Gary G. Norris – Personal Injury Attorney in McMinnville, OR
Also servicing Newberg, OR, and surrounding areas.
We are a civil trial law firm. We represent those seriously injured in accidents. We also represent businesses and contractors. Our goal is always to resolve our client’s case as favorably and as quickly as possible. We do not charge for the first consultation. And, if we do not recover for the client, there is no fee. We have the experience and expertise to take each case through a jury trial, or to resolve it through settlement, mediation, arbitration or effective initial negotiation before suit is ever filed.
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Gary G. Norris
39 Years of Personal Injury Trial Experience
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Notes on the Law
An educational series to highlight areas of the law that may affect your case.
Those injured on the job by someone else’s fault may be able to recover damages in addition to worker’s compensation benefits.
If you are injured on the job by the fault of another person who is not a fellow employee, you may have an independent legal claim for your injuries against that at-fault person, in addition to your worker’s compensation. This is called a “Third-Party Claim.” For example, if you are on the job driving a company vehicle, and are involved in an accident caused by the other driver’s fault, you can make a personal injury claim against the at-fault driver and his/her insurance company, in addition to whatever worker’s compensation benefits are paid to you. You must file an “election” with the employer’s workers compensation carrier to pursue that third-party claim yourself. There are time limitations that apply to when you must file that election. The worker’s compensation carrier has a right to be reimbursed its benefit payments out of the recovery in the third-party claim. However, settlements of “third-party” claims most often result in additional recovery for the injured person, above and beyond the amount of worker’s compensation benefits.
Occasionally, a liability insurer will make an advance payment toward a claimant’s personal injury or property damage claim before final settlement. An example would be payment of the damages to the claimant’s car in an automobile accident case. When the insurer makes an advance payment, it must give written notice to the claimant of the date that the statute of limitations (the legal deadline) to file suit for the injuries will expire.