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Category: Car Accident

What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

Written by George McCoy on . Posted in Car Accident. No Comments on What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

Getting injured in a car accident is an unfortunate reality for many people. In 2022 alone, the cost of motor vehicle-related injuries in the United States was 5.2 million. Often, the driver at fault’s insurance company will pay some financial compensation for lost wages or medical bills to the injured party, but what happens if the driver at fault doesn’t have car insurance? Is there any way to recoup some of your losses? 

Although the process is more challenging, there are some financial and legal options available to someone injured by an uninsured driver. For instance, when you buy car insurance in Oregon, you must carry a minimum amount of uninsured motorist coverage and personal injury protection included on your policy. Both types of coverage provide some protection if you’ve been injured in an accident with an uninsured driver. Aside from these available financial options, you may also pursue legal action against the driver. 

The guide below provides additional detail about potential courses of action you could take to get compensated if you are injured by an uninsured driver and any challenges you might face. A significant first step is to find a reputable personal injury lawyer with experience in your area, such as the attorneys at Warren Allen LLP. They can give you expert legal advice on how to move forward with your specific case. 

Financial Compensation Through Your Insurance

If you are injured in a car accident (as a driver, passenger, or pedestrian) but the person responsible does not have car insurance, you can file a claim with your car insurance in Oregon. Certain health insurance policies may also cover some of your medical costs. In either case, check with your insurance agent before filing a claim to see what type of coverage you have.

Uninsured Motorist Coverage

As the name suggests, uninsured motorist coverage protects you if you’re involved in an accident with another driver who does not have insurance. Depending on your insurance policy, you might be entitled to compensation for financial costs like medical bills or lost wages and other damages like pain and suffering up to your coverage limits.

Although the minimum limits required by law are $25,000 per person and $50,000 per accident (for you and your passengers) and only cover bodily injury, you can choose to increase your coverage with your insurance company and add coverage for property damage.

Personal Injury Protection (PIP)

Personal injury protection coverage from car insurance in Oregon provides financial compensation for certain costs, no matter who is at fault. Whether you were a driver or passenger of a car or even if you were a pedestrian struck by a vehicle whose driver did not have insurance, you can claim up to $15,000 for immediate medical, dental, and surgical costs as well as loss of wages, childcare needs if a parent requires hospitalization, and essential services like housecleaning and meals if you are incapacitated for a time.

Navigating Insurance Claims

So what should you do if you’ve been involved in an accident with an uninsured driver, and how do you file a claim with your car insurance in Oregon?

The first step after an accident is ensuring everyone is physically safe. Move to the side of the road away from traffic, and if anyone is severely injured, call for emergency services. Also, contact authorities to report the incident. 

Collect information from the other driver, including contact information, license plate, vehicle make, model, and year if you can. Take pictures of damage, the surrounding area, or anything relevant to the accident, such as weather or road conditions. Try to talk to eyewitnesses and get contact information from them as well. 

To file a claim for uninsured motorist or personal injury protection compensation, contact your insurance company as soon as possible to report the accident. Provide as much documentation as quickly as possible, including police reports, eyewitness accounts, pictures, medical bills and diagnoses, repair estimates, etc. As noted earlier, your car insurance coverage limits will determine how much financial compensation you can claim.

Your insurance company will investigate the accident to assess fault and determine damages. They will then offer a settlement based on their findings and your policy’s limits. If you feel the settlement is unfair or insufficient, you can try to negotiate with your insurance company through an arbitrator. You can also hire an attorney to look over your settlement for you and negotiate with your insurance company on your behalf.

Pursuing Legal Action Against the Uninsured Driver

Whether or not you choose to file a claim with your car insurance in Oregon, you can also consider pursuing legal action against the at-fault driver. One of the most significant challenges you will likely face is that uninsured drivers usually lack the financial resources to pay any judgment you might win in court. So, even if your case is strong, you will likely find it difficult to recover any court-awarded damages.

