Author: George McCoy

What Information Does My Personal Injury Attorney Need From Me?

Written by George McCoy on May 20, 2023. Posted in Personal Injury. No Comments on What Information Does My Personal Injury Attorney Need From Me?

If you were seriously injured in an accident, you will want to ensure financial compensation for your out-of-pocket costs by hiring a personal injury attorney. An accident could come from falling on someone’s property, a motor vehicle collision, getting bitten by someone’s pet, or other personal injury situation that may have caused you to become hurt and seek out expensive medical assistance to treat your injuries.

If you are working with or planning on working with an attorney to seek financial compensation for your personal injury claim, you’ll need to know what important information your attorney in Portland, OR may need from you.

We’ve listed below some important things you should know about a personal injury claim, and what sort of things you’ll need to provide to your attorney:

Why Choose a Personal Injury Attorney?

When hiring a personal injury attorney, not only will you be able to claim any medical expenses caused by your injury, but you may also be able to receive compensation for property damages. You could also receive damages to offset any earned income you may have missed out on due to being unable to work while you heal from your injuries. Even if you have purchased insurance that may help cover the costs of your medical bills and any damages to your property, you may benefit from obtaining legal counsel to ensure you receive the largest settlement that you are entitled to.

Insurance companies are for-profit entities that will try to pay out as little as possible in order to squeak out a profit despite your insurance claim. They do not have your best interests at heart when offering a settlement claim for your injuries. Small accidents with minor injuries may be easy to settle without a personal injury attorney to help guide you through the process. However, serious injuries may not be fully compensated if you are left without legal representation. This could leave you with expensive medical and property bills that you would have to pay for if the agreed upon settlement was not enough to cover the financial burden.

Provide Your Attorney All Incident Reports or Law Enforcement Reports

Typically, when there is a car accident or a physical injury, a call to the police is made for the safety of all involved. Not only is everyone’s safety protected when a call for help is made, but a police officer writes an official record of what happened. This report can help you when attempting to recoup your losses after the accident has passed and you are left with all the bills to sort through and figure out how to pay.

It is very important that you provide your attorney in Portland, Oregon or wherever they reside, with copies of all incident reports taken at the scene of the accident. Oftentimes, police reports will document any eyewitnesses who are on scene and able to back up your claims of what happened. These eyewitnesses can testify on your behalf to ensure you receive financial compensation for any incident that was not your fault.

In addition to any police reports, you would want to obtain copies of any incident reports that may have been logged if your accident happened at a place of business. Oftentimes, businesses

will have their own incident reports taken from employees’ recounts of what happened in case there is a need for proof of the incident for either insurance purposes or for legal claims. Obtaining copies of any and all incident reports for your attorneys can be helpful in discovering potential new leads or new evidence to back up your claim.

Take Pictures and Send Them to Your Legal Team

Taking photos of your injuries at the time of the incident can help back up your case and should definitely be provided to your legal team. You should continue to take photos of your injuries as they heal, showing your path to recovery, to help demonstrate your inability to work and earn income during any convalescence period.

Pictures of the scene of the accident or injury can help show how the incident occurred and can back up your case.If you were in a car or bicycle accident, or pedestrian crossing accident, be sure to capture the roadways, showing the layout of the lanes and signage. Taking pictures of the emergency response at the scene of the accident can be helpful as well.

If you are claiming restitution for any property damage, taking pictures of the damage at the scene of the accident can be extremely helpful as well for your lawyer to have in order to strengthen your claims. Make sure to do this before any cleanup occurs, if possible.

Keep a Recovery Journal and Provide a Copy to Your Attorney

In order to show how your injuries have impacted your day-to-day life, it is a good idea to start a recovery journal. You can track the progress of your injuries as they heal, and how you are feeling each day.

You can log each medical appointment, as well as the outcome of each doctor’s visit. Demonstrating how your injuries have affected your life is your responsibility, and having a recovery journal can help your attorney provide proof of your damages.

Provide Any Bills and Any Insurance Information

If you have reached out to an insurance company (either yours or the other party’s) to try and recover your losses, it is important to keep copies of your correspondence with each insurance company and provide a copy of your logs to your attorney. You will also want to provide your legal team with the insurance company names, any associated policy numbers, and any schedules of coverage if available.

You must provide proof of your financial losses in order to prove damages and recoup your losses legally. If you have made any medical bill claims with your insurance company, it is important to provide the explanation of benefits (EOB) received for any medical visit processed through your insurance company. You want to provide proof of your out-of-pocket expenses, and having the EOBs available for your lawyer to review is very important.

For more information on what specifically your state requires in the case of a personal injury claim, reach out to a lawyer located near the site of the accident. If you are looking for a personal injury attorney in Portland, Oregon or surrounding areas, contact Warren Allen LLP today!

When to Contact a Medical Malpractice Attorney

Written by George McCoy on May 10, 2023. Posted in Medical Malpractice. No Comments on When to Contact a Medical Malpractice Attorney

The COVID-19 crisis showed us that medical professionals like doctors and nurses are brave and incredibly hardworking. Most of the time, you can be sure that the healthcare professionals in your life are doing their best to help you, but there may be incidents where doctors, nurses, or medical institutions result in inadvertent harm rather than aid. Through negligence or error, medical professionals can hurt instead of heal, and those are the times when you might consider hiring a medical malpractice attorney in Oregon or wherever else it is you might be.

In the case you’ve suffered injury as a result of medical malpractice, it may be necessary for you to work with a medical malpractice attorney to help you be made whole again. In this blog, we’ll examine the following questions:

What is medical malpractice?
What are some common examples of medical malpractice?
When should you hire a medical malpractice attorney?

What Is Medical Malpractice?

Medical malpractice is harm done by a medical practitioner, from a doctor to an anesthesiologist to a nurse or nurse practitioner. In layman’s speak, medical malpractice can refer to any treatment from a medical professional that results in substandard care.

