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How Do I Recover Lost Wages After a Personal Injury?

How Do I Recover Lost Wages After a Personal Injury?

Written by George McCoy on . Posted in Uncategorized.

A sudden accident resulting in injury can disrupt your daily routine, your health, and your finances. Missing work because of your injury isn’t just about losing a paycheck. It can derail even the most carefully planned budget and add a significant amount of stress to an already uncertain and frustrating situation, especially when you should be focused on your recovery. Financial setbacks often build quickly, making your path forward seem even more challenging. Recovering lost wages with the help of an attorney can make a meaningful difference in restoring your financial stability.

Recovering lost income is not as simple as just telling the insurance company you missed work. You’ll need to provide detailed proof, showing both the nature of your injury and how it has directly affected your earnings. Insurance companies may require medical records linking your condition to the accident; employer statements verifying your pay, hours, and absences; and past tax documents to establish your typical income. Without strong documentation and a clear understanding of the process, you risk a reduced payout or, even worse, outright denial.

At Warren Allen LLP, you’ll find experienced attorneys who understand how much is at stake when your livelihood is affected. We are committed to helping you recover lost income so you can focus on healing.

What Counts as Lost Wages

In this context, lost wages are the earnings you would have received if the accident hadn’t happened, and cover more than just the days you were absent from work. Each loss leaves a gap in your financial security, and reclaiming that income requires persistence and organization, both of which might seem daunting in the aftermath of an injury. An attorney helps you think beyond your base pay to determine what your losses truly are, including overtime you might have earned, missed bonuses, or commissions or tips you would have received. Lost wages may also include the value of sick or vacation days you had to use during your recovery.

For example, a delivery driver recovering from a broken leg may lose weeks of pay, while a sales representative hospitalized at the end of a quarter could miss out on a hard-earned commission, and a server at a restaurant might lose hundreds in tips from just a few missed shifts. Although each circumstance is different, they all reflect real income that should be counted in a claim.

Lost wages differ from loss of earning capacity, which looks ahead, measuring how permanent limits can push you into lower-paying roles, fewer hours, or stalled advancement. Treating these as distinct categories ensures that both the immediate and the long-term losses are accounted for. Recovering lost wages with an attorney on your team helps ensure every form of missed income, large or small, is identified and included in your claim.

Gathering Documentation

Strong claims start with strong records. Your medical records are key in connecting the dots between your diagnosis, treatment plan, work restrictions, expected downtime, and follow-up needs. Employer statements help translate those limits into dollars by confirming your pay rate, typical hours, dates missed, and any benefits you were forced to use.

Pay stubs, tax returns, and bank statements all help paint the picture of what your usual earnings looked like before the injury, which is particularly important for those with variable income or commission-based work. At Warren Allen LLP, you will work with attorneys who will help you determine which records carry the most weight, fill in any gaps of information, and present your evidence in a way that strengthens your claim.

Calculating Lost Income

Calculating lost income depends on how you’re paid and the nature of your work. For salaried employees, the calculation often starts by breaking your annual salary into a daily rate and multiplying that by the days missed. Hourly workers use their hourly rate and scheduled hours, with overtime factored in when applicable.

If you are self-employed, the process may be more complex. Without set wages, claims rely on past earnings, invoices, contracts, and projected income from jobs you have had to decline. Lost opportunities, like missed bonuses, commissions, or seasonal work, should also be included. Things can get even more complicated if you return to work part-time, take a reduced schedule, or earn less through temporary remote work. In these cases, the difference between what you earned and what you would have earned must be carefully calculated.

Insurers may attempt to minimize payouts by questioning your injury’s severity, claiming your absence was unrelated to the accident, or searching for gaps in your documentation. Fast and accurate submissions limit opportunities for them to challenge your claim. When speaking with adjusters, keep your answers as factual and concise as possible, avoid unnecessary details that could be used against you in the future, and be sure to maintain records of all conversations and correspondence.

Long-Term Loss and Future Earning Capacity

Some injuries create lasting limitations that affect your ability to work well into the future. Loss of earning capacity measures the difference between what you could have earned before the injury and what you’re likely to earn now. This requires looking at your career path, potential raises, and advancement opportunities you can no longer pursue.

Proving this kind of loss often involves vocational experts, economists, and medical specialists. They evaluate your abilities, the job market, and long-term projections, then translate those findings into a financial figure that accounts for raises, benefits, and inflation.

Protecting Your Financial Recovery

Prioritize your health by seeking immediate medical care and by following your doctor’s recommendations. Inform your employer about your injury and inability to work as soon as possible, and keep detailed records of your recovery, missed work, and any opportunities you had to decline. While you can gather information yourself, a seasoned personal injury attorney provides strategy, assistance, and support. If you’re ready to pursue your lost wages claim, the skilled attorneys at Warren Allen LLP offer representation that will help you secure the compensation you deserve. Acting promptly gives you the best chance to protect your financial recovery and move forward with confidence.

What Is a Medical Malpractice Lawyer?

What Is a Medical Malpractice Lawyer?

Written by George McCoy on . Posted in Medical Malpractice.

You’ve been harmed by a physician’s error, and now you’re wondering, What is a medical malpractice lawyer, and could they help you receive compensation?

Medical malpractice law is designed to hold healthcare professionals responsible when negligence or misconduct causes harm to a patient. These situations go beyond routine complications or unfortunate results, involving serious errors where a provider has failed to meet accepted standards of care.

The circumstances involved carry enormous weight. A misread chart, a missed symptom, or a surgical misstep can result in lifelong disability or even the death of a patient. The consequences ripple outward, affecting not just the patient but their loved ones as well, and the price can be emotional, physical, or financial.

Medical malpractice cases require the diligence and attention of an experienced lawyer who specializes in the field of medical malpractice. To determine if contacting a medical malpractice lawyer can help in your situation, you’ll need to understand what they do and what types of cases they handle. Here’s what you need to know:

What Is a Medical Malpractice Lawyer?

Medical malpractice lawyers advocate for people whose lives have been changed by medical misconduct or negligence. Because they involve medicine, human well-being, and the legal system, medical malpractice cases tend to be uniquely complex, emotionally intense, and often hard to prove.

That’s why medical malpractice lawyers must be experienced, thorough, and informed. They dig into medical records, consult with specialists, reconstruct events, and assemble a legal argument that clearly explains how the duty of care has been breached and how harm resulted from that breach.