If you are seeking only a small amount, for instance, less than $750, you can also look into filing a claim in small claims court, which is a more straightforward process. When you’ve been injured in an accident with an uninsured driver, it can be incredibly stressful, so getting professional advice and help can make it easier to focus on your recovery. One of the best ways to navigate the process of working with your car insurance in Oregon or filing a personal injury lawsuit in court is to talk to an experienced personal injury lawyer. You can schedule a consultation with the personal injury team at Warren Allen LLP to go over your case and talk about your next steps. Don’t wait. Get help today.

Choosing the Right Personal Injury Lawyer for Your Case

Choosing the Right Personal Injury Lawyer for Your Case

Written by George McCoy on . Posted in Car Accident, Personal Injury. No Comments on Choosing the Right Personal Injury Lawyer for Your Case

It can be a frightening place to be when you or a loved one are hurt, and then you have to navigate a legal case on top of the healing process. How do you know when to get a personal injury lawyer involved and how to pick the right one when you do? For many, legal issues can be daunting.

Here at Warren Allen LLP, Attorney at Law, we know Oregon personal injury law better than anyone, and we want to help you feel confident when hiring your personal injury lawyer. We have compiled some excellent tips on choosing the right personal injury lawyer for your case.

When Do You Need a Personal Injury Lawyer?

If you have been injured because of someone else’s negligence or wrongful actions, you might struggle with financial difficulties caused by missed work and medical expenses. Recovering compensation for these damages can be challenging, but a personal injury attorney can provide valuable assistance.

Personal injury attorneys handle a range of cases, including car accidents, slips and falls, medical malpractice, workplace injuries, product defects, dog bites, wrongful deaths, and nursing home abuse. They possess the necessary expertise to navigate legal procedures, gather evidence, negotiate with insurance companies, and represent clients in court to secure the compensation they deserve for their injuries and losses.

What To Look For

Look for References

When you hire a professional to do a job for you, you should look at their references and track record. Finding the right lawyer is not an exception. Many people have worked with a personal injury lawyer, so ask family, friends, and coworkers.

Both good and bad experiences can be helpful, but any good experiences will help you build a list of which lawyers to research further. You can also check sites like Martindale for peer reviews of law firms and individual lawyers.

When looking for a lawyer to handle your personal injury case, it is also good to consider their place of business. It’s a good practice to select a lawyer who operates from a professional office, as personal injury cases can be complex and require meeting numerous deadlines. A professional office indicates that the lawyer has efficient processes in place to handle their workload.

A messy office won’t necessarily mean they are a bad lawyer; many attorneys have piles of files in their offices. However, your lawyer should be punctual for meetings and quickly respond to your inquiries.

Experience

You want to make sure that you are working with someone with experience in personal injury law and who has successfully gone to trial. Having an experienced expert in Oregon personal injury law can relieve you of the stress of handling your own case and ensure you get all you are owed.

The liable party will often try and settle outside of court for much less. Ultimately, it is up to you to decide if the settlement is what you deserve. With an experienced lawyer on your side, they can help you navigate this tricky world and help you take your case to trial.

Finding someone with a track record of successful negotiations and litigation is also important. While most cases are settled out of court, having an attorney with experience taking cases to a jury verdict is important. In order to assess their success rate, you can ask the attorney directly. If they do not provide this information when requested, it may be a sign that their success rate is not high.

Working on Contingency

It can be a lot to handle when healing and working to get your case to trial. If you have been injured and need legal assistance but are not working or earning income, the cost of a lawyer can be concerning. Typically, lawyers charge hundreds of dollars per hour for their services, which may be beyond your budget.

However, there is good news: many personal injury lawyers work on a contingency basis, meaning they will take payment once you receive the payout from your case. The contingency fee is usually 40% or less of the final settlement amount. You want to seek out a lawyer who charges within this range. The best lawyers will include legal fees in the final settlement to ensure you receive the maximum compensation possible.

When starting your search for a lawyer, ask for a consultation with those who have passed your initial research. Most personal injury lawyers should offer free consultations. During an initial consultation, a possible client will meet with a lawyer to assess the strengths of their personal injury case and see if the lawyer and client can work together.

