Portland crime victim Lawyer

We represent crime victims in Oregon who have been physically injured

If you have been the victim of a crime, the emotional and physical toll can feel overwhelming. Dealing with legal issues may be one of the last things you want to do, but understanding your rights and potential remedies can be an important step toward moving forward. In Oregon, victims of crime not only have specific rights during the criminal case, but they may also be able to seek compensation through a civil lawsuit. A Portland crime victim lawyer experienced in representing victims in both criminal and civil cases can play a pivotal role—supporting you through the criminal proceedings and helping you seek justice and compensation in civil court. Our Portland personal injury law firm takes cases in which there is the potential to hold the criminal defendant or other third parties responsible for your damages in a civil case.

Crimes That Can Form the Basis for a Civil Lawsuit for Damages

Certain crimes can provide the basis for a civil action, enabling a crime victim to file a civil lawsuit for damages. Recoverable damages can include medical expenses, lost wages, loss of earnings capacity, and pain and suffering. Crimes that can serve as the basis for a civil lawsuit include the following:

• Assault & Battery: Includes intentionally, knowingly, recklessly, or, in some circumstances, criminally negligently causing physical injury to another person. Crimes such as gun violence, stabbings, and vehicular injuries can fall under this category. In Oregon, these crimes are categorized as Assault in the First Degree, Second Degree, Third Degree, and Fourth Degree (ORS 163.185, ORS 163.175, ORS 163.165, ORS 163.160).

• Homicide (Wrongful Death): The unlawful killing of a person, whether intentional, reckless or with criminal negligence. In Oregon, these crimes include Murder in the First Degree (ORS 163.107), Murder in the Second Degree (ORS 163.115), and Manslaughter in the First and Second Degrees (ORS 163.118, ORS 163.125).

• Aggravated Assault: Assault involving a deadly weapon, such as a vehicle, gun, or knife, or with the intent to cause serious bodily harm. In Oregon, this is categorized as Assault in the First or Second Degree (ORS 163.185, ORS 163.175).

• Vehicular Manslaughter: Criminally negligent or reckless driving that results in death. In Oregon, this can be charged as Manslaughter in the First or Second Degree (ORS 163.118, ORS 163.125) or Criminally Negligent Homicide (ORS 163.145).

• Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol, drugs, or other substances, leading to injury or death. In Oregon, this is referred to as Driving Under the Influence of Intoxicants (DUII) (ORS 813.010).

• Reckless Driving: Driving with willful disregard for the safety of others, resulting in injury. In Oregon, this crime is called Reckless Driving (ORS 811.140).

• Hit-and-Run with Physical Injury: Leaving the scene of an accident after causing injury to another person. In Oregon, this is Failure to Perform Duties of a Driver to Injured Persons (ORS 811.705).

• Criminally Negligent Homicide: Causing the death of another person through criminally negligent actions. In Oregon, this crime is called Criminally Negligent Homicide (ORS 163.145).

• Elder Abuse (Physical): Intentionally, knowingly, or negligently causing physical injury or neglecting an elderly individual. In Oregon, these crimes can be charged as Criminal Mistreatment in the First or Second Degree (ORS 163.205, ORS 163.200). Elder abuse can include physical abuse, sexual abuse, emotional or psychological abuse, financial exploitation, and neglect. (See 124.005-124.040 and 124.100-124.140).

• Negligent Discharge of a Firearm: Careless handling or firing of a gun that results in injury. In Oregon, this can be prosecuted under general Assault laws or Recklessly Endangering Another Person (ORS 163.195).

What to Do If You are the Victim of a Crime

If you are the victim of a crime, here are steps you can take to protect yourself and your legal rights:

• Ensure Your Immediate Safety: Find a safe place and get help if you need it. If you're in immediate danger, call 911.

• Contact Law Enforcement: Notify local police as soon as possible. Ask for the police officer’s business card and the case or report number.

• Seek Medical Care: If you have been injured, go to the hospital, tell them you have experienced a crime, and have your injuries treated.

• Preserve Evidence: After consulting with law enforcement to avoid any type of contamination, keep any physical evidence from the incident, such as clothing or personal items that might be relevant. Save documents showing any losses or medical expenses.

• Take Photographs: Take photos of any physical injuries and of anything else that might be relevant.

• File a Police Report: Reporting the crime as soon as possible helps build an official record and enables the authorities to investigate.

• Contact an Experienced Crime Victim Lawyer: Consulting with an experienced Portland and Beaverton crime victim lawyer early can help you navigate the complexities of both criminal and civil cases, helping ensure your rights are protected. Consulting with a lawyer quickly can be crucial as this can help ensure that evidence is preserved before it disappears and witnesses are interviewed before their memories fade.

Crime Victims’ Rights in Oregon

Crime victims in Oregon have certain rights that ensure they have a meaningful role in the criminal justice process and are treated with respect and dignity. Knowing these rights and how to assert them can be essential. Crime victim’s rights in Oregon include the following:

• Right to Notice: Victims have the right to be informed in advance of court proceedings, case status, and of critical stages in the case.

