmed due to negligence of the doctor, which did not allow the patient to seek a more appropriate and potentially successful medical treatment.  This means, in this example, the doctors did not diagnose the patient’s stroke due to multiple incomplete examinations and did not recommend or preform the necessary treatment, which did not allow the patient to seek treatment without permanent damage.

This is a small but significant change to the protections for Oregon residents who are facing potential lifelong consequences to a doctor failing to perform their due diligence.  While this ruling will most likely only affect a small percentage of malpractice cases, the potential impact can be enormous if doctors take the ruling to heart and conduct thorough and complete evaluations for medical consumers.  There is a tremendous amount of trust between doctors and patients.  The release of new drugs, experimental treatment, medical trials, and a confusing and complicated insurance system makes navigating the health care system in America difficult at best.  Thus, as the court ruled, the patient has a right to seek damages not only on negligence in direct medical treatment but also the failure of the physician recognize a medical condition that results in lasting damage.

Doctors are recognized as experts in their field and we trust them with the health and well-being of ourselves and families.  However, if you or a loved one are victims of medical malpractice you deserve a chance for compensation and justice.   If you feel that you have been hurt by the negligence of a medical professional or facility call the offices of Kroll & Johnson today and find out how we can fight on your behalf.

I’ve Been Injured, Now What?

I’ve Been Injured, Now What?

No one wants to envision a scenario where you have been injured due to the actions of another person, but knowing the steps to a personal injury case and being prepared for the process can give you peace of mind if the unimaginable would to happen.  If you have been injured by the negligence of someone else’s actions, the first thing you need to do is to obtain medical treatment.  Ensure you keep meticulous records and follow your doctor’s recommendations to the best of your ability.  The next step will be to contact an experienced personal injury attorney to review your case.

Meeting with Your Attorney

Be honest and present your case.  The more information and details your attorney has, the better they can assess the viability of your case.  Personal injury proceeding rarely find a quick resolution.  Make sure you feel comfortable with your attorney and they explains the process and answers your questions to your satisfaction.

The Beginning of the Legal Process

While it may seem drawn out and can be frustrating our courts move at their own pace.  You may not fully understand all of the pretrial hearings and legal back and forth, but be patient.  Rely on your attorney to answer your questions and address your concerns honestly and plainly.  Without the proper legal training, you can easily get lost in the motions, hearings, and discovery but it’s all part of the process.

Settle or Trial?

Most personal injury cares reach settlements before they see the inside of a court room, but again rely of your attorney to give solid and honest legal advice as how to proceed with your case.  This is why being comfortable and trusting your attorney is so important to your case.

Collecting Your Judgement or Consider an Appeal

Just because there is a ruling in your case doesn’t mean the work is over.  Win or lose you may have more work to do.  Some cases take years to come to a final binding judgement and there is potential the liable part will refuse or will be unable to pay the judgement against them.  You have to make a personal decision with your attorney to see if continuing to pursue the case win or lose is worth the extra time and money.

At the root of this process is the quality of attorney you secure to represent you.  Your personal relationship with them can mean the difference between a smooth conclusion to your case or a prolonged nightmare that cost money and time.  Here at Kroll & Johnson we pride ourselves on building a personal relationship with our clients and making the legal process as stress free as possible. It is imperative to speak with an Oregon injury attorney if you or your loved one has been injury by negligence as soon as possible. We can help you fight to recover compensation you deserve.

Your New Car May Be Your Biggest Distraction on the Road

Your New Car May Be Your Biggest Distraction on the Road

From navigation, to entertainment, streaming audio and video, social media, and our general necessity to be interconnected at all time, car manufactures are adding more tech bells and whistles to each new model.  Gone are the days of upgrading to an FM radio or tape deck.  Today’s cars provide a multimedia experience that are a potential danger to drivers, passengers, and pedestrians.  The access to information and entertainment at our finger tips integrated into our automobiles can lead to serious and deadly accidents at a rate that is quickly becoming one of the most dangerous scenarios on American roads and highways.

