Brad Holbrook

Brad C. Holbrook is an attorney who cares about helping clients get from point A to point B in thier lives and navigate all the legal hurdles that might be in the way. He is licensed in both Oregon and California.

"I specialize in personal injury law becasue I know that when a person is injured in an accident, especially seriously injured, s/he needs a very strong advocate to help them with all the legal aspects--and there are many-- while they focus on getting better and/or dealing with events in their life that need immediate and undivided attention. The insurance company will make an injured person think that they don't need an attorney. I believe, while there are well-intended, honorable insurance claims adjusters, you always need to have an experiecned attorney in your corner--as your advocate--in all personal injury claims you are involved in where someone else is at-fault."

The Holbrook Law Firm can help people experiencing a family law matter, such as divorce and/or child custody, and/or the loss of a loved one that requires an estate to be probated. The Holbrook Law Firm helps all that they can, and if we can't help in a particular area of law, we will attempt to find someone who can do a great job for you.

The legal system can be very intimidating--and down-right scary, The Holbrook Law Firm wants to make the process as easy as possible.

California

State Bar of California

Since 1996

Oregon

Oregon State Bar

Since 2022

• Free Consultation
  Free intial consulation for all personal injury matters.
• Contingent Fees
  Personal Injury cases are all handled on a contingency basis.

Q. I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

October 22, 2024

A: This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to liability. Medical professionals often act with the best intent to save the lives of people while minimizing loss of quality of life. Judgment calls are often made. If the Judgment call was outside the standard of care and caused damage (harm), then you have a cause of action for that laspe in professional judgment, as here, you argue that your fingers and possibly legs could have been saved. On the otherhand, you mentioned that this occurred in 2016. There are definite time frames for filing claims. Genrally, the time frame for filing a negligence claim is 2 years from the date of incident. You may be given additional time if you did not know or reasonably could not have known about the liability until you discovered it. But, the statute of ulitmate repose (absolute final date to file a claim) is 5 years for medical malpractice and 10 years for most other claims. You are still within the 10 year period. Since OHSU is a public instituion, you will need to satisify the tort claim act. This requires specific notice to the governmental body within 180 days of the date of injury or loss. This is if there is something that reasonably prevented you from knowing aout the liability. You should seek the advice of a highly experienced medical malpractice attorney who has experience with suing the government--as well as someone who have experience suing drug manufacturer, who may be liable, if they provided the wrong instructions to the medical professionals about the protocols in your situation. This response to to provide you some direction, but no intended to form an attorney-client relationship or for you to rely on in making any decissons about how you move forward with your case. I cannot properly address or evalute your legal claim from your question. You need to consult a attorney who can provide guidance on your particular case after asking you detailed questions. Mr. Knickerbocker III answered the question extremely well. I would just add that in addition to this, that you also consider whether the treatment providers were acting agressively in an emergency state to save your life. Hindsight is also always 20/20 and if you intent to sue the people who were desperately trying to save your life, it is an emotional and challenging endeavor. I wish you the best moving foward, and I hope that you have been able to adjust and focus on the things you can do--not what you can't. In the meantime, you should seek out the best medical malpractice and pharmaceutial attorney to discuss your options if you still want to pursue a recovery for your loss. Best wishes. ... Read More

Q. Can legal action be taken against previous dog owner for not informing new owner about dogs violent behavior

October 7, 2024

A: Short answer: Yes. It also depends on the bred of dog, as some dogs are deemed dangerous by their bred.

These include: pit bulls, rottweilers, Alaskan malamutes, chow chows, Dobermans, huskies, bull terriers, and wolfdogs.

If the previous owner knew or reasonably should have known that your girlfriend would be mauled by the dog, then she should have been told of this risk--warned of the potential for harm. If there was conversation about the dog's behavior and the previous owner lied to her, "Oh, this dog is an angel and would never hurt a fly", that would make the case stronger in terms of a breach of duty. Bear in mind, if your girlfriend files a claim, she will have the burden of proving her case. So, she would need to provide evidence to support her claims. It can't simply be based on things she can't prove in court. Clearly, she can prove her damages. Your girlfriend should consult with an attorney that specializes in personal injury and dog attacks. It may be more difficult because as the owner of the dog, she will need to also likely prove that she did not do anything to contribute to the mauling within the 2 months of ownership.

I hope that your girfriend is recoverying well and I am sorry she had this horrific experience. Most dogs are loving, kind, and loyal. Best to you, as well. ... Read More

Q. My wife is a cashier at a dept. store . She was grabbed by her head by an autistic young man , accompanied by his mother

January 27, 2024

A: I am so sorry to hear that this happened to your wife. I hope she is okay, and she was able to get any and all medical treatment that she needed, including use of a counselor. Fortuately, this does not happen too often. There could be some criminal liability, as she was a victim of disoderly conduct, harassment, and/or an assault and battery. And, it is evident that the fact that the man is autistic played a factor/role in this uncivilized behavior. However, no one should tolerate or expect to tolerate this type of behavior and attack. So, it is a case by case on criminal liability, in my opinion. However, the criminala aspect is up to the District Attorney in your county. You would start by calling your local Police Dept. or Sheriff. Has this happened before? Was there something about the interaction with your wife that triggered it? (Does not mean, at all, that she has any blamed whatsoever, but the cause should be determined); and then there could be liability if her employer was aware of this risk and failed to protect her or by the mother of the man and.or the man. The civil remedies available could be for medical expenses, lost wages, pain and suffering, and even punitive damages to prevent this type of thing from happening to someone else. I hope that your wife is doing well now. Best wishes moving forward. ... Read More