Whether either party was negligent in a personal injury lawsuit is a question for the fact-finder, usually a jury. So, both parties put on their evidence of what they believe proves that one or the other party was negligent and the jury then decides that question based on what they have seen and heard through the course of the trial and the law as instructed by the Judge. And, yes, no party can collect damages in a personal injury lawsuit unless the other party is determined to have been both at-fault (negligent), and that negligence caused the alleged injury or damages. In Oregon, if a plaintiff is deemed to have been 51% (or more) at-fault, then that plaintiff is barred from collecting anything. If they are deemed to have some fault for the injury or damage-causing incident, eg, more than 0% but less than 51%, then whatever they are awarded in damages is reduced by that percentage of fault.

Answer Applies to: Oregon
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

In most but not all personal injury cases, you must prove fault or negligence. Usually, negligence is determined based upon a reasonable person standard: What would a reasonable person do in the same or similar circumstance?

Answer Applies to: Oregon
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

In most cases, yes, negligence must be established in order to recover on personal injury. To show negligence, one must show that a certain standard of care wasn't executed and that, thereby, a duty owed you was breached. In some cases, that standard of care is based on general standards within the community, but in other cases it is based on specific standards laid out for particular industries or actors.

Answer Applies to: Oregon
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.