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How To Comply with Oregon Car Insurance Laws

How To Comply with Oregon Car Insurance Laws

Written by George McCoy on . Posted in Auto Insurance, Car Accident.

Many states differ slightly when it comes to regulations regarding car insurance. So, if you’re an Oregon driver, understanding Oregon car insurance laws is essential to ensure you have appropriate coverage and avoid fines and penalties for non-compliance. Oregon car insurance laws include minimum coverage limits, mandatory policies related to personal injury protection, proof of insurance rules, and penalties for non-compliance.

These laws are in place to protect Oregon drivers and help pay for damages in the case of accidents. They also protect other people on the road and their property. Although you can’t control what other drivers do, you can make sure you are in compliance with Oregon car insurance laws by following the guide below.

Minimum Coverage Limits

Oregon car insurance laws require all drivers to carry liability insurance, which covers the costs of injuries and property damage to others (up to the given limits) if you are at fault in an accident.

At minimum, Oregon drivers must have:

  • Bodily injury liability: $25,000 per person; $50,000 per accident
  • Property damage liability: $20,000 for damage to others’ property
  • Personal injury protection: $15,000 per person
  • Uninsured/underinsured motorist coverage: $25,000 per person; $50,000 per accident for bodily injury

Keep in mind that you could be personally responsible for additional costs if damages exceed the limits of your coverage, so it may be worthwhile to consider additional coverage.

Personal Injury Protection

Personal injury protection insurance is mandatory in Oregon. The policyholder can use this insurance coverage to pay for medical expenses, some lost wages, and other related costs for themselves and their passengers, no matter who was at fault in the accident.

Be sure to read through your policy to understand your benefits. Generally, medical expenses can include hospital stays, dental services, surgeries, and ambulance and prosthetic services, but they must be “reasonable and necessary” and must occur within two years of the accident to be eligible for compensation. Other benefits include paying up to 70 percent of lost wages (including salary, tips, wages, profits, commission, and professional fees) if the disability lasts more than 14 days; funeral expenses up to $5,000; and childcare if the injured person is the parent of a minor child and is hospitalized.

Uninsured/Underinsured Motorist Coverage

What do you do if the person at fault doesn’t have insurance? Uninsured or underinsured motorist coverage protects Oregon drivers from other drivers who either have no car insurance at all or do not have enough coverage. As the policyholder, you can also use this coverage if you are the victim of a hit-and-run and do not have information about the other driver involved. Your benefits generally help cover medical expenses and other costs if you are injured.

Proof of Insurance

Oregon car insurance laws require drivers to carry proof of insurance with them while driving, even if they don’t own the car. You should always be prepared to show proof of insurance to law enforcement officers if you are involved in a traffic stop or an accident. Valid formats include a physical or digital insurance identification card supplied by your insurance company, a copy of your insurance policy, or an official letter from your insurance company.

The Department of Motor Vehicles (DMV) will also require proof of insurance when you renew your vehicle registration. If you don’t have insurance coverage, you may be prohibited from renewing your registration.

Penalties for Non-Compliance

Failure to comply with Oregon’s car insurance laws can result in several negative consequences:

Fines

If you are pulled over by law enforcement for a traffic violation or if you are involved in an accident and cannot provide proof of insurance to the police officer or other driver, you can be cited for “failure to carry proof.” Driving without insurance will result in a fine of at least $130 but can be as much as $1,000, depending on the judge. Fines tend to increase if you are a repeat offender.

License Suspension

For a driver involved in an accident who cannot provide proof of insurance, the DMV will suspend their license and require them to buy insurance before they can get their license back. You will need to get an SR-22 Certificate from your insurance company (usually for an extra fee) to show that you have liability insurance and file it with the DMV. It’s important to note that this requirement stands even if you do not own a vehicle.

Financial Responsibility

When you are involved in an accident, insurance helps pay for some of the costs related to injuries and property damage. So, if you are at fault and don’t have insurance, you will most likely be held personally responsible financially for all damages. The injured party can file a lawsuit, and if a judgment rules against you, you must pay within 60 days. Failure to pay the judgment can result in the suspension of your license until you do pay. In some cases, the court could order that money be taken from your paychecks or a lien placed on your property.

Protect Yourself and Your Rights

Having at least the minimum required insurance coverage listed above, always carrying proof of insurance with you while driving, and staying current on your insurance premiums are the first steps in complying with Oregon car insurance laws to avoid fines and other penalties. You might also consider additional coverage, such as collision coverage or coverage for when you drive a rental car. If you have been injured in an accident (including as a pedestrian or bicyclist) and would like some help navigating insurance claims or potentially pursuing a personal injury claim in court, contact the personal injury team at Warren Allen LLP to get the legal help you need and discuss your options. We have years of experience in providing our clients with exceptional service and sound legal advice. Call us today.

The Facts About Power of Attorney in Oregon

The Facts About Power of Attorney in Oregon

Written by George McCoy on . Posted in Estate Planning, General Law.

If you live in Oregon and think you may need a power of attorney, it’s important to first understand a few key facts about what a power of attorney in Oregon is and how it works. A power of attorney refers to a legal document that gives another person the power to act on your behalf in case of temporary or permanent incapacity.

At Warren Allen LLP, we want to support you and your family during all stages of life. Our experts are ready to unpack this legal concept so you can make an informed decision about how to best move forward if you (or a loved one) needs a trusted individual to manage finances, healthcare, or real estate. We understand the delicacy of the situation, so we’ve outlined the different types of power of attorney (POA) below and are ready to answer any questions you have regarding your next steps.

What Is a Power of Attorney in Oregon?

A signed power of attorney authorizes another person, called the “agent” or “attorney-in-fact,” to make financial, medical, or property decisions on the behalf of someone who is temporarily or permanently unable to sign necessary documents or make decisions on their own. The agent has the power to act on behalf of the “principal,” the subject of the POA, and can either make broad or limited legal decisions depending on the scope of their authority.

How Does a Power of Attorney Work?

Both the agent and the principal sign the legal document in the presence of a third-party witness. If an agent is given general power of attorney, they are legally able to make decisions on behalf of the principal in all financial matters allowed by the state of Oregon. If they are granted limited or special authority, then the agent can only make decisions on behalf of the principal in special situations or for a specific period of time. For example, if you are getting deployed, you can create a power of attorney for the duration of your deployment. If you set up a limited POA for one year, then the agent’s authorization concludes at the end of a year.

