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Catastrophic Injury Attorney Portland

If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal classed as a catastrophic injury, choose Herron Law.

With 28 years of personal injury experience, the legal experts at Herron Law will help you understand what to do following a catastrophic injury and how we can help.

If you want to discuss your claim further, contact us now for a free 30-minute consultation.

Table of Contents:

Why Choose Herron Law?

With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal accident lawyers in the state.

As well as catastrophic injury claims, we also cover motoring claims like car accidents, motorcycle accidents, and other personal injury claims like child injury.

At Herron Law:

  • Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
  • We offer 100% free consultations.
  • We won’t charge a fee until you win.

Still not sure? See what our 2,000+ other clients have had to say about our service.

Book your free consultation.
 

What Is a Catastrophic Injury?

For an injury to be catastrophic, it needs to be a severe, life-altering injury that results in long-term or permanent disability, significantly reducing the quality of life, independence, and the ability to work of an individual.

These injuries require extensive and ongoing medical care, rehabilitation, and specialized equipment.

Common Types of Catastrophic Injury Claims

Catastrophic injury claims come in different types. Some of the common catastrophic injury claims include:

  • Traumatic Brain Injury (TBI): Often characterized by cognitive impairment, memory loss, or personality changes.
  • Spinal Cord Injuries: Resulting in permanent paralysis, like paraplegia or tetraplegia.
  • Amputations: Any loss of limbs requiring prosthetics.
  • Severe Burns: Causes of permanent disfigurement, nerve damage, or loss of function.
  • Multiple Complex Fractures: Serious orthopedic damage that requires long-term treatment.

 

Major Causes for Catastrophic Injuries

In the US, catastrophic injuries can be caused by a variety of means. Some of the most common causes of catastrophic injuries include:

  • Motor Vehicle Accidents (Car, Trucks, Motorcycles): These are a leading cause of severe TBIs, spinal cord injuries, and fatalities.
  • Falls: Frequently result in TBIs, especially among older adults, and are one of the top causes of injury-related death.
  • Workplace Accidents: Common in high-risk industries like construction and oil/gas, often involving falls, heavy machinery, or explosions.
  • Medical Malpractice: Negligent medical care can lead to permanent harm, like birth injuries, surgical errors, or failure to diagnose.
  • Defective Products: Hazardous consumer goods or industrial machinery leading to explosions, fire injuries, or physical injuries caused by severe malfunctions.
  • Pedestrian or Bicycle Accidents: High-impact collisions with vehicles that can often cause severe trauma, including TBIs and spinal cord injuries.
  • Violent Crime: Physical assaults can result in injuries like gunshot wounds, multiple bone fractures, or TBIs.
  • Recreational Sports or Activities: Severe accidents during swimming, diving, or contact sports can cover any of the common types of catastrophic injury.

Hospital Seriously Injured 1 scaled

How do Catastrophic Injury Claims Work in Oregon?

In Oregon, catastrophic injury claims involve securing significant compensation for life-altering injuries by proving negligence on the part of a third party and demonstrating long-term and high-cost damages.

These claims often involve filing lawsuits to exceed the limits of limited insurance policies, which are governed by a two-year statute of limitations.

Key parts of a catastrophic injury claim include:

  • Definition & Damages: A catastrophic injury can be debilitating and can often prevent gainful employment and additional lifetime care costs. Specific damages include medical bills, lost future earning capacity, home modifications, and pain or suffering.
  • Proving negligence & Long-Term Impact: Making a claim requires extensive evidence, like medical opinions and care plans, to prove how the injury will affect the victim’s life and financial needs for the coming years.
  • Oregon’s Comparative Negligence System: It’s possible to recover compensation as long as you’re not more than 50% responsible for the accident. If you are partially at fault, your compensation is reduced by your percentage of fault.
  • Statute of Limitations: You have two years from the date of an injury to file a lawsuit. It’s three years for wrongful death.
  • Government Claims: For injuries caused by a public entity, a notice of claim must be filed within 180 days.
  • Legal Process: With some cases settling through the at-fault party’s insurer, high-cost claims often necessitate filing a lawsuit in the Oregon Circuit Courts to secure fair compensation.