Communication

Especially when it comes to a personal injury case, communicating effectively with your lawyer is important for the best outcome. You must ensure they listen to your concerns and explain concepts clearly to give you confidence that your input will be considered before any significant decisions are made. Your satisfaction with their approach will depend on their willingness to understand your perspective, and their ability to explain the progress of your case will help you make informed decisions. Effective communication can also reduce the stress of the process. Having a good rapport with your personal injury attorney means they should respond to your inquiries, clarify things in a way that’s easy for you to understand, and have your best interests at heart.

If you need legal representation for personal injury, it’s important to consider several factors when choosing the right lawyer. Knowing what to look for can simplify the process.

At Warren Allen LLC, we have specialists in Oregon personal injury law and are dedicated to assisting you every step of the way. If you or a loved one requires legal representation, do not hesitate to contact us. We will work tirelessly to ensure that your rights are protected, and that you receive the compassionate care you deserve.

How To Prepare for a Personal Injury Deposition

How To Prepare for a Personal Injury Deposition

Written by George McCoy on . Posted in Car Accident, Personal Injury. No Comments on How To Prepare for a Personal Injury Deposition

If you have been injured in an accident and have filed a personal injury claim, you may have to give a deposition. Though it is an important step in building a personal injury case, there are ways to prepare for an effective deposition. Preparation is key, as a deposition is an opportunity for both parties’ attorneys to gather evidence. Your attorney is your ally and will be with you throughout the entire process.

It’s natural to have questions regarding your personal injury deposition. You may wonder how to prepare for a deposition or even what a deposition is. The more comprehensive your preparation, the more effective your deposition is toward a positive outcome.

Below is a guide to help you understand what to expect and how to prepare:

What Is a Deposition?

Before delving into how to best prepare, it’s essential first to understand what a deposition is. Depositions typically occur in an attorney’s office and are recorded by a court reporter responsible for providing transcripts. A witness (deponent) is asked questions under oath by the attorneys to preserve the witness’s testimony and gather facts about what the witness knows. The attorneys use this information to gather evidence and prepare for trial.

Lawyers from each side are present and have opportunities to ask questions. It’s important to answer these questions carefully and truthfully; the deposition could be used in court, and false statements can have civil and criminal penalties. Under most circumstances, a deponent is obligated to answer all questions. Your attorney will search out favorable evidence, while the opposing attorney will seek evidence favorable for their client. The preparation leading up to your personal injury deposition will better ensure you are not surprised by their questions and are poised to answer truthfully and cautiously.

Review the Facts

One of the best ways to prepare for a deposition is by reviewing the facts of your case with your attorney. You must answer questions correctly and accurately. Review pertinent details surrounding the accident, any injuries, and treatment received. You’ll need to include what happened and the timeline of events and resulting injuries or pain and suffering.

Make sure to review the strong points of your case. Is the defendant liable? How have the injuries affected your life? Think through the injuries and how they impact your daily life. Record your experience, keep detailed notes, and review statements and medical records. The opposing attorney will try to poke holes in your case, but your attorney can help you understand how to answer questions meant to discredit your testimony. Reviewing the facts of the case keeps these facts at the forefront of your memory. It enables you to answer truthfully without allowing the opposing attorney to confuse the details with leading questions.

Listen Carefully and Pause Before Answering

Listen to the entire question before answering. It’s essential to fully understand the question before answering. Listen, pause, then answer. Pausing allows you time to think through your response and allows your attorney to object if necessary.

If you do not understand, ask for clarification. Don’t answer a question you don’t understand, as this can lead to false information or misrepresenting the facts. If you are in doubt, ask for clarification or rephrasing. If you did not hear the question, ask the attorney to repeat it. Remember to stay calm; you have a right to understand each question, and taking the necessary time is okay.

Don’t Volunteer Information

Only answer the question that is asked. Once you answer, stop talking and wait silently. Though you are under obligation to answer asked questions, you are not obligated to explain your answer unless explicitly asked to. Answer the question that is asked and refrain from volunteering additional information.