Medical treatment carries inherent risks, and not every poor result stems from misconduct or negligence. Unfortunately, not every treatment works, which is why these types of cases demand careful, honest investigation. So, medical malpractice lawyers are also often charged with the task of reviewing medical actions in light of professional standards. They listen, evaluate, and determine whether an actionable error occurred and whether compensation is due, and then advise their clients accordingly.

Beyond research and analysis, a medical malpractice lawyer must also manage communication with insurers, hospitals, and opposing attorneys. Every step, from negotiating a settlement to preparing for trial, requires clear documentation and persuasive evidence.

Medical malpractice lawyers act as investigators, advisors, and translators, turning medical data into persuasive legal arguments. They work to prove that an error occurred, that it led to measurable harm, and that it could have been prevented with appropriate care. It takes years of legal experience and medical knowledge, including familiarity with the terminology, diagnostic tools, and treatment methods. Understanding how the body works becomes just as necessary as knowing how a courtroom operates.

Their legal actions can also help drive policy changes, improve medical training, or encourage hospitals to adopt better safety protocols so future patients are less likely to experience the same situations.

Types of Medical Malpractice Cases

Since medical mistakes don’t just take place in hospitals or only involve physicians, medical malpractice lawyers take on a wide range of cases. Malpractice can happen in outpatient clinics, doctors’ offices, surgical centers, and nursing homes, among other situations, and it can involve doctors, surgeons, nurses, technicians, physical therapists, and even the facility itself.

Every case is different, but they all require proving that a healthcare provider made a serious mistake that directly caused harm. The medical facts and legal rules must be examined side by side, including identifying duty of care, whether there was a breach, causation, and damages, and being aware of legal deadlines like the statute of limitations.

Some of the most common types of cases include:

Surgical Malpractice

Surgical malpractice is one of the most recognized categories. It may involve cutting in the wrong location, leaving tools in the body, or unintentionally damaging nearby organs. These types of errors often lead to additional surgeries and months or even years of recovery. Building a case means calling on expert witnesses, dissecting every part of the surgical record, and showing where the accepted standard of care was lacking.

Misdiagnoses

Missed, wrong, or delayed diagnoses are also a major part of malpractice law. Patients with treatable conditions like cancer, stroke, or infections may go too long without proper intervention, leading to irreversible damage. In these cases, the lawyer’s job is to prove that the mistake wasn’t a mere oversight but instead a breach of duty of care that worsened the outcome.

Birth Injuries

Birth injuries can result from avoidable mistakes during labor and delivery. Conditions like cerebral palsy or nerve damage may come from delayed decisions, misuse of tools, or ignoring signs of fetal distress. In such cases, the law requires proof that the injury could have been prevented with different actions. The long-term impact on the child and family is also taken into account when seeking damages.

Medication Mistakes

Medication errors come in many forms, from incorrect dosages to allergic reactions to improper drug combinations. In these cases, the liability may lie with any number of individuals, including doctors, pharmacists, or nurses. Proving a connection between the prescription mistake and the resulting harm often involves a thorough review and expert analysis.

Informed Consent

There are also informed consent cases. These can occur when a patient doesn’t receive all necessary information before undergoing a treatment or procedure. If a complication arises and the patient was never told it was possible, the legal claim may be based not on what happened physically, but on what was never explained.

Clients Support

A medical malpractice lawyer’s work is shaped just as much by those they represent as by the cases they handle. The individuals involved are often still dealing with health crises and seek not only financial support but real answers about how things went so wrong. For them, it isn’t just about a medical error; there are also emotional and financial costs from the mistake that was made.

Victims of medical malpractice can experience confusion and grief, the burden of missed work and ongoing therapies, and the realization of a possible future that no longer looks the same. Simple routines become exhausting, relationships stretch thin, and financial pressures start to compound. Even after physical wounds begin to heal, emotional ones often remain.

Medical malpractice lawyers advocate for their clients, providing expertise, dedication, and support to ensure due compensation is received. If you’ve experienced medical malpractice, the attorneys at Warren Allen LLP are ready to assess your case and help you receive justice so you can focus on healing.

How Oregon Automobile Insurance Covers You After an Accident

How Oregon Automobile Insurance Covers You After an Accident

Written by George McCoy on . Posted in Auto Insurance.

If you’ve recently been in a car accident, you may have a lot of questions about what happens next. How much does Oregon automobile insurance cover for vehicle repairs? How is liability determined? What role do you play, and what role does your automobile insurance company play? If you sustained personal injury on top of vehicle damage, you may have even more questions. Will your insurance cover your medical bills? Do you need to consider legal assistance to ensure proper compensation?

If you’ve been asking any of these questions, keep reading to learn how accident claims are handled in Oregon and what you can expect your Oregon automobile insurance to cover. Understanding these details can empower you during a difficult time so you know the steps to take to receive fair compensation. Insurance companies don’t always represent your best interests; the more you know, the better equipped you are to receive fair compensation.

Auto Insurance Claims Process

If you have been in an accident, Oregon law requires prompt notification to your insurance company. Make sure to complete these tasks:

  • Seek medical attention. Keep copies of receipts and medical documents.
  • Gather evidence. Take photos of the accident scene, vehicle damage, and personal injuries, and make sure to collect contact information for any witnesses.
  • Notify your insurer. The insurance company will assign an adjuster to investigate the accident and determine fault.
  • File a claim. If you filed a police report or sought treatment for injuries, you will need to include copies of the police report and medical records.

Oregon Automobile Insurance Requirements

Oregon automobile insurance provides coverage after an accident through its required personal injury protection (PIP) and liability coverage. Regardless of fault, PIP can cover injury-related costs such as medical bills, lost wages, and essential services. Since Oregon is an at-fault state, the driver who is responsible for the accident is liable for these damages. If you are at fault, your liability coverage pays for the other driver’s medical bills, property damage, and other accident-related expenses.

To further understand the roles of PIP and liability coverage, follow this breakdown:

Personal Injury Protection

In the state of Oregon, PIP is mandatory for all auto insurance policies. It provides no-fault coverage for injury-related expenses after an accident, which means you and your passenger can receive medical care before fault is determined. Keep in mind, however, there is a time limit, and the coverage is not unlimited. You can receive up to $15,000 per person—unless a higher limit has been selected—within two years of the accident.

Regardless of who caused the accident, your PIP can cover medical expenses, lost wages, funeral expenses, and essential household services.