In most cases, a general or limited POA agreement will automatically end if the principal is no longer able to make decisions for themself. If you wish to keep your power of attorney in effect, even if you become mentally or physically incapacitated, you must sign a durable power of attorney. This will allow the agent to continue to act on your behalf even if your mental or physical health declines and you are unable to make decisions. Keep in mind, a principal can still revoke the agreement, and when they die, the power of attorney ends.

Additionally, a POA’s authority can be invalidated by a court if the agent and principal divorce or if an agent is unable to perform the responsibilities of their agreement.

Why Might I Need a Power of Attorney?

A principal may seek a trusted person to look after their health or finances in the event they become incapacitated. This can be due to illness, disability, the effects of aging, dementia, traumatic brain injury, or other impairments that affect a person’s mental capacity. It can also encompass service members who will be deployed and need someone to manage their finances and property while they’re overseas.

Aging parents may plan ahead by naming an adult child as their durable POA. When your mental health declines, and you’re no longer able to make decisions for yourself, your child (or other trusted agent) can make decisions for your healthcare and finances. You can elect to give one child general POA or give limited POA to multiple children, defining specific powers for different individuals.

Conversely, service members may prefer to limit the POA to a set period of time, making the authorization temporary.

What are the Different Types of Power of Attorney?

The two primary POAs are financial power of attorney and healthcare power of attorney (HCPOA).

Financial Power of Attorney

A financial POA gives an agent the authority to manage their financial and business affairs. This can range from paying bills to managing investments. They are required to act in the best interests of the principal and, to the best of their ability, carry out their wishes. Below are some of the key ways an agent can act on behalf of a principal’s financial interests:

  • Manage bank accounts—sign checks and make deposits, withdrawals, and changes to beneficiary designations
  • Pay bills
  • Manage investments and control financial portfolios
  • Manage insurance and annuities
  • File taxes
  • Deposit Social Security checks
  • Buy, sell, or lease property

It’s important to note that financial POAs can be categorized depending on their scope of authority:

  • General POA: An agent has broad legal authority to manage all finances allowed by the state of Oregon
  • Limited POA: An agent is only allowed to manage specific matters outlined in the agreement. This could limit an agent’s authority strictly to their property or the family business. It may even limit their authority to a certain number of years.
  • Durable POA: Takes effect when the document is signed and remains in effect even when the principal becomes mentally incapacitated. This is limited to financial affairs, such as paying medical bills. They cannot make medical decisions unless they have an HCPOA.
  • Springing POA: Takes effect only when the principal becomes incapacitated. The durable POA “springs” into effect if or when the principal is incapacitated to the level defined within the agreement.

Healthcare Power of Attorney

A healthcare POA, or health care proxy, authorizes an agent to make medical decisions on behalf of the principal. When you are no longer able to make your own healthcare decisions, your agent (typically a relative, spouse, friend, or lawyer) can make decisions about your medical care.

Do I need a Lawyer to Set Up a Power of Attorney in Oregon?

It is wise to seek the counsel of an attorney when setting up your POA. A POA involves some risk since it grants significant authority over your finances or medical care. POA abuse does exist; an attorney will work to protect your best interests as you name your agent.

Only appoint someone you trust, who understands and respects your wishes. Avoid new “best friends” who want to help out by managing your finances. Their aim may be to secure a POA to exploit your finances and act in their own interests by spending money on themselves, making crucial changes to your beneficiaries or retirement plans, or pressuring you to give them more authority. When you are ready, contact our experienced attorneys at Warren Allen LLP. We’ll help you name an agent you trust and protect your interests.

What Falls Under the Scope of Medical Malpractice Misdiagnosis?

What Falls Under the Scope of Medical Malpractice Misdiagnosis?

Written by George McCoy on . Posted in Medical Malpractice.

A medical malpractice misdiagnosis is a serious issue in the medical field, capable of causing severe consequences for patients and their families. If a doctor fails to properly diagnose an illness, the patient may be given unneeded, inappropriate, or delayed treatment that will permit the disease to progress unnecessarily. In some cases, a misdiagnosis can mean the difference between life and death.

Such errors are usually the result of negligence, a hurried evaluation, or miscommunication between doctors, causing their patients to suffer physically, psychologically, and financially. If the misdiagnosis occurs due to negligence, it can justify a case of medical malpractice. Malpractice requires solid evidence, expert witnesses, and direct causation between the actions of the provider and the patient’s injury.

Victims of a medical malpractice misdiagnosis should seek legal guidance as soon as possible. The experienced medical malpractice attorneys at Warren Allen LLP in Portland, Oregon, provide trusted legal resources to individuals in need of help in pursuing justice or compensation.

The Prevalence and Impact of Diagnostic Errors

A medical malpractice misdiagnosis typically comes with dangerous and long-lasting consequences. Doctors are both legally and morally bound to render an acceptable standard of care in treating and diagnosing patients. The standard is measured by what a reasonable medical practitioner in the same specialty would do under the same circumstances.

When a doctor fails to meet this expectation through negligence, such as failing to order necessary tests, misreading laboratory test results, or ignoring the patient’s symptoms, it may be the foundation for a medical malpractice claim. Misdiagnoses do not always qualify as malpractice, but a misdiagnosis that results from preventable lapses of reasonable judgement, resulting in injury to the patient, is a justifiable claim.

Patients who receive inaccurate diagnoses might be subjected to unnecessary treatments or simply not receive appropriate intervention when they need it, exacerbating current health problems or causing new ones. Aside from personal injury, diagnostic errors also translate into increased healthcare expenses, extended hospital stays, and decreased patient trust in the healthcare system overall.

To prove negligence in these instances, it must be demonstrated that a medical professional’s care fell below the acceptable standard. This is where expert witnesses are invaluable. These medical professionals review the case, decide whether the provider acted within the appropriate standards, and offer expert opinion on whether the misdiagnosis was a result of negligence or merely an unavoidable diagnostic issue.

Compensation to victims of negligent providers not only helps the affected patient, but it can also help in reducing the chance of similar mistakes being made in the future. While legal action cannot undo the harm of a misdiagnosis, it does provide a vehicle for making patients and families whole again, while encouraging greater accountability in the medical community.

