How much does it cost to retain your services?
I handle all my personal injury cases on a contingency fee basis. You don't owe me anything unless I recover money for you. If I do recover money for you, I charge a percentage of the fee recovery amount.
Who pays my medical bills if I've been injured in a motor vehicle collision?
If you or any family members in your household have an auto insurance policy, you will probably be covered under Personal Injury Protection benefits. Your health insurance may also provide coverage.
Can I recover lost income if I'm unable to work due to my injuries?
Yes, after your case is resolved, you're entitled to recover for your lost wages if you can document them. If your injury is due to an automobile collision, your auto insurance company will reimburse you for a portion of your lost wages (if you have missed at least 14 consecutive days of work). If you do not have auto insurance, but someone in your household does, then their auto insurance policy may be responsible for your lost wages.
Can I recover if the liable party has no insurance?
Yes, you can recover if you have uninsured/under-insured motorist coverage. It's good to have at least $100,000 in uninsured/under-insured motorist coverage. Contact your agent if you are not sure what your policy covers.
How long does it take to resolve an auto collision case?
In Oregon, there is a two year statute of limitations to file a lawsuit. If the liable party is a governmental entity, then the injured party must file a tort claims notice within six months. Resolving a case properly depends upon the injuries suffered and the treatment course required. Once a case gets filed, it can take over a year for a trial date. That means it could take three years before a case is resolved. Most cases resolve within 18 months, depending on the injuries. Smaller claims can be resolved within a few days of acquiring all of the medical records. Remember, it is in the client's best interest to wait until they are medically stationary before resolving a claim.
What if I don't want to go to trial?
I will discuss with you the possibility of filing a lawsuit. I won't file without your consent.
Your leverage against an insurance company is your right to take your case to a jury. Sometimes it is necessary to exercise that leverage in order to get the insurance companies to take your claim seriously.
Why do I need an attorney who is just going to take a percentage of my case?
When you deal directly with an insurance company or any defendant, you are dealing with an adversary. They will do what they can to settle your case as quickly and cheaply as possible. By representing yourself, you are giving up your only leverage, your right to sue. Why would an insurance company fear being sued if you do not even have an attorney? They will not take your claim seriously unless you are represented.
How soon after I have been injured should I contact an attorney?
You should hire an attorney as soon as possible. An attorney can help with any investigation.
Should I take photographs?
An insurance company might send over an adjuster to take pictures that might not necessarily show the full extent of the damage to a vehicle.
I was just in a motor vehicle collision, what am I required to do legally?
In Oregon you must stay at the scene of the collision and exchange names, addresses and insurance information with the other party. If there is a severe injury, then you must provide reasonable aid to the injured persons until police and or emergency services arrive. You are required to file an accident report within 72 hours with the Department of Motor Vehicles even if the police made a report. If you are the victim of a hit-and-run or a party involved is uninsured, then you must file a police report within 72 hours.
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