Technology has absolutely changed our lives in positive ways and many people we know would be lost navigating our modern world without it but we all have to stop and think about the consequences of using this technology irresponsibly or dangerously.  In a study publish by the AAA Foundation for Traffic Safety, found that new interactive technology in new model cars can distract drivers for nearly 40 seconds at a time. The study also found that navigation systems drew driver attention away from the road for the longest intervals.  Not only is the correct function of these devices and systems distracting to drivers, but frustration from user error or poor functioning technology gave a significant increase to the driver’s cognitive ability to operate their vehicle safely.

According to AAA President and CEO, Marshall Doney:

“Some of the latest systems on the market now include functions unrelated to the core task of driving, like sending text messages, checking social media or surfing the web — tasks we have no business doing behind the wheel. Automakers should aim to reduce distractions by designing systems that are no more visually or mentally demanding than listening to the radio or an audiobook.”

Source: Is New Car Tech Driving You to Distraction? by Austin O’Connor, AARP, October 10, 2017


If this trend in auto manufacturing continues, anyone has a potential risk for injury from a distracted driver.  If you find yourself injured by a distracted driver, ensure you consult a qualified experienced attorney.  Don’t let another driver’s negligence cause you or your family undue harm and prolonged suffering.  Call the offices of Kroll & Johnson today and find out how we can fight on your behalf.

Most Common Injuries From Car Accidents

serious injuries can be the result of auto accidentsAlthough many serious injuries can stem from car accidents, certain ones are seen most often. Those injuries fall into two categories: impact injuries and penetrating injuries and can cause varying degrees of problems and long-term issues.

One of the most type of injury is damage to the body’s connective tissues, which includes the muscles, ligaments and tendons. Many people know the injuries commonly referred to as whiplash, which is injury to the neck and upper back, but these issues can occur in other parts of the body as well like in the back.

Another common injury is scrapes and cuts. If anything inside the vehicle becomes airborne in a crash, they can easily cause scrapes and cuts. Think of your coffee cup, cell phone, purse, laptop and bag and anything else that is not secured in your vehicle being jolted in ­an accident. These injuries may require no medical attention, but can require stitches or may result in loss of blood or worse. This can cause cuts and bruises on any part of the body, but especially the arms and legs.

Serious injuries to the head may be in the form of muscle strains in the neck and back, like whiplash, or may be in the form of a concussion. If the occupant’s head makes contact with a window or steering wheel, there may be more severe head caused to the head. Anything from scrapes and cuts to closed-head injuries can more seriously affect the brain in the long run.

Another commonly injured area is the chest. Especially in drivers involved in the crash, chest injuries can be the result of slamming up against the steering wheel or serious bruising where a seat belt holds the person in place during a crash.

If you or your loved one has suffered serious injuries in a car accident, call today to request your free initial consultation.


Understanding Oregon’s New Distracted Driving Law

distracted drivingLegislation passed in May takes effect this month, imposing stiff fines for anyone caught even holding their cell phones or other electronic devices while operating a motor vehicle. The new distracted driving laws were modified to close some loopholes from earlier legislation.

House Bill 2597 makes it so Oregon drivers may face fines of up to $2000 for using any “mobile electronic device” while on the road.

A first offense could trigger fines of $1000, but may be erased if the driver agrees to take a state-approved distracted driving avoidance class at their own expense.

Legislators have worked to close a gap in Oregon’s 2009 hands-free law that although it requires drivers to use a hands-free device to make phone calls and banned texting while driving, didn’t explicitly block users from playing games or program a navigation device when driving.

The revised law prohibits any drivers from holding or touching a phone or electronic device at all while operating a vehicle.

While a vehicle doesn’t need to be turned off to use a handheld device, it must be parked safely like on the side of the road or in a parking lot, not stopped at a traffic light. Additionally, a driver is not banned from using navigation, but can only use what’s referred to as a “one touch” action, so a driver may access a preprogrammed route or end navigation after he or she has found the way as long as they can do it with one touch.

There are few exceptions, like if there is an emergency, a drive may use their device to call 911, but only if there is no one else in the vehicle able to do so.

The penalties have drastically increased with an escalation for multiple offenses or seriousness of incidents. For examples if the driver is involved in a crash or has had a previous offense, he or she will be facing a higher fine and possible jail time due to the circumstances.

If you have been injured in a distracted driving crash, it is important to speak with an experienced Portland personal injury attorney. Call today for your free, initial consultation.