From a legal perspective, there are three key components to medical malpractice:

There must be a relationship between doctor and patient. A medical professional who published a paper about a new treatment that wound up causing harm could not be accused of medical malpractice; only the doctor who recommended the treatment to their patient.
The medical professional must have been negligent. A healthcare professional who can argue that they were doing their best for the patient would have a potent defense against malpractice. For instance, the doctor who recommended the revolutionary new treatment mentioned in the first point would have an argument against malpractice. Similarly, a neurologist on a plane flight who was asked to help a patient suffering a heart attack could plausibly argue that they didn’t have the tools or expertise to properly help.
The negligence had a direct connection with the injury in question. The worst ophthalmologist in the world negligently giving an eye exam probably won’t be on the hook for medical malpractice if a patient has a heart attack while in their doctor’s office. Unless it can be shown that there is a direct line between negligence and harm, a medical malpractice claim is unlikely to stick.

What Are Common Types of Medical Malpractice?

Now that we’ve examined the criteria that define medical malpractice, let’s look at some of the most common types of malpractice that people might be unfortunate enough to encounter.

Misdiagnosis. An incorrect diagnosis can cost people valuable time in pursuing the correct treatment, and in the worst cases, by the time the real problem is identified it may be too late.
Medication. If a doctor prescribes you medication that has a poor reaction either with medication you’re already taking or a condition you’re known to have, then that is a classic example of malpractice.
Birth injuries. Childbirth can be a very dangerous time for both parent and child. Improperly handled childbirth that leads to injury for either party can be certainly considered malpractice.
Surgical mistakes. Errors during surgery that leave lasting harm instead of correcting the issue are a prime candidate for being considered medical malpractice.

When Should You Contact a Medical Malpractice Attorney?

Now that we’ve examined the sorts of scenarios that can be called medical malpractice, if you’ve encountered these situations, does that mean you should hire a medical malpractice attorney right away, whether you’re in Oregon or some other state?

The honest answer is “it depends.” If you think your case falls under the three criteria outlined in the first part of this post, then you certainly can consider hiring a medical malpractice attorney.

However, do keep in mind that medical malpractice can be difficult to prove and even with the best medical malpractice attorney in Oregon, you may be looking forward to a costly, prolonged legal battle. Therefore, if you believe you’ve suffered injury as a result of negligent care, your first step should be to file a medical malpractice claim with your state’s medical licensing board.

This will both inform your physician or health care facility that you are seriously unhappy with the quality of care received, and put pressure on them to reach an agreement that may result in your financial compensation without ever having to properly work with a medical malpractice attorney.

This will also result in your harm being officially investigated by the licensing bureau . While this may not directly result in restitution being made to you, it will make it more likely that harm does not come to any other people in the future as part of negligent behavior on the healthcare provider or institution.

Also, the medical licensing board can appoint an impartial arbitrator to analyze the facts and determine whether or not your medical malpractice case has enough substance to move forward, all without you having to spend a dime on a medical malpractice attorney.

However, if you do not have the time to wait for a medical licensing board to work, or if you believe your case is substantial, then you should contact a medical malpractice attorney as soon as you see fit. Medical malpractice attorneys are excellent partners for navigating the complex world of medical malpractice, and they can put together documents or navigate the law in a way that benefits you.

A medical malpractice attorney perhaps should not be your first go-to option, but in the event that you have suffered real harm at the hands of a negligent medical professional, hiring a medical malpractice attorney is a no-brainer.

If you’re looking for a top-class medical malpractice attorney in Oregon, it’s time to contact Warren Allen, LLP. We can help you find the restitution you seek and make you whole again.

5 Factors That Matter in a Strong Personal Injury Claim

Written by George McCoy on April 20, 2023. Posted in Personal Injury. No Comments on 5 Factors That Matter in a Strong Personal Injury Claim

Personal injuries occur unexpectedly, leaving victims with physical and emotional trauma, as well as financial strain from medical bills and lost wages. In such situations, it’s important to seek legal help from a qualified personal injury lawyer to navigate the complex legal process and obtain fair compensation for your losses. Determining the value of your injuries in a personal injury case can be complex.

There are several factors that make a strong personal injury claim, both tangible and intangible. Five key elements to consider when making a claim include liability, damages accrued, causation, timing, and your legal representation.

Liability

A crucial factor in a personal injury claim is establishing liability or comparative fault. Liability is the legal responsibility of the defendant for any loss or damage to the plaintiff. Comparative fault will determine the degree of responsibility each party had in causing the damages, both personal and general.

To establish liability you must prove that the other party was responsible for causing your injuries. If you were injured in a car accident, you must show that the other driver was negligent and that it was their actions which led to the incident. In some cases, liability may be clear-cut while in others, it may require further investigation and evidence gathering.

Damages

Another essential component of a personal injury claim is damages, or the losses you have suffered as a result of your injuries. This can include medical expenses, lost income, property damage, pain and suffering, and more. It’s crucial to document and quantify your damages thoroughly, in particular medical expenses, as this will determine the amount of compensation you can receive.

When you sustain an injury, it is important to understand and note its severity so you can take the necessary steps to ensure your health and safety. Depending on how serious the injury is, you may need to seek medical attention as soon as possible. If you find yourself in a situation where no medical attention is deemed necessary, it is still wise to rest and avoid any strenuous activities. This will assist in your recovery.

Be aware of signs such as swelling, tenderness, bruising, and persistent pain which can indicate a more serious injury. Complications arising from an injury are also a possibility. While relying on your own judgment can at times be beneficial, it is important to have faith in professionals who are well-versed in these matters, and to rely on them. Taking care of your body should always be a top priority. If you are not sure about the severity of an injury then it is safer to err on the side of caution and consult your healthcare provider for advice.

Testimony from witnesses, photos of property damage, pay stubs, physicians’ reports, and tax returns showing lost wages can all be used as evidence of damages incurred by an attorney or jury. By presenting detailed proof of harm caused as part of a personal injury claim, victims have a better chance at fair reparations for pain, suffering, and financial losses that were caused by another party’s negligent behavior.

