Legal Question in Personal Injury in Oregon
About a year ago,my 9-yr. old nephew got run over just up the road from our home. Amazingly he had no broken bones but some srious road rash, bruising and permanently lost a chunk of skin on his right elbow. Now, where this gets complicated is that at the time of the accident he was a ward of Oregon state. I took him in as a foster-child on January 13, 2005. I do now have legal guardianship of him and need to know legally if it's possible to persue legal action for this or not. Farmer's Insurance did take over on his hospital bills which to me suggests that they indeed were at fault. I'm not very familiar with the law though, so I could be wrong.... if you could help me out at all with this it would be greatly appreciated.
2 Answers from Attorneys
It's absolutely possible. Please feel free to call or email me. We'd be happy to help.
Ryan
206.398.1188 ext. 104
The "cause of action" against the person who ran him over (and his insurance company, State Farm) belongs to your nephew personally. As you are now his legal guardian, you can file a lawsuit in his behalf now. You must file the lawsuit within 2 years of the incident. I do not handle cases like this, but the Kafoury McDougal law firm in downtown Portland does. Send email to [email protected] or call them 503.224.2647.
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