Personal Injury Law - Warren Allen LLP

Is Hiring a Personal Injury Law Firm Worth It?

Written by George McCoy on January 10, 2023. Posted in Personal Injury.

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

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

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

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

Is It Worth Hiring a Personal Injury Law Firm?

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

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

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

6 Reasons You Should Hire a Personal Injury Law Firm

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

1. Did I Suffer Injuries in the Accident?

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

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

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

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

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

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

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

3. Is There a Question of Who Is Liable?

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

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

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

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

4. Will My Future Be Impacted By a Settlement?

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

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

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

5. Can I Manage My Own Case?

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

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

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

6. What Should I Do Next?

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

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

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

Should You Hire a Personal Injury Law Firm?

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

5 Tips for Hiring Personal Injury Lawyers in Portland Oregon

Written by George McCoy on December 9, 2022. Posted in Family Law, Personal Injury.

Having to deal with a personal injury is stressful at the very least. If you have a personal injury case, such as a slip and fall accident, medical malpractice, or a car accident, you’ll have much better peace of mind hiring a professional to handle it for you.

You might balk at hiring a personal injury lawyer if your car was totaled but you appeared to have suffered no injuries, and you might think that the insurance company will help you through the claims process. However, liability might be unclear in the accident or incident, in which case the task falls to you to prove your innocence. You’ll need to have evidence to support your claim, and you may have no idea how to do this.

A personal injury lawyer will handle that evidence, but also handle a myriad of other tasks, such as negotiating with the insurance company to perhaps get you a bigger compensation package and handling your court case if it goes to trial.

So hiring an attorney to handle your case is the most beneficial path to take. There are a lot of personal lawyers in Portland, Oregon, so how do you decide who to go with?

Here are five tips to keep in mind when hiring a personal injury lawyer:

1. Experience

The first thing you want to know about any lawyer you’re hiring is what kind of experience they have. Many lawyers will handle many different kinds of personal injury cases, but none of them will have handled every single kind. The umbrella of personal injury can be very wide. For example, medical malpractice cases can subdivide into traumatic brain injuries, misdiagnosis, and surgical errors. Make sure to ask whether they’ve handled cases like yours before, how many, and whether they won those cases.

When asking about experience in personal injury cases, also ask what kind of experience they have in a courtroom setting. Most civil cases don’t go to trial, so if your case is one that does, you want to be sure you have someone who knows their way around a courtroom.

2. Expectations

When asking about the procedure for personal injury cases, make sure you understand what is expected of you as well. Your lawyer may not want you to speak with other witnesses, and if you do, you could end up jeopardizing the work your lawyer and their team will be doing on your behalf. If your lawyer gives you homework, such as filling out forms, taking pictures, or otherwise documenting your injury, make sure you do it!

Some questions you can ask your lawyer include: what do you need from me in order to be sure my case is as strong as possible? Is there anything I should do or avoid in order to win my claim?

Asking about how long the process should take will also help manage your expectations. It’s probably known that your personal injury case won’t be solved overnight. In fact, the average personal injury claim can take from six months to two years. There are many variables that factor into the timeline, including how long your treatment takes.

3. Money

Be certain of any fees your lawyer is going to charge you and what you can expect as far as the outcome. You may not receive a precise answer here. Lawyers may hesitate to give you a specific number because they may not want to create unrealistic expectations. Even if they won’t know the outcome at the start of the process, they should still be able to tell you whether you have a chance of winning your case and maybe a rough prediction of your compensation.

When you’re interviewing lawyers, keep track of their answers to this question and see if they’re all in the same general ballpark. If one of them promises you a significantly higher amount, take it with a grain of salt, unless they have a particularly persuasive piece of evidence that pertains to your case.

4. Team Effort

Oftentimes, you may meet with one lawyer, but they may have a team they work with to handle their personal injury claims. This might include a junior partner, another attorney, or a paralegal (or some combination of these three). While you may prefer having one lawyer handle all aspects of your case, a setup like this is fairly common.

The other team members will help gather the basic information and then your lawyer will handle the parts that require their specialist training. The team will let you know who your point of contact will be if you have any other questions or if you need to turn in paperwork. Make sure you understand who is going to handle the settlement, compensation negotiations, or the court case, so you know who to ask which questions.

One other question you can ask here is how often you can expect updates, and how you will receive those updates (whether it’s an email, a phone call, or an in-person meeting).

5. Priorities

No matter where you live, the legal system is definitely overburdened, so you can expect any lawyer to handle more than one case at a time. You might worry that if your lawyer is handling more than one case, your case won’t get the attention to detail it deserves. There is something of a deadline for you – once you’ve suffered the accident, you have two years to file the suit.

As mentioned above, a personal injury lawyer will probably tell you that it’s best to take some time to heal or recover from the event. This is partially so that you know how much compensation to ask for when settling with the insurance company. So since you have a deadline, make sure to get someone who has the ability to work on more than one case at a time. Ask how many cases the lawyer is handling at a time, and ask how big their team is if that number is larger than you expected.

Finding representation with a personal injury lawyer shouldn’t be a convoluted process! The team at Warren Allen will help you find compensation for your personal injury with grace and the highest degree of professionalism. Contact us today.