Causation

In addition to proving both liability and damages, there is also a need to establish causation, or a connection between the other party’s actions and your injuries. This means demonstrating that the injuries you sustained were a direct result of the other party’s negligence or misconduct. Your personal injury lawyer can help gather medical records, witness statements, and other evidence to support your claim.

Timing

Timing is critical in personal injury claims. In most cases, you have a limited amount of time to file a claim- this is known as the Statute of Limitations. The Statute of Limitations is a law that regulates the amount of time a person or organization has to bring a legal action, such as a lawsuit, against another party.

In most cases, this period is four years from the date of the allegedly wronged party’s harm or injury. However, there can be variations and exceptions depending on the situation and state in which it takes place.

Knowledge is vital when it comes to the Statute of Limitations. Understanding when the Statute of Limitations applies can be vital for preserving rights and getting justice. Failing to file your claim within the statute of limitations can result in your case being dismissed, so it’s essential to act promptly and consult with a personal injury lawyer as soon as possible.

Legal Representation

Finally, having the right legal representation can make all the difference in the outcome of your personal injury claim. A qualified personal injury lawyer in Portland can provide you with expert guidance and advocacy throughout the legal process, from filing your claim to negotiating with insurance companies to representing you in court if necessary. A good personal injury lawyer will also help you navigate the complexities of the legal system and ensure that your rights are protected.

A strong personal injury claim requires careful attention to liability, damages, causation, timing, and legal representation. If you’ve been injured due to someone else’s negligence or misconduct, don’t hesitate to seek help from a qualified personal injury lawyer in Portland.

Hiring an attorney is an important decision. You should thoroughly research their qualifications, experience, and specialty to make sure that their skill set matches your need for legal services. Before finalizing your decision, it is best to have a consultation with the potential attorney to discuss your particular situation in detail. During this time you can have an open conversation regarding the timeline, budget expectations, and general approach they would take if hired.

Ultimately you need to be comfortable with who you hire as they will be representing you in court and advocating on your behalf. When hiring an attorney to represent you, trust your gut feeling. We at Warren Allen LLP Attorneys at Law can help you obtain the compensation you deserve and move forward with your life after a traumatic experience.

What To Do If You Are in a Hit-and-Run Car Accident

Written by George McCoy on April 10, 2023. Posted in Car Accident. No Comments on What To Do If You Are in a Hit-and-Run Car Accident

Car accidents are stressful, no matter the circumstance. Add to that a hit-and-run, and the stress is manifold. Protect yourself and mitigate unnecessary stress by knowing how best to respond and what steps to take. The better prepared you are, the better your case for compensation.

Receive fair compensation so you can cover damages and medical bills, as well as any other losses resulting from the accident. Safeguard yourself against insurance companies who don’t represent your best interests by hiring an experienced car accident lawyer in Portland. A local lawyer understands state laws and will be your ally in a hit-and-run accident.

Below are a few important steps to guide you through the process immediately following an accident so you can receive the best resolution possible and focus on what matters most: healing.

Prioritize Safety

First of all, make sure everyone is safe, including yourself. You may be worried about damages to your car and consequential expenses, especially if the other driver kept driving without taking accountability, but don’t let that distract you from what matters most. Your safety and that of your passengers are the most important.

Survey the scene. Is it safer to stay with your car or to remove all passengers and move to somewhere safer? If your car is on a busy freeway or intersection, you may run the risk of getting hit again. If you are able to move, get to a safer spot. However, if serious injuries have been sustained, it may not be safe to move. Assess the scene before deciding.

Is anyone injured? If you are able, call 911. If you are unable, tell someone else to call. Remember, some injuries are harder to detect, so when in doubt, make the call and don’t take any chances.

Call the Police

In the case of a hit-and-run, it’s important to immediately call the police without delay. A police report or accident claim needs to be filed to establish fault and aid in finding the missing driver. Since you are the victim of a hit-and-run, having the police involved will help your case. An official police report contains important details for the insurance claim, used to verify who is at-fault. This can help your claim if the other driver was responsible.

Even though the other driver fled the scene, try to jot down as many details about the car you can remember. You may not have been able to get the license plate number, but did you recognize the make or model of the car? What about the vehicle’s color? Which direction was it headed? Write details down as soon as possible, while your memory is fresh.

Collect Information

The more evidence and documentation you have, the better your case for claiming compensation. Document and record as much as possible. Take photos of any damage to your car and the scene of the accident. Where was the accident? Are there skid marks? Photograph, video, and write down what you observe. This includes personal injuries and symptoms. If you need medical care, keep copies of receipts and record your experience with treatment. What are your symptoms? Write these downs. Make sure to seek medical attention, if needed, as soon as possible.

As mentioned earlier, don’t wait to record these events. Write down your recollection of events while it is fresh in your memory. Include as much detail as possible.

When gathering information, collect contact information of any witnesses. A witness statement can help supply additional information about the accident. Ask if they are willing to stay to give a witness statement to the police. If they are unwilling to wait for the police, they can still make a witness statement to you. In this instance, make sure to get their contact information.

Enlist a Personal Injury Attorney

If you live in Oregon, hire a local car accident lawyer in Portland to represent your interests. No matter where you live, the right lawyer will have your best interests in mind and seek fair compensation. Insurance companies do not always act in good faith and may attempt to minimize how much you get.

A personal injury attorney with experience in hit-and-runs understands the law and how much your case is worth. They also know which documents must be filed by what deadlines. Hire an attorney to be your ally and represent your interests. They will ensure you receive compensation without delay and aren’t denied what you are owed by simple clerical errors or missed deadlines.

At Warren Allen LLP, our personal injury attorneys are here to help. Contact us for solid legal advice and representation. Our experienced team will help you receive fair compensation and the best resolution possible. If you have been in an accident resulting in injury or damage, contact our firm today and learn what your options are.