Common Scenarios Leading to Medical Malpractice Claims

In some cases, medical malpractice misdiagnosis can be particularly harmful if a condition is not diagnosed in a timely manner. Delayed disease diagnoses, such as cancer, stroke, and infection, generally result in dire outcomes. Cancers can progress, lowering chances of survival. Stroke victims may lose the ability to fully recover, experience permanent disability, or even lose their lives if symptoms aren’t recognized quickly.

Misinterpreting symptoms is a highly common issue. Heart attacks, for instance, can be misdiagnosed as acid reflux or stress and patients released without serious attention. Neurological diseases like Parkinson’s or multiple sclerosis are sometimes misdiagnosed as stress disorders or migraines, delaying vital treatments.

Medical and Emotional Consequences of Misdiagnosis

A medical malpractice misdiagnosis has life-altering consequences, depriving patients of important treatment opportunities and leading to sometimes irreversible complications. In severe cases, the misdiagnosed patient may endure permanent disabilities or even death if they were not diagnosed correctly in time.

The financial toll of a misdiagnosis can draw expensive medical bills due to medications, hospitalization, and procedures that wouldn’t have been needed if the initial diagnosis was correct. Patients who are unable to work due to misdiagnosis can experience severe economic losses, heightening their suffering.

Apart from the financial burdens and physical stresses, misdiagnosis can be emotionally devastating to patients and their families. Developing anxiety, depression, or PTSD is common when victims learn their trust in a healthcare professional was misplaced. Some become afraid of visiting doctors in the future, fearing another mistake or no longer trusting the field. Family members also struggle with the pain of watching a loved one suffer unnecessarily, further eroding their confidence in the healthcare system.

The attorneys at Warren Allen LLP have extensive experience in medical malpractice misdiagnosis cases, offering professional guidance to victims seeking compensation.

Filing a Medical Malpractice Claim

Medical malpractice cases involve gathering vital medical records, consulting with experts, and often facing combative opposing legal counsel. Patients must acquire relevant documents, such as test results, physician’s notes, and treatment history, to establish whether or not the medical provider met the standard of care. Medical experts play a pivotal role in assessing whether another doctor in similar circumstances would have arrived at the same diagnosis.

To prove medical malpractice, four elements must be established: duty of care, breach of duty, causation, and damages. Duty of care is the expectation of a provider to treat a patient in accordance with a specified medical standard. A breach occurs when the provider fails to meet these standards. For example, failing to recognize symptoms or not conducting necessary tests. Causation means showing the injury is a direct result of misdiagnosis. Damages quantify the physical, emotional, or financial harm suffered by the patient.

Patients can reduce the threat of medical malpractice misdiagnosis by being proactive in their healthcare. Asking questions, seeking second opinions, and keeping good medical records all result in more accurate and timely diagnoses. Effective communication between patients and physicians is also important, as simple misunderstandings could lead to dire consequences. When a medical malpractice misdiagnosis leads to injury, a reputable law firm like Warren Allen LLP can provide much needed relief for victims. While no lawsuit can undo the harm of a misdiagnosis, compensation helps cover medical expenses, lost wages, and emotional distress while ensuring stricter medical guidelines are implemented, preventing similar mistakes from happening in the future.

What Kind of Records Should I Keep After an Oregon Car Accident?

What Kind of Records Should I Keep After an Oregon Car Accident?

Written by George McCoy on . Posted in Car Accident.

Car accidents can be disorienting, even small fender benders. That’s why it’s important to take a moment after the emergency has passed to understand what information and documentation you will need to gather in case you have to file an insurance claim or pursue a legal case. As experienced personal injury attorneys, the team at Warren Allen LLP knows exactly what kind of records you should keep after an Oregon car accident to protect your rights and facilitate a smooth claims process. We’ve prepared the comprehensive guide below to help you be prepared.

Police Reports

Even for minor accidents, it can be a good idea to call the police to document the incident. Make note of the responding officer’s name, badge number, and contact information as well as the police report number. Request a copy of the report from the local law enforcement agency (usually the city’s police department or a local sheriff’s department) once it has been filed.

Police reports are helpful because they officially record the details of the accident, including the location, time, and date, the names of all parties involved, citations issued (if applicable), and information about any eyewitnesses such as their names, contact details, and statements.

Insurance Information and Correspondence

Most likely, you will need to file a claim with your own insurance company as well as the insurance company of the other party or parties involved to help pay for car repairs, property damage, or medical expenses. Make sure you have a copy of your insurance policy, including the policy number, contact details, and coverage details.

After the accident, collect this same information from the other driver, if you can. You might also be able to find this information in the police report. If you or the other party involved have already filed a claim, make note of the claim number.

Oregon Traffic Collision and Insurance Report

In Oregon car accidents, you are required to submit an Oregon Traffic Collision and Insurance Report within 72 hours of the incident if:

  • Anyone was injured or killed
  • Your vehicle had damage over $2,500
  • Any property was damaged over $2,500
  • Any vehicle involved received over $2,500 worth of damage and any vehicle had to be towed from the scene due to damage

You may also file this report, even if your accident does not meet the above reporting requirements, if the other driver involved does not have insurance. Just be sure to note clearly on your report that the incident does not meet the reporting requirements.

Keep a copy of this report once filed.

Correspondence with Insurance Companies

Although it may seem tedious, it’s important to keep copies of all written or digital communication with insurance companies (both yours and the other driver’s) or any third-party adjusters who are working for those insurance companies. Keep all emails, letters, or forms that you send or receive related to the incident.

Also, if you speak with anyone on the phone, write down a phone log—time and date of the call, the name of the person you spoke with, and a detailed summary of what you discussed. Note that it is usually a good idea to speak with a personal injury lawyer before talking with the other party’s insurance adjuster or accepting a settlement offer.

Medical Records and Billing Information

If you suffered any injuries (including emotional or mental distress), be sure to request itemized medical bills for any hospital stays, doctor’s appointments, prescriptions, physical therapy, rehabilitation, necessary medical equipment (e.g., a wheelchair, neck brace, crutches, etc.), or other treatments. You should also ask your healthcare provider for copies of any medical records related to a diagnosis, treatment, or long-term care plan of injuries sustained from your car accident.