How To Find the Best Personal Injury Car Accident Lawyer

Written by George McCoy on October 10, 2022. Posted in Personal Injury.

If you’ve been injured in a car accident, finding the best personal injury accident lawyer will help you handle both personal injury and monetary losses. They will help prepare your case for small claims court or arbitration.

Not just any lawyer will do when it comes to a personal injury case. You want to retain a lawyer that specializes in personal injuries, one you can trust to help you get the most to assist you as you move towards recovery.

Where do you begin?

Finding an Experienced Lawyer Who Specializes in Personal Injury

The practice of law is highly specialized. When law students enter school, they quickly narrow their focus for their coursework. From bankruptcy and finance law to civil rights or constitutional law, there’s a niche for every lawyer.

Once a lawyer focuses on a specific field of law, they begin to dive deeper into their chosen area of study. A tax lawyer would know little about personal injury and car accidents because they spend most of their time working on business and taxes.

So your first step is finding a lawyer with experience representing claimants in vehicular accident cases. They will have experience working with insurance companies and will be best equipped to stand by your side through the process.

Why Should You Hire a Personal Injury Lawyer?

Technically, you can file a claim with the car insurance company yourself for your accident. People do this routinely when they’ve suffered minor injuries and have the time to work through the process themselves. Moving forward on your own without a lawyer can avoid lawyer fees.

But how you stand up to big insurance companies and their lawyers will ultimately determine the outcome. Not everyone is prepared to handle this on their own.

A personal injury lawyer will have experience handling sticky situations when it comes to car accidents and the resulting claims. A team of lawyers for an auto insurance company will have the knowledge and experience to fight hard against every type of claim. How well you stand up against them is determined by the experience you bring to the table. Hiring a personal injury lawyer is best if you’ve:

Suffered severe injuries
Received extensive medical bills
Experienced significant loss of wages due to your injuries
Have a complicated situation, not cut-and-dry
May be at fault

When Consulting With a Lawyer Makes Sense

When personal injury and monetary loss are at stake, it almost always makes sense to speak with a lawyer. Specifically, personal injury lawyers are often hired in the event of:

Severe Injuries

The severity of a personal injury is measured in one of three ways:

The type of injury sustained
How much time it takes for recovery
The cost of medical bills incurred or that will incur in the future

Long-Term or Permanent Disability

A long-term injury is one that impacts you for a year or more of your life; a permanent disability will affect you for life. Both can impact the quality of your life as well as your ability to return to work and remain employable.

The legal process can be complicated. It may be well worth hiring a personal injury accident lawyer to help you navigate the legal work necessary to prove your injury was a direct result of your car accident.

How Do You Choose the Right Lawyer?

Finding a personal injury lawyer who meets your qualifications is essential. You’ll be working with them until the close of the case. There are many ways to find a potential personal injury lawyer.

Ask friends and acquaintances
Ask for referrals
Search online
Look for someone in your local community

When you’ve settled on a few prospects, it’s a good idea to sit down and meet to discuss your potential claim. Bring copies of all documentation you have on file. This includes:

The police report
Medical bills
Income loss information
Correspondence with the insurance company

Most personal injury lawyers don’t charge for this initial interview because they’re interviewing you as much as you are interviewing them. This is the proper time to find out things like:

How long they’ve practiced personal injury law
How many personal injury cases they handle per year
How often they represent plaintiffs
How much experience they have working with insurance companies
If they’ve handled cases like yours before

This is where it’s important to learn who will handle your case. Lawyers and their staff often work together. Paralegals and less experienced attorneys will do routine tasks, which offers you a break in costs.

You should also discuss lines of communication. Ask questions. You can usually determine how willing a lawyer is to answer your questions in the future by looking at how well they handle the initial consultation. If you’re working with the right team, you should feel it in your gut.

Other Considerations

Communication is important. Don’t forget to get a general understanding of the settlement goal. The lawyer may give you a general opinion of how much the case is worth and how difficult it may be to see results.

If you have questions, ask. This is your time to get comfortable with the process. Sometimes, this is the best way to determine how well-suited you are at working together. Use this time to decide if you’ve found the lawyer who is best equipped to work with you through the end of your case.

This is about you. You’re the one who’s suffered personal injury and monetary loss due to someone else’s negligence. Using these tips, you’re sure to find the best personal injury accident lawyer you can trust.

If you’re searching for a personal injury lawyer in the Portland area, give Warren Allen a call. Let’s schedule a consultation and see if pairing with us is right for you.

What Is the Role of a Personal Injury Lawyer in a Claim?

Written by George McCoy on June 21, 2022. Posted in Personal Injury.

If you or a loved one has suffered an injury due to someone’s negligence, you need a personal injury lawyer to represent you should you decide you initiate legal action. Instead of engaging a general practitioner, having a specialized lawyer who is an expert in handling matters relating to the negligence of a third party can make a difference to the outcome of your case.

If you’re wondering about the specific role of a personal injury lawyer in such matters, here’s what you need to know:

Gathering Evidence

Gathering the right evidence is central to the success of your claim. The law has strict requirements about what can be accepted as evidence. Any oversight at this stage can completely change the outcome of your case.