You may be entitled to more than you realize. Compensation can cover a range of expenses and symptoms, including, but not limited to:

Lost wages due to missing work
Future lost wages due to injury
Medical bills
Future medical costs
Punitive damages
Pain and suffering (physical or emotional)
Mental anguish
Loss of enjoyment of life
Loss of consortium
Disfigurement or dismemberment

Enlist the help of an experienced attorney who understands what you may be entitled to and help you receive the compensation you deserve.

Notify Your Insurance Provider

Call your insurance company as soon as possible. You will need to contact your insurance company and provide basic information so you can start your claim. Though you are obligated to report the accident to your insurance company, do not give a recorded statement to the other driver’s insurance company.

Once you hire a Warren Allen lawyer as your attorney, refer the insurance company adjuster to us, since we will now represent you. When you authorize your attorney to represent your interests, you will no longer have to deal with the insurance adjusters directly. We will focus on your economic recovery so you can focus on what matters most- physical and emotional recovery.

Are Family Law Attorneys Just for Divorces?

Written by George McCoy on March 20, 2023. Posted in Family Law. No Comments on Are Family Law Attorneys Just for Divorces?

When you’re looking to hire an attorney in Portland, it’s important to know what the different fields of law cover. If you’ve never needed a family law attorney before, you may be thinking that family law lawyers only handle divorces. While divorces are a large segment of this field of law, it’s far from the only thing they help clients with.

Why Might I Need a Family Law Attorney in Portland?

When it comes to major life changes, it helps to consult with an expert. For major shifts such as getting divorced, separating, or requesting a change in custody of a child, a family law attorney would be the expert to consult with.

The family law field covers legal disputes between two parties, usually family members, spouses, former spouses, domestic partners, or parents and children. Family law attorneys will help you navigate and resolve the issues involving that kind of relationship. They also understand the sensitivities involved because of personal matters.

Another thing to keep in mind is that laws, rules, required actions, and regulations vary for each state. Thankfully, experienced attorneys are experts in the guidelines of the states where they practice.

Aside from divorce, Portland family law attorney services include legal advice, support, and representation on nonmarital cohabitation, conservatorships, and family law-related appeals. Read on to find some more examples:

Prenuptial Agreements

As the name implies, this is a legal service conducted before a marriage is made legal. It often includes things like how property will be divided in case of a divorce. Family law attorneys can also help with postnuptial agreements.

Child Custody and Visitation Rights

Whether or not you were ever married, custody and visitation are an important part of a separation if you share children. This area entails creating guidelines for co-parenting, such as figuring out parenting plans and time schedules.

There are different kinds of custody:

Physical, or the amount of time spent with each parent.
Legal means the parents have a say in matters such as schooling, healthcare, and general lifestyle.
Sole custody means only one parent has primary physical and legal custody of the child, although the other parent may be allowed visitation.
Joint custody means it is split between both parents. This is not necessarily a 50/50 split. Decisions like the exact amount of time spent residing with a parent will vary depending on several factors.

Some parents can agree to an arrangement that satisfies them both, but some custody and visitation discussions can be very contentious. This is one of the very sensitive and emotional issues that family law attorneys are equipped to handle. If the parents cannot come to an agreement, the court will decide based on the children’s best interests.

Child Support

Attorneys can help come up with a child support agreement based on custody, income, and client’s wishes. Each state has its own child support guidelines, which a family law attorney will be familiar with. Attorneys are also used if a parent is not supplying the child support they were ordered to by the court.

Establishing Paternity

Establishing paternity can be an important aspect of deciding child custody and support. It’s another delicate and emotional legal matter where family law attorneys will provide immeasurable help.

Alimony and Spousal Support

Alimony or spousal support is a financial arrangement post-divorce. Typically, if one party makes significantly more than the other, they will pay a certain amount per month to their former spouse. It enables the spouse to continue living a similar lifestyle.

This is an agreement that can be temporary or permanent. The exact parameters of alimony will depend on the individuals and the state where they reside. For instance, certain jurisdictions have time limits.

Family law attorneys also handle palimony, which is a similar financial arrangement, only between two separated parties who were not legally married.

Marital Property

Division of property and/or assets may already be laid out in a prenuptial agreement, or the former spouses could come up with an arrangement that satisfies them both amid the divorce. In that case, it’s still wise to have an attorney to consult, as they’ll make sure everything is up to snuff.

There’s also a possibility that the division of property will be contentious. In some cases, this can be worked out and resolved with each party and their attorney. But if that still doesn’t settle things, the decision may be turned over to a judge and a court.

Some determining factors include income, length of marriage, the amount of property, and the spouses’ respective ages. The division of property can also vary by state. In some areas, a court will most likely determine that marital or community property should be divided up 50/50.

Legal Separation

Some choose a legal separation over a divorce. Since it is also a legal arrangement, it helps to have an attorney in your corner.

Adoption and Foster Care

Family law attorneys can act in facilitating a private adoption. Adoption can include a stepparent legally adopting their stepchild, and may require one or both biological parents to abdicate their status as parents.

Guardianship

Guardianship refers to being legally able to make decisions on behalf of another individual. It is often used for children and can be a step toward adoption. It can also be used when an adult is unable to take care of themselves. When guardianship is granted, the adult or child is then referred to as a protected person.

Emancipation

In family law, emancipation refers to a minor requesting to be released from the custody and control of a parent or guardian. Once granted, the minor will typically be enabled to make legal decisions for themselves instead.

Domestic Abuse

Family law attorneys take these accusations very seriously and will help with obtaining orders of protection.

For the best family law attorneys in Portland, look no further than our team at Warren Allen LLP. We have provided top-of-the-line legal services to the Pacific Northwest area for over fifty years now. For more information on our Portland family law attorneys, visit our website.

What Happens After You Hire a Personal Injury Lawyer?