This medical information is essential, especially if you need to pursue legal action. Insurance adjusters or a judge might rely on these documents to verify the severity and extent of your injuries and to calculate your compensation for medical expenses, loss of wages, and pain and suffering. Understanding your recovery timeline, including whether future therapy or treatment will be necessary, could affect your claim.

Car Repair Estimates and Damage Assessments

As soon as possible after the accident, take clear pictures of your vehicle or any property that suffered damage. Include close-ups of any immediately visible damage. Make a list of all damaged items or property (e.g., parts of the vehicle, car seat, trailer, fence, mailbox, etc.).

Get detailed repair estimates, in writing, from licensed repair shops (or, in the case of property damage, from qualified contractors). You might check with your insurance company to see if they have a list of approved or preferred auto repair shops or appraisers.

Written repair estimates and damage assessments itemize potential repair costs and can be used to calculate appropriate compensation from an insurance company or in court.

Visual Documentation

Immediately after your accident, or as soon as it is safe to do so, document the scene through photos and videos on your smartphone or a camera. Photos of the scene of the accident and the surrounding area will show road and weather conditions, traffic signs, and the location of the vehicles involved. Document any visible injuries, including broken bones, bruises, cuts, or swelling as soon as possible.

Income and Employment Records

In some cases, you might need to prove loss of wages due to injury. Copies of recent pay stubs from before and after the accident, as well as any communication with your employer regarding sick leave or time off, will be helpful documentation to have.

Stay Organized and Get Help

Navigating insurance claims and deciding whether or not you need to pursue legal action after a car accident can be difficult. Understanding the kinds of records you should keep after an accident and staying as organized as possible can make the process a little bit smoother. When it comes to Oregon car accidents, the personal injury team at Warren Allen LLP has years of experience working with clients to protect their rights and file claims in court if needed. Contact us to schedule a free consultation to discuss your case.

What Is Full Custody in Oregon?

What Is Full Custody in Oregon?

Written by George McCoy on . Posted in Family Law.

When parents divorce, one of the most important decisions they will have to make is determining child custody arrangements. Custody decisions focus on factors such as the child’s relationship with each individual parent, the ability of the parents to communicate with both the child and each other, and the child’s physical, emotional, and psychological needs.

Though joint and shared custody are common, full custody in Oregon may be awarded when one parent is unable to provide proper care for the child. In these cases, the custodial parent becomes primarily responsible for the child and is able to make unilateral decisions regarding the child’s health and well-being. No two child custody cases are alike, but every custody decision is made with the goal of providing the most stable and supportive environment for the child.

Understanding custody laws can be overwhelming and complicated, especially during an emotionally charged divorce. Seeking professional guidance will help parents make informed decisions on their child’s behalf. In Portland, the attorneys at Warren Allen LLP have extensive family law experience, providing valuable legal advice for parents seeking full custody in Oregon.

Defining Full Custody

Full custody in Oregon, also known as sole custody, is when all decision-making rights for a child are awarded to one parent. This means the custodial parent has authority over every important aspect of the child’s life, without having to consult with the other parent. The other parent may still have parenting time or visitation rights, depending on the situation. Custody and parenting time are determined separately in Oregon.

It is different from joint or shared custody, where parents share these responsibilities. Even without custodial rights, the non-custodial parent may still be responsible for paying child support and contributing to other financial expenses related to the child, such as paying medical expenses.

The court usually grants full custody in Oregon if the other parent is unfit or cannot raise the child. Factors such as drug addiction, domestic violence, or neglect are all taken into account in child custody cases. The primary goal is always to ensure the best interests of the child, while prioritizing their safety, stability, and overall well-being. Full custody provides consistency, but it also comes with a significant burden, as the custodial parent is required to provide all decisions that affect the emotional, physical, and psychological well-being of the child.

Understanding the implications of full custody is imperative for any parent involved in a custody dispute. Legal advice can help guide parents through this complex process, ensuring the best outcome for their child. Experienced family law attorneys can provide their clients with valuable support, offering the necessary assistance to parents in negotiating custody arrangements.

Rights and Responsibilities of Full Custody

Full custody in Oregon gives the custodial parent absolute control over major decisions affecting the life of the child. This includes making choices about education, including selecting a school; healthcare, such as choosing medical providers and making decisions about procedures; and even extracurricular activities, such as enrolling the child in sports or other programs. In addition, this authority comes with the added responsibilities of maintaining a stable home environment and ensuring the child’s daily needs are met. It also involves supporting the child emotionally.

Although full custody gives one parent primary responsibility, in many cases, the non-custodial parent may still have parenting time or visitation rights. The non-custodial parent may also still be able to participate in certain decisions affecting the child; however, the custodial parent is usually not required to involve them in their decision-making process unless otherwise agreed upon or ordered by the court. The non-custodial parent’s level of involvement depends on the specific custody arrangement, but their participation in important decisions is significantly more limited than it is with joint custody.

How Courts Determine Custody Arrangements

Courts always try to prioritize the child’s best interests when determining custody arrangements. Rather than automatically awarding custody to one parent by default, judges typically consider a number of factors when deciding what’s best. These considerations include each parent’s ability to communicate and cooperate, the child’s relationship and comfort with each parent, the stability and support of each parent, and the physical, emotional, and psychological health of the child.

The court then evaluates which parent is best equipped to meet all the child’s particular needs. For instance, if a parent has a history of substance abuse or domestic violence, the court might determine that awarding them custody is not in the child’s best interest.

As we’ve mentioned, parenting time is determined separately. Full custody does not mean the other parent is not allowed to see the child. In fact, if both parents are able to provide a stable and loving home environment, joint or shared custody may be a more appropriate solution. Parenting time may actually be split 50/50 even if one parent has sole custody.

Each case is unique, and custody decisions are based on the parents’ and child’s specific circumstances and needs. By weighing these factors, both the parents and the court try to establish an arrangement that meets the child’s physical and emotional needs, whether that means full custody, joint custody, or another type of custody agreement.

