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murphys315

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  1. Thank you, points taken, the injury was almost 2 yrs. ago and I have filed a suit. The Oregon law does not speculate on the persons work history only the CAPACITY to earn either/or. My work history supports that due to my injury my capacity to earn has been diminished substantially according to my previous history in the medical field and as an executive assistant, both of which require lots of on your feet physical activity. I am only 36 yrs old and have a lot of years left in which I could have earned at a greater capacity than I now can. Oregon, recognizes that the impairment of a person's earning capacity is an injury distinct from a loss of earnings. Plourd v. Southen Pac. Transp. Co (1973) "in determining the past and future loss of earning capacity the question is not whether plaintiff would have worked, by choice. Aperson is entitled to compensation for the lost CAPACITY to earn, whether he would have chosen to exercise it or not" Oregon has upheld many times that the capacity to earn is an injury and not an economic loss it appears.
  2. Here is the answer for the lost earnings potential: Plaintiff need not present evidence of past employment or intent of future employment to collect damages for reduced earning capacity. Richmond v. Zimbrick logging Inc., 124 OR App 631, 863 P2d 520 (1993), Sup Ct review denied. good info found in ORS 31.710 Non economic damages from Oregon laws.org
  3. Thank you all for the information. It sounds to me like no one case is a "typical scenario" and is very subjective to the person and the attorney representing. I will make a visit to the law library and research Or. law in these matters. I am interested in knowing more about how potential earnings are affected since my injury has left me unable to do what I have always done for work before. My attorney was not sure about this. I am thankful for any other information or advice any of you may have in a case such as this.
  4. so an update for the questions posted are: Where is a good source of info for a case such as this to determine pain and suffering? Should proper representation include good communication with client about compensation? Can potential lost earnings be recovered although I wasn't working at the time of injury?
  5. Thank you for your response, although I never asked anyone for a number, I did ask to be pointed to information where I could do my own research and for advice and a direction to go. I assumed it was understood that a posted question is a request for an opinion to be made from members of the forum. It is hard to find info when you don't know where it's at. Yes, thank you IMHO it is nonsensical to only recover medical and at least someone else thinks I should be interviewing other attorneys if this matter is not concluded. Still, I am looking for information regarding where to find the information I am needing to make a sound decision on how much and how I should be represented. So far my basic research has been telling me to go elsewhere. I am just looking for verification of that feeling on here by requesting the opinions of other professionals in the field. Opinions are appreciated about how a case like this should be represented and where I can get good information on how to make a decision on how to value pain and suffering.
  6. The question still stands though of; what does proper representation look like for a premises liability case such as this?
  7. "Talk to your lawyer, that's why you have one" Post on find law, that's why I have an account. If everyone is going to be a stonewall why does this forum exist in the first place. All I was asking was for some other opinions. Not a deal with it yourself answer. No I was not intoxicated and yes, if they put a dangerous object in the middle of the floor and said "here step up on this, it will be fun" even though it can break your leg and its not legally able to be there, its a 100% liability.
  8. So a new question. What would proper representation in this case involve?
  9. Thank you, I understand the importance and the advice. I already have and have filed before the SOL. My frustration is that my attorney didn't seem interested in pursuing for pain and suffering in the demand letter for settlement until only after filing a case. This doesn't seem right to me. Shouldn't it be a very important part of the demand for settlement. Is it a tactic, SOL was almost up and no mention of amounts for settlement have occurred until the last 30 days. Just trying to get a handle on how this process works and what to expect, after all, 2 years and counting with no expectation to fully recover is becoming frustrating. I just want to move past and try to enjoy what I am at least capable of. Also the advice here will be taken, I will consult with a few other attorneys in this matter to insure I am being represented properly. The problem is, I don't know what properly is.
  10. Also, even though I was not working at the time of the injury, am I able to recover potential lost earnings because my potential to work has been taken?
  11. Yes I understand but loss of enjoyment of life and pain and suffering are general and I am looking for some advice on how to quantify this. In my opinion there is no amount worth the loss of playing with my son, or walking on the beach, or sharing moments with my family. This is what I am losing and they are too. I am grateful for any information, thank you.
  12. Hello, I need help assessing damages for my injury. I was in a restaurant/club after 9:00 where they had a small removable platform on a slick dance floor that moved out from underneath me. Oregon building code requires this to be permitted and was not. I broke my tibia, fractured fibula and cracked my ankle. They basically threw me out, I was in shock, my husband carried me out and to ER. Almost two years later and still have physical therapy and not getting better. I have persistent pain in my knee leg and ankle from the ORIF surgery to put the rod in my leg. I was very outdoors oriented before. My husband and 8 yr old son do everything together, now I cant do 25% of the hunting, fishing, camping, hiking, or even think about jogging like I did before. This has changed life for all of us everyday. I need some help assessing what my loss is worth in court. So far my attorney is only talking about recovering medical and that's it. I am so frustrated that they don't seem to see my pain and loss as it really is. Can anyone give me some information, case law, verdict examples, or anywhere I can do my own research to find out the range of settlement I should be asking for. Not looking for a number, just some advice and a direction.
  13. Have filed complaints and reports with FTC over Federal Buyers guide issue. There are approximately 15 cars on their lot without buyers guides. Filed with Attny. Gen. of FL, and department of highway safety and motor vehicles over the fraud of them saying it had a clean title report and never being wrecked.
  14. It is in FL. and yes we sent back on the second business day and said we did not want the car and would even trade up and out of it for more money. They said no and they promised to fix all that was wrong.
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