Seeking Reimbursement for Legal Fees
One of the most common questions in civil litigation is regarding reimbursement of legal fees. If you sue someone for money damages in Oregon, can you also sue them for your legal fees? If someone sues you and you win, can you seek reimbursement for your legal fees? In the American legal system, unfortunately, the default rule is that each side in a civil lawsuit pays for their own legal fees. But there are exceptions.
In Oregon, the legal right to seek reimbursement of legal fees generally comes from either a contract or a statute. When entering into a contract, whether or not a prevailing party legal fees clause is included, and if so, what it covers, will be an important detail to consider. If you need a contract prepared or have questions about a contract that someone has asked you to sign, be sure to consult with one of our attorneys at Lower Columbia Law Group LLC.
If there is no contract in a civil dispute, or if the contract does not have a legal fees clause, then a party in a civil lawsuit generally must rely on a statute to have the right to seek reimbursement of legal fees. Thankfully, there are many statutes in Oregon that do this.
The following is a sample of some of the statutes in Oregon that allow for a party in a civil lawsuit to seek reimbursement of legal fees:
- ORS 20.080 allows a person who is injured or sustains property damage to seek reimbursement for legal fees under certain circumstances if the claim is for $10,000.00 or less.
- ORS 20.082 allows a person who is owed up to $10,000.00 on a contract to seek reimbursement for legal fees.
- ORS 20.105 allows a person who defeats a frivolous claim to seek reimbursement for legal fees.
- ORS 20.107 allows victims of unlawful discrimination to seek reimbursement for legal fees.
- ORS 30.701 allows a person who sues another for writing a bad check to seek reimbursement for legal fees.
- ORS 30.831 allows the victim of an invasion of privacy to seek reimbursement for legal fees.
- ORS 30.866 allows stalking victims to seek reimbursement for legal fees.
- ORS 46.465 allows a person who hires an attorney to defend a case filed in small claims court to seek reimbursement for legal fees.
- ORS 90.255 allows landlords and tenants to seek reimbursement for legal fees in landlord-tenant cases. In residential eviction cases, ORS 105.137 allows landlords and tenants to seek reimbursement for legal fees under certain circumstances.
- ORS 105.810 allows property owners to seek reimbursement for legal fees when suing a person who unlawfully trespasses and cuts down or otherwise damages a tree on the property.
- ORS 116.183 allows a personal representative of an estate to seek reimbursement from the estate for legal fees incurred in estate and probate litigation.
- ORS 124.100 allows an elderly, disabled, or other vulnerable person who is physically or financially abused to seek reimbursement for legal fees.
- ORS 646.638 allows victims of unlawful trade practices and other consumer law violations to seek reimbursement for legal fees.
- ORS 646.641 allows victims of unlawful debt collection practices to seek reimbursement for legal fees.
- ORS 652.200 allows employees to seek reimbursement for legal fees incurred in prosecuting wage claims.
- ORS 659A.885 allows employees and employers in many types of employment litigation to seek reimbursement for legal fees.
When prosecuting and defending civil claims and lawsuits, our attorneys always look for any option to have the other side pay or reimburse our clients for legal fees and expenses.
Do you have a legal claim, or have you been sued, and are you worried about the cost of litigation? Contact us today to schedule a consultation with our litigation and trial attorney, Nicholas O. Herman, to find out if you can seek reimbursement for your legal fees.