Next Steps

Child custody cases are focused on meeting the needs of the child while considering both parents’ rights and responsibilities. Since full custody in Oregon gives one single parent decision-making authority, the court thoughtfully determines custody based on several variables, including the relationship between the child and both parents, the parents’ communication skills, and the child’s overall physical and emotional health. Ideally, parents, attorneys, and courts work together to create an appropriate custody arrangement that optimizes the child’s growth and happiness. Warren Allen LLP’s family law team provides experienced legal representation in divorce cases, custody disputes, and other family law matters, helping parents better understand their rights, while ensuring their children remain the top priority.

Personal Injury Settlement vs. Going to Trial: Is One Better?

Personal Injury Settlement vs. Going to Trial: Is One Better?

Written by George McCoy on . Posted in Personal Injury.

If you’ve suffered an injury from an accident caused by someone else’s negligence, you may be entitled to compensation for financial and emotional damages. Even though it can be a trying time while you recover from your injury, it’s important to file your claim as soon as possible so you can receive the money you may be owed. However, do not feel pressured to rush for a personal injury settlement without weighing all your options.

Should you resolve your personal injury case through a settlement or court trial? Each has its own advantages and disadvantages, so it’s important to examine each course of action as it relates to your particular claim. Ultimately, you should choose the route that maximizes the compensation you are entitled to without compromising your own comfort level in the process. What is most important to you? A higher reward? Faster resolution? Lower fees? Choose the route you are comfortable with that can best achieve your desired outcome.

At Warren Allen LLP, we understand it can be difficult to make the best decision in the aftermath of an accident. That is why our team of experts is ready to advise you every step of the way. Our firm is dedicated to representing your best interests so you can receive fair compensation and the best resolution possible.

Personal Injury Settlement vs. Going to Trial

Before we examine the pros and cons of opting for a settlement or going to trial, it’s important to first understand the difference between these two viable options.

A personal injury settlement is a formal agreement between the injured party and the at-fault party for an agreed-upon sum of money in lieu of going to court. The injured party drops their legal claim in exchange for financial compensation from the at-fault party. The injured party can receive compensation for financial and emotional damages, including, but not limited to, medical bills, lost wages, property damage, and pain and suffering.

This can happen anytime throughout the litigation process. The plaintiff’s lawyer sends a demand letter to the defendant’s lawyer detailing the amount of damages being sought and the documents justifying these demands. Both parties work toward an agreement through negotiations.

If your personal injury case goes to trial, both the injured and at-fault party present their claims before a judge or jury. Each side of the case is presented through testimonies and physical evidence. After opening statements, cross-examinations, and closing statements, the jury or judge reaches a verdict. Finally, a ruling is issued based on this verdict.

Now that you understand the basic differences between a personal injury settlement and going to trial, which one is better?

Pros and Cons of a Personal Injury Settlement​

When you decide to settle out of court, you can benefit from a faster resolution so you can receive your compensation sooner. This can save you the hassle of lengthy, drawn-out proceedings that may delay payment and generate more stress. An attorney may advise settling to save you the emotional stress of reliving a painful memory in a public court. When you settle, you can ensure your own privacy with a speedier resolution, recoup losses faster, and focus on what matters most: healing.

When you settle, you are not giving up control to an uncertain outcome determined by a judge or jury. You have the power to negotiate the terms and compensation amount, providing more certainty and less risk. You are guaranteed compensation and can negotiate a favorable outcome. You can also avoid costly court fees.

Keep in mind, however, there is potential for lower compensation. To avoid going to trial, the injured party may need to accept a lower amount. While the amount may be less than the result of winning a trial, it is guaranteed. If your case goes to trial, you risk walking away empty-handed. On the other hand, a lower settlement may not fully cover your damages, and all settlements are final. You cannot renegotiate if your injuries worsen.

Pros:

  • Faster resolution
  • Less risk with certain outcomes and guaranteed compensation
  • Lower costs in legal fees, court costs, and lost time at work
  • Confidentiality

Cons:

  • Potential for lower compensation
  • No guarantee of fairness
  • No renegotiations
  • No public accountability

If you believe the settlement amount is unfair, you could benefit from going to trial.

Pros and Cons of Going to Trial

Insurance companies often attempt to minimize the amount you receive for your personal injury settlement. If you take your claim to trial, an impartial judge or jury determines the outcome. If you have a strong case with clear evidence pointing toward negligence, you may be awarded significantly higher compensation. You may also be awarded additional compensation for pain and suffering.

Court trials can also provide justice for the injured party. The at-fault party is not only deemed liable but found “guilty.” There is now a public record of their negligence, and it may deter repeat offenses. Going to trial can provide accountability for the negligent party and transparency for the victim and the public. It can also set a precedent for similar cases in the future, possibly preventing further wrongdoing.

Though there may be greater potential for higher compensation, it’s not guaranteed. You can walk away with more, less, or nothing at all. Trials are not only unpredictable but also expensive. This can add financial stress on top of the emotional stress of going to trial. Be prepared for the trial to take up to a year or more to get started after the demand is initially filed.

Pros:

  • Potential for higher compensation
  • Potential for a fair outcome and justice for the injured party
  • Public record creates accountability and transparency

Cons:

  • More expensive than settling
  • Can be stressful for everyone involved
  • More risk with unpredictable outcomes
  • Lengthy process from pre-trial discovery and depositions to the trial itself and possible appeals
  • Lack of privacy with public records

The Bottom Line

Each case is different. Your legal expert at Warren Allen LLP will help you decide when you can benefit from settling or when it is advantageous to go to trial. Contact us today to receive sound legal advice and learn what your options are. Your personal injury attorney will protect your best interests, whether that’s settling out of court or in.

What Is Medical Negligence According to Law?

What Is Medical Negligence According to Law?

Written by George McCoy on . Posted in Medical Malpractice.

Medical negligence law refers to the rights of a patient who has suffered from an action, inaction, or an omission made by a healthcare provider who failed to meet the accepted standard of medical care. Misdiagnosis, surgical malpractice, pharmacological errors, and infections can cause injury, disability, or even death.

Medical negligence law establishes responsibility and safety for the patient while promoting transparency and building trust between the patient and the medical provider.

Equipped with extensive knowledge regarding medical negligence law and dedicated to upholding justice, we’ve put together this guide to help victims understand their rights and know when to seek compensation.