 

How Do I Know If I Need to Speak with a Catastrophic Injury Lawyer?

You should speak to a catastrophic injury lawyer if you or a loved one has suffered a permanent, life-altering injury like a TBI, spinal cord injury, amputation, or severe burns.

These injuries often require long-term care, cause significant income loss, or stem from another party’s negligence.

Key indications that you may require a catastrophic injury lawyer include:

  • Permanent Disability: If the injury causes long-term or permanent changes to your ability to work, live independently, or enjoy life.
  • High-Cost Future Care: If you require compensation for ongoing medical care, home adaptations, or specialized equipment.
  • Complex Liability: If it’s unclear who is at fault, or multiple parties are involved in the accident.
  • Insurance Limitations: If the insurance company offers a quick, low settlement that doesn’t cover future, uncalculated needs.
Got more questions? Speak to one of our lawyers to determine the specifics of your case.
 

Ways Herron Law Can Help

Herron Law plays a key role in providing clients with legal representation. Our lawyers also support victims who have been injured or traumatized due to the negligence or misconduct of another party in relation to a catastrophic injury.

Our key responsibilities include:

Case Evaluations:

  • Free Initial Consultation: Your catastrophic injury attorney will offer a free 30-minute consultation to understand the case details and determine its validity.
  • Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.

Investigation:

  • Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing on the part of the third-party involved.

Expert Consultation:

  • Working with Specialists: If needed, one of our attorneys will consult with medical professionals to strengthen your case in the future.

Filing the Lawsuit:

  • Preparation of Legal Documents: The personal accident attorney prepares and files the necessary legal documents to begin any claims.
  • Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.

Settlement Negotiation:

  • Negotiating with Defendants: If there are any defendants involved in your accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.

Fighting for you:

Herron Law’s attorneys advocate for you and your loved ones, striving to ensure justice is served and the responsible parties are held accountable.

By undertaking these responsibilities, our attorneys play a pivotal role in helping to navigate the complexities of the legal system during challenging times.

Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure.

 

Who Can Be Liable in a Catastrophic Injury?

Anyone whose negligence causes permanent, life-altering damage, such as drivers, employers, medical professionals, or property owners, can be considered potentially liable in catastrophic injury cases.

Local authorities can also be held liable if the catastrophic injury was a result of poor maintenance of public areas like parks, roads, or publicly owned buildings.

Common scenarios leading to liability include:

  • Motor Vehicle Accidents: Involving insurers and negligent drivers.
  • Workplace Accidents: Including falls from heights, machinery failure, and industrial accidents.
  • Medical Negligence: Surgical errors, delayed diagnosis, or incorrect treatment.
  • Criminal Injuries: Injuries resulting from violent assaults.

 

What If I Am Found Partially Liable?

If you’re found partially liable for a catastrophic injury, it does not automatically bar you from recovering damages thanks to comparative negligence laws.

If your fault is 50% or less, you can still recover compensation, though your total award will be reduced by your percentage of fault through Oregon’s modified comparative fault rule. For example, if your damages are calculated at $100,000 and you are found to be 20% at fault, your total compensation would be reduced by 20%, meaning you would receive $80,000.

This allows you to recover damages provided your fault is no greater than the combined fault of other involved parties.

 

Can You Receive Full Compensation for a Catastrophic Disability?

In Oregon, you can pursue full compensation for a catastrophic disability, covering medical bills, lost wages, and pain and suffering.

However, achieving it depends on proving negligence and the extent of damages. Working with a skilled catastrophic disability attorney is essential for receiving proportional compensation.

 

Case Examples for Catastrophic Injury in Oregon

Below are two cases in Oregon where catastrophic injuries found their way into court, and victims received financial compensation.

