oregon personal injury information

Josh Lamborn

Oregon Injury Attorney

503.546.0461 

Vehicle Accidents

Cars,

Bikes,

Semi-Trucks

Logging Trucks

SUV

Injuries

Wrongful Death

Disabilites

What Should You Do After an Oregon Auto Accident?

If an auto accident causes severe injuries to you or to a loved one, you should contact a well-established and reputable attorney immediately.  Time is of the essence in these cases for the reasons explained below – particularly for individuals unable to care for themselves.  Even if the injuries are not severe, you should consult a capable auto accident lawyer soon after you:

Obtain prompt medical attention for any injured parties.  If the injuries require emergency care, call an ambulance for transport to a hospital. If not, visit an urgent care center or arrange to be seen by your regular doctor as soon as you leave the accident scene.  Some auto accident injuries – often serious ones – may not be apparent to you right away, especially when your body has been traumatized, so be sure you are examined by a medical care provider without delay.

Call the police and file an auto accident report. Filing a police report will document the facts of the accident and help determine who was at fault.

Gather information at the accident scene. If you are able, you should take photos of the damage to the vehicles and obtain the names, addresses and telephone numbers of any witnesses, police officers, and insurance company representatives.  Write down everything you can remember about how the injury occurred. 

Do not give statements to the insurance companies’ representatives about the car accident, without contacting a lawyer. The information you give the insurance companies can be detrimental to your case.

Anyone involved in a car accident is required by law to exchange contact and insurance information with the other driver.  You are also required to file accident report with the Department of Motor Vehicles if the damage to the vehicle you were driving exceeds $1500; the damage to any vehicle is over $1500 and any vehicle is towed from the scene; injury or death resulted from the accident; or damages to any property other than a vehicle is over $1500.  A police report does not satisfy or remove your requirement to file an accident report with the DMV.  You must do that yourself. 

Protect Your Car Accident Claims – Don’t Delay! 

Act quickly. Anyone who has been injured in an auto accident should get in touch with a reputable car accident lawyer without delay. Why? Because a skilled and experienced auto accident lawyer will:

• Conduct an immediate investigation to locate witnesses and preserve evidence relevant to the car accident before it is lost or altered;

• Help you get the medical care you need;

• Conduct all communication with the insurance companies;

• Assist you in dealing with insurance companies;

• Find all potential sources of compensation for your losses; and

• Protect your legal rights against filing deadlines.

As the victim of a car accident, you should not rely on any insurance company – even your own – to protect your interests. Every insurance company has adjusters, investigators, and attorneys assigned to auto accident claims. Their primary goal is to limit the amount of compensation the insurance company pays to auto accident victims like you. 

Insurance companies are not the friends of injured car accident claimants. Don’t make their job easier by providing them with information that they can use or manipulate to deny your car accident claim. Make sure you have the best car accident lawyer you can hire on your side to aggressively protect your interests.

How Do I Figure Out Who Is At Fault?

In most cases, in order to collect on an injury claim in Oregon, you must prove the person who caused the injury was "negligent" - which is a failure to use reasonable care. In Oregon, you must prove:

• The existence of a duty owed to you by the person who caused your injury;

• The other person failed to carry out that duty;

• You suffered damages; and

• The other person's failure caused you to have the injury.

If you were careless and your carelessness contributed to your injury, whether or not you may recover depends upon your percentage of fault under Oregon comparative negligence law.  Oregon follows a modified comparative fault rule, which provides that if you were 51% or more at fault, you cannot recover.  If you were 50% or less at fault, you may recover, though your recovery will be reduced by your degree of fault.

In Oregon, if more than one person is negligent toward you, each person who has been found negligent to you is responsible for a proportional amount of the total damages.

What is my case worth?

The value of each case depends upon the severity of the injury, the permanency of the injury, the prognosis, the type of medical treatment received, the necessity of future medical treatment needed, current and future medical bills, the extent of the emotional trauma, and the length of time needed to heal.  An experienced personal injury attorney should be able to give you an estimate of what your case is worth based on the above factors.

What compensation am I entitled to?

As a car accident victim or any other motor vehicle accident victim you are entitled to the following compensation that is applicable to you:

• Rental Reimbursement;

• Payment for your past, current and future medical expenses;

• Compensation for future medical care;

• Repair or replacement of your motor vehicle or any other property that was damaged;

• Medical treatment, whether you have insurance or not;

• Time lost from work, including time spent going to medical appointments or therapy; and

• Any change in your future earning ability due to the injury;

• Reimbursement for your out of pocket expenses incurred;

• Maximum monetary recovery for the pain and suffering of your physical injuries, and emotional distress.

A personal injury lawyer will know what type of expert witness to hire to best prove your damages.

What if I was injured in a single car accident?

Even if you were injured in a single car accident you are entitled to compensation for your injury from your insurance company.  An experienced Oregon auto accident attorney can help ensure that your insurance company fulfills their obligation under your policy. 

What if my insurance company tells me they will not continue to pay my bills?

Insurance adjusters are trained to buy personal injury victims off for as cheap as possible.  Only when you involve an experienced personal injury lawyer to represent your interests (protect your rights) do insurance adjusters take your claim seriously. 

Why do I even need to hire an attorney?

A qualified personal injury attorney is well worth his or her fee.  There are legal and factual limitations in every personal injury case that are a trap for the unwary.  For example: if a potential defendant in your case is public agency, you must file a tort claim notice within 180 days of the incident if there is an injury, within a year if there is a death.  Failure to file such a notice may result in a forfeiture of any claim against that agency.   

What do I do if my insurance company already offered me money if I sign one of their forms?

Do not sign anything until you talk to a qualified personal injury attorney.  Insurance companies will often attempt to approach an unsuspecting accident victim with a lowball offer to settle their claim.  The money may look good now, especially if your medical bills are already piling up, but you will be sorry if you sign anything without a free consultation with an experienced auto accident attorney. 

Won’t hiring an attorney delay my settlement?

In some cases, yes, but the benefit of consulting with an experienced personal injury attorney will be worth the delay.  In some cases, once an attorney is hired insurance adjusters recognize they cannot just approach an unsuspecting car accident victim with a lowball offer.  In other cases adjusters dig their heels in and refuse to bargain on equitable terms.  These are the cases were the help of an experienced attorney is essential. 

How long do I have to file my personal injury claim?

Generally, the statute of limitations for negligence in Oregon is two years.  Many lawsuits are settled prior to the filing of a lawsuit.  However, if you and your lawyer are unable to settle the case within the two year period a lawsuit must be filed or your rights will be forfeited.

Copyright 2009