Personal Injury / Wrongful Death Claims

Personal Service

We protect and assert your rights while you heal from your injuries. Our lawyers and attorneys deal with the other party’s insurance company and your own insurance company to obtain payment for medical bills, lost wages, auto repair and rental car. We work with your health care professionals to develop a proper record to support your claim. We work with you by explaining your rights and guiding you through each step of the personal injury claim recovery process.

• We are very successful in resolving claims to our clients' satisfaction. Most personal injury claims are resolved through negotiation.
• We understand the problems and feelings and frustration you and your family are experiencing due to your injuries and the claim process.
• We know how to address your problems and concerns.
• Same day, evening, weekend, home and hospital appointments
• No recovery - no fee
• Free consultation
• Former client references are available upon request

Investigation

First, we begin BUILDING your case right away. We use aggressive investigation to gather and preserve evidence proving the liability/fault of the responsible parties and the nature and extent of your injuries and their impact upon your life. We work with you and your health care professionals to develop a proper medical record to support your claim.

Negotiation

Second, we NEGOTIATE. Using investigation, diplomacy and hard work, and we obtain good settlements without trial in most cases. No honest attorney can predict how a jury will decide a given case. We can give an opinion of the chances of success. Sometimes, the risks of trial are outweighed by the certainty of an offer which is too good to refuse.

Mediation

Third - MEDIATION is a process where we meet with insurance company representatives for the other party and a mediator in an attempt achieve a agreed resolution of the case. The role of the mediator is to try to help the parties reach a settlement agreement. Each party gets to present their case to the mediator including information that they do not want shared with the other side. The mediator often gives some guidance on the value of the claim. Many of our cases are successfully and satisfactorily resolved through mediation.

Trial

Fourth, we take appropriate cases to TRIAL. Our overall success rate in trial is very high.

Mr. O’Rourke represents persons injured or killed due to the fault of others.

Examples of SOME of these personal injury / wrongful death situations are as follows:

Vehicles

• Client is stopped in traffic. Another driver fails to keep a lookout or slow his vehicle and runs into client's vehicle. This is the typical "rear-end" collision.
• Client is proceeding through an intersection with the right of way. Another driver fails to stop and runs into client's vehicle. Auto safety systems only minimize injury in front and rear-end collisions, injuries may be severe to the head, shoulders and hips.
• Client is proceeding in his lane of traffic when another vehicle pulls into his lane or turns in front of or into him. This happens all too frequently to clients on motorcycles.
• Client is hit by a drunk driver. This ranges from the typical "rear-end" collision, to sitting in your living room when a drunk driver crashes through your wall.
• Client is hit by a driver who flees the scene and is not found.
• Client is hit by a driver with no insurance.
• Client's medical bills exceed the amount of available insurance.

Passengers

• Client is a passenger in a vehicle which is struck by another vehicle whose driver is at fault.
• Client is a passenger in a vehicle which strikes another vehicle or object, like a telephone pole. Clients often say "I do not want to sue my friend". Our claim is not against the friend, it is against his/her insurance company. After all, the reason he/she bought insurance in the first place was to pay you if there was an accident.

Pedestrians

• Client is a pedestrian and is crossing a street in a crosswalk with a "walk" light when a driver fails to keep a proper lookout, proceeds to make a turn or crosses the intersection hitting the pedestrian.

Bicycle Riders

• Client is walking or riding through a crosswalk with a "walk" light when a driver fails to keep a proper lookout and proceeds to make a turn or to cross the intersection hitting the bicyclist.

Boating

• Client is injured due to improper procedures, such as not following proper safety procedures when anchoring, docking or mooring the boat or lack of safety equipment.

Victims of Drunk, DUII And Other Drivers Charged with Crimes:

• Mr. O'Rourke represents victims of drunk, DUII and other drivers charged with crimes in making claims against insurance companies. The same legal issues, evidence and witnesses involved in DUII and traffic crime cases are involved in personal injury vehicle, passenger and pedestrian accidents cases. Mr. O'Rourke's knowledge of Oregon's criminal justice system and experience as a Portland criminal defense attorney and Portland DUII attorney enables him to often get extra compensation for his clients from defendants in criminal cases over and above what they get from insurance companies. He knows how to help crime victims and defendants resolve their differences to their mutual advantage.

Premises Liability - Slip and Fall

• Client is injured due to to improperly constructed walkways, stairs, ramps in houses apartments, stores, restaurants, etc.
• Client is injured due to an unsafe condition on the property.
• Client is injured due to improper lighting or lack of handrails or other safety measures.
• Client is injured due to a condition which exists in violation of building or other code.

Animal Attacks - Dog Bites

• Client is injured by an animal.

Medical Malpractice

• Client is injured due to surgeryin the wrong place or upon the wrong body part. For example, supposed to operate on right leg but operated on left leg.
• Client is injured due to removal of wrong thing. For example, supposed to remove right foot, but removed left foot.
• Client is injured due to a foreign object being left in the body after surgery.
• Client is injured because the medical treatment providers did not remove all of something which caused infection or other injury.
• Client is injured due to loss of function of other body part. For example, after operation on back, leg does not function.
• Patient died during surgery except for heart or brain surgeries.

Construction and Workplace Injuries

• Worker falls or is injured while working on a roof, scaffolding or a lift.
• Worker is injured due to the improper use or malfunction of equipment on the job including the use of drills, skill saws, roto-hammers, welders, rebar cutters, etc.
• Worker is injured due to the actions of other contractors, the owner or the public.
• Worker is injured due to an unsafe working environment, such as an unsafe entrance or exit from the work area.
• Worker is injured due to the failure of an employer to require necessary protective gear, such as hard hats, eye wear and reflective gear.
• Worker is injured due to the failure to require necessary safety precautions at a workplace, such as netting, signs, compliance with OR-OSHA rules and training of employees.

Defective Products and Equipment

• Client is injured due to defective equipment, such as an extension ladder that fails to latch, misfiring pneumatic tools, or unguarded saws.
• Client is injured due to defective household products, such as exploding or burning microwaves.
• Client is injured due to defective automobile parts, such as stuck accelerator cables or weak tire treads.
• Client is injured due to dangerous children's' toys that can cause injury.