Written by George McCoy on March 10, 2023. Posted in Personal Injury. No Comments on What Happens After You Hire a Personal Injury Lawyer?

Have you hired a Portland personal injury attorney and are wondering what happens next? Warren Allen LLP will explain what to expect. On the other hand, if you have not yet hired a personal injury attorney, be sure to do your research and schedule an initial consultation first. Once you have your consultation scheduled, come back and review these steps so you know what questions to ask.

From initially retaining a personal injury attorney to case resolution, Warren Allen LLP will take the guesswork out of the experience so you can be as prepared as possible.

Collect Documentation

A personal injury attorney has to first be able to make your case for why the liable party is at fault and why you should be justly compensated for your injury. To do this, your attorney will need all the relevant evidence and documentation that you’ve collected about your injury.

For instance, if you’ve collected witness contact information or photos of the injury scene, you should turn those over to your attorney. You should also describe what happened in as much written detail as possible. If you’ve taken notes about your symptoms or medical visits, you should hand those over to your attorney as well.

As your case progresses, continue to keep notes about your medical visits, prescribed treatment plans, and any injury-related symptoms. Be sure to follow all of your doctor’s orders as you seek treatment. If you fail to do so and your injury worsens, you could be viewed as negligible and even perceived to be responsible for your deteriorating condition.

Everything related to your injury, regardless of how large or small, should be disclosed to your attorney. It may seem relatively insignificant to you, but it could have major importance to your case. For instance, if you get calls from the other party’s insurance adjuster, be sure to disclose that to your attorney and seek their counsel before speaking with anyone about your case.

Serve Notice

Once your personal injury attorney has all the relevant documentation, they will serve notice of your intent to pursue civil action to all the parties involved in the case. In fact, once the liable party’s insurance company receives notice that you have retained representation, they should not reach out to you going forward. If anyone reaches out to you regarding your case, direct them to speak with your legal counsel and notify your attorney right away.

Serving notice does not necessarily mean that the case will proceed to litigation. In fact, many people seek to avoid litigation altogether. Serving notice to the liable party simply starts the process so that both sides can begin negotiating a settlement.

Investigate the Case

Your attorney will then get to work on your personal injury claim in order to build the strongest case possible. For example, if you’ve provided witness contact information, your attorney will reach out to them to gather statements about what they saw or heard at the time of your injury. In some instances, your attorney may return to the scene to take photos and notes about where the injury occurred. Depending on the circumstances, your attorney may also hire a private investigator.

Attempt to Settle

Before your case goes through the formal legal process, your personal injury attorney will attempt to initiate settlement talks. Be prepared for this to be a somewhat lengthy process. Some settlement talks can take up to two years. It may take more or less time depending on the extent of your injury and the specifics of your particular situation. Oftentimes, a personal injury attorney will need to wait until the full scope of your injury is understood before accepting any settlement offers.

Your attorney will work to negotiate a settlement that’s fair and acceptable to you. Once a settlement offer is received, your attorney will notify you of the settlement terms so you can decide whether or not to accept the offer. Your attorney will explain whether the offer is fair and what your options are. Your attorney should also discuss the risks of proceeding to trial. Ultimately, you will need to decide whether to accept the settlement terms or reject the offer and proceed with filing a lawsuit.

File Suit

If you reject the settlement offer, you may need to sue for damages. When you decide to move forward with a lawsuit, your attorney will file a complaint with the court. Following the initial filing, there will be a pretrial discovery process during which both sides turn over evidence to the other.

As your case works its way through the legal system, there may still be an opportunity to settle outside court. For instance, both parties may agree to mediation. If so, a third party will attempt to reach an agreement that is suitable to both parties in a last attempt to settle the matter before it goes to trial.

The overwhelming majority of cases settle outside the courtroom. However, if settlement and mediation attempts are unsuccessful, you may have to proceed to a civil trial. If you decide to go this route, Warren Allen LLP has a skilled team of litigators who will fight on your behalf and diligently work to try to secure a favorable outcome.

If you need a Portland personal injury attorney, Warren Allen LLP serves the entire Pacific Northwest region. You can book a consultation with us so we can learn about your particular situation and provide you an honest evaluation of your case. We can also answer any specific questions you have about the personal injury claim process.

Recovering from an injury can be extremely difficult all on its own. That’s why we feel you shouldn’t have to navigate the legal process by yourself. We’ll be your advocates, by your side fighting for your interests throughout the process. We’ll explain your options and guide you through each stage of your personal injury claim with expertise and compassion.

If you want a skilled team to fight for the compensation you deserve, Warren Allen LLP will devote significant time, energy, and resources to your case. That way you can focus on what’s most important- your recovery.

How Do I Negotiate a Personal Injury Settlement With an Insurance Company?

Written by George McCoy on February 20, 2023. Posted in Car Accident, Personal Injury. No Comments on How Do I Negotiate a Personal Injury Settlement With an Insurance Company?

When you’ve been injured in a car crash or accident, you are entitled to financial compensation to cover your losses. In order to receive that, you will need to negotiate a settlement with an insurance company. You shouldn’t have to take that on alone, especially when you already have recovery to focus on. Thankfully, having an attorney in your corner will be a huge advantage.

Read on below to find out more about how an attorney can help with negotiating a personal injury settlement:

What Is the First Step Toward Negotiating a Personal Injury Settlement?

Before filing a claim, you should gather as much information about the accident as possible. There should be some important details within the accident report, and you’ll want to confirm that the date, location, and time are all correct.

You’ll also need to have information about the other parties, including the driver who was at fault. Most significant is their insurance information, as that’s where you’ll file your claim. You should also gather the contact information of witnesses and anyone else involved.

As for yourself, make sure to include details and evidence of the injuries you sustained in the accident. This can include medical bills and photos, but make sure these are copies; you should keep the originals for yourself.

How Do I Start Trying to Receive a Personal Injury Settlement?