2025 Highway Motor Crash

In 2025, a highway motor vehicle accident occurred. A semi rear-ended an SUV. The victim, still in the car at the time, was unconscious.

EMS and fire services were called, as well as an Air Link helicopter.

The rear end of the SUV had been dealt significant damage, and by the marks of the road, the vehicle had likely been airborne before landing on its side.

Bystanders witnessed the semi attempt to pass the SUV in a 45mph zone before entering the 55mph zone. The semi then made a sharp left-hand manoeuvre before attempting the same manoeuvre back right.

It’s believed the truck was travelling roughly 70mph when the SUV was hit.

As a result, the victim settled the case for $1,000,000 in damages after three months of negotiations.

Multnomah County Court Staircase Trial

This case was filed in Multnomah County Court in Portland, Oregon. The client, a man in his 30s who previously worked as a firefighter and EMT, had recently secured a position as a locomotive engineer with one of the most prominent railroad companies in the United States.

Around six months on the job, he and his family moved into a two-story apartment. On Halloween night, after spending the evening with his children and putting them to bed, he returned downstairs to lock the front door.

After taking a few steps down the staircase, a portion of the staircase near the top gave way beneath him. Unable to catch himself, he fell through the stairs and became trapped within its structure.

As a result of the fall, he suffered significant spinal injuries. At some point in the future, one of the maintenance men at the apartment complex made a disrespectful joke to the wife that the client was a big man, and that is why the stairs collapsed under him.

The injuries prevented him from continuing his career as a locomotive engineer. The position required extensive physical activity, including walking long distances alongside trains, climbing on and off railcars, inspecting equipment, and accessing elevated areas of trains that can be both lengthy and high off the ground. Due to his physical limitations, he was no longer able to perform the essential duties of his job.

The loss of his career had a devastating impact on his family. Eventually, he lost the position he had worked so hard to obtain and was no longer able to afford the family’s housing.

The matter was resolved through a confidential settlement.

 

Awards & Associations

At Herron Law, we are dedicated to our clients.

We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.

Our other awards include:

  • 2015 Premier Trial 100 Attorneys Oregon, by the American Academy of Trial Attorneys.
  • Oregon’s 10 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.

2015 Premier 100 Seal AATA

 
If you’re interested in discussing a claim with us, contact us now for a free 30-minute consultation.


Frequently Asked Questions (FAQs)

In Oregon, catastrophic and other serious personal injury cases, attorneys will work on a contingency fee basis, meaning no win, no fee. Common contingency fees can typically range from 33% to 40%, depending on the case and if it goes to trial.

A catastrophic personal injury case involves severe, long-term, or permanent injuries because of harm caused by a third party. They are often complex and require higher future care and earnings loss than personal injury cases, which involve less severe cases with limited long-term impacts and lower damages.

Catastrophic injury claims in Oregon most commonly stem from serious accidents caused by the negligence of others. This includes traffic accidents and car wrecks or collisions, industrial workplace accidents, falls from heights, defective products, or acts of violence.

There is no single average settlement for a catastrophic injury claim, as the compensation depends on the affected party’s quality of life, lifelong medical needs, medical expenses, lost earnings, pain and suffering, and available insurance limits. However, catastrophic case settlements will far exceed typical personal injury settlements.

To hire a catastrophic injury attorney in Oregon, seek a free initial consultation with a reputable firm like Herron Law. Discuss the case facts, potential liability, and fee structure. Then, review and sign a contingency fee agreement before providing documentation of your catastrophic injury, and allow your attorney to begin the investigation and representation.

Contact us today to schedule a free 30-minute consultation.

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Learn More with Herron Law

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What Our Clients Say About Us

 

Herron Law | Attorney Bart Herron

Bart Herron

Catastrophic Injury Attorney

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Biography

Attorney Bart Herron is a veteran, was a licensed social worker responsible for running the children’s program in a domestic violence shelter, and a steering committee board member for the Joint Task Force for the Prevention of Child Abuse, all before becoming a trial attorney. He understands how to talk to jurors.

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