Slip & Fall Injuries – Portland Personal Injury Lawyer

If you have suffered any type of injury on another person’s property, you may have suffered an injury that falls under premises liability. Understanding what type of injuries fall under premises liability is imperative. An experienced Portland personal injury lawyer may be your best resource.

Although these injuries, casually are known as a slip and fall injury, these injuries can be any type of injury that occurs on another’s property. Injuries including, but not limited to, slipping or tripping on another’s property, exposure to toxic chemicals, failure to warn people of any hazardous conditions, improperly maintaining equipment as well as any type of safety or security issues are included. Additionally, these types of injuries include injuries such as dog bite injuries.

Slippery or wet floors, broken or cracked sidewalks or driveways, unprovoked dog attacks or other unsafe conditions may all be the root cause of a slip and fall injury.

While most property owners carry premises liability insurance, the coverage can oftentimes be insufficient to cover damage and compensation in the case of an accident. When that is the case, it is left to the owner to pay the costs insurance doesn’t cover, however it may be difficult to recover that money.

Even where there is good coverage, insurance companies work to minimize their costs.

It is important in any situation where you have suffered a serious injury due to an accident on another person’s property to consult with a Portland personal injury lawyer. Call today and receive a free, initial consultation.

Dog Bites And Animal Attacks

Most people love their pets and can’t imagine their beloved animals causing injury. They treat them as part of the family, but according to the Centers for Disease Control, more than 4.5 million people suffer dog bites yearly.  Some of those may be neighbors and friends visiting where an animal lives. Sadly, if a dog or other animal attacks, the victim may have lifelong injuries. In that case, it is imperative to speak with an Oregon injury attorney to discuss your situation.

According to the CDC, approximately one in every five of those bites become infected. Those bites can cause pain, injury, nerve damage and may place the victim at a risk for illness or in some cases, death.

Young children are often the victims and in the worst cases, they are seriously injured or killed.  The emotional toll such an attack can have on a victim can be astronomical not to mention the monetary costs associated with such attacks.

In Oregon, the “one bite” rule applies when it comes to legal liability for dog bites. Under this rule, the owner or responsible person for the dog is only liable if they were aware the dog was potentially dangerous. If a dog has bitten a person before, they will be held liable.

Potentially dangerous dogs may bark or bother a person not on its property, physically injure a person or kill or harm a domestic animal not on its own property.

If an owner has previous knowledge their dog was dangerous, had harassed or previously bitten someone, etc., the owner may face negligence charges.

If you have been injured by a dog or another pet, you must bring a lawsuit within two years from the injury or it likely will be dismissed.

It is imperative to speak with an Oregon injury attorney if a dog or another type of pet has attacked you or your loved one as soon as possible. We can help you fight to recover compensation you deserve.

Understanding Personal Injury

Unfortunately, when an injury occurs you may not realize the long-term complications you may face for months or even years to come. It is important to understand what a personal injury due to another person’s negligence or wrongful conduct can mean to your life. If you have suffered such an injury, it is vital to consult with a Portland personal injury attorney to at least review your options.

Personal injuries can occur due to the carelessness or negligence of another person or due to the intentional act of another. They are injuries suffered in a car accident, in a work-related accident, due to medical malpractice as well as many other factors. You may have a personal injury from getting injured in another person’s home or on their property. Sometimes they are due to someone’s direct actions and other times due to their inactions.

If you have suffered any type of personal injury, you may be scared or confused and unsure what steps you need to take. It is vital to seek the proper medical care, even if you feel physically ok. Many times there may be unseen injuries that will continue to affect you as time passes. Injuries are important to document for future reference, if necessary.

If someone else was responsible for your injury, they may also be responsible for your pain, suffering, injury, loss of property, loss of wages as well as medical bills. Holding them responsible helps alleviate the burden for you and your family and helps make sure another family doesn’t have to suffer at the hands of the responsible part again.

You may suffer injuries, even in low-speed car accidents where you don’t think you would have. Although you can represent yourself in a personal injury case, it may be difficult to get a fair settlement. Therefore, it is crucial to speak with an experienced Portland personal injury attorney who can argue your case for you. Call today for a free, initial consultation.