To get the ball rolling, you would file a claim with the insurance company. If you want to receive the highest settlement possible, you should have an attorney at this point. They’ll take care of filing a claim on your behalf.

A personal injury attorney will make sure your demand letter is written to be as convincing as possible. This letter will state your requested settlement amount. Your lawyer will send this along with all the necessary supporting documents. Because of their experience with these matters, you’ll be assured everything was done correctly.

How Do I Decide the Requested Settlement Amount?

Work with an attorney to decide how much your case is worth. Every accident is different, so the attorney would have to review and evaluate the details before coming up with an estimate. Typically, you will discuss how it breaks down into special damages versus general damages.

Special damages are more objective items. These are the medical bills, any lost wages, and other expenses. You’ll already have the paperwork on hand to crunch those numbers.

General damages can be difficult to discuss. Instead of objective numbers, this category refers to the non-economic damage from the accident. How the accident has impacted your life, and the pain and suffering it caused you. Throughout the negotiation process, your attorney will make sure the emotional damage you’ve suffered never gets overlooked.

These numbers aren’t set in stone, as things are set to change throughout the negotiation process. But it’s good to have a general idea.

How Long Do I Have to File for a Personal Injury Settlement?

Though the exact time may depend on individual circumstances, there are some general timelines in the Pacific Northwest region. In Oregon, you have two years but inWashington, you have three. In both cases, that clock begins after the date of loss or discovery of loss.

How Will the Insurance Company Respond?

At first, you should expect to receive a reservation of rights letter. This is an acknowledgment that they’ve received your claim and will review it. You should keep this on file, as it will include your claim number and the adjuster’s contact information. This letter does not guarantee that the insurer won’t deny it.

How Do I Respond to the Insurance Company’s First Settlement Offer?

It’s advised not to jump at the first offer you get. Expect the insurance company to offer the smallest amount possible, and they’ll try to justify the low amount by arguing that you’re asking too much or that you haven’t provided enough evidence. A personal injury attorney will back you up and ensure that you receive what you actually deserve.

How Do I Successfully Negotiate a Settlement?

Before it officially starts, an attorney will make sure you understand exactly how the settlement process works. The insurance company will have its own lawyers, who will try to trick and intimidate you. Therefore, you shouldn’t go into a negotiation like this on your own.

Obviously, you would hope to receive the exact amount you requested, or even a bit more. At this time, you can also discuss the minimum amount you’d accept. While you should prepare not to get everything you want, you should also go in feeling confident and strong. Have faith in the evidence you and your attorney have gathered.

The negotiation process will include a lot of back-and-forth with the insurance company. With every offer and counteroffer, your attorney will argue to effectively defend your side. Considering attorneys literally negotiate, argue, and defend for a living, this puts much less pressure on you.

As difficult and intimidating as the negotiations may seem, hiring an attorney instantly gives you an advantage. It shows that you’re serious about receiving the best settlement, and it implies you would be ready to file a lawsuit if the insurance company doesn’t align. In almost every case, they would prefer to settle out of court.

How Do You Reach a Personal Injury Settlement Agreement?

Even when you think you’ve reached an agreement, your attorney will follow up and follow through to ensure everything is settled. They’ll make sure you get everything in writing, and make sure the amount agreed upon is adequate to cover your bills and any future related needs.

Your attorney will also thoroughly review the agreement to make sure you understand and approve it. After all, this settlement agreement is a legal contract with the insurance company.

Here at Warren Allen LLP, our attorneys have experience successfully negotiating personal injury settlements in Portland and the surrounding Pacific Northwest area. You can find more information about our personal injury attorneys and contact us by visiting our website. We look forward to working on your behalf to get the compensation you deserve.

Does Hiring a Personal Injury Attorney Mean That I Have to File a Lawsuit?

Written by George McCoy on February 10, 2023. Posted in Personal Injury. No Comments on Does Hiring a Personal Injury Attorney Mean That I Have to File a Lawsuit?

Filing a lawsuit can be a long, arduous process. It can sometimes take years before the matter is even heard before a judge. The good news is that hiring a personal injury attorney doesn’t mean you have to file a lawsuit. In fact, filing a lawsuit with a personal injury attorney is often the last resort.

Instead, think of a personal injury attorney as your advocate. They’re your champion, fighting to get you a fair resolution to your personal injury claim so that you are adequately compensated and can devote your full attention and energy toward your recovery efforts. Warren Allen LLP has a team of experienced Portland personal injury attorneys who will fight for your rights, both inside and outside the courtroom.

Here’s an overview of what you can expect when you retain the services of a personal injury attorney:

What Does a Personal Injury Attorney Do?

Personal injury attorneys work on your behalf to secure appropriate compensation following a physical injury to you or a loved one, or following the death of a loved one. Most personal injury attorneys work on a contingency basis, meaning they only take a portion of the final compensation amount awarded as opposed to an upfront fee. Since your attorney doesn’t get paid until a settlement amount is agreed upon or you are awarded damages, it is in your attorney’s best interest to fight for you to get the maximum amount possible.

If there’s a dispute as to who is responsible for the injury, a personal injury attorney will collect the necessary records and documentation to establish who is at fault. Even if the other party admits liability, many insurance companies will attempt to pay the bare minimum possible. Having a skilled personal injury attorney by your side will increase your chances of securing an equitable outcome.

What Happens Once I Hire a Personal Injury Attorney?

The first thing a personal injury attorney will do is collect supporting documentation for your case. If you have photos of the scene where the injury occurred, notes about what happened, eyewitness account information, medical records, or anything else that pertains to your case, you should give them to your attorney.

As you recover from your injury, keep a detailed account of any symptoms you experience as well as all of your medical visits. Write down any treatments you are prescribed or recommendations you receive from a medical provider. The more records and details you can provide your attorney, the better.

Your attorney will then get to work on your case. Typically, that begins with serving notice of your intent to file a personal injury claim with the responsible party. Your personal injury attorney will then begin settlement talks and work to secure a settlement that is fair and acceptable to you.

