PORTLAND OREGON PERSONAL INJURY ATTORNEY
Mr. O'Rourke is an experienced Portland Personal Injury Lawyer and experience makes a difference.
Mr. O'Rourke has practiced law as a Personal Injury Lawyer in Portland, Oregon since 1978.
During his career, Mr. O'Rourke has represented hundreds of persons in personal injury cases in Multnomah County, including Portland and Gresham, Oregon.
Mr. O'Rourke represents people in all types of vehicle and automobile accident, animal attack and premises liability cases, including slip and fall cases and cases involving defects and hazardous conditions in buildings, houses and properties which cause injuries in Portland and Gresham in Multnomah County, Oregon.
Personal injury cases which occur in Multnomah County or in which a defendant can be served or is doing business in Multnomah County are filed and go to trial in Portland, Oregon at the Multnomah County Courthouse.
Mr. O'Rourke gets good results for his clients in Portland and they appreciate the way he represents them.
Portland is the largest city in Oregon. Portland has an estimated population of 582,130. The Portland Metropolitan Area * has an estimated population of over 2,000,000 people. Gresham is the fourth largest city in Oregon in terms of population which was estimated to be 101,221 in 2008. Multnomah County the largest county in Oregon in terms of population which was estimated to be over 760,000 in 2009.
Portland has the reputation of being a very competitive place to practice law and the city where many of the best personal injury attorneys in Oregon practice. Mr. O'Rourke has practiced law as a Portland Personal Injury Lawyer since 1978.
THE MULTNOMAH COUNTY COURT SYSTEM
The Oregon Revised Statutes including The Uniform Trial Court Rules and the Oregon Rules Of Civil Procedure, and the Oregon Evidence Code generally govern personal injury and wrongful death case litigation. All courts throughout the State of Oregon are required to follow these rules.
In addition each county enacts its own Local Supplementary Court Rules which set forth how each county will manage personal injury cases initiated in that county. The main differences between the Counties' Local Supplementary Court Rules which affect personal injury lawsuits are the rules relating to Mediation, Arbitration, Judicial Settlement Conferences and the setting of trials and assigning trials to particular judges.
Every Portland injury lawyer needs to know these local rules and how to use them to assert and protect the rights and interests of the client.
LOCAL SUPPLEMENTARY COURT RULES FOR MULTNOMAH COUNTY
Local Supplementary Rule 7.075 requires that the parties to a personal injury case attempt to resolve the case other than by trial within 270 days after the filing of the lawsuit.
The Alternate Methods of resolving cases are Arbitration, Mediation and Judicial Settlement Conference.
To get a Multnomah county case set for Mediation, the parties select and hire a private mediator who is knowledgeable about personal injury lawsuits in Portland. After picking a mediator the parties set a mediation conference.
To get a Judicial Settlement Conference in Multnomah County, the parties select and contact a judge who is knowledgeable and experienced with personal injury and wrongful death cases and set a conference date. The Judge will set a deadline fo reach party to submit their confidential settlement conference memorandums.
On the scheduled day, the parties and/or their insurers and lawyers will appear at the Judge will attempt to help the parties reach a fair settlement of the case.
Each party or their insurer or attorney is required to attend the mediation. Attorneys and insurance company representatives are required to have authority to offer money so settle the case.
Unless the parties specifically agree otherwise, the settlement conference judge will not be the trial judge.
If the Settlement Conference or Mediation is not successful, the case moves on to Trial or Arbitration.
To get a case set for Arbitration in Multnomah county a party cam file a request that the Court transfer the case from the trial docket to Arbitration. If the amount in controversy is stated in the plaintiff's complaint to be less than $50,000.00 the case is automatically sent to Arbitration.
It is required that all parties make a good faith effort to resolve cases by Alternate Dispute Resolution Methods.
Local Supplementary rule 7.075 (4) provides that
(4) The court may impose sanctions pursuant to UTCR 1.090 against any party who fails to comply with subsection (2) of this rule, or who,
(a) fails to attend a scheduled mediation session, arbitration hearing or judicial settlement conference;
(b) fails to act in good faith during the mediation, arbitration or judicial settlement conference;
(c) fails to submit on a timely basis paperwork required as a part of the mediation , arbitration or judicial settlement conference process; or
(d) fails to have a principal necessary to approve the resolution of the case present or readily available, by telephone or other means, at the time of the mediation, arbitration or judicial settlement conference, unless, in advance, the court grants the party or attorney leave from compliance with this subsection of the rule.
GETTING A TRIAL DATE
In Multnomah county, it is expected that a personal injury case will go to trial within one year of the date of the filing of the complaint - commencement of the lawsuit.
When a lawsuit is filed, the case is given a first trial date approximately 6 months from the filing date. Most trials are postponed to a later date while the parties participate in the alternate methods of dispute resolution and prepare for trial.
After the case is filed the parties have 270 days to complete the Alternative Dispute Resolution Process.
Most personal injury cases in Portland are tried to the Jury. There are 12 Jurors. In most personal injury cases in Portland, the Jurors must decide issues of fault and damages.
Portland is often described as a "big little city". Juries in Portland are often composed of working people, office workers, and people in high tech fields. Portland is considered a sympathetic jurisdiction for plaintiff's cases. The highest jury verdicts in the state have been awarded in Multnomah County.
There are 38 full time judges sitting in Portland. Of those judges, approximately onf half preside over personal injury and wrongful death cases.
The Local Rules provide that complex cases and selected cases can be assigned to a judge who presides over the case from the beginning all the way through trial. Most cases are not assigned to a trial judge until the day before trial. In most cases, pretrial motions are heard by judges other than the judge who ends up presiding over the trial.
In Multnomah County, most personal injury cases are tried to a jury rather than to the Court. That means that most plaintiffs prefer to have a jury rather than a judge decide the issues of fact, who was a fault and the amount of damages, if any, to be awarded to each plaintiff.
There are many knowledgeable and experienced personal injury and wrongful death trial judges in Multnomah County.
At present all Multnomah County, Portland and Gresham state court personal injury and wrongful death trials and related court proceedings are held in the courthouse in downtown Portland. There are plans to build a courthouse in Gresham in the near future.
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.
For a free consultation with a Gresham Oregon Personal Injury
The materials included on this web site are intended to be for general information purposes only. Such materials do not constitute legal advice and must not be relied upon by the reader thereof as legal advice. The publication of the materials on this web site is not intended to create a lawyer client relationship between the reader thereof and James F. O'Rourke, Jr. & Associates. The materials contained on this web site are not intended to substitute for obtaining legal advice specific to the facts and circumstances of your particular case or claim. Nothing in this web site should be taken or construed as a promise or guarantee of any particular result in any case. This web site may be considered Advertising under the Oregon State Bar Rules.
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* The Portland Metropolitan Area includes the following counties and cities: Clackamas County, Columbia County, Multnomah County, Washington County, and Yamhill County, Portland, Gresham, Fairview, Troutdale, Milwaukie, Clackamas, Oregon City, Lake Oswego, West Linn, Tigard, Beaverton, Hillsboro, Tualatin, Aloha, and Forest Grove.