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Frequently Asked Questions

Straight Answers. No Runaround.

Oregon-specific legal questions answered the way David answers everything — bluntly and without the legalese.

Showing 20 questions

In Oregon, the statute of limitations for personal injury claims is two years from the date of the injury. For wrongful death claims, the family has three years from the date of death. Missing this deadline almost always means losing your right to recover anything—so do not wait. If your injury involves a government entity, you may have as little as 180 days to file a tort claim notice. Call David the moment you think you have a case.

There is no formula. Your case value depends on medical bills (past and future), lost wages, pain and suffering, property damage, and the degree of the other driver's fault. Oregon follows a modified comparative fault rule—if you are more than 50% at fault, you recover nothing. Insurance companies lowball injured people every day. David's job is to make sure you get what the law actually entitles you to, not what an adjuster offers over the phone.

No. Personal injury cases are handled on a contingency fee basis—David only gets paid if he wins your case. There are no upfront costs, no hourly bills, and no financial risk to you. If we do not recover money for you, you owe nothing. Period.

Almost never. Insurance adjusters are trained to close claims fast and cheap. Their first offer is almost always a fraction of what your case is actually worth. Once you accept a settlement, you typically sign away all future claims—even if your injuries worsen. Let David review any offer before you respond.

Call 911, get a police report, seek medical care even if you feel fine, photograph everything at the scene, get witness names and contact info, and do not give a recorded statement to any insurance company without talking to David first. Gaps in medical treatment and unguarded statements to adjusters are two of the biggest ways injury victims hurt their own cases.

Property owners in Oregon have a legal duty to keep their premises reasonably safe. If you were injured on commercial property, a private residence, or public land because of a dangerous condition the owner knew about—or should have known about—you may have a premises liability claim. Document the hazard, preserve your clothing and shoes, seek medical treatment, and call David before the evidence disappears.

Yes. Oregon's wrongful death statute allows surviving spouses, children, or parents to bring a claim when someone dies as a result of another party's negligence. Recoverable damages include funeral expenses, lost income the deceased would have earned, loss of companionship, and the pain and suffering experienced before death. These cases are emotionally brutal and legally complex—get experienced representation immediately.

Oregon calls it a 'set-aside,' not an expungement, but the effect is the same—the conviction is sealed from public view and you can legally say it does not exist for most purposes. Eligibility depends on the type of offense, time elapsed since conviction or probation completion, and your conduct since then. Not all convictions qualify—Class A felonies, sex offenses, and certain violent crimes are typically excluded. David runs a free eligibility analysis.

After filing, Oregon law requires a waiting period before the court can grant the set-aside—typically 60 days for the DA to object. Total timeline from filing to order is usually 3 to 6 months. Court processing times vary by county. David handles everything: gathering certified records, drafting and filing the petition, attending the hearing, and confirming the order is properly entered.

Oregon allows firearm rights restoration for some—not all—felony convictions under ORS 166.274. You must petition the circuit court, demonstrate rehabilitation, and not have been convicted of certain violent or sex offenses. Federal law is a separate and often higher hurdle. David is direct with you about whether restoration is realistic for your specific situation—he will not string you along.

In most cases, no. A set-aside removes the conviction from public records, but Oregon law still prohibits firearm possession for many set-aside convictions. Federal law also has its own restrictions independent of state law. Firearm rights restoration requires a separate legal process under ORS 166.274. David handles both and can advise you exactly where you stand under both state and federal law.

For most employers and landlords, a properly granted Oregon set-aside will not appear on standard background checks. However, law enforcement databases retain the record, and certain licensing boards, government employers, and positions involving children or vulnerable adults may still see it. David explains exactly what a set-aside will and will not clear up before you decide to move forward.

An Oregon Stalking Protective Order (SPO) is a civil court order that prohibits a person from contacting or approaching you. To qualify, you must show that the person made at least two unwanted contacts that caused you to reasonably fear for your safety. You can apply at your local circuit court—the process moves fast. David helps you build the documentation, file correctly, and represent you at the hearing to maximize your chances of getting the order granted.

Do not take it lightly and do not represent yourself. A SPO goes on your record, can affect your gun rights, your employment, and your housing. Oregon law allows the respondent to request a hearing to contest the order—but you have a limited window to act. David has defended against false and exaggerated SPOs and knows exactly how to challenge the petitioner's evidence and testimony.

Yes. Oregon stalking orders can be challenged at a contested hearing or moved to terminate after a period of time if the respondent has complied with its terms and circumstances have changed. The process requires filing a motion and appearing at a hearing. David handles both the initial contest and later termination petitions.

Yes. Violating an Oregon SPO is a Class A misdemeanor for a first offense and elevates to a felony for subsequent violations. If you are the subject of a SPO, you must take its restrictions seriously—even contact that seems minor or that the petitioner appears to invite can still lead to criminal charges. Call David immediately if you are accused of a violation.

David personally responds to every email within 30 minutes during business hours (Mon–Fri 9am–5pm). That is not a marketing claim—it is a personal commitment. We monitor messages on weekends and respond as soon as we can, typically by the next business day. If you have ever hired a lawyer who disappears after the retainer clears, you will notice the difference immediately.

He is a real person, not a machine in a suit. He grew up here, understands Oregon juries, and talks to clients like a human being. He is aggressive in court but honest about your odds. He does not take cases he cannot win, and he does not pad timelines to run up fees. What you see in the consultation is what you get in the courtroom.

Yes. No credit card, no obligation, no hidden pitch at the end. David listens to your situation, tells you honestly whether he thinks you have a viable case, and explains what the process looks like. If he is not the right fit, he will tell you that too.

Yes. David represents clients throughout Oregon—Multnomah, Washington, Clackamas, Marion, Lane, Yamhill, Columbia, and other counties. For personal injury cases, most of the work happens in the office and in court, so distance is rarely an obstacle. For rights restoration and stalking orders, the filing county matters and David is familiar with the procedures and tendencies across Oregon's circuit courts.

Still Have a Question?

David responds to every message within 30 minutes during business hours. Ask him directly — no assistant, no intake form maze.