Keep your answers brief, and refrain from adding information that the attorney did not request. If an attorney needs an explanation, they will ask for it. If the answer is a simple “yes,” then respond with “yes” and quietly wait for the next question.

Answer Truthfully

A personal injury deposition is under oath, so you must answer truthfully. Lying or trying to distort the facts in your favor can harm your case. Answer truthfully and keep to your original answer. Changing your testimony can be detrimental. If the opposing attorney repeatedly asks similar questions, keep to your testimony. They can use this tactic to sway your testimony so you eventually give a different answer.

If you do not know the answer or don’t remember, simply say so. “I don’t know” or “I don’t remember” are acceptable and appropriate answers. If you are unsure about a particular detail, don’t guess or make assumptions, as this can harm the case. If you genuinely don’t know or cannot remember, respectfully say so.

Communicate With Your Attorney

Your personal injury attorney represents your interests, so it’s important to communicate with them honestly. This is especially true if you have concerns regarding your case. If you believe there have been any mistakes in your testimony, communicate this to your attorney during the break. Let your attorney know if you forgot to mention an important detail. These can be clarified after the break, on the record.

It’s also important to note that questions can be asked regarding your background beyond the accident. These include your education, credit history, personal relationships, prior accidents, etc. These are typically not admissible, but if there is anything problematic in your background, notify your attorney so they can advise you how to answer.

Remember, your attorney is your ally in your personal injury deposition. When you need legal representation in Oregon or Washington, contact the team at Warren Allen LLP. We provide solid advice and representation to help you receive compensation. Equipped with the right attorney, you can stay calm and professional, knowing you are thoroughly prepared for a successful deposition.

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

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

Written by George McCoy on . 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.

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

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

Written by George McCoy on . 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.

When Do I Need a Lawyer After a Car Accident?

When Do I Need a Lawyer After a Car Accident?

Written by George McCoy on . 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.

What Will a Portland, Oregon Car Accident Lawyer Do?

What Will a Portland, Oregon Car Accident Lawyer Do?

Written by George McCoy on . Posted in Car Accident. No Comments on What Will a Portland, Oregon Car Accident Lawyer Do?

If you’ve been in a car accident, you might ask yourself “what will a Portland, Oregon, car accident lawyer do for me?” A personal injury attorney can offer experienced and knowledgeable legal advice if you or a loved one have been in a car accident, including representing you in communications to your insurance company and the other party’s insurance company. A personal injury attorney provides legal representation for individuals who have been injured in an accident.

An experienced personal injury attorney can help you navigate the uncertainties that come with medical bills, short- or long-term disability, and legal actions. In most situations, attorneys are paid a contingency fee in which they do not receive payment until there is a settlement awarded.

Warren Allan LLP has compiled this great guide to what a Portland, Oregon, car accident lawyer should do for your case:

Determine Fault in an Accident

Any motorist knows that any number of reasons can cause a car accident, like negligent drivers, unsafe road conditions, or vehicle defects. However, the at-fault party after a car accident can be difficult to determine. A personal injury attorney will thoroughly review the circumstances of the accident and analyze the evidence from police or incident reports. In addition, your attorney may procure witness statements as well as evidence such as property damage or surveillance footage.

Oregon follows a “fault”-based system, which means your attorney will work to determine the financial and legal responsibility of the other party and provide the necessary assistance when filing a personal injury lawsuit. To determine fault on part of another driver, it must be proven that the individual would have acted differently and thereby prevented the accident.

Some common examples of negligence include distracted driving, driving under the influence, or disobeying traffic laws. The person who is determined to be at fault must pay any losses, which can range from medical bills to lost income.

A personal injury attorney will help you obtain several important pieces of evidence such as photographs of the scene, accident or police reports, and witness interviews. Oftentimes, the attorney will visit the scene of the accident to note additional details for their findings. Documentation of your injuries can sometimes be challenging to acquire, but things like medical records and bills are essential in supporting your claim.