Specifically, PIP covers:

  • Medical expenses: Medical expenses resulting from your accident are covered by PIP as long as they are “reasonable and necessary.” These often include, but are not limited to, doctors’ appointments, hospital stays, prescription medications, and surgery.
  • Lost wages: If you are unable to work 14 consecutive days, you can be reimbursed for 70 percent of your lost income, up to $30,000 per month and for 52 weeks.
  • Funeral expenses: PIP helps cover funeral expenses in the event of a death due to the accident.
  • Essential services: PIP can cover essential services such as household and yard work, as well as childcare costs. If you are unable to perform essential tasks due to your injury, you can receive up to $30 a day to hire someone to help with these essential tasks.

What Does PIP Not Cover?

Though PIP is designed to help the driver and passengers receive medical care and recover lost wages, it is not comprehensive.

Here are the key accident-related costs PIP cannot cover:

  • Vehicle damage: If your vehicle needs repairs, this is not covered through your PIP. To receive compensation for vehicle repairs, you will need to have collision coverage (regardless of who was at fault). If the other driver is at fault, their property damage liability coverage can cover your vehicle repairs.
  • Pain and suffering: Accidents can lead to chronic physical pain as well as emotional and mental distress. If you believe you are entitled to compensation for pain and suffering, you will have to file a personal injury claim against the other driver and may need to seek legal assistance to represent your interests.
  • Injury to others: If someone is injured in another vehicle, PIP may not extend to their injuries.
  • Criminal Acts: If you were engaged in illegal activities that led to the accident, such as driving under the influence of drugs or alcohol, PIP may not cover damages.

Liability Coverage

Liability coverage is also mandatory for all Oregon automobile insurance policies and is classified into two categories: bodily injury (BI) and property damage (PD). If you are responsible for the accident and found to be at-fault, your liability coverage pays for the other party’s damages, including costs resulting from injury, death, or property damage. This can include medical bills, vehicle repairs, lost wages, as well as compensation for pain and suffering. Keep in mind, liability insurance will not cover damage to your own vehicle.

What if someone else was driving your vehicle with your permission? Your liability coverage typically covers an accident they cause. However, liability limits in Oregon are considered low:

  • $25,000 per person
  • $50,000 per crash for bodily injury to others
  • $20,000 per crash for damage to others’ property

So you may want to opt for a higher limit.

Uninsured Motorist Coverage

What if you are hit by a driver without auto insurance? Don’t worry, uninsured motorist coverage (UM) protects you so you and your passengers can still receive medical care and compensation for injury-related costs. If the driver is uninsured or underinsured (doesn’t have enough insurance to cover your injuries), UM coverage can cover damages up to the limit of your auto insurance policy.

Note that UM applies to bodily injury and does not cover damage to your vehicle. To receive compensation for vehicle repairs, you will need to have obtained collision coverage or uninsured motorist property damage before the time of your accident.

What If My Insurance Isn’t Enough?

Insurance companies often attempt to minimize the amount of money you receive, as they represent their own interests and not the interests of the injured party. If you believe you are entitled to more compensation, and your insurance is insufficient to cover the extent of your injuries and injury-related expenses, legal assistance may be necessary. A personal injury attorney works to help you receive fair compensation and the best resolution possible. If you are looking for legal representation in Oregon or Washington, or simply need advice, contact our expert team at Warren Allen LLP. We provide solid legal advice, exceptional service, and can help you understand what your best options are.

What Do General Damages Mean in Insurance?

What Do General Damages Mean in Insurance?

Written by George McCoy on . Posted in Car Accident, General Law, Personal Injury.

If you’ve been hurt in an accident, you’ve likely encountered a number of unfamiliar terms in the process of filing a claim. One phrase that might be unclear is “general damages.” This insurance term refers to damages related to the emotional, mental, and physical hardships you’ve experienced, like pain, anxiety, or loss of enjoyment of life. These non-economic damages don’t show up on your hospital bill, but they’re often what affect you the most after an accident.

While your medical bills and lost wages fall under economic damages, general damages in insurance are the invisible ways your life has changed. Maybe you can’t sleep without discomfort, or maybe you’re dealing with a level of stress that wasn’t part of your life before the injury. Insurance companies are supposed to compensate you for those changes, but it often requires much more than just explanation and proof to get a fair settlement.

When you have a better understanding of how insurance handles general damages, it becomes easier for you to make informed decisions about your claim. This article will walk you through common types of general damages and how their impact is calculated and proven in an insurance claim.

Types of Losses Covered by General Damages

A personal injury can result in more than medical bills or missed income. When your daily routines change due to lingering pain or when your confidence is lost because of anxiety or emotional trauma, in the world of insurance, those changes fall under the category of general damages. These are not just incidental effects; they reflect meaningful disruptions to your quality of life.

Compensation for general damages covers losses tied to physical pain, mental suffering, and reduced enjoyment of life. This can also involve the emotional strain caused by limited mobility, difficulty sleeping, or strained relationships. Even when recovery is expected, a temporary inability to live normally can lead to compensation under this category.

Since every person’s experience is different, general damages are inherently subjective. They reflect how the aftermath of an injury impacts the personal aspects of daily living, even in the absence of receipts or invoices. A long recovery period, persistent discomfort, or changes in behavior, for instance, can all be considered general damages in an insurance claim.

When properly documented and communicated, these elements form a compelling basis for determining appropriate compensation and helping the injured person bridge the gap between medical treatment and emotional recovery.

How Non-Economic Losses Are Calculated

Unlike medical expenses or repair estimates, non-economic damages don’t come with specific costs, so assigning a monetary value to your pain or psychological suffering requires a different kind of evaluation. In most cases, calculation methods are designed to approximate what these experiences are worth to you.

One approach is the multiplier method, where the total amount of economic damages is multiplied by a number reflecting the severity and longevity of the injury’s impact on you. Another is the per diem method, which assigns a daily rate for your suffering that is then multiplied by the number of days the effects persist. Each method attempts the difficult task of translating your intangible suffering into financial terms.

The actual number used in these formulas can vary widely depending on your medical diagnoses, length of recovery, limitations on your daily life, and psychological effects such as anxiety or depression. What may seem like a minor injury on paper can be much more significant when chronic discomfort or emotional disruption is taken into account.