In some instances, settlement talks may be a fairly lengthy process. On average, negotiating a settlement takes about two years. But the length of time can vary considerably based on a number of factors, such as the extent of your injuries. A personal injury attorney often waits until the scope of your injuries, and the necessary medical treatment, are fully understood so that the most favorable settlement can be reached. Of course, this can increase the duration of your personal injury claim.

You may find it difficult to pay for your medical treatment while your personal injury claim is pending. If, for instance, you’re uninsured or your personal injury protection insurance doesn’t cover all your necessary expenses, your personal injury attorney can advise you on your available options. When you retain us, we are by your side throughout the claim process so that you don’t have to navigate these situations on your own.

What Happens If I’m Unable to Settle?

While most cases settle out of court, occasionally a personal injury attorney will need to take legal action. If we are unable to reach a settlement that is agreeable to you, the next step would be to proceed with filing a lawsuit. Once a complaint is filed with the court, there is typically a pretrial discovery process during which both sides collect information and evidence from the other.

While the case is working its way through the courts, there may still be an opportunity to reach an agreement. Both parties may agree to mediation, for instance. If so, a third party would attempt to work out an equitable arrangement for both sides.

However, if the mediation is unsuccessful, the case would proceed to trial. In the event your case does go to trial, Warren Allen’s experienced team of litigators will devote significant time, energy, and effort to ensure the best possible outcome.

That being said, the vast majority of personal injury cases settle out of court. If you’ve been injured and believe someone else is at fault, you should consult a personal injury attorney regarding your available options.

If you’re looking for a Portland personal injury attorney, Warren Allen may be able to help. We provide top-quality legal services in the Portland and Southwest Washington areas, as well as across both Washington State and Oregon. Give us a call to schedule a consultation, and we will answer your questions to the best of our ability to give you an honest assessment of your case.

Since this can be a difficult situation to navigate alone, the best decision you can make is to partner with an experienced attorney who knows the ins and outs of personal injury legalities. Getting the compensation you deserve can be a long, arduous process but we’ll be by your side the entire way and see your case through to the very end.

Leave it to the expert team at Warren Allen LLP to ensure you get the medical treatments you require, as well as adequate compensation to cover them!

When Do I Need a Lawyer After a Car Accident?

Written by George McCoy on January 20, 2023. Posted in Car Accident. No Comments on When Do I Need a Lawyer After a Car Accident?

After a car accident, it’s understandable you’d be a bit shaken up. In addition to your emotional and physical recovery, you’ll likely be asking if you should pursue legal action. Read on below to find out when you might need a Portland car accident lawyer and the ways consulting with an attorney can be a great help.

What Steps to Take If You’re in a Car Accident

While a car accident is obviously stressful in the moment, there are steps you can take that will help a potential case later on. Try to get the names and contact information of other parties involved, like witnesses, and take pictures of the crash if possible. Take note of important details so you don’t forget them later.

If You Were Injured in the Accident

It’s smart to consider hiring a lawyer if you were injured and had to receive medical attention after the accident. If you believe your injury occurred because of another driver’s negligence, you could have a case.

If you were injured, you will likely consider filing a personal injury claim, and it will help to have a professional lawyer for this process. When consulting with a Portland car accident lawyer, they’ll discuss if you should even file a claim in the first place. If your lawyer believes that you do have a right to file, you’ll work together to determine how much your personal injury claim is worth. Your lawyer will handle the filing process.

It’s technically not required to have a Portland car accident lawyer when seeking financial compensation, but it is highly recommended. Filing a car accident claim on your own comes with risks, and as with any delicate matter, it’s always the wiser move to have an expert on your side.

When You Have to Negotiate With Your Insurance Company

Trying to negotiate with an insurance company, especially a large one, would be too daunting on your own. Insurers have their own big lawyers, as well as far more resources than the average person. Portland car accident lawyers assist with filing an insurance claim and negotiating with the insurers. Due to their experience, lawyers will already know the moves insurers make, and know how to handle them.

It is smart to have a lawyer in your corner before initially contacting the insurance company. Again, the legal teams for these insurance companies are experienced. If you have a conversation with them without a lawyer, they may try to use your own words against you, even if they misconstrue something you said. A lawyer will know exactly what should be said in these types of difficult conversations.

An insurance company will likely try to deny you your coverage, or they will try to give you the absolute minimum amount. They may act in bad faith, not bother to even investigate your claim, fail to pay it in the right amount of time, or deny your claim with no explanation. This is more likely to happen if you try to deal with them on your own. A Portland car accident lawyer is there to be your advocate.

A Portland Car Accident Lawyer Allows You to Focus on Your Recovery

If you were injured in the accident, your focus should be on recovering. Having an experienced attorney handle the legal side of things takes a lot off your plate. This means you can devote more time and energy to recovering from the accident. Your attorney will file your claim on your behalf. A lawyer also handles potential negotiations.

Both can be incredibly time-consuming processes. Negotiations can be a lot of back and forth, which the average person would find endless and exhausting. Trying to take that on alone, especially if it’s your first car accident, would be unwise, both for your case and for your overall well-being.

A Portland Car Accident Lawyer Means Having an Expert in Your Corner

It always helps to have support with such a delicate process, and the support that an experienced attorney can provide is incomparable. Portland car accident lawyers will know the ins and outs of the law. This includes knowing all about the specific laws and rules in your state. These may play a significant role in terming which party is at fault for negligence, and a successful lawyer will be able to determine the best path to receive the desired outcome.

Another service car accident lawyers can provide is writing the settlement letter for you. If you’re unable to settle, your lawyer will handle the paperwork required before the case goes to court. This expertise will also be a big help if your case ends up going to trial.

How Portland Car Accident Lawyers Will Make Your Case

To start, tell your lawyer a detailed account of the accident from your perspective. If you took any pictures after the crash, give the photos to them. Also, provide the other parties and witnesses’ contact information if you have it.