A personal injury lawyer is trained to understand the fine print of the law and ascertain the type of evidence needed to raise a claim successfully. Physical evidence, medical reports, photographs, and witness and expert statements are all critical to establishing your case. Moreover, if not preserved or photographed properly, physical evidence can get destroyed within a few hours or days after the incident.

This is where a personal injury lawyer can help, as they ensure the evidence is gathered properly. They also make sure all witness and expert statements are recorded, as per the requirements of law.

Evaluating the Merit of Your Case

Until the case is settled or heard and decided by a jury, no one can guarantee the outcome. But it’s of no use to pursue legal remedies if the outcome is destined to go against you. A personal injury lawyer will evaluate your case by considering all aspects of your claim and tell you what your chances of success are. Moreover, it works in their favor to do an initial assessment since most personal injury lawyers work on a contingency fee model.
Since they are familiar with the burden of proof, it’s their responsibility to tell you whether it will be too difficult to meet the requirements. And this examination goes beyond simply looking at the immediate facts of the case. Personal injury lawyers look at the entire incident comprehensively to determine how it has changed your life.

Help Negotiate a Settlement

Often, cases can be settled to achieve the best outcome. In fact, trials are riskier, expensive, and may go against you even if the odds are in your favor.
As an aggrieved party, you may hardly be in a position to negotiate with the party at fault. Even if you do it on your own, you may end up overlooking critical aspects of the case and negotiating a much lower amount than you deserve.
Luckily, that’s one of the advantages of getting a personal injury lawyer on board, as they can negotiate on your behalf. Armed with knowledge and years of experience, a lawyer knows the ins and outs of dealing with all other parties to ensure that you get a fair outcome.
Preparing Arguments
If your case is going to trial, you will need solid arguments. Even a single misstep here can impact the outcome of your case. A personal injury lawyer knows how to draft the pleadings based on tested strategies that appeal to the audience. They know how to present their arguments persuasively and succinctly so that both judge and jury are likely to rule in your favor. They also manage the finer details of the pleadings, such as using the correct format and filing the motion on time.

Preparing Deposition Strategies

The examination of witnesses, claimants, or defendants plays a pivotal role in your claim. How each participant narrates the events leading to the injury you have suffered is essential to making your case to the jury and judge. But in the absence of thorough preparation of plaintiffs and their witnesses, there is a chance that the case may get dismissed on summary judgment.
A personal injury lawyer helps their clients craft a compelling story and present it clearly and so the weaknesses aren’t highlighted. They also work out how to depose the defendants during cross-examination and poke holes in their statements to strengthen your case.

Negotiating With Insurance Companies and Sending Demand Letters

Insurance companies are key stakeholders in most personal injury claims, and dealing with them is often challenging. Personal injury lawyers are experts when it comes to negotiating with insurance companies. Not only do they go over the details of the policy statement to determine the exact compensation available, but they can also ensure regular communication with the insurer to avoid any untoward circumstances where the claim gets rejected or jeopardized.
A personal injury lawyer may also send demand letters to the insurer detailing the facts and the estimate of the claim amount payable on account of the injury. In fact, they also ensure that the insurance companies pay up the maximum amount possible following the policy terms, as insurers attempt to find loopholes in the claim to reduce their liability.

Are you looking for a personal injury lawyer to give you solid legal advice?

Now that you’re familiar with the role of a personal injury lawyer, make sure to approach one if you or a loved one has experienced an accident that has resulted in injury or even death. Suitable legal representation can help you obtain the compensation you deserve.
If you are looking for a personal injury lawyer in Portland and Pacific Northwest, reach out to Warren Allen LLP. Our attorneys are licensed to practice in Oregon, Washington, and Idaho courts and can help you litigate your personal injury claims successfully. Contact us to learn more.

Your Portland Attorneys Should Be Experts in What You Need

Written by George McCoy on June 12, 2022. Posted in Personal Injury.

When selecting a Portland attorney to represent your interests, it’s important to choose someone who can meet your specific legal needs. Having just any attorney isn’t enough. You need an attorney who has expertise and experience in the field in which your case falls. In short, you want to hire a personal injury attorney to manage your car accident case or a family law attorney to handle your divorce.
When faced with legal problems, many people run to the first lawyer they can contact, hoping to solve the problem quickly and cheaply. This puts them at risk of overlooking quality advice from expert attorneys, and they can end up with complicated cases, wasted time, lost cases, and hefty legal fees.
You can easily avoid this if you keep one thing in mind: your Portland attorney should be an expert in what you need.
Law is an extensive practice with many technicalities, some of which are under constant change or review. You should, therefore, not expect a general legal practitioner to grasp the essentials of all branches of law fully. By selecting an attorney who specializes in what you need, you can better ensure your case is handled properly.

The Necessity of Specialization

When in need of legal representation, you have three options:

You can go it by yourself.
You can go with an attorney who has legal experience but in another field or as a general practice attorney. They may have dabbled in the law you require, and they understand the constructs, but they’re limited in their knowledge.
You can choose to go with an attorney who is experienced and knows the ins and outs of the relevant legal field. This expert has worked in the field for years, has handled many different cases, and is prepared to deal with all circumstances.