Defining Medical Negligence

Medical negligence and medical malpractice are often mistakenly used interchangeably. Although similar and often intertwined, they have different meanings within the context of medical negligence law. Negligence specifically refers to when a healthcare professional has not acted within the accepted standard of care, resulting in accidental harm to the patient. This can include misdiagnosis, treatment errors, or mismanagement of a patient’s condition.

Medical malpractice, on the other hand, occurs when the medical practitioner is aware of the potential harm their actions could cause before the mistake is made. The legal difference between medical negligence and malpractice is subtle, but a skilled medical malpractice attorney can help you determine which your case falls under.

Although the definition of medical negligence varies slightly from jurisdiction to jurisdiction, courts generally require proof of four elements in order to establish liability: duty, breach of that duty, damages, and causation of those damages. This legal framework helps identify when a patient or loved one may have been a victim of medical negligence.

Types of Medical Negligence

Medical negligence can take on numerous forms, each with its different challenges. Negligence in diagnosis could be in the form of misdiagnosis or failure to diagnose a condition, which may result in inappropriate or delayed treatment and aggravation of the patient’s condition. Surgical negligence includes operating on the wrong site or leaving instruments inside the body, which might cause permanent injury or even death. Medication errors include improper dosages or administration that can lead to severe reactions or even fatal overdoses.

Another important concern is the lack of informed consent, where a medical professional does not sufficiently inform the patient of the risks involved in a particular treatment or the alternatives available. Essentially, this denies the patient their right to make an informed decision regarding their care.

Due to the multiple forms of medical negligence, seeking professional legal representation and guidance is of the utmost importance.

Establishing Medical Negligence

In legal cases, the plaintiff, or victim, has the burden of proof. In medical negligence claims, the plaintiff needs to establish that the action of a healthcare provider has fallen below the accepted standard of care. As mentioned above, the plaintiff must prove four elements to establish liability. Proving the duty and breach of duty are essential to establishing medical negligence

  • The duty itself is defined as the obligation of a healthcare provider to meet the accepted standard of care; usually, that standard of care is established through expert testimony.
  • A breach of duty is when a medical professional fails to meet or departs from the standard of care, resulting in damages. Expert testimony by medical professionals who specialize in the same field as the defendant can help establish the standard of care and demonstrate exactly how the actions of the provider in question breached that standard.

Detailed documentation is also key in establishing negligence. Medical records provide evidence of care that could determine the standard of care, breaches of such standards, the extent of the damages or injury, and even help establish causation. Poor recordkeeping or inaccurate or missing records could make it more difficult to prove negligence. Each of these factors is critical in the search for justice and compensation.

Common Defenses

The most common defenses in medical negligence cases include challenging the plaintiff’s version of events, explaining the reasonableness of the medical professional’s actions, or even challenging the extent of damages incurred. The anticipation of such defenses better arms the plaintiff in presenting a strong case.

Healthcare providers often have medical malpractice insurance that covers compensation awarded in medical negligence claims. As such, it is essential for victims to work with experienced attorneys who understand the complexities of medical negligence law and can effectively negotiate with insurance companies to secure fair compensation.

The experienced attorneys at Warren Allan LLP understand the intricacies of medical negligence law, enabling them to present medical evidence in an articulate manner while supporting the rights of their clients as they pursue fair compensation.

Damages and Compensation

In medical negligence cases, victims may be entitled to various types of damages, including economic, non-economic, and punitive damages. Economic damages compensate for tangible losses, such as medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses incurred due to the healthcare provider’s negligence. Non-economic damages, on the other hand, offer compensation for intangible losses, including pain, suffering, emotional distress, loss of enjoyment of life, and other non-monetary losses. Punitive damages are less common and are intended to punish healthcare providers for either intentional or reckless conduct.

The compensation awarded in medical negligence cases is influenced by various factors, including the severity of the harm suffered, the extent of the victim’s losses, the jurisdiction in which the case is brought, and the strength of the evidence presented. In some cases, the victim’s own actions, or lack of, may also impact the amount of compensation awarded. For instance, if a victim fails to follow a prescribed treatment plan, it may be argued that their actions contributed to their harm, potentially reducing the amount of compensation awarded.

The Bottom Line

Medical negligence is a complex issue with significant consequences for victims and their loved ones. Understanding medical negligence law and establishing medical negligence allows victims to better protect their rights. Shedding light on medical negligence empowers individuals and their loved ones to advocate for their rights and interests and helps to promote a safer, more accountable healthcare system overall. If you or a loved one believe medical negligence may have occurred, it is essential to seek legal advice as soon as possible. The attorneys at Warren Allan LLP are committed to advocating for victims of medical negligence, working tirelessly to ensure injured parties receive the maximum compensation available under the law.

Is Hiring a Medical Malpractice Lawyer Necessary?

Is Hiring a Medical Malpractice Lawyer Necessary?

Written by George McCoy on . Posted in Medical Malpractice.

A medical professional’s negligence or recklessness can result in disastrous consequences. Victims may incur physical injuries, emotional trauma, and financial burdens, changing the course of their lives forever. When seeking justice in Oregon, the gravity of these situations makes it necessary for a victim to hire a medical malpractice lawyer in Portland. A good lawyer will explain their client’s rights, offer advice, organize evidence, and build a strong case.

From surgical errors and misdiagnoses to medication mistakes and hospital-acquired infections, medical malpractice can manifest in many forms. According to the National Institute of Medicine, medical malpractice ranks as the third leading cause of death in the US. The emotional toll can be severe, leaving victims feeling vulnerable, angry, and betrayed. Victims of medical malpractice also have to cope with massive medical expenses, loss of wages, and rehabilitation costs.

Retaining counsel can help alleviate stress and help you secure fair compensation for your financial burdens. At Warren Allan LLP, our seasoned medical malpractice lawyers in Portland provide guidance, support, and advocacy for the duration of the process, holding healthcare providers accountable and supporting transparency within the medical community.

The Complexity of Medical Malpractice Cases

Medical malpractice cases in Oregon involve elaborate laws, regulations, and medical standards. Certain laws and regulations specific to the state may be difficult to understand, making the assistance of a skilled medical malpractice lawyer in Portland vital.