In addition to legal support, Portland car accident lawyers will assist with investigating the accident, determining what the cause of the accident was, and gathering evidence to support your side.

The evidence lawyers would gather can include police reports, witness statements, pictures from the crash, and any medical bills and records. You will also look over the police report of the accident with your attorney. If you do not feel that the report accurately portrays what happened, your lawyer will know what to do about it.

If You Do Need a Lawyer, How Soon After the Car Accident Should You Contact One?

A good rule of thumb is to contact an attorney as soon as possible after the accident, especially if you’re trying to prove that the accident was caused by another person’s negligence. You know the other party will also be contacting their own attorneys as soon as possible, and you don’t want them to get a head start and try to make the accident look like you were at fault for negligence.

If you’ve been in a car accident, reach out to the Portland personal injury lawyers at Warren Allen LLP. In addition to the Portland area, we also provide legal services throughout the Pacific Northwest region.

Is Hiring a Personal Injury Law Firm Worth It?

Written by George McCoy on January 10, 2023. Posted in Personal Injury. No Comments on Is Hiring a Personal Injury Law Firm Worth It?

Nobody expects to be injured, but when it happens, it changes everything. Your focus turns to healing and protecting yourself and your family.

If someone else’s carelessness causes your injury, it can bring on many questions, including:

Will insurance cover this?
My injury wasn’t that bad; should I hire a law firm?
Can I afford to hire a lawyer?

In the middle of handling all of the things you’re facing as a result of your accident, choosing to work with a law firm and finding the right one to represent you may seem overwhelming. Where should you begin? Read on to learn the benefits of hiring personal injury law firms in Portland, Oregon

Is It Worth Hiring a Personal Injury Law Firm?

Facing a personal injury from an accident or workplace can be life-changing. The more serious the injury, the more beneficial working with a personal injury law firm in Portland, Oregon, will be. No matter what you’re facing, your situation deserves to be handled with care.

If you’re skeptical about how much you can gain, your best action step is to speak with a lawyer, as the one you hire will have a vested interest in your outcome.

Hiring a personal injury lawyer doesn’t cost you a thing unless you win, and they work hard to ensure a case has merit before moving forward. You’ll get an honest assessment of your situation, and understand what to expect before you move forward.

6 Reasons You Should Hire a Personal Injury Law Firm

If you’re wondering if talking with a lawyer is in your best interest, ask yourself these questions.

1. Did I Suffer Injuries in the Accident?

Today’s automobiles are safer than ever before. Still, thousands of people die each year in car accidents, and those numbers are climbing.

If you’ve been injured in an accident, a personal injury law firm can help you get the compensation you deserve. You should seek legal representation if you:

Have a severe injury
Have pain and suffering
Are temporary or permanently disabled

If you’re suffering from an injury that resulted from someone else’s negligence, it’s time to put the concern back on your needs. A personal injury law firm fights for your rights for fair compensation.

2. Do I Need Help Dealing With the Insurance Company?

Insurance adjusters have one goal: To save the insurance company as much money as possible. They review cases and handle claims daily. They know the law, and how to settle a case with as little payout as possible.

That’s rarely in your best interest. Instead of dealing with never-ending phone calls and paperwork, you should focus on your injuries and getting help to receive the maximum compensation. An experienced personal injury lawyer knows how to handle the insurance company, even out the playing field, and negotiate your case to ensure you get a fair offer.

3. Is There a Question of Who Is Liable?

Not all accidents have clear outcomes. Sometimes it’s unclear who the negligent party is. If there is any question of who is liable, it’s in your best interest to seek legal representation.

By hiring a personal injury law firm, they will work to prove your innocence. If you believe the other party was at fault, it’s up to you to confirm the responsible party’s negligence. A lawyer will look at the evidence, including:

Official accident reports
Medical records
Photos from the scene
Police records
Eyewitness testimony

They will build up enough evidence to prove you have a legitimate case. If you were partially or fully at fault, you should definitely seek out legal guidance.

4. Will My Future Be Impacted By a Settlement?

If you’re facing temporary or permanent disability, your future may seem uncertain. Now more than ever, a settlement will help you and your family retain some sense of hope as you move forward. According to studies by the Insurance Research Council, those who filed claims with attorney representation received significantly higher settlements than those without.

It’s easy to see why. When a law firm specializes in personal injury cases, they work with cases similar to yours daily. They understand the strategy, what to do, and how to approach it to reach an ideal resolution.

It’s about letting an experienced firm handle what they are in business for. They won’t be overwhelmed because they’ve been through it before.

5. Can I Manage My Own Case?

At first, it can seem straightforward. File paperwork, communicate clearly, and justice will prevail. However, there are a lot of little nuances that go into a case. Things you might not be aware of. Things that can be detrimental to your case.

Sometimes people do well in handling their own cases. It might be easy to take on your own if it’s a minor fender-bender in a parking lot without much damage. If you’re a confident negotiator, you might be able to handle all communications with the insurance adjuster and receive a maximum settlement offer.

When you add in injury and are dealing with the added stress that goes with extensive trauma, that’s where a personal injury lawyer can help. Their effective negotiation skills are the key to maximizing your settlement payout.

6. What Should I Do Next?

Personal injury isn’t something most of us expect to face. It happens suddenly and changes everything in the blink of an eye. Suddenly, you’re left with endless questions.

Working with a personal injury law firm in Portland, Oregon, gives you the answers to the endless questions. They’re there to guide you through every step of the process and be your negotiator as well as your advocate. They answer questions and provide guidance every step of the way.

When your world feels like it’s upside down, that can be a comforting feeling.

Should You Hire a Personal Injury Law Firm?

A personal injury lawyer can put your mind at ease, and they’ll work hard to get you the compensation you deserve. Because of their vast knowledge and experience working with the law, they are invaluable when you’re faced with the outcome of an accident. Hire one today, and let them go to work for you.