Because these calculations aren’t exact, insurance companies often start with low offers. Keeping comprehensive documentation is necessary for conveying the full value of your general damages in your insurance claim. When reinforced by legal support familiar with local insurance tactics, claims tend to result in more appropriate compensation.

Supporting Evidence

General damages are based on how an injury affects your life in real terms, and insurers rely heavily on supporting materials to justify financial compensation to you. Your medical records are one of the most effective tools for showing the effects of pain and emotional hardship. If your treatment continues beyond initial care, such as through physical therapy or counseling, it becomes clear that the injury has ongoing consequences for you.

Psychiatric evaluations or notes from specialists can also demonstrate the extent of your emotional distress, and personal records, like journals or pain logs, help provide even further insight into your experience. These entries offer a timeline of your symptoms, struggles, and setbacks. Even though they’re informal, they reveal a day-to-day account of how your life has changed, helping to support your case beyond standard paperwork.

Statements from friends, family, or coworkers who have noticed shifts in your behavior or witnessed your emotional challenges can also help support your claim. These different perspectives can show that your suffering isn’t isolated or exaggerated; it’s noticeable to others, and it’s consistent over time.

Lasting Impact of Non-Economic Losses

Long after a cast is removed or a scar begins to fade, the effects of an injury often remain. When trauma lingers as anxiety, isolation, or chronic discomfort, those experiences need to be acknowledged. The purpose of general damages in an insurance claim is not to put a price on your pain but to ensure that your suffering is recognized in legal and financial terms.

The decisions you make early in the claims process can shape the outcome for years to come. Take the time to reflect on how an injury has impacted your work, relationships, hobbies, and mental health. When a claim is rushed or undervalued, it can leave you without the support you need to complete your recovery. The attorneys at Warren Allen LLP will help you move forward with clarity and fairness, advocating on your behalf and with your best interests in mind. Remember, your emotional well-being and your ability to return to a fulfilling life are just as important as paying any medical debts.

Tips for Filing a Personal Injury Claim with a Portland Lawyer

Tips for Filing a Personal Injury Claim with a Portland Lawyer

Written by George McCoy on . Posted in Personal Injury.

You never expect an accident to change your life, but when it does, the impact can be immediate and overwhelming. Whether you’re dealing with the aftermath of a car crash, a slip-and-fall accident, a bicycle collision, or another type of injury, the days that follow can often be filled with uncertainty. You may be in pain, unable to work, or unsure how you’ll pay your mounting medical bills. To make matters worse, you may now be faced with a legal process that feels unfamiliar and intimidating.

The good news is that you’re not alone. With the right information and the right legal guidance from a Portland lawyer, you can file a successful personal injury claim. The expert tips below will help you to file your claim with confidence, clarity, and peace of mind.

Seek Immediate Medical Attention

Even if you feel relatively okay or think your injuries are minor, seek a medical evaluation right away. Some injuries, including whiplash, internal bleeding, or concussions, may not show symptoms immediately, but if left untreated, these can worsen and complicate both your recovery and your legal claim.

Prompt medical care does more than protect your health; it also strengthens and provides evidence for your personal injury case, as doctors’ notes, diagnostic tests, and treatment records help create a clear link between the accident and your injuries. If you delay getting care, insurance companies may argue that your injuries were unrelated or exaggerated and could possibly reduce the amount of compensation you’re eligible to receive.

After seeing a medical professional, be sure to follow all recommended treatment plans. Attend follow-up appointments, take any prescribed medications as directed, and avoid activities that could aggravate your condition. Keep detailed records of everything, including medical visits, prescriptions taken, any time you missed work, and monetary costs, as these documents are crucial to demonstrating the impact the injury has had on your life. Don’t make the mistake of waiting it out. In a personal injury case, timely medical care is both a necessity and a strategic advantage.

Document Everything

When it comes to personal injury claims, evidence is everything. From the moment the accident occurs, start documenting every detail you can. If you’re physically able, take photos and videos at the scene. Capture damage to vehicles, road conditions, road signs, lighting, visible injuries, and any dangers that may have contributed to the accident, such as a downed tree or debris in the road. If witnesses are present, ask for their names and contact information. Witness testimony can be powerful evidence later. The sooner you begin gathering information, the more reliable and complete your case will be.

Properly collecting and organizing your evidence is one of the best ways to strengthen your claim. With guidance from a Portland lawyer, you can make sure your case is supported by facts and presented appropriately.

Statute of Limitations

In Oregon, the clock starts ticking as soon as you’re injured. For most personal injury claims, you have two years from the date of the accident to file a lawsuit. If you miss this deadline, your right to recover damages is usually lost, regardless of how strong your case is, but there are always exceptions and nuances.

If your claim involves a public agency like TriMet, the City of Portland, or a state-owned property, you must file a notice of claim within 180 days of the incident. Failing to meet this requirement can stop your case before it even begins.

Deadlines will also impact your ability to gather quality evidence, and the longer you wait, the harder it becomes to locate witnesses, recover video footage, or find relevant documentation. Physical evidence may be altered or disappear entirely, and memories fade quickly, sometimes within just a few weeks.

Taking early action not only preserves your right to file a claim, but it also puts you in a better position during negotiations. Plus, insurance companies take your case more seriously when it’s clear you’re informed, organized, and acting within your legal rights.

If you’re unsure whether you’re within the allowable window, don’t take any chances. Contact a personal injury lawyer as soon as possible to clarify your options and take timely steps. A proactive approach is your best defense against losing your claim to a missed deadline.

Insurance Companies

After an accident, you’ll likely hear from an insurance adjuster within a few days. Keep in mind that their interests may not align with yours. While they may sound helpful and sympathetic, typically, their main goal is to minimize how much the company has to pay out.

You may be asked to give a recorded statement or sign a release form, but resist the urge to comply before consulting with an attorney. Even seemingly harmless comments, like saying, “I feel better today,” can be twisted to undermine your claim, so it’s best to say as little as possible and let your lawyer do the talking.

Insurance companies also tend to offer quick, lowball settlements in the hope that you’ll take the money and waive your right to future compensation. These early offers may not cover the full extent of your damages, especially if you later require surgery, physical therapy, or ongoing treatment. Be polite but firm, and let the insurer know that you’re reviewing your options.

Work with a Portland Lawyer

Filing a personal injury claim through a Portland lawyer comes with unique advantages. A local attorney brings more than legal credentials. They also bring insight into how Portland’s courts operate, how local juries tend to respond, and how regional factors can influence your case.