For instance, the statute of limitations for medical malpractice in Oregon requires that victims file their claims within a two-year period from the date the injury is identified. However, when the injury should have been identified may also factor in, and there is a statute of repose in addition to the statute of limitations. The attorney’s understanding of these laws will help them meet the required deadlines and ensure your rights are protected.

Experienced medical malpractice lawyers also analyze complex medical records, identify possible breaches of medical standards, establish timelines of events, and build strategies to establish strong cases. Medical malpractice litigation is complicated, requiring expertise and attention to detail. A good lawyer will aggressively fight for justice on your behalf and protect your voice and could make all the difference in receiving fair compensation.

Evidence in Medical Malpractice Cases

As in any legal case, evidence is a key element in proving liability and damages. A medical malpractice attorney in Portland can make or break a case with their ability to present evidence effectively. The records will reflect valuable information regarding your history, treatment course, and prognosis. Expert testimony aims to establish the standard of care and whether it was breached.

Medical malpractice lawyers gather and present evidence on behalf of their clients. They work with medical experts, interview witnesses, and use visual aids to explain complex medical concepts more clearly. When presenting evidence, they know how to make it relatable, memorable, and compelling to judges and juries, using storytelling techniques, effective persuasion, and clear explanations.

Warren Allen LLP’s experienced medical malpractice lawyers help their clients receive positive results and win fair compensation for damages, providing justice for victims.

Advocating for Fair Compensation

Retaining a seasoned medical malpractice lawyer in Portland is imperative when claiming medical malpractice in the area. A skilled lawyer can help you receive fair compensation for injuries, money losses, and emotional impact. Fair compensation acknowledges all levels of suffering and provides victims with resources to rebuild their lives.

Determining just compensation involves factors such as medical expenses, lost wages, pain and suffering, and emotional distress. Medical expenses include both past medical expenses and expected future expenses related to the malpractice, which will be used to determine a settlement for the injury or condition. Lost wages are those that victims would have earned when they were not injured. Pain and suffering, together with emotional distress, both involve how a victim’s quality of life has been affected.

Experienced medical malpractice attorneys are aggressive advocates who fight for fair compensation. They build cases by collecting and presenting evidence, negotiating with defendants, and taking claims to mediation and, if necessary, trial in order to bring their clients fair settlements. With the services of a competent medical malpractice lawyer, you can rest assured that your rights and interests will be protected and that your representation will do what’s necessary to help you receive the compensation you deserve.

Finding a Medical Malpractice Lawyer

If you or a loved one has been the victim of medical malpractice, it’s important to take action as soon as possible. A medical malpractice lawyer will provide guidance, support, and advocacy on your behalf. A skilled attorney will also help you understand your rights, gather evidence, and build a strong case against the healthcare provider to hold them accountable for their actions. Malpractice cases are often bitterly complex, necessitating a great deal of knowledge concerning both medical and legal aspects.

A qualified medical malpractice lawyer should show professionalism and dedication to clients. Compassion and empathy are important in this field, especially since victims of medical malpractice usually need an understanding ear. A good medical malpractice lawyer will also have great communication skills, be responsive to the needs of clients, and have a proven record of success.

In medical malpractice, justice and accountability need to be sought with sensitivity. The circumstances affecting victims can be devastating, and pursuing fair compensation based on their various losses and injuries can be difficult to prove. A medical malpractice attorney plays a major role in securing a just outcome, as well as supporting victims by providing professional expertise, advice, and the advocacy necessary for success. If you or someone you know is a victim of medical malpractice, contact a reputable medical malpractice lawyer in Portland as soon as possible. The experienced attorneys at Warren Allan LLP understand the intricacies of medical malpractice cases and are dedicated to serving and advocating for their clients to the highest degree. Remember, seeking justice and accountability is your right, and with the help of a skilled medical malpractice lawyer, you can receive fair compensation and the closure you deserve.

How Is Property Division Handled in a Divorce in Oregon?

How Is Property Division Handled in a Divorce in Oregon?

Written by George McCoy on . Posted in Family Law.

Asset division during divorce can feel overwhelming, especially when considering the emotional and financial importance certain properties have. This often has long-lasting effects on the lives of both spouses and is further complicated by such factors as debt, taxes, and monetary spousal support. Because of the complexity of Oregon divorce laws, the division of property should be approached with caution and attention to detail.

Property division is often one of the most complicated and sensitive issues in the divorce process. An understanding of the laws of equitable distribution is necessary. Because this is such a nuanced approach, it’s wise to consult with an experienced, trusted family law attorney, such as those at Warren Allen LLP.

Overview of Oregon Divorce Laws

Oregon’s divorce laws are based on the principle of equitable distribution. This is where marital assets and debts are divided fairly and justly, however, not necessarily equally. In Oregon, the court uses various factors to determine a fair division of property.

The process of distributing assets and debts involves making lists and evaluations of marital assets and debts and can be affected by such factors as the marriage’s length or each spouse’s income and earning capacity. Assets and debts may be treated differently based on whether they were obtained prior to or during the marriage or received as inheritances or personal gifts.

Due to the complexity of Oregon divorce laws and the high stakes of the results, the assistance of legal representation should be strongly considered.

Dividing Assets During a Divorce in Oregon

When distributing assets during divorce in Oregon, the main interest of the court is to equitably and justly divide the marital property. To do this, the court has to determine what each asset is worth, typically using such factors as fair market value, original purchase price, and appreciation in value over time. Real estate, retirement accounts, investments, and automobiles are a few examples of such assets.

Real estate, for instance, is valued based on what it’s worth on the current market, minus outstanding mortgages or liens against it. Retirement accounts are typically equitably divided based on present value and considering the age and life expectancy of the owner of the account.

Oregon divorce laws provide a general framework for the division of assets, but each case is unique, and the court’s decisions are based on specific circumstances. Consulting with an experienced family law attorney can help you better understand your rights with regard to asset division and ensure that your interests are represented throughout the divorce process. Don’t risk losing your fair share of the marital assets simply due to a lack of knowledge.

Dividing Debts During a Divorce in Oregon

In Oregon, the division of debt in the case of divorce holds as much importance as assets and can be just as complex. The state law divides debts according to their incurrence and based on who incurred the debt, who enjoyed the fruit of it, or whether its purposes are marriage-related, individual, or related to a dependent. For instance, individual education loans are going to be treated differently than home loans held in the name of both spouses.

