Representation of Injured Persons
We serve clients throughout Oregon and Washington who have been injured. Our clients choose Olson Brooksby because our lawyers handle your case every step of the way, from intake to settlement or trial. Our clients do not get handed off to a receptionist or a legal assistant at any time. We pride ourselves on providing our clients with the service they deserve by giving them our personal attention throughout the case. Olson Brooksby is a boutique firm that provides big firm level experience and capabilities. Our lawyers started their careers at a large regional firm in downtown Portland. We have tried cases in both state and federal courts, and our opponents know that, which provides us leverage in settlement negotiations.
If you have been injured, please contact us as soon as possible. The law provides strict deadlines (statutes of limitation) for filing personal injury and wrongful death claims.
We provide free consultations, and will assist you with the process of determining whether to file a lawsuit.
Regardless of the kind of case you have, we will go to court if necessary to get you the fair trial you deserve.
Experience and Accomplishments:
- Kristin Olson represented a victim of sexual assault involving a massage at ClubSport Oregon, and was able to achieve a settlement for her clients approximately one month prior to trial. In order to achieve that resolution for her clients, Kristin:
- Won a motion to allow allegations of $1 million in punitive damages against SMG Properties Oregon LLC, doing business as ClubSport Oregon ("ClubSport Oregon") and its managing company, Leisure Sports, Inc. To win her Motion to add allegations of punitive damages, Kristin had to show that there was evidence that ClubSport Oregon and Leisure Sports acted with malice or have "shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178 (April 1, 2019).
- Won a motion to amend to allege additional claims against ClubSport Oregon and Leisure Sports, including claims for negligence per se, negligent training and supervision, and negligent infliction of emotional distress. To win this Motion, Kristin had to show that there was evidence to support these claims. Kristin was allowed leave to file a Second Amended Complaint to add these claims, as well as her claims for punitive damages. (Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178 (April 1, 2019).
- Won a motion to compel documentation concerning the Oregon Board of Massage Therapists' investigation into the assault on her client. This documentation was being withheld by the defendant massage therapist, who argued that it was confidential and not subject to discovery. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (November 9, 2018).
- Successfully defeated a motion to strike allegations in the lawsuit regarding a previous sexual assault victim at the same ClubSport Oregon location. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (September 10, 2018).
- Kristin Olson represented a woman who was severely injured by falling down stairs at Brix Tavern. Kristin achieved a settlement for her client just prior to trial. In order to achieve that settlement, Kristin:
- Won a motion to amend to allow allegations of punitive damages of $1 million against Brix Tavern, the restaurant where Kristin's client was severely injured. To win her Motion to add allegations of punitive damages, Kristin had to show that there was evidence that Brix Tavern acted with malice or have "shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (April 11, 2018).
- Won a motion for sanctions. Kristin requested documents regarding other falls at Brix Tavern, but Brix claimed that there were no documents. Months later, Brix produced documents that showed, among other things, that it knew that a different patron fell down the same stairs and necessitated a trip to the emergency room just days before Kristin's client fell. The documents also showed that, days before Kristin's client fell, a manager of the restaurant drew lines on the stairs to make them more visible, but the owner, Mark Byrum, ordered that the markings be removed. As a result of the failure to produce the documents for over six months after they were requested, Kristin won a motion for sanctions and an award of $3,290 in attorney fees to be paid by the restaurant and its attorneys to Kristin's client. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (June 1, 2018).
- Won a motion to amend the lawsuit to add Mark Byrum, the man who owned Brix Tavern where Kristin's client was severely injured, as a defendant. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (July 27, 2018).
- Won a motion to amend to allow allegations of punitive damages of $1 million against Defendant Mr. Byrum, the owner of Brix Tavern. To win her Motion to add allegations of punitive damages, Kristin had to show that there was evidence that Mr. Byrum acted with malice or have "shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (September 14, 2018).
- Represented a woman who tore her rotator cuff in an automobile accident. Within days of filing the lawsuit, Kristin Olson negotiated a settlement for the full amount of the insurance company's policy limits. Olson [no relation] v. Kaufman, Clark County Case No. 15-2-02501-9 (September 9, 2015).
- Represented a man who was hit at an intersection while driving his motorcycle. Without filing a lawsuit, Kristin Olson negotiated a settlement with the at-fault driver for the full amount of her insurance company's policy limits. Kristin then successfully argued that the at-fault driver was underinsured and obtained the full policy limits from her own client's insurance company.
Our practice includes cases regarding:
- Wrongful death and catastrophic injury
- Product liability and defective products
- Sexual abuse, including civil claims brought by victims of sex trafficking
- Civil claims brought by crime victims
- Assault and battery
- Automobile accidents
- Pedestrian accidents
- Bicycle accidents
- Child injuries
- Dog bites
- Burn injuries
- Brain injuries
- Trucking accidents
- Construction accidents
Shareholder Kristin Olson chairs our practice on behalf of injured individuals. Kristin tried her first case to a jury during her service at the King County District Attorney's office in Seattle, Washington. Kristin has experience advocating for crime victims, and can provide advice on whether to pursue a civil case against perpetrators of crimes. If you have been the victim of a crime, it is important to contact a civil attorney so that you can quickly determine if you have a civil case due to the statutes of limitations that may apply.