Advanced societies thrive on expertise. This is reflected everywhere, from medicine to business to the justice system and beyond. Law is interwoven into every aspect of our society to provide justice and order.
It’s likely that, at some point, you will need to contact a Portland attorney for specific legal services, whether it’s for an injury, estate planning, or other areas. Every field of law has its own terminology, evidentiary requirements, procedures, and so forth. A legal practitioner who specializes in another field may know the basic legal implications involved, but they won’t necessarily understand the finer points of the process. That comes with training and experience. This could ultimately hurt the results of your case.
Clearly, of the options above, the best is number three. It helps to have an expert Portland attorney with a wealth of experience who engages actively with the field of law that fits your case. Let’s take a closer look at why this is your best choice.

1. The Technicalities of Law

This is why experts dominate over other professionals in the legal field. Law is a broad body of knowledge, and the better educated an attorney is in a particular area of law, the stronger the case they can make for their client. Knowledge of the technicalities of law does not come from general study. It takes years of practice to establish oneself as an expert in any area of law. During this time, the attorney gathers a wealth of knowledge, from both within and outside the field, that they can continually apply to new cases.

2. Speed

The longer an attorney spends practicing, the easier it is for them to handle new and more significant cases. Complications that could arise from a case are anticipated and dealt with even before there is a need to go to court. Unlike a general attorney, an expert does not have to take a refresher course to prepare for your case, as they are constantly engaging with that particular field of law.
In fact, often, general legal practitioners would still request the services of an expert attorney. Cut out the middleman and reduce costs by choosing a qualified expert Portland attorney for your case.

3. Legal Advice

Expert Portland attorneys are adept at providing the information needed to make your case. They can tell you what you need to gather or overlook; sometimes, it can be the smallest of details that you may consider insignificant. Because they are constantly working in their field, they have seen details from previous cases that could either make or destroy a case. They can point out areas where you need redress and weed out anything that would make your case appear weak. Non-experts do not have that level of knowledge and can mishandle your case by missing small but otherwise significant details in a case.

4. Command of Power

Expert attorneys command respect because of the record of expertise behind their names. Communication written by an expert Portland attorney carries more weight than one from a general legal practitioner, just as a recommendation from a neurosurgeon on brain surgery carries more weight than that of a general medical practitioner. An expert attorney is also easily recognized and more respected in professional circles than general attorneys. Expert attorneys have the benefit of belonging to a network of other expert legal professionals.
Each field of law involves many technicalities. When you choose to use the services of an attorney who has established a record of experience and training concerning the area of law where you need help, you are putting your case in the hands of an expert who can help you get the results you deserve. If you’re looking for a personal injury or family law attorney, look no further than Warren Allen. Within our team, you’ll work with an expert Portland attorney who suits your specific needs. Contact us today.

Should I Hire a Personal Injury Lawyer in Portland or Handle My Claim Myself?

Written by George McCoy on May 25, 2022. Posted in Personal Injury.

Life happens, and that includes all kinds of injuries and accidents. An injury or accident could be a small annoyance: maybe your car only needs bodywork to take out some dents after a small collision. It could also be a terrible tragedy, such as if a loved one is killed on a jobsite. These are on opposite sides of the spectrum of personal injury claims: there are many other types of personal injury claims.

You may wonder in the aftermath if it’s worth hiring a personal injury lawyer to handle your claim—after all, you’re a smart person, maybe the damage or the injury wasn’t a major disaster and maybe you don’t want to spend the extra money for a lawyer on top of those new medical bills or bills from your mechanic. In some cases, you may be able to handle it all on your own, either through insurance or through small claims court. But we want you to have all the facts to make an informed decision. Here are five things to consider about hiring a personal injury lawyer to handle your claim.

1. Insurance Companies Are Complex Systems

Whenever there is a claim—no matter what type of claim it is or the severity of the situation—insurance companies often attempt to minimize the amount you receive. It’s how insurance companies make a profit: by not paying out as much as they could. Personal injury lawyers can help you navigate these waters—we’re more familiar with the verbiage and the loopholes the insurance companies may try to throw at you.

If you have already been offered the maximum insurance settlement possible, you may not need an attorney. For instance, if the person who injured you has an insurance policy worth $100,000, and you are awarded $100,000, you’ll have to have an extremely persuasive reason to go beyond that amount. If that person has assets or money and you feel it’s fair they pay that in addition to the $100,000, you’ll have to have a very good case for it.

2. Oregon Is an At-Fault State

The at-fault system is a more traditional system of filing accident and injury claims. In a nutshell, whoever is at fault in an accident is liable for repairs to vehicles or property, medical costs, and other damages.

Oregon is a little unusual, though, because there are some no-fault provisions (and the system could be argued as a hybrid of no-fault and at-fault—more on this later). In insurance policies for vehicles, for instance, there are built-in no-fault provisions. This means that car insurance providers also provide personal injury protection, which pays for injuries resulting from the ownership, use, or maintenance of a vehicle. Your car insurance policy should automatically have this if your car insurance was bought in Oregon.