Oregon’s personal injury laws, including its comparative negligence rule and limits on certain types of damages, require a clear strategy. A Portland lawyer will know how to interpret these laws correctly and anticipate any local legal hurdles. Every injury claim is different, but with the right Portland lawyer and legal team, you can face the process with confidence. If you’ve been injured in Portland, Warren Allen LLP is here to support you every step of the way, with honesty, experience, and an unwavering commitment to your best interests.

What Are Special Damages in a Personal Injury Case?

What Are Special Damages in a Personal Injury Case?

Written by George McCoy on . Posted in Personal Injury.

Injuries caused by the negligence of someone else can be physically, emotionally, and financially draining, and many victims seek compensatory damages for their losses through personal injury claims. This compensation often includes both general and special damages. General damages are related to non-economic compensation, such as emotional distress, while special damages refer to economic compensation. It is the latter that we will focus on in this article.

What specifically are special damages in a personal injury case? If you’re seeking compensation for a personal injury, you’ll need to understand what constitutes special damages in your claim. The experienced personal injury attorneys at Warren Allen LLP have been providing expert advice and representation since 1971. We’ll walk you through what you need to know about special damages and how they apply to your case.

What Are Special Damages in a Personal Injury Case?

Special damages compensate victims for the tangible, out-of-pocket expenses incurred due to someone else’s negligence or wrongdoing. They are quantifiable and directly related to the financial losses incurred as a result of an injury or accident. Typically, they include medical expenses, lost wages, and/or property damage, depending on the nature of the case.

Medical Expenses

Medical expenses are typically a significant component of special damages in a personal injury case, and they can have a substantial impact on the overall value of a personal injury claim. Medical expenses include the costs associated with treating and managing injuries sustained as a result of an accident or incident, including the costs of short- and long-term treatment, medication, and rehabilitation. They can vary widely depending on the nature and severity of the injuries.

Calculating medical expenses involves tallying the costs of all medical-related services and products, including hospital stays, doctor’s visits, copays, medical equipment, surgical procedures, prescription medication, and physical therapy. Thorough documentation is key, and medical records, bills, and receipts all serve as evidence of the expenses incurred.

If an individual is hospitalized for several days due to injuries sustained in an accident, for instance, the hospital bill would include nursing care, treatments, tests, and any other services completed while under their care. Additionally, the individual may incur costs for medical equipment, such as a wheelchair or crutches, and may need to pay for home care or rehabilitation services. Overall, medical records might show a series of doctor’s visits, physical therapy sessions, hospital stays, medication, and so on, with corresponding bills and receipts to support the claim.

Lost Wages

Lost wages are one aspect of a personal injury case that can have a huge impact on someone’s financial well-being. This is the income an individual is unable to earn due to the injuries sustained in an accident. It can include past lost income as well as future lost income if the individual is unable to return to work or is forced to take a lower-paying job due to their injuries.

Determining the amount of income an individual would have earned if they had not been injured can be a challenge, but documentation of past salary, benefits, and bonuses can help demonstrate the plaintiff’s earning potential based on their employment history. If a plaintiff is a salesperson who earns a commission-based income, their lost wages might include the commissions they would have earned if they had been able to work.

Evidence to support lost wages could include pay stubs, W-2 forms, tax returns, and expert testimony from an economist or vocational rehabilitation specialist to establish the extent of their lost earning potential.

Property Damage

When pursuing a personal injury claim, special damages can also include the costs related to destruction or damage to an individual’s property as a result of an accident or incident. This is referred to as property damage.

Property damage could include damage to vehicles, personal property, cost of repairs, replacement parts, or the fair market value of the property if it is deemed a total loss. For example, if an individual’s vehicle is damaged in a car accident, the cost of repairs would include the cost of replacing any damaged parts, such as a bumper or fender, as well as labor costs.

Similarly, if an individual’s personal property, such as a phone or laptop, was also damaged or destroyed in the accident, they may be able to claim the cost of repairing or replacing the item. Documentation such as photographs, repair estimates, receipts, and appraisals can all be helpful evidence for the plaintiff.

Seeking Special Damages in a Personal Injury Case

Answering the question, “What are special damages in a personal injury case?” is just the start of preparing for your claim. When you’re seeking fair compensation for your losses, you need to accurately calculate and present special damages.

The importance of keeping documentation cannot be overstated. Receipts, invoices, and medical records can all serve as evidence of the financial losses incurred, and in conjunction with expert testimony, they can help establish the extent of your losses and provide a clear understanding of the financial impact of your injuries.

That can be a lot to take on, and personal injury law can be complex, but an experienced personal injury attorney can help you. We work closely with clients to determine rightful compensation and ensure all necessary evidence and documentation are gathered and presented clearly. Working with an experienced attorney also allows victims to feel confident that their special damages claims are being handled with care. You receive the support and guidance you need so you can focus on recovery. If you or someone you know has suffered a personal injury, you should immediately take steps to gather and preserve evidence of losses. Contact the experienced attorneys at Warren Allen LLP to discuss your personal injury case and to learn how we can help you seek compensation.

Top Causes of Traffic Accidents in Portland Oregon

Top Causes of Traffic Accidents in Portland Oregon

Written by George McCoy on . Posted in Car Accident.

Traffic accidents are an unfortunate reality of life and almost always completely unexpected, but that doesn’t mean you can’t lower your risk of being involved in an accident. It can be helpful to be aware of some of the most common factors that contribute to traffic accidents in Portland, Oregon, and the greater Portland area, so you can stay vigilant and try to avoid or stay safe in these situations.

Distracted Driving

We’ve all seen other drivers swerving in and out of lanes while looking down at their phones. Distracted driving can come in many forms, though. Anything that takes our attention away from driving—using the phone, texting, eating, adjusting the radio, feeling drowsy, and even talking to passengers in the car—can lead to collisions.

Although Oregon does have a law in place that makes it illegal to drive while holding and using a mobile electronic device (including GPS, laptop, cellphone, or tablet), violations are common, and the law does not cover other distractions. Being aware of your surroundings, pedestrians, other drivers, and cyclists, and focusing on driving are vital to ensuring you can react appropriately and keep yourself and others safe.

Speeding

Unfortunately, high speeds generally increase the severity of a crash. As a result, wide, multi-lane roads where drivers can go faster tend to experience more severe accidents, with more serious injuries and fatalities. According to the Oregon Department of Transportation, speed played at least a partial role in 42 percent of deadly crashes between 2017 and 2021, although this number could be underreported since it is sometimes difficult to know the speed of a vehicle at the time of an accident.