To be successful, two things must be demonstrated through medical documentation: specific diagnosis of injuries and that the cause of the injuries was caused by the other motorist. A lawyer will help ensure the physician notes their opinion on how the accident resulted in your injury, as well as a prognosis of temporary or permanent disability.

Negotiate with Insurance Companies

In Oregon, it is illegal to drive without liability coverage. According to Oregon Drivers & Motor Vehicle Services, drivers must have the following coverage:

  • Bodily injury and property damage liability
    • $25,000 per person;
    • $50,000 per crash for bodily injury to others; and
    • $20,000 per crash for damage to others’ property.
  • Personal injury protection
    • $15,000 per person.
  • Uninsured motorist
    • $25,000 per person; and
    • $50,000 per crash for bodily injury.

When it comes to negotiating with insurance companies, most people have little to no experience. On the other hand, insurance companies settle auto accident cases on a continual basis, and their expertise far outweighs that of the average motorist. In theory, insurance plans are in place to protect individuals from excessive costs, but insurance adjusters do not represent injured parties, and if they provided maximum payouts for every claim, they would not be in business for very long.

Unfortunately, most insurers will do what they can to limit their payouts on auto insurance claims. Having an experienced personal injury attorney on your side will help ensure you receive fair compensation when in an automobile accident.

Settlement Guidance

One of the primary goals insurance companies are tasked with is pushing you to settle your claim quickly and for the lowest possible amount, but it is important not to rush the settlement process. Once you accept an insurance company’s settlement offer, they will no longer be responsible for any future liability caused by your accident. If your injuries become more serious as time passes, you will have passed on the compensation you would have otherwise been due.

Overall, the negotiation process with the insurance company can take time. At the beginning stages of negotiation, your lawyer will work with you to determine how much you should receive as payment for your injuries. A personal injury attorney will examine all medical expenses, any lost wages, and any other expenses you may have accrued as a result of the accident. Once this amount has been determined, your attorney will put together a demand letter for the insurance company that details the compensation you are willing to settle for.

It is unlikely that the insurance company will agree to your initial request outright. Often, the insurance company will attempt to negotiate for less than you originally offered to settle for. This counteroffer can vary based on the insurance company’s policies. Some insurance companies may also request an independent medical examination to verify the injuries and how they may limit you now and in the future. When meeting with your lawyer, you will determine the lowest settlement offer you are willing to accept. The expertise and guidance of a personal injury lawyer will ensure you are receiving a fair amount based on your losses.

Representation at Trial

If you need to go to trial over your claim, you can certainly represent yourself, but the odds are not in your favor against an experienced defense attorney. Personal injury attorneys have years of knowing the ins and outs of the personal injury process and representation in court. In addition, having a personal injury attorney representing you in what is no doubt an emotional experience can benefit you with objective thinking and focus on the facts of your case.

What To Do After a Car Accident in Portland

What To Do After a Car Accident in Portland

Written by George McCoy on . Posted in Car Accident. No Comments on What To Do After a Car Accident in Portland

On average, six million car accidents happen in the United States every year. These include fender-benders and smaller-scale collisions all the way up to totaled vehicles. While the number of cars on the road has decreased during the pandemic, people tend to drive while distracted more often and speed, so your odds may be a little greater of getting in a car accident. Oregon is an at-fault state, meaning that if you cause a car accident, you (and your insurance) are responsible for those damages.

The first few minutes after a car accident can be confusing and scary, and you may not know what needs to be done first. Never fear. Here is a list of the things you should do first after a car accident in Portland.

1. Safety First

If possible, pull your car over to a public, well-lit and safe place nearby. This way you won’t impede the flow of traffic and you and the other driver will be able to see each other clearly. If you have a choice, choose the more public option so that others may see the other driver just in case they decide to leave the scene. It’s important that you don’t leave the scene, especially if there are injuries or if there are damages to the vehicles and insurance information to gather.

Hopefully, your car is still drivable, but if not, take stock of whether it will be a road hazard. If you can push it to the side, you can move it even up onto a sidewalk. If not, turn your emergency hazard lights on to give warning to passing cars.

