Divorce, Civil Litigation & Personal Injury FAQs


After an Accident – What You Need to Know

  • Prioritize safety and seek medical attention if necessary. Contact law enforcement so a report is created. Exchange information with the other driver and document the scene if possible. Avoid admitting fault or providing recorded statements to the other party’s insurance company before understanding your rights. Early documentation and medical evaluation can significantly affect your claim.

  • You are required to cooperate with your own insurer, but you are not obligated to give a recorded statement to the other party’s insurance company without understanding the potential impact. Early statements can influence liability decisions and settlement value. Speaking with an attorney first can help protect your position.

  • In most Oregon personal injury cases, the statute of limitations is two years from the date of injury. Certain cases, including those involving public entities, may have shorter deadlines. Missing a filing deadline can permanently bar recovery, so timely evaluation is important.

  • At 100 Fires Law, most Oregon personal injury cases are handled on a contingency fee basis. This means you do not pay attorney fees unless we recover compensation for you. The specific fee structure is explained clearly in a written agreement before representation begins.

  • Contingency fees in Oregon personal injury cases are typically a percentage of the amount recovered. The exact percentage depends on the stage of the case (pre-litigation vs. litigation) and is agreed upon in writing before we begin work. We review all fee terms during your consultation so there are no surprises.

  • The timeline for a personal injury case in Oregon varies based on the severity of injuries, medical treatment duration, insurance negotiations, and whether a lawsuit must be filed. Some cases resolve within a few months. Others, especially those involving significant injuries or disputed liability, may take a year or longer.

  • Yes. Most Oregon personal injury claims resolve through negotiated settlement rather than trial. However, we prepare every case as if it may proceed to litigation. Careful preparation often strengthens negotiation outcomes.

  • Oregon follows a modified comparative fault rule. You may still recover compensation as long as you were not more than 50% at fault. Any recovery may be reduced by your percentage of responsibility. Liability assessments depend heavily on documentation and investigation.

 

Divorce & Family Law

  • Oregon does not have a mandatory waiting period once a divorce is filed. An uncontested divorce may resolve within a few months. Contested divorces involving custody, property division, or support can take significantly longer depending on complexity and court scheduling.

  • After filing and service, the other party has an opportunity to respond. The court may issue temporary orders addressing parenting time, child support, spousal support, or possession of the home. Many cases move through negotiation or mediation before trial.

  • Oregon uses statewide child support guidelines based on both parents’ incomes, parenting time, childcare costs, and other financial factors. Courts may deviate from guideline amounts in certain circumstances.

  • Oregon courts base parenting time decisions on the best interests of the child. Factors may include stability, safety, the child’s emotional ties to each parent, and each parent’s willingness to encourage a relationship with the other parent. Parenting plans can be negotiated or determined by the court if necessary.

  • Transitional support is a type of spousal support in Oregon designed to help one spouse gain education, training, or skills necessary to re-enter or advance in the workforce. Whether transitional support is appropriate depends on the financial circumstances and length of the marriage.

  • Oregon is an equitable distribution state. Marital property is divided in a manner that is “just and proper” under the circumstances. While equal division is common in long-term marriages, outcomes depend on financial contributions, length of marriage, and other relevant factors.

  • You can move out before filing for divorce, but it is important to understand the potential legal and financial implications. Moving out does not automatically affect your ownership interest in the marital home. However, it can impact temporary parenting arrangements, household expenses, and possession of property. Before moving out, it is often wise to consult with a divorce attorney to understand how it may affect custody, support, or strategic positioning in your case.

  • n Oregon, marital property is divided in a manner that is “just and proper” under the circumstances. The family home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. One spouse may be awarded the home, the home may be sold and proceeds divided, or other assets may be used to offset equity. The outcome depends on financial circumstances, custody arrangements, and the overall property division structure.

  • Retirement accounts accumulated during the marriage are generally considered marital property in Oregon. This may include 401(k)s, pensions, IRAs, and other retirement benefits. Division is often accomplished through a Qualified Domestic Relations Order (QDRO) or similar court order. The division depends on the portion earned during the marriage and the overall equitable distribution of assets.