We are committed to representing our clients with compassion and we have the tenacity to see your case through to jury trial, if necessary. We prepare our cases as if they will go to trial, which properly positions us to negotiate with companies who know that we can, and do, try cases.
When representing injured individuals, we take most of our cases on a contingency fee basis, which means that we only get our attorney fees if we recover money for you. Our case load is small, so our clients get the attention that they deserve.
Whether your case is settled or tried, you can count on us to see you through even the most contentious lawsuit.
SEXUAL ABUSE CLAIMS
We bring civil claims for monetary damages on behalf of adults and children who have been sexually abused and sexually assaulted.
Sexual abuse survivors are uniquely vulnerable. Sexual assault or molestation is one of the most painful and difficult experiences a person may endure. It is devastating and traumatic. If you have been sexually abused, you have the right to file a civil lawsuit.
Filing a lawsuit or making a claim based on sexual abuse is extremely difficult for any survivor. As lawyers who are experienced in this sensitive area of the law, our clients are uniquely brave individuals who deserve compassion and care. We recognize that vocalizing the fact that you were abused is a huge step. Initially, it will likely be overwhelming and frightening to consider filing a civil lawsuit. Our job is to assist you to overcome your fears and empower you to take action against the people who are responsible for perpetrating these horrific acts.
The lawyers at Olson Brooksby recognize the immense emotional, physical, and psychological damage that our clients have suffered. We work closely with exceptionally trained and experienced sexual abuse psychologists and experts who assist us in building cases against perpetrators and the institutions and corporations who encouraged the abuse or allowed it to happen. We understand that our clients may need time to heal and to thoughtfully decide whether they would like to pursue justice by filing a civil lawsuit.
We will discuss your legal options and the potential range of recovery available to you, while allowing you the time to make informed decisions. Critically, we will also provide you with advice concerning the applicable statutes of limitations.
We also have experience bringing loss of consortium claims on behalf of survivors' spouses, and we support the friends and families of our clients.
It is important to understand that the burden of proof in a civil case is different than the burden of proof in a criminal case. In a civil case, you must prove your claims by a preponderance of the evidence, i.e., that the claims are more likely true than not true. (Uniform Civil Jury Instruction No. 14.20.) Depending on the claim, your burden of proof may be subjected to a higher, clear and convincing standard, which means that the truth of the claim is highly probable. (Uniform Civil Jury Instruction No. 14.03.) However, even a clear and convincing standard is a lower standard than in a criminal case, where the standard is beyond a reasonable doubt. (Id.)
The lawyers at Olson Brooksby use the tools provided to us by the Oregon Rules of Civil Procedure, such as depositions, document discovery, and motion practice. These tools allow us to work to uncover any systemic problems or cover-ups that left you vulnerable and may pose risks to other potential victims. We are uniquely skilled at developing the factual support we need to achieve a favorable settlement or, if necessary, to pursue a jury trial on behalf of our abused clients who deserve restitution. While representing survivors of sexual abuse, we have uncovered evidence that has led to additional claims of negligent training and supervision, and even evidence to support allegations of punitive damages.
We believe in holding perpetrators of sexual abuse accountable, to the fullest extent possible under civil law. If you are a sexual abuse survivor, please know that the abuse was not, and is never, your fault.
Sexual assault usually happens when you least expect it and can involve offensive unwanted touching, molestation, incest, rape, attempted rape, and other sexual offenses.
After a sexual assault, survivors are often stunned and confused. Sometimes, survivors of sexual abuse "freeze" during the abuse and do not know what to do.
After a sexual assault, a victim may incur expenses for emergency department visits, doctor’s visits, sessions with therapists or psychologists, and more. The costs of a sexual assault--both monetary and psychological--can vary on a case-by-case basis. You may be able to obtain recovery for some, or all, of these costs through a civil lawsuit.
Only an experienced Oregon civil sexual abuse lawyer can advise survivors about their rights under Oregon civil law and the reasonable range of compensation for the case. The best results are generally obtained by lawyers who have actually taken sexual abuse cases to trial. Most lawyers in Oregon have not actually tried a sexual abuse case. The lawyers at Olson Brooksby have, and we are uniquely positioned to help you value your case. We work for survivors of sexual abuse to obtain the fullest amount of compensation possible.
When representing survivors of sexual abuse, we are generally only paid a portion of damages recovered. Our law firm usually advances all costs and expenses involved in bringing the lawsuit, and we are only repaid if there is a recovery.
At Olson Brooksby, you will not be handed off to staff. You will be given personal attention from a lawyer throughout the entire life of your case. We are passionate about pursuing cases on behalf of sexual abuse survivors, and we will give your case the attention and compassion it deserves.
At Olson Brooksby, we believe that all sexual abuse survivors deserve a voice. No amount of money will ever make up for what happened to you. However, should you choose to exercise your right to file a civil lawsuit, we are here to stand up for you in court. We will be there with you every step of the way, from case investigation to settlement or trial. Please contact us for a free consultation so that you can make an informed decision about whether filing a civil lawsuit is right for you.