2. Secure Your Traveling Companions

Were you in your car with your pet, a child, another adult, or an elder? Assess whether they are injured first. If you have a child young enough to be in a car seat, don’t take them out of the seat just yet. They may have injuries you can’t see, and it would be best to have a first responder check them out.

However, you wouldn’t leave a pet or a child or an elder in a hot locked car when you run into a store, so if the accident is a minor collision, you can leave the engine running with the AC on, roll down the windows, or let them out of the car while you handle the accident details. But this is assuming there’s a safe place to do so. Make sure you’re situationally aware of the area so you can prevent further injuries and so the pets and people in your care don’t wander off.

3. Talk With the Other Driver

Again, it’s good to be situationally aware. Is the other person agitated? Is this a safe place to talk? They may be frightened or blame you for the accident, so it’s important to choose your words carefully and—above all—remain calm. Before you speak with them, secure any valuables on your person as well. For instance, make sure your purse or wallet is with you rather than in a car with an open window.

It may be appropriate to engage in small talk if you and the other driver need to call an ambulance or the police, but be sure you don’t make any admissions, blame the other person, or apologize. If a claim is filed and the other driver or other witnesses say they heard you say you’re sorry or that you’re at fault in some way, it could be a major headache for you down the road. Rather, the insurance companies will determine these things later.

4. Gathering Information

It’s important to gather the right facts right after a collision. Information you will need to gather from the other driver includes their name and contact information; their insurance company and policy number; their driver’s license and license plate numbers; the type, color, and model of their vehicle; and the time and location of the accident. Be prepared to give this information as well. You should also take pictures of the accident scene and record with audio or video while you ask witnesses what they saw, but make sure they stick to the facts.

Other information you can gather includes road conditions or weather, any injuries you might see, and anything else that contributed to the collision (a distraction on the road, such as a squirrel, cat, or a runaway basketball, for instance). If your insurance company has a mobile app, sometimes they will walk you through items like this so these details aren’t lost in the shuffle.

If you’re a prepared person, you may already have this app on your phone or mobile device, which will cut down on time spent figuring it out and setting it up. Your insurance provider’s app might be critical in this situation because not only can it help you with the accident details, but you may have access through it to roadside assistance or towing or even rental car options.

And of course, make sure to save all this information and details, including receipts, bills, and medical records so that if a claim is filed you will have it all on hand.

5. Contact Your Insurance Provider (And Maybe Us!)

You’ll want to start an auto insurance claim once all these other items are handled. You can expedite the claim process this way by being proactive. Your insurance agent may also have further questions you might have missed or will be able to point out things you are eligible for in your policy. Make sure you ask any questions if you’re not sure of the process or what you need to do, especially if there are any deadlines.

Hopefully, you are uninjured, but if you or someone you love is injured or killed in a car accident, the expert team at Warren Allen LLP has your back. If you find you need to file a personal injury claim, contact Warren Allen today.

Man taking photo of car accident damage evidence with woman on phone.

What Kind of Evidence Is Used in a Car Accident Case?

Written by George McCoy on . Posted in Car Accident. No Comments on What Kind of Evidence Is Used in a Car Accident Case?

If you have been the victim of a car accident, it’s important to immediately gather as much evidence as possible. The more comprehensive your car accident evidence is, the greater chance you have of establishing the validity of your claim and receiving fair compensation. This will require documentation to support your claim. The more you have, the easier it is for your attorney to represent your interests with the insurance company.

If you have been in a car accident and are uncertain of what documentation you should obtain, below details what car accident evidence can best establish your case.

Contact Information of Witnesses

When you have been in an accident, you should collect the names and contact information of any witnesses, including passengers in all vehicles involved. An attorney will need this information to gather official statements from witnesses. This will help determine who is at fault.

It’s also best to call the police. Help may be needed to address any injuries or damage, but even in a minor accident, it’s beneficial to have an official police report. A police report at the time of the accident will further determine which driver is legally at fault.