3. What’s At Stake?

Managing your own claim and then later hiring a lawyer may complicate things, but you shouldn’t hesitate to get the help you need. Perhaps you feel your claim is easy enough—or low-stakes enough—that you feel comfortable handling it on your own but then decide you’d like assistance later. It’s to your benefit to contact one at this point rather than not at all.

Best practice, even if you’re not sure whether a personal injury lawyer is going to be helpful in your case, is to still contact one and get a consultation. They might be able to give you an idea of what you’re up against or important points you may not have thought about.

If you move forward and handle your own case, you could have a steep learning curve. For instance, you’ll want to be sure you know about the laws in your state. A personal injury attorney in Portland will be more aware of the Oregon Shared Fault Rules. Simply, these rules mean that the other person in your claim may also state that you’re partially at fault for the accident that occurred. Therefore, your share of the money you would have received may be reduced by a certain percentage, based on how much you are found to be at fault.

4. When Should I Contact a Lawyer?

The tipping point might be something small, or it may be the fact that your injuries end up being more major than you first thought. It may be difficult to justify paying the money for a personal injury lawyer, especially if you think your injuries are minor—bruises and scrapes instead of broken bones and time that you can’t work. You should consider, though, that sometimes seemingly minor injuries can turn into major ones. If your injuries are worse than your doctor initially thought but you’ve already received a settlement, that claim is closed and can never be reopened again.
A good lawyer will be able to advise you on whether to wait or move forward until you know the full extent of your injuries. There may also be “pain and suffering” damages involved that you may not be aware of.

Consider also that even if you have a minor injury, it may be difficult to keep a clear mind and be consistent when it comes to reading all the paperwork, doing all the research, or gathering all your materials. Delegating this kind of work to a lawyer will mean all you have to worry about is healing from the injury.

5. Warren Allen Attorneys at Law Is an Experienced Law Firm

It’s likely that, before you had a personal injury claim, you may not have had any kind of experience with the law. The law is always changing, too, and we keep up with each nuance and update. Our firm has been running in the same location since 1971, so whatever type of injury you’re dealing with, we’ve probably seen it before. Having that precedent and the background for this kind of work, we can help you get the money you need for your peace of mind and recovery. Contact us today for a consultation about your personal injury claim.

Ask These 5 Questions to Find the Best Personal Injury Lawyers in Portland

Written by George McCoy on April 22, 2022. Posted in Personal Injury.

Hiring a personal injury lawyer, who can best represent your interests in a case that has left you injured due to an accident or negligence of the other party is no easy feat.

You want someone who understands what lies at the heart of the matter so that they can help you get the justice and compensation you rightfully deserve and a market overflowing with lawyers simply adds to the stress of working with a good one. If you are having a tough time finding personal injury lawyers in Portland, Oregon, here are five questions you need to ask to ensure that you are picking someone you won’t regret working with:

1. Have You Tried Similar Cases Before?

Not all personal injury lawyers handle the same types of cases. That’s why it’s important to find out in the beginning whether they have experience with cases similar to yours. Be straightforward and ask them whether they have represented clients who were injured under similar circumstances. For instance, if you were a victim of a slip and fall at a store due to its poor infrastructure, hiring a lawyer who only represents clients involved in car accidents will not be useful.

Having specific experience as opposed to general experience is crucial when you are in the market for a personal injury lawyer because a specialist will know exactly what kind of laws apply to your case and will also have a ready roster of experts and medical professionals whose opinions can help strengthen your case. For example, if you were injured due to a defective product, you will need someone who is well versed with the laws about products liability claims. Also, don’t hesitate to ask how long the lawyer has been practicing personal injury law.

2. How Many Cases Have You Won?

While it’s possible that the opposite party may want to settle with you outside of court—as is often the case—you need to be prepared should the case go to trial. This means you need to know how successful your lawyer has been in winning such cases in the past. Ask about their success rate and also the maximum amount of compensation they have won for their previous clients. Undoubtedly, the experience of your attorney is essential. But unless your chosen lawyer has been successful in the past, it’s probably not worth hiring them. After all, you don’t want to get someone who knows the laws inside out but is unable to convince the jury or judge to decide in your favor.

Ideally, you should work with someone who has successfully negotiated out-of-court settlements and litigated cases to win a favorable jury verdict. If the lawyer is hesitant to share their success rate, they are probably not very good at what they do, which should serve as a potential red flag.

3. How Much Will You Charge for Representing Me?

To cut to the chase—money matters and is an important factor to consider when choosing an attorney to represent you.

Usually, most personal injury lawyers in Portland work on a contingency fee model and charge one-third of the compensation you receive, so the lawyer getting paid is contingent on you winning the case or getting a favorable settlement. However, there are also lawyers who may work on different payment models. It’s common for most litigants to opt for a contingency model, as you don’t have to pay out of pocket until you receive something. And don’t forget to ask about the fees in the event your case is unsuccessful. Will the attorney waive any out-of-pocket costs incurred?

The bottom line is, choose someone who suits your needs the best. Before locking in an attorney, ensure that you understand all the terms and conditions of their fees and the billing cycle.