• Right to be Present: Victims are entitled to be present at all critical stages in the proceeding in open court.

• Right to be Heard: Victims have the right to be heard, such as at a pre-trial release hearing or at sentencing.

• Right to Have the Judge Consider Your Safety: When deciding whether to release the defendant, a victim has the right to have the judge consider their safety.

• Right to Privacy: Upon request, a court shall prevent a victim’s address and phone number from being disclosed to the defendant unless good cause is shown.

• Right to Restitution: Victims can often seek restitution as part of the criminal sentencing, which may cover certain out-of-pocket crime-related expenses.

• Right to Refuse to Speak to the Defendant’s Attorney or Investigator: Victims are not obligated to talk to the defendant's legal team, even if they contact you. 

• Right to Disclosure in Collisions Involving an Intoxicated (DUII) Driver: Upon request, in collisions involving a driver that was Driving Under the Influence of Intoxicants, victims have the right to obtain a copy of all discovery produced to the defendant and their attorney.

For a full list of all of a victim’s rights in Oregon, click here.

The Difference Between Criminal
and Civil Liability

While both criminal and civil cases can play a role in securing justice for crime victims, they are distinct processes with different purposes and outcomes:

• Criminal Liability: In a criminal case, the state prosecutes the offender with the goal of punishing unlawful conduct. If the state proves the defendant’s guilt “beyond a reasonable doubt,” the offender may face penalties like jail, imprisonment, or fines. However, criminal prosecutions do not typically offer financial compensation directly to the victim other than limited restitution.

• Civil Liability: A civil case is separate from a criminal proceeding and initiated by the victim against the perpetrator or a liable third party. The goal is to secure compensation for harm suffered by crime victims, such as medical bills, lost income, pain, suffering, and emotional distress. Civil cases rely on a lower standard of proof, typically requiring a “preponderance of the evidence,” making it possible to win a civil suit even if the criminal case did not end in a conviction.

Working with an experienced crime victim lawyer who is familiar with both criminal and civil litigation can be critical to your ability to obtain justice.

How a Criminal Defendant
Can Be held Civilly Liable

A person charged or convicted of a crime can potentially be held accountable for damages in civil court. Injuries caused by intentional, knowing, reckless, or negligent actions—like in cases of assault, battery, reckless driving, and driving under the influence of intoxicants—can form the basis for a civil lawsuit for damages. If the crime resulted in a loved one’s death, the victim’s family may pursue a wrongful death suit for damages. See our Wrongful Death practice page for more information.

Civil claims against a defendant can provide financial relief for losses the criminal justice system does not address. A civil lawsuit can also help ensure that the voices of the crime victims are heard and allow them a direct role in obtaining justice.

How Third Parties Can Be Civilly Liable for criminal acts of others

In many cases, a criminal defendant will be “judgment proof.” That means that they are financially unable to pay any judgment that may be obtained against them. In those situations, it is critical to investigate whether any third parties contributed to the conditions that led to the commission of the crime. If so, those third parties may be held responsible for some or all of the damages. Examples include:

• Security Companies: If a security company, for example, failed to take reasonable measures to prevent a foreseeable crime or hires unqualified staff, it may be liable for damages.

• Property Owners or Businesses: Premises liability laws require property owners to take reasonable measures to maintain safe environments. If a business owner failed to implement appropriate security measures in a high-crime area, for example, they could be liable for foreseeable crimes committed on their property.

• Employers: Employers may be held liable if, for example, they failed to perform background checks or ignored warning signs about an employee’s potential for harm, especially in cases involving assault, harassment, or sexual abuse.

• Common Carriers: A common carrier is generally any business transporting passengers for a fee—examples include bus companies, taxi services, and airlines. Companies like TriMet and Alaska Airlines would be considered common carriers in the Portland metro area. Common carriers owe their passengers the highest degree of care for their safety. They must take reasonable measures to protect their passengers from foreseeable harm, including the duty to protect passengers from foreseeable criminal conduct.

For crime victims, often third-party claims can be the difference between getting nothing and obtaining fair compensation for their damages, especially if the criminal defendant is judgment-proof and cannot pay. A skilled Portland crime victim lawyer can investigate potential third-party liability and identify all appropriate avenues for recovery.

Hire an experienced
portland crime victim lawyer

Benjamin B. Grandy practiced criminal litigation for over a decade before changing the focus of his practice to personal injury litigation. Mr. Grandy is intimately familiar with both civil and criminal procedure, allowing him to effectively advocate for his clients in both arenas. Crime victims have rights and options for justice beyond just the criminal case. By pursuing a civil claim, crime victims can seek compensation for medical expenses, emotional distress, and other damages. A dedicated and skilled attorney with experience in crime victim cases can offer vital support, helping victims understand their rights, assert them in criminal proceedings, and secure compensation through civil litigation. If you are a crime victim in the Portland or Beaverton area, consider contacting a knowledgeable attorney who can guide you through this challenging process. Contact our office today for a free consultation.

Last updated: December 1, 2024.