Details from the Scene of the Accident

Accidents are scary and can be disorienting with the stress and trauma of the incident as well as any physical damage or injuries sustained. Even though it can be difficult to think of everything in the moment, it may be harder to remember important details later. In an effort to keep the facts straight, you should record as much evidence as possible from the scene of the accident. This includes taking photos of the accident and taking notes of what you remember and what was witnessed as soon as you can after the accident.

It’s also important to gather necessary information from any other drivers involved, including their names, addresses, driver’s license numbers, insurance information, and vehicle plate numbers. If it’s a company vehicle or they are driving for an employer, make sure to document the company name and contact information.

Photo or Video Documentation

Photographic evidence or videos will help with presenting a clear claim. Make sure to document any damage or injuries. Take pictures of the accident and any damage to your car. If you or anyone else in the car has suffered injuries as a result of the accident, make sure to take photos of these injuries. It will also help to keep a written record of these injuries and damages, corroborating the photos.

Records of Damage

A portion of fair compensation will include vehicle damage. In order for your attorney to determine what is fair compensation and to support the validity of your claim, keep all documents concerning vehicle damage. Keep copies of receipts for car repairs and rentals.

If you recently upgraded components of your car prior to the accident, provide copies of receipts detailing the work done and showing the date preceding the accident. This could include work on the engine or recently replacing the vehicle’s tires. This increases the value of your car at the time of the accident and reflects what compensation your attorney will fairly seek on your behalf.

Medical Records and Proof of Payment

If you have suffered an injury as a result of a car accident, it’s important to receive timely medical treatment. Not only is it critical to recovery, but it also proves the extent of your injuries and that nothing in the claim is falsified. Keep careful records of all treatment received as well as documents noting the nature and extent of your injuries. Make sure to also include all receipts for payments made. These records will document the medical expenses as well as the extent of your injury.

Once you have finished your treatment, request a complete history of these medical records. It’s important to request copies throughout the process, but once you have received treatment, you can obtain comprehensive records. These may include medical bills, diagnostic images, medications, and other applicable treatments or care.

Written Accounts

Additionally, keep written accounts of your injuries, experiences, and treatments. Who did you see? What was your treatment? What were you required to do post-visit to aid recovery? Were you required to pay anything? What was your experience like? Journaling about the events of the accident, your experiences, and any damage or injuries will help you keep a clear timeline and record of events. It will aid in building your case, as well as prevent you from forgetting important details.

Car accident victims may experience “pain and suffering.” This includes physical injury as well as mental pain and suffering. This is an important component of a personal injury claim and calculates in the claim settlement. Keeping a written journal of things such as loss of sleep or appetite, depression, difficulty in returning to work, or any related pain and suffering will help determine fair compensation and a better resolution.

Proof of Lost Wages

If a car accident has resulted in missing days of work, then you may be entitled to compensation for lost wages and income. Gather pay stubs, W-2s, and any other information that shows missed days of work and what compensation you typically receive as part of your car accident evidence.

Proof of Burden

The burden of proof lies with the person seeking damages. If you are the injured party, then you must prove the other driver was at fault. All of the preceding evidence will help prove the validity of your claim.

After experiencing a car accident, an attorney will guide you in filing a claim and ensuring you have all the proper documentation. They will defend your interests with the insurance company, as well as present your case in court if a desirable settlement is not reached.

The experts at Warren Allen LLP offer sound legal advice and representation to help you receive the best resolution possible. Contact our firm today and learn what your options are. We are here to help you receive fair compensation so you can focus on recovery.

 

African American man holding neck with personal injury after car rear-ended.

5 Most Common Car Accident Injuries and How a Personal Injury Lawyer Can Help

Written by George McCoy on . Posted in Car Accident. No Comments on 5 Most Common Car Accident Injuries and How a Personal Injury Lawyer Can Help

If you’ve ever been in a car accident, you know how traumatizing of an event it can be. In the best-case scenario, you only need to worry about some damage to your car. It might cost a bit of money to have it repaired, but at least you made it out alright. If you sustain a personal injury, though, things get much more difficult.