4. How Many Active Cases Do You Handle at a Time?

What good will hiring an experienced attorney do if they are unable to give your case the attention it deserves?

Bear in mind that the legal system is overburdened, and depending on the complexity of your matter, it can take a while even to file the suit. Moreover, Oregon has a statute of limitations of two years for personal injury matters. It means that you need to file your lawsuit within two years from the time you suffered the injury.

You need to work with someone who has time to file the suit well ahead of the deadline and has enough bandwidth to follow up on your case. You should also ask how many personal injury cases they are currently litigating to get a sense of the time they will be able to devote to your matter.

If you are approaching a law firm to represent you, also make sure to ask who will serve as your contact person. You’ll need someone available to attend your calls and answer any questions you may have about the litigation as quickly as possible.

5. What Is My Claim Worth?

Simply based on facts, an attorney may not be able to give you a definitive amount of your claim. However, based on their experience, they should be able to provide you with a rough estimate. Getting a rough estimate is also helpful should you have insurance companies pushing you to get an out-of-court settlement.

To sum up, you need to pick a personal injury you see yourself getting along with. Your attorney should have your best interests in mind and should be willing to hold your hand through the process. If you are looking for a team of personal injury lawyers in Portland, Oregon, consider choosing Warren Allen LLP.

We have a team whose expertise lies in representing clients in a variety of personal injury suits and providing them solid legal advice. We are committed to getting you the best resolution possible. Get in touch with our firm today to learn more about how we can help you.

Attorney going over legal paperwork with client. Only hands seen along with gavel.

Describe Three Ways to Narrow Down Qualified Personal Injury Lawyers

Written by George McCoy on March 9, 2022. Posted in Personal Injury.

If you search for lawyers in your local area, your search results will show dozens, if not thousands, of possible contacts. How do you narrow down a list of potential lawyers to determine which ones are qualified? It’s an important question for any type of lawsuit, especially for personal injury cases. Considering how complicated these can be, clients naturally want to know they can trust a lawyer to look out for their best interests. Read on and we’ll describe three ways to narrow down qualified personal injury lawyers.

1. Identify Potential Lawyers

The first way to narrow down qualified lawyers is to come up with a list of potential candidates. You can start by asking friends and family for any referrals. Even if they don’t have relevant experience themselves, they may know someone who went through a similar legal battle as yours. Have them describe why the names they recommend should be on your narrowed-down list of qualified personal injury lawyers.

One very helpful resource to check out is your local bar association. Because this is a personal injury case, you may also want to inquire for recommendations from certain medical professionals.

The internet can also be an incredibly valuable tool. If you’re really starting from scratch, search for attorneys in your area, and then by personal injury specialty. You may also be able to find some qualified options through the news, mailers, radio, or other media.

See if there are any online reviews or testimonials you can find as well. How do others describe their experience with the personal injury lawyers? Do any of the attorneys come across as properly qualified in the descriptions?

And keep an eye out for any negative reviews. If a lawyer sounds too good to be true, there could be an unsatisfied previous client who is trying to warn others.

2. Do Background Research

Once you have a list of candidates, do some research on their backgrounds. This can be described as looking at their education, how long they’ve been practicing, their general reputation, and so forth.

Now, let’s describe some other effective ways to narrow down qualified lawyers with good reputations.

Find out how long they have been practicing law, and personal injury law specifically.
See if they have earned certain accolades and/or won awards.
See if they have published any case studies.
Do they have an online bio that lays out their most impressive accomplishments?
Can you find any disciplinary actions that involve the individual lawyer? What about the law firm they work for?

While these are some general ways to narrow down qualified lawyers, don’t forget how important the personal injury specialty is. In case the laws change, you want to make sure to choose a lawyer who stays informed of all the latest developments.

Likewise, you should also make sure that the attorneys are as knowledgeable about the medical field as they are about the law.

Furthermore, you should try to make sure they have plenty of experience, not just with medical-related law, but also with your specific type of personal injury case.

3. Talk to the Personal Injury Lawyers

Recommendations and research are highly effective, but another way to narrow down qualified candidates is to talk to the lawyers themselves. This should be done once you’ve narrowed down the list using the two ways above. You don’t want to waste your time by talking to any lawyer in your area. That being said, however, you should be meeting with at least a few candidates. And be sure to come prepared with the necessary paperwork and information. This can include correspondence, medical bills, and any reports.

Ask questions

Make sure that you are asking the right questions. While you’ve ideally done some research ahead of time, you should still ask some of those basic questions to see how the attorney responds. There could be something important that wasn’t found in your online research.

To make sure the attorney is qualified, ask how many personal injury cases they’ve tried. How many of those cases have they won? Ask them about their most recent personal injury case and what the outcome of it was.

You should also be asking questions about your specific case. These can include:

What kind of personal injury law experience do you have?
Have you handled a similar case before?
Do you typically represent individuals or insurance companies?
How long do you expect the timeline of this case to be?
What would be your strategy for this case?