Accidents due to speeding don’t just affect vehicles, either. A pedestrian struck at 40 miles per hour is 8 times more likely to die than if they had been hit at 20 miles per hour.

Speeding isn’t always just about driving over the speed limit. Drivers also need to factor in road and weather conditions when adjusting their speeds.

Impaired Driving

Driving while under the influence of alcohol or drugs presents significant dangers. Alcohol and drugs, even prescription drugs in some cases, can negatively affect motor skills, cognitive function, reaction time, and coordination. All of these can impair drivers’ ability to steer, brake, make good judgments, and respond to unexpected hazards or the actions of other drivers. Impaired driving dramatically increases the risk of traffic accidents, injuries and fatalities, potential legal penalties, and even lifelong consequences for victims and their families.

Increased Traffic and Aggressive Driving

With the popularity of SUVs, trucks, vans, and other large vehicles, roadways have become increasingly crowded, and crashes have become more serious, partly due to the extra weight and height of the larger vehicles. This can be especially devastating if pedestrians are involved.

In addition to the size of vehicles increasing traffic congestion, driver behavior is also a contributing factor to many collisions and traffic accidents. Aggressive driving, such as tailgating (following the vehicle in front of you too closely), weaving in and out of traffic, speeding, and ignoring traffic signs and signals, can be dangerous for everyone, including the aggressive driver.

Weather and Road Conditions

Although the situations listed above are common everywhere, weather and road conditions are of particular concern in traffic accidents in Portland, Oregon, since, in the fall and winter, the city experiences increased rainfall. Wet roads become slick, reducing friction and increasing the chances of hydroplaning, which lends itself to many rear-end collisions. Overcast skies and foggy weather can also reduce visibility, making it difficult for drivers to gauge the speed and distance needed to avoid other vehicles.

Icy roads can also be a concern. Because the Portland area has a fairly moderate climate, major snow and ice storms are not a regular occurrence, and it isn’t as well equipped as snowier areas with de-icers and snow plows to prepare roadways and ensure safe road conditions. In addition to icy roads, drivers without previous experience driving on wintery roads might also be unaware that they should drive slower and brake sooner when the roads are slippery. This combination of unfavorable road conditions and inexperience can lead to spinouts and collisions.

Poor Visibility and Nighttime Driving

As mentioned above, overcast skies and fog can result in poor visibility, but certain times of day and evening—dusk, dawn, late night, early morning—can also create dark or low-light conditions that make it difficult for drivers to see well. These times of day and night can be especially treacherous for pedestrians and bicyclists since drivers might be less likely to see them, especially if they are wearing dark clothing.

Keeping Yourself and Others Safe

Of course, it’s impossible to control the actions of those around you, but there are steps you can take to try to keep yourself and others as safe as possible when driving in Portland.

  • Always drive sober.
  • Eliminate distractions—don’t text, use the phone, or eat while driving.
  • Increase the distance between you and the vehicle in front of you, especially in bad weather or at night.
  • Follow the speed limit, but slow down if the weather or road conditions are not ideal.
  • Use headlights at dusk, dawn, and nighttime
  • Yield to pedestrians, even at unmarked crosswalks

Pedestrians and cyclists can do their part to reduce the risk of traffic accidents as well. Always wear reflective or light clothing, especially if you are on the road when there is low visibility.

Help for Those Injured in Traffic Accidents in Portland, Oregon

Traffic accidents can happen to anyone, even if you are a safe and conscientious driver. For those who have been injured or suffered damages as a result of traffic accidents in Portland, Oregon, we’re here to help.The personal injury lawyers at Warren Allen LLP have years of experience in representing clients seeking financial compensation to help cover medical costs, repairs, lost wages, pain and suffering, and other damages. It’s easy to set up your free consultation. Just contact us today.

Questions to Ask Medical Malpractice Lawyers at the First Meeting

Questions to Ask Medical Malpractice Lawyers at the First Meeting

Written by George McCoy on . Posted in Medical Malpractice.

We’ve all experienced the relief of being treated by a competent and caring healthcare professional when we were sick or injured, but what happens when they’re not so competent? When a healthcare professional fails to meet the standard level of care, such as by misdiagnosing a condition or committing an error during surgery or when prescribing medication, it can result in significant harm to the patient. Known as medical malpractice, this unfortunate situation falls under the umbrella of personal injury law.

In some cases of medical malpractice, you might be eligible to receive financial compensation to help in your recovery. Because medical malpractice cases can be complex, it’s a good idea to work with a personal injury lawyer who specializes in these types of cases.

There are a number of medical malpractice lawyers in Oregon, so how do you know which one is right for your case? Our team of attorneys at Warren Allen LLP has put together a helpful list of questions to ask during your consultation to help you determine who can best represent you in your medical malpractice claim.

What to Bring to Your First Meeting

It’s always a good idea to be as organized as possible so your medical malpractice lawyer can effectively understand and assess the strength of your case. Before you set up a consultation, gather all the evidence you can access. This might include:

  • Medical records
  • The names of the healthcare providers involved
  • The facility where you received care
  • A list of potential witnesses who might be able to provide additional and relevant information
  • Documentation that might support your claim, such as pictures, bills, notes, prescriptions, emails, and so on

To the best of your ability, try to write out a timeline of events. Be as specific as possible about dates, symptoms, treatment, medications, and complications.

Assess Their Experience with Medical Malpractice Cases

Before you meet with a medical malpractice attorney, it can be helpful to do some basic online research. For instance, make sure they are licensed in the state where the incident took place. Check for any online reviews on platforms like Google or Avvo, which is specific to legal information and reviews. Look for board certifications and any honors or affiliations that might indicate a specific expertise. For example, the Brain Injury Association of America maintains a list of attorneys who specialize in traumatic brain injury cases.

During your consultation, ask specific questions about their experience. How long have they practiced medical malpractice law? Have they ever handled cases with injuries or circumstances similar to your case?

Although not all cases go to court, ask whether they have any trial experience and what percentage of their caseload is dedicated to medical malpractice claims. A reputable medical malpractice attorney should also be able to provide references or testimonials from former clients.

Ask About Their Case Strategy

Once you have presented them with the evidence you have put together, you’ll want an honest assessment of your case. First, ask whether they believe you have a valid medical malpractice claim. Why or why not?

