Brad Holbrook

I am Brad C. Holbrook, an attorney who is passionate about assisting clients as they navigate their legal challenges. I am licensed to practice law in both Oregon and California. While I primarily practice in Oregon, where I reside, I am also available to assist clients in California when necessary.

My area of practice is personal injury law. I was drawn to this field because I understand the significance of having a dedicated advocate when someone is injured in an accident, particularly if the injuries are severe. In such situations, individuals need steadfast support to manage the numerous legal details while they concentrate on their recovery and other vital areas of their life. It is a common tactic for insurance companies to suggest that an injured person does not require legal representation. However, I firmly believe that, even in the presence of fair insurance claims adjusters, having a seasoned attorney is crucial in any personal injury claim where another party is at fault.

I possess the experience necessary to effectively manage your personal injury claim. I value the chance to employ my experience in aiding those who are in need.

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

California

State Bar of California

Since 1996

Oregon

Oregon State Bar

Since 2022

Elite Lawyer Award

Elite Lawyer

2025

The Elite Lawyer award recognizes exceptional attorneys throughout the United States in a multitude of practice areas. An Elite Lawyer has demonstrated a high degree of skill and success in his or her career, has been peer recognized, has exceptional experience, and is active in their community. When you choose an Elite Lawyer, you have an added level of review and scrutiny to rely on.

Top 100--Civil Plaintiff

National Trial Lawyers Association

2025

Elite Lawyer

Elite Lawyers

2025

Q. Hit by a truck in a mall parking lot; cop refused report. What next?

July 25, 2025

A: First, I’m relieved to hear that you appear to be physically alright—being struck by a truck is no small matter. Second, if you intend to pursue legal action against the police, you will likely need to file a Tort Claim Notice within 180 days of the incident, pursuant to ORS 30.275. You didn’t specify the date of the accident, but under Oregon law, you generally have two years to file a claim against the driver and/or the mall for personal injury.

Third, you may have grounds to file a claim against the mall if it can be shown they were negligent in managing the parking lot, such as failing to enforce traffic protocols or allowing unsafe conditions.

Fourth, Oregon follows a modified comparative negligence rule with a 51% bar. This means you must prove the other party was at least 51% at fault to recover damages. If you contributed to the accident—such as by walking into traffic or emerging suddenly from between parked cars—your recovery could be reduced or barred entirely.

Lastly, I’m surprised the officer did not provide the truck driver’s information, as that would typically be required for filing a DMV Traffic Collision and Insurance Report. There may be a rationale behind the officer’s decision, but it’s worth following up to ensure you have the necessary details for your records and any potential claim.

I strongly encourage you to consult with an attorney promptly if you wish to pursue this matter. Wishing you a full recovery and clarity as you move forward. ... Read More

Q. Can my boyfriend defend against false pedophilic behavior claims in Oregon?

July 11, 2025

A: It's kind of you to post this in support of your boyfriend. That said, he's 35 and was dating someone 13 years younger. While age gaps in relationships aren’t uncommon and love has no fixed limit, there is a legal age of consent. In many states and countries, that age ranges from 14 to 16—but as you know, California’s threshold is higher.

You didn’t mention your own age, which may be relevant when law enforcement assesses the situation. There are many factors at play here, and I trust you're aware of that. I also agree with James L. Arrasmith—don’t panic. This is undoubtedly a stressful and unwanted situation, but based on your statements, it may be difficult to prosecute. Moreover, prosecution may not be in the best interest of an alleged victim who’s experiencing suicidal ideation and may have reported the incident out of spite.

However, if your boyfriend has a pattern of dating significantly younger individuals and reasonably should have known that this person was under 18—considering contextual cues like attending high school or living at home—he may need to be prepared for legal challenges. In any case where criminal charges might be a possibility, it's important he consult with an experienced defense attorney promptly. ... Read More

Q. Can an employee be terminated for filing a false worker's comp claim?

July 7, 2025

A: If your question assumes the truth of the fact that the worker's compensation claim was fradulent--then, yes, in Oregon, an employee can be terminated for filing a false workers' compensation claim. However, if there is any chance that there was a valid claim? The case must be handled carefully to avoid violating state or federal employment laws.

For examle, terminating an employee for filing a valid claim would likely constitute wrongful termination or retaliation, both of which are illegal. Then again, filing a fraudulent claim—such as fabricating an injury, exaggerating its severity, or misrepresenting the circumstances—is not protected and may be grounds for termination. This case sounds like an exagerratd injury--at least during work-and misrepresentation.

As you likely know, Oregon is an at-will employment state, meaning employers can terminate employees for any reason or no reason—except for reasons that are unlawful (e.g., discrimination, retaliation for protected activity). So, If an employer has credible evidence that a workers’ comp claim was intentionally false, they may terminate the employee without violating the law. You should 1) Thoroughly investigate the claim before taking action.

2) Document inconsistencies or evidence of fraud (e.g., surveillance, witness statements, medical reports).

3) Consult legal counsel before termination to ensure compliance with anti-retaliation laws and to avoid wrongful termination claims, and 4) Report suspected fraud to the Oregon Workers’ Compensation Division or the insurer for formal investigation.

You indicated that you are a small company--perhaps employees are relatively close to one another, and this employee might be forthcoming about how and where the injury occured. I know this is diffcult, and I wish you the very of luck and hope that everyhting can be worked out. You should seek the direction of an experienced attorney should you have any doubt about how to handle this matter. ... Read More