Discuss fees

These aren’t the only things you should be inquiring about. While some people get nervous discussing payment, it can be imperative to ask about the fees. Here are some of the questions you can ask about fees to narrow down qualified lawyers below:

Is the initial consultation free? If not, how much will I be charged?
Will I be provided with a list of fees?
How many people will be working on this personal injury case? How many different services will be involved? Will there be individual fees for every single one?
What is the ballpark anticipated cost overall, fees included?

If the individual you’re speaking to cannot answer these questions or does not provide satisfactory answers, then consider it another way to successfully narrow down your list of qualified lawyers.

The above tips describe three ways to successfully narrow down qualified lawyers, setting you on the path to find one you can fully rely on. But the best way to narrow down qualified personal injury lawyers? Choose one of our experienced, dedicated, and trustworthy attorneys here at Warren Allen LLP. We are sure our attorneys will provide the best legal advice and representation available in the Pacific Northwest, which we’ve served for over 50 years.

You can find more information on Warren Allen LLP, our specialties, and our attorneys on our website. Our blog includes helpful legal tips and expert advice. Have questions for us? Don’t hesitate to reach out. You can find our contact information on this website as well.

Man with injured and wrapped hand filling out "Work Injury" form.

Seeking Legal Assistance for an On-the-Job Injury Attorney in Portland

Written by George McCoy on February 11, 2022. Posted in Personal Injury.

When it comes to injury on the job, most people immediately think of workers’ compensation. Though filing a workers’ comp claim is a necessary first step, it is not always the only step in receiving fair compensation for injuries sustained at work. This is especially true if the injury was caused by someone other than an employer or co-worker. These injuries are classified as a third-party injury claim and may entitle you to workers’ compensation and damages in a personal injury case.

If the injury you received at work was caused by a third party, you may want to file a personal injury claim in addition to the workers’ comp case. If you live in Oregon and are looking to receive fair compensation for your injury, it may be in your best interest to hire a Portland personal injury attorney. Read below to understand the benefit of a personal injury attorney for your on-the-job injury.

Understanding Workers’ Compensation

Before delving into third-party injuries, it’s important to first understand workers’ compensation. Though each state has different laws regarding workers’ comp, the program is designed to protect employees from losses due to injury or illness obtained on the job.

Workers’ comp is a type of insurance that provides medical care as well as wage replacement for wages lost. It is a no-fault program, which means that you can still receive these benefits even if the accident was your fault. Typically, this program enables an employee to receive medical care and recovery from losses while protecting the employer from potential lawsuits.

Defining Third-Party Injury Claims

An employee may file a third-party claim in addition to the workers’ comp claim if the injury they received was caused by reckless or negligent behavior by someone other than their direct employer. This excludes an injury caused by a co-worker or supervisor with the same direct employer.

What can qualify for a third-party injury claim? Any accident that was caused by someone separate from your employer. This can include jobs that work with multiple organizations at the same time while on site. Certain industries use a variety of organizations on the jo site, such as construction sites and certain fields of entertainment. Within the construction industry, there may be a general contractor, subcontractor, property manager, as well as multiple companies that specialize in framing or finish carpentry.

Third-party injuries can also occur in situations that place the employee in contact with people outside of the jobsite. For example, if an employee is driving for their job and another driver on the road hits them, the employee can file for workers’ comp as well as sue the individual responsible for the accident. If the at-fault party was driving a company vehicle, they may even file a personal injury claim against the company. An injury can also be classified as third-party if it is caused when an employee visits another company or business as part of their job duties or occurs because of a defective tool or machinery.

These injuries can include, but are not limited to, car accidents, premise liability, slip and falls, and malfunctioning equipment. It can also include occupational disease, such as exposure to a gas leak or asbestos on the jobsite, leading to health complications.

Why File a Third-Party Claim?

In most cases, Oregon’s laws and statutes protect employers from suits being brought against them by an employee. However, Oregon law also allows an employee to file a personal injury case against a third party for out-of-pocket damages. Workers’ compensation can be minimal, while a third-party claim can cover out-of-pocket expenses, economic damages, pain, and suffering, as well as punitive damages. These can be pursued in addition to workers’ comp.

Benefits of Legal Representation

If you are a victim of a third-party injury, then you may need to file a personal injury claim. If this is the case, you may also need to seek representation from a Portland personal injury attorney. A personal injury attorney will have your best interests in mind while seeking compensation. Not only will they be your advocate, but they will also have the experience and understanding to prepare your claim and gather all necessary evidence to build a strong case.

Workers’ compensation is no-fault, which means fault does not have to be proven on the employer’s part in order to receive benefits. However, in a third-party injury case, the other party must be proven at fault in order for you to receive compensation. An experienced personal injury attorney knows what evidence is necessary and will ensure you don’t miss any necessary paperwork or deadlines. There are certain time limitations depending on the claim. Hiring a personal injury attorney as soon as possible is important to ensure you don’t miss out on compensation because you waited too long.

It’s also important to hire a personal injury attorney who is experienced with both workers’ compensation law as well as personal injury law. These laws are technical and in a personal injury claim, a case could go to trial. If this is the case, you will want an experienced trial attorney as your advocate.