Different types of debts are also divided differently. Secured debts, like mortgages and car loans, are often divided based on the underlying asset’s value and remaining loan balance. Unsecured debts, like credit card debt and medical bills, may be divided based on each spouse’s income and earning capacity.

Addressing debt division during divorce is critical, as failing to do so can lead to financial consequences and credit damage for either or both parties. It’s important that all the couples’ debt is accounted for. If you are unsure where money might be owed, look through your bills, talk to potential creditors, and run a free credit report so you can create a complete list.

Additional Factors That Influence the Court’s Decisions

In addition to the factors already mentioned—the duration of the marriage, current income, and earning capacity of each spouse—Oregon courts take several additional things into account when deciding on the division of assets and liabilities.

Ultimately, the court seeks to provide a reasonable standard of living for each spouse after the divorce. So financial needs and resources, based on age, health, and education level, are also taken into consideration. For example, a spouse who has been absent from the workforce to care for the children may be awarded more financial support. Tax implications and spousal support, in addition to child support, are other relevant equities on which the courts may make decisions for just and equitable division.

Marital resources involve many ambiguous factors, making it all the more important to work with a qualified family law attorney to help you secure your financial future and protect your rights.

Next Steps

A solid understanding of Oregon divorce laws is a must for a fair and equitable outcome in your divorce. The principles of equitable distribution, factors influencing court decisions, and the importance of addressing debt division must all be considered. The complexities of property division alone can be overwhelming, but seeking advice from a qualified attorney can provide much-needed guidance and reassurance.

At Warren Allen LLP, our experienced lawyers are committed to providing individuals with skilled help through difficult divorce issues, such as property division, custody negotiations, spousal support, and securing financial futures. Being a valued source of knowledge and advice in matters related to divorce laws, we invite you to call or contact us today for a consultation.

Divorce is a monumental life decision and a process that should be well thought out. A better understanding of Oregon divorce laws, along with professional advice, will help safeguard your rights and interests for an easier transition into the next phase of your life.

Who Do I Call After a Car Accident in Oregon?

Who Do I Call After a Car Accident in Oregon?

Written by George McCoy on . Posted in Car Accident.

No one expects to get in a car accident, but having a plan in case a collision happens can take some of the stress out of the actual event and make navigating the experience easier. In particular, it’s important to know the steps to take and who to call following an accident. Responding proactively can help you prioritize the health and safety of the people involved and ensure everything is documented properly.

This guide will cover the essential contacts to make following a car accident in Oregon to ensure safety, compliance, and proper documentation. Whether you live here or are just passing through, understanding the proper protocols will give you a head start in terms of both meeting your responsibilities and protecting your rights.

Notify Law Enforcement

Your first call after getting into an accident should always be to law enforcement. Depending on the severity of the crash, you can call emergency services or contact a non-emergency police phone number to report the accident. Once they arrive, officers will help ensure your vehicle and others involved are out of harm’s way by directing traffic, and they’ll help facilitate the exchange of contact and insurance information between the drivers.

Law enforcement will also fill out an Oregon Police Traffic Accident Report. This report will be an unbiased, publically available statement documenting the details of the crash, including the location where it happened, the time of the accident, vehicle damage, whether there are injuries, weather conditions, the contact and insurance information of those involved, driver or passenger factors involved, and so on. Having a police report may help establish liability in a collision, which can be valuable when you seek compensation for damage or injuries.

Request Medical Assistance

If anyone involved in the accident needs medical attention, request an ambulance when you notify law enforcement. Injuries sustained in accidents are not always immediately apparent, so even if you and your passengers feel fine after the accident, you may want to obtain a medical assessment in the next day or two to ensure nothing is missed. An assessment will also provide clarity as to whether or not you need to fill out an accident report with the DMV (more on this in a moment).

Contact Your Insurance Provider

It’s incredibly important that you report the accident to your insurance company as soon as possible after it happens. Typically, this involves simply notifying them you were involved in a car accident and providing them with the insurance information you collected from the other drivers involved. Some insurance companies even allow clients to report accidents right from an app.

You should not need to interact with the other driver’s insurance company; that is for your insurance company to do on your behalf. If another driver’s insurance company contacts you, it is your right—and usually in your best interests—to decline to provide information, even if they are simply looking for a statement “for the record.” The intent behind that request is to gather information that could be used against you in the future.

Report the Accident to the DMV

According to Oregon law, you must submit an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours of a crash if the crash meets the mandatory reporting criteria. A report must be submitted if damage to any vehicle is over $2,500; damages are over $2,500 and any vehicle is towed from the scene; injury or death resulted from the accident; and/or there was damage to property other than a vehicle over $2,500. If the damages are less than $2,500 but the other party does not have insurance, you can report the accident to the DMV.

When you submit the report, you will have to include identifying information, details about the crash and the vehicles involved, and your insurance information.

Seek Legal Assistance

If you were injured in the accident, you should also seek legal assistance. An Oregon personal injury attorney can help you determine if you have enough evidence for a case and, if so, help you build that case. For instance, you may have a valid case for personal injury if you were injured in an accident and were not at fault for the accident or if your car incurred physical damage in addition to the injuries you sustained.

Personal injury attorneys are experts at navigating personal injury cases after car accidents in Oregon. They speak to the insurance companies involved, fill out the necessary paperwork, and negotiate on your behalf so that you can continue recovering and carry on with your life. According to Oregon law, you have two years from the date of the accident to file a personal injury case.

Communication and Documentation

Knowing who to call after a car accident will help you successfully navigate the process of reporting and documenting the accident and ensure your health and safety are a priority. As you make these calls, be sure to relay clear, consistent information about the circumstances of the accident, the drivers and passengers involved, any witnesses to the accident, damages to all vehicles involved, and any injuries.

Keep written and photo documentation of injuries and damages as well, including medical records and repair bills. You might consider keeping a journal throughout the process as well so no important details are missed or forgotten. Communicating details clearly and having the necessary documentation readily accessible will help you and your attorney build a valid case for due compensation. Let Warren Allen LLP help you get the compensation you deserve. Insurance companies will attempt to minimize the amount of compensation that you receive, and that’s where we come in. If you have been in a car accident in Oregon and sustained injuries or damages to your vehicle, contact us and get the help you need.