After you suffer an injury, your first priority should be healing and recovery. But when it comes about due to a car accident, you may be lacking in both the time and money to do that. There are reports to complete, claims to file, all while you should be focusing on your own well-being. If you find yourself getting overwhelmed in the aftermath of an accident, a personal injury lawyer might be just what you need.
With legal representation, you have an advocate who can take some of the work off your plate while also ensuring you get any and all financial compensation you may be owed. Below you’ll find a few of the most common car accident injuries as well as how a personal injury lawyer can help.

1. Whiplash

A car accident can subject the body to a large and sudden amount of force, leading to injuries that might be less apparent in the first moments after. If some time passes after and you find yourself dealing with neck pain or discomfort, you may have sustained whiplash. It’s a condition resulting from sudden stress or strain put upon the muscles, tendons, and ligaments in your neck.

While whiplash is more often than not temporary, it can take up to a few weeks for it to heal. It’s not a bad idea to have it looked at by a physician. With a personal injury lawyer helping you, you can seek aid to cover any medical bills that might arise from the accident. Should the injury turn out to be more severe, they can also help present this in your claim. That way your claim will stay up-to-date and accurate and you can receive the correct amount of compensation.

2. Back Injuries

Back injuries, like whiplash, may not be noticeable until sometime after a car accident. Unlike whiplash, a back injury can be significantly more serious and end up requiring medical attention. The sudden impact can cause ruptures or herniations along your spine, leading to pain and a loss of mobility.

If you experience persistent back pain after a car accident, it’s wise to visit an orthopedist for a full assessment. Back injuries can worsen if left alone, making an early examination the difference between a few weeks of back pain and a chronic condition. While specialized care can be costly, working with a personal injury lawyer will help you establish what your needs are and secure compensation to cover them.

3. Broken Bones

While not frequently seen in milder accidents, broken bones are a common outcome of many collisions. The bone (or bones) broken, along with the severity of the break, varies depending on the circumstances of a collision. Knee fractures can come about from slamming into the console, arms or legs can break if slammed or pinned against the door, and ribs can even break from the force from your seatbelt holding you in place.

Due to this variance in injury, a person’s needs after an accident will be unique to their situation. They may need a sling, a cast, or even surgery in order to set the bone in its proper place. With this in mind, it’s crucial you have help establishing the full extent of the injury in the moments after it happens. This will help your personal injury lawyer keep the facts straight when filing claims and getting you the assistance you need.

4. Concussions

If you follow any sports—or have played any yourself—you’re probably familiar with concussions. Caused by sudden impacts to the head, concussions are a common injury resulting from car accidents. If in the aftermath of an accident, you find yourself suffering from a headache, brain fog, memory loss, or just feel like your brain isn’t working like it normally does, you’ve most likely suffered a concussion. Luckily, concussions are easily treatable. The most important thing is that you get medical attention quickly. The sooner you do, the sooner you can start working on getting your brain back in order.

5. Traumatic Brain Injuries

A traumatic brain injury, or TBI, can result from the head sustaining a puncture or high amount of sudden force. Concussions technically fall within the category of TBIs, but while still serious, they are only considered to be mild cases. With a moderate or severe TBI, the consequences can be much more dire. A TBI can alter the way your brain functions, making it hard to properly regulate emotions or think clearly.

While a TBI can be treated, it can also become a lifelong condition or disability.

It’s for this reason that a personal injury lawyer can be massively important should you suffer a TBI in a car accident. A few trips to a specialist along with months of recovery are one thing, but figuring out what kind of care you’ll need for the rest of your life is another. Ongoing medical bills can quickly get expensive, but when you have a personal injury lawyer representing your interests, you can rest easy knowing your needs will be met.

What We Can Do to Help

With any injury incurred from a car accident, a personal injury lawyer can be vitally important to your recovery. From the get-go, they’ll help you get the facts of the accident straight, evaluate the extent and cost of the damages, and stay on your claim to ensure you get the full compensation you are owed. If you’re in need of a personal injury lawyer now or are interested in learning more, please don’t hesitate to reach out to Warren Allen. We’re happy to provide any information you may need.