If they do think you have a case, ask how they would approach it. Are there weaknesses or challenges that might come up? What additional evidence is needed? Are there experts who could be consulted? Is there a statute of limitations for filing your particular type of claim?

In general, you want a medical malpractice attorney who takes a structured, professional approach to investigation. They should also be willing to explain legal or medical concepts to you in a way you can understand. Although it might be difficult to hear, you do want them to be transparent about obstacles or challenges you might face, especially when it comes to how the defendant might respond or try to discredit your claim.

Clarify Expected Outcomes and Timelines

One of the benefits of working with an experienced medical malpractice attorney is that they should be able to give you a good idea of expected outcomes and timelines, based on similar cases.

Ask important questions such as:

  • Will you be handling my case personally, or will I be working with another attorney or paralegal?
  • What kind of compensation might be reasonable in my case?
  • Do you anticipate a settlement is likely, or do you expect to go to trial?
  • How long does it normally take to resolve these types of cases?
  • What are the steps involved in this legal process?

A trustworthy medical malpractice attorney should never guarantee you a specific outcome or amount of damages, but they should be able to explain what types of damages are realistic, including medical costs, loss of income, pain and suffering, loss of enjoyment of life, or expenses of long-term care. They should also be able to provide a basic timeline that takes into account delays you might expect.

Discuss Fees and Costs

Many personal injury lawyers in Oregon work on a contingency fee basis, which means you only have to pay them if you win your claim. Ask to see a written contingency fee agreement as well as an explanation of how litigation costs like filing fees, paying experts, and depositions are handled. Are there up-front costs or fees you will need to pay? What will you owe, if anything, if you lose the case?

Evaluate Their Communication Style and Accessibility

Above all, you need to feel respected and listened to and know that your attorney is accessible and responsive. Are they willing to answer your questions? How quickly do they respond to emails and phone calls? Do they have team members who can help you when they are unavailable?

Clear communication is vital. Establish the following up front:

  • Who will be my point of contact during the case?
  • How often do you plan to provide updates?
  • Am I able to contact you directly?

It’s important to know that your medical malpractice attorney is professional, competent, and available to you throughout the entire legal process.

Experienced Medical Malpractice Lawyers in Oregon

If you have suffered from medical malpractice, you need a team behind you, working toward making things right. Warren Allen LLP has a team of experienced and compassionate medical malpractice lawyers in Oregon who can provide solid legal advice and exceptional service. Contact us today to schedule a consultation to see how we can help.

What To Do When Your Dog Bites You

What To Do When Your Dog Bites You

Written by George McCoy on . Posted in General Law, Personal Injury.

Dog bites are unfortunately very common in the US, but what happens if it’s your dog that does the biting? Would you know what to do when your dog bites you or someone else? When faced with this situation, many pet owners are left feeling shocked, confused, and obviously concerned. Dog bites can be completely unexpected and may come from normally loving and attentive pets. When it’s your own dog that bites you, the situation can be particularly complex and emotionally charged.

Unlike bites from unknown dogs, bites from your own pet can raise questions about your relationship with your dog, your ability to care for them, and the potential consequences of their behavior. The aftermath of a dog bite can already be challenging, but it’s important to take the right steps to address the immediate situation and prevent future incidents.

Dog bites can result in puncture wounds, lacerations, and even infections, as well as emotional trauma, such as anxiety, fear, and stress. In the wake of a dog bite, it’s natural to feel uncertain about how to proceed, but taking prompt and informed action can help mitigate the consequences and ensure a safer and more positive outcome for both you and your dog.

The attorneys at Warren Allen LLP are a valuable resource that can provide guidance and support after a dog bite incident. Understanding what to do when your dog bites you allows you to better protect yourself, your dog, and those around you.

Seek Immediate Medical Care

If your dog bites you, one of the first steps you should take is to seek immediate medical care. Dog bites can be unpredictable and may result in serious injuries that require prompt attention, even if the bite seems minor.

First, they can pose a significant risk of infection, particularly if the wound is deep or the dog’s mouth contains bacteria such as Pasteurella and Capnocytophaga. If these bacteria enter the wound, they can cause a range of infections in humans, from mild to severe. Dog bites can also pose a risk of rabies, particularly if the dog’s vaccination status is unknown.

If possible, first wash the wound thoroughly with soap and water to help reduce the risk of infection. Next, seek medical attention as soon as possible, ideally within a few hours of the bite. A medical professional will evaluate the wound and determine the best course of treatment, which could include antibiotics, stitches, or other interventions. In some cases, a tetanus shot may also be recommended to prevent tetanus infection. Seeking prompt medical attention and following the recommended treatment plan will reduce the risk of complications and promote healing.

Reporting the Incident

In the moment, it might be difficult to remember what to do when your dog bites you, but reporting the incident to local animal control or law enforcement is a step that should not be overlooked. Reporting a dog bite incident involving your own pet can be complicated, particularly when you’re emotionally attached, but failing to report the incident can have serious consequences, including liability for future incidents.

If you don’t report the dog bite, you may be held responsible if your dog bites someone else. Reporting the incident not only protects you and others from potential harm, but it also helps to create a record of the bite, which can be used to assess the dog’s behavior and potential risks.

When you report the incident, be sure to provide as much information as possible, like the dog’s vaccination history, including rabies shots, as well as the circumstances surrounding the bite. You should also provide information about the dog’s behavior and any previous incidents.

Evaluating Behavioral Triggers

Dogs bite for a variety of reasons, but common behavioral triggers include fear, pain, being protective, and territorialism. Fear can cause a dog to become defensive and bite when it feels threatened or scared, while pain can lead to irritability and aggression. Your dog could bite because they felt the need to protect a family member. Territorialism can also cause a dog to become protective of its space and bite when it feels that space is being invaded.

Dogs that exhibit aggressive behavior require guidance and training to learn how to interact safely with people and other animals. Without proper training, the risk of future incidents increases, potentially leading to serious consequences. To evaluate the dog’s behavior, consider the circumstances surrounding the bite. This includes the environment, the people involved, other animals involved, and any potential triggers that may have contributed to the behavior.

Consulting with a professional dog trainer or behaviorist can be incredibly helpful in identifying the underlying causes of the behavior and developing a plan to address it. These professionals can provide valuable insights and guidance on how to modify the dog’s behavior and prevent future incidents. This may involve desensitization or counterconditioning techniques.

