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Gathering Evidence for a Pain and Suffering Claim

Gathering Evidence for a Pain and Suffering Claim

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

When you’re injured in an accident, the impact doesn’t stop at the scene of the incident. Bills pile up, missed work creates stress, and the emotional toll can cut deep. Living in constant pain, sleepless nights, or the weight of not being able to live life the way you used to, all of that matters. That’s why you have the right to file a pain and suffering claim. It gives you a way to seek recognition for the human cost of your injury, not just the financial one.

However, emotional damages and the long-term toll of pain are more challenging to prove than economic damages. Unlike a hospital invoice or a pay stub, a pain and suffering claim doesn’t come with a specific dollar amount attached. So how do you prove it? The answer is evidence.

The more proof you have, including records, photos, and testimony, the harder it is to dismiss what you’ve gone through. While that may sound like a lot to take on, especially while you’re still trying to heal, we’ve put together this guide to help you understand what needs to be done.

Medical Records

Imagine trying to prove you have a broken bone without any test results to