  • Not always. Many Oregon family law cases resolve through negotiation, mediation, or settlement agreements without a trial. However, if parties cannot reach agreement, court appearances may be necessary to resolve disputed issues.

  • Yes. Many divorce and custody cases in the Portland metro area resolve through mediation. Courts often encourage mediation, particularly in parenting matters. Understanding your legal rights before entering a binding agreement is important.

 

Civil Litigation

  • 100 Fires Law handles select civil litigation matters in Oregon, including contract disputes, business conflicts, partnership disputes, and property-related matters. We evaluate each case carefully to determine whether litigation is the appropriate strategy before moving forward.

  • The strength of a civil case depends on documentation, legal grounds under Oregon law, and provable damages. During a consultation, we assess the evidence, potential risks, costs, and likelihood of recovery before recommending next steps.

  • Civil litigation timelines vary significantly depending on complexity, court scheduling, and whether the case settles before trial. Some disputes resolve within months through negotiation or mediation. Cases that proceed through full litigation may take a year or longer.

  • Yes. Many civil disputes in the Portland metro area resolve through negotiated settlement or mediation before trial. However, preparing a case thoroughly for litigation often strengthens settlement discussions.

  • Civil litigation is typically billed hourly with an advance fee deposit (retainer). Costs depend on the scope of the dispute, the amount of discovery required, expert involvement, and court proceedings. We discuss anticipated expenses and strategy at the outset so clients can make informed decisions.

  • In Oregon, attorney fees may be recoverable in certain cases if a contract includes a fee provision or if a statute allows for fee recovery. Not all cases qualify. Whether fees are recoverable depends on the legal basis of the claim.

  • Many Oregon courts encourage or require mediation before trial. Mediation can provide a structured opportunity to resolve disputes without the expense and uncertainty of trial.

  • Litigation is one tool, not always the first step. In many disputes, a strategic demand letter or negotiation may resolve the matter efficiently. We evaluate leverage, risk, and cost before recommending whether to initiate a lawsuit.

  • In Oregon, small claims court handles disputes involving limited monetary amounts (typically up to $10,000). Small claims cases are designed to be more informal and move quickly, often without attorneys present.

    Circuit court handles larger or more complex civil disputes, including contract claims, business disputes, and property matters exceeding small claims limits. Circuit court cases involve formal procedures, discovery, motion practice, and potentially trial. Choosing the proper court depends on the amount in dispute and the legal complexity of the case.

  • Discovery is the formal process where each party gathers information and evidence from the other side. In an Oregon civil case, discovery may include written questions (interrogatories), requests for documents, subpoenas, and depositions.

    Discovery allows both sides to evaluate the strength of the case and often plays a significant role in settlement discussions. The scope and duration of discovery depend on the complexity of the dispute.

  • Yes, if a valid contract exists and one party fails to perform their obligations, you may have grounds for a breach of contract claim under Oregon law. To succeed, you generally must show that a contract existed, that you fulfilled your obligations (or were excused from doing so), that the other party breached the agreement, and that you suffered damages as a result.

    Whether filing suit is advisable depends on the amount in dispute, available documentation, and the likelihood of recovery.

Fees & Consultations

  • Personal injury matters are typically handled on a contingency fee basis. Divorce and civil litigation matters are generally billed hourly with an advance fee deposit. All fee structures are explained clearly in writing before representation begins.

  • For injury matters, bring accident reports, insurance information, medical records, and correspondence. For divorce or civil matters, bring financial documents, contracts, and relevant court paperwork.

  • Yes. 100 Fires Law offers both in-person and virtual consultations for clients throughout the Portland metro area and across Oregon.

 

Still Have Questions?

If you are navigating a divorce, custody dispute, civil litigation conflict, or personal injury claim in the Portland metro area or throughout Oregon, schedule a consultation with 100 Fires Law to discuss your options and strategy.