Obedience training can help to establish clear boundaries and improve communication between dog and owner, while behavior modification techniques can be effective in addressing specific issues, such as fear or aggression. This creates a safer and more positive environment for both you and your dog.

Long-Term Safety and Legal Protection

An important part of being a responsible dog owner is knowing what to do when your dog bites you or someone else. This includes implementing measures to ensure the dog’s behavior is managed and controlled, such as training, socialization, and proper containment.

Failing to take these steps can have serious consequences. If your dog bites someone else, you may be held responsible for the injuries and damages, which can result in significant financial loss and emotional distress. More importantly, repeated incidents can lead to more severe consequences, such as court-ordered euthanasia. If you’re struggling with what to do when your dog bites you, the experienced attorneys at Warren Allen LLP can provide you with guidance on liability and responsibility. We’ll help you understand your rights and options.

What Is Considered an Emotional Injury?

What Is Considered an Emotional Injury?

Written by George McCoy on . Posted in Personal Injury.

Personal injury cases cover a fairly wide range of situations where someone experiences harm, injury, or loss due to the actions or negligence of another. Car accidents, medical malpractice, dog bites, and slip-and-fall incidents, for example, can significantly impact your health and well-being. In most cases, the resulting injuries and damages are easy to see—for example, a broken leg, stitched-up dog bite, or damaged car—but many people don’t realize that emotional injury or harm can have an equally pronounced effect on your quality of life and ability to function normally.

What is considered an emotional injury, and can you seek financial compensation for it in a personal injury case? Personal injury attorneys, including the team at Warren Allen LLP, work with many clients who have suffered emotional injury due to traumatic events or negligent actions. Since emotional injury can be more complicated to prove and assess for damages, it’s important to discuss this issue with an expert if you want to seek financial compensation.

To help you better understand the different types of emotional injury you could experience, we’ve put together some information about general symptoms you might notice, different types of emotional injury, and the legal considerations involved in recognizing, proving, and compensating for such injury.

Common Symptoms of Emotional Injury

First, it’s important to recognize the signs that you might have experienced emotional injury due to a traumatic event or negligence. Depending on the incident, you might exhibit changes in cognition (confusion, memory problems, intrusive thoughts), mood (depression, anxiety, fear, emotional numbness), behavior (social withdrawal, avoidance of certain places or triggers), and even physiology (insomnia, loss of appetite, fatigue, headaches).

Types of Emotional Injury

Although the symptoms for different types of emotional injury might overlap, and you might suffer from more than one concurrently, there are subtle distinctions described below that a mental health expert might use to diagnose you.

Anxiety

One common response to a traumatic event or to prolonged stress is anxiety, including generalized anxiety disorder. Although everyone worries from time to time, anxiety is more excessive, persistent, and difficult to control than everyday worry and can be characterized by panic attacks, phobias, sleep disturbances, and difficulty concentrating or making decisions.

Anxiety might become severe enough to interfere with daily living, including hampering interpersonal relationships and job performance. Left untreated, anxiety can become chronic and dramatically reduce quality of life.

Depression

Similar to anxiety, depression is more intense and long-lasting than normal the sadness everyone experiences occasionally. Someone suffering from depression might notice sleeplessness or excessive fatigue, loss of appetite or interest in hobbies and activities, and feelings of hopelessness or worthlessness, among other things. As with anxiety, depression should be treated with the help of a health professional.

Post-Traumatic Stress Disorder (PTSD)

Often associated with military veterans, PTSD can affect anyone who has experienced or witnessed a particularly traumatic incident. An individual suffering from PTSD might have flashbacks, nightmares, or intrusive memories of the actual incident.

However, even without these symptoms, a person could become hypervigilant or develop heightened startle responses and avoid triggers or reminders of the trauma. Negative changes in mood and cognitive functioning are also common. Most people with PTSD require long-term, professional treatment.

Loss of Enjoyment of Life

If your ability to find joy and take pleasure in your relationships, hobbies, or daily activities is diminished or reduced after experiencing a traumatic event, you might be suffering from the emotional injury known as the loss of enjoyment of life. Sometimes, loss of enjoyment of life can also occur due to physical injuries that limit your ability to work or participate in activities you formerly enjoyed.

Grief and Bereavement

Families will always experience grief when a loved one dies. However, in cases of wrongful death due to negligence, such as medical malpractice or a traumatic accident, that grief can become deeper and more prolonged than it would be otherwise, and it might qualify as emotional injury.

Emotional Distress

A more generalized term for emotional injury, emotional distress covers a variety of mental suffering that can occur due to a traumatic experience, such as severe embarrassment or humiliation, indignity, or feeling helpless.

Emotional Injury in Personal Injury Law

Because emotional injury and mental suffering can be difficult to tie directly to financial loss (as opposed to the cost of repairing a car, for example), in personal injury law, they are considered non-economic damages.

To pursue a legal claim for emotional injury, you must be able to document or provide proof of the emotional injury and link it directly to the defendant’s actions or negligence. To prove an emotional injury exists and establish its severity, courts generally accept:

  • Medical records, such as diagnoses and notes from licensed health professionals
  • Expert testimony from mental health professionals like psychiatrists and psychologists, who can speak to the extent and causality of the emotional injury
  • Personal testimony where you, your friends, family members, and colleagues describe your suffering
  • Documentation of life changes that detail how your emotional injury has negatively affected your work, hobbies, and relationships

When assessing and awarding damages for emotional injury, courts will usually take into account the severity and duration of symptoms; any need for ongoing mental health treatment or medication; physical symptoms, if they exist; and the negative effects on the plaintiff’s daily life, work, and relationships. Some jurisdictions set limits on the amount of non-economic damages that can be awarded, especially if there are no accompanying physical symptoms, which could affect your case.

Consult with Warren Allen About Your Emotional Injury

Although emotional injury is inherently subjective, and this can sometimes make it more difficult to prove in court, pain and suffering is a legitimate and important factor in many personal injury cases. If you are experiencing symptoms of anxiety, depression, PTSD, loss of enjoyment of life, grief and bereavement, or emotional distress after going through a traumatic event due to someone else’s actions, it’s essential to speak with qualified personal injury attorneys about the potential for seeking financial compensation through a personal injury case. The attorneys at Warren Allen LLP have years of experience in personal injury law and can offer expert legal advice. Don’t suffer in silence. Contact us to get the help you need today.