Compiling Evidence

If you believe you can pursue a third-party injury claim, it’s important to take action immediately. While seeking the advice of a personal injury attorney, begin compiling as much data as possible surrounding your injury. This includes copies of receipts, medical bills, records of lost wages due to lost work, witnesses’ accounts and contact information, as well as written documentation of your symptoms and experiences. Continue to seek medical treatment and keep records of these visits.

When choosing a Portland personal injury attorney, consider our expert team at Warren Allen LLP. Our firm offers legal representation and advice for people who have been affected by third-party injuries and helps them to receive compensation. Contact us today and we will help you receive the best resolution possible so you can focus on healing.

Man in suit explaining document to another man. Law concept.

What Is a Strict Liability Tort and in What Instances Is It Used?

Written by George McCoy on January 21, 2022. Posted in Personal Injury.

If you’ve suffered a personal injury through no fault of your own, you may be wondering what recourse you have available. An incident causing personal injury can often be traumatic, resulting in pain, expensive medical procedures, and even emotional trauma.

Warren Allen LLP wants to assist you in recouping the cost of those medical expenses and the pain and suffering you may have endured as a result. The process can be lengthy, complex, and involve specialized legalese with which you may not be entirely familiar, so it’s always recommended to enlist the assistance of a Portland personal injury attorney. But it’s always good to understand the vocabulary.

For instance, personal injury law typically involves the legal doctrine known as strict liability tort. We’ll outline for you exactly what it means and break down in what instances it’s most often used.

Strict Liability Tort Defined

Let’s break down this concept into parts. We’ll first start with tort. This term typically refers to a wrongful act that causes harm to another and for which relief may be sought in civil court through a compensatory award, commonly referred to as damages, or an injunction. Most civil lawsuits are based on tort law, with the exception of contractual disputes, which are governed by contract law.

Strict liability, in a sense, has to do with the mindset of the person whose actions caused the harm or loss. For instance, you may have heard the term “intent” used in criminal law. If a person is charged with murder, for example, a prosecutor often tries to establish that the defendant planned the crime and intended to kill the victim.

If the defendant did not intend to harm the victim, however (perhaps the death was due to negligence or recklessness rather than caused by willful action, for instance), then the defendant may be charged with a lesser crime, such as involuntary manslaughter. In this case, involuntary refers to the fact that the responsible party did not intend for the death to occur.

Strict liability, on the other hand, focuses on the responsible party’s actions rather than the intent behind them. In fact, when strict liability tort is applied, a person’s intent is not taken into consideration when deciding whether or not the person is liable for inflicting the harm.

In other words, if a person commits a harmful act, a court can find them liable for that act without a finding of fault. Even though there may have been no ill intent or negligence on the part of the responsible party, that person can still be held liable for the damage the harmful action caused. The main issue at play when strict liability tort is applied is whether the person or party to the suit is responsible for the harm or loss.

In What Instances Is It Used?

To give you a better idea of how and when strict liability tort is used, we’ll walk you through a few examples.

Criminal cases

Let’s start with criminal law. Most traffic offenses hold that the offending party is strictly liable for the offense regardless of whether or not they intended to break the law.

Let’s say, for instance, your car’s speedometer stops working and you’ve been unable to get into the repair shop to have it fixed. You’re going 50 in an area with a posted speed limit of 40 because you’re none the wiser. You’re simply following traffic. You will likely be ticketed for speeding, regardless of how fast everyone else on the road was traveling since most traffic offenses employ the use of strict liability.

Civil cases

Strict liability tort is often used in civil cases as well, particularly personal injury cases. A couple of examples include animal attacks and product defects. For instance, let’s say someone lets their dog out into the backyard to relieve itself. While the dog is outside, it somehow escapes through a hole in the fence. You see the dog running loose around the neighborhood and try to approach it to get the owner’s name and phone number off the dog tag. But as you get closer, the dog attacks.

You may be entitled to compensatory damages in the state of Oregon if the dog’s owner had preexisting knowledge that the animal was dangerous. The owner may have never intended for the dog to escape from the backyard and perhaps was never even aware that the dog left the yard in the first place. But under strict liability tort, the owner could be held responsible for the injuries the dog inflicted if there was reason to believe that the dog had a propensity for the dangerous behavior.

Strict liability tort is also used in many product defect cases. The defect may occur during the production process (known as a manufacturer’s defect) or be caused by a deficiency in the product’s original design (considered a design defect).

Under Oregon law, if you are able to establish that the product was unreasonably dangerous or that the manufacturer had a responsibility to warn about the dangers of using the product and failed to do so, you may be entitled to compensatory damages. If you’re working out on a treadmill, for instance, and the machine malfunctions, causing you serious injury, then you may be entitled to a compensatory award.

Work With a Professional

Of course, these are just examples, and the legal complexities of such cases can become quite convoluted. That’s why it’s well worth it to work with an experienced attorney. It’s also important to keep in mind that, just as there is a statute of limitations in many criminal cases, you are also bound by time constraints when it comes to filing a personal injury lawsuit. If you were injured and believe that you may be entitled to compensation, speak with a qualified attorney soon.

If you would like to consult with a Portland personal injury attorney, give Warren Allen LLP a call. We will help you get the best resolution possible and receive the compensation you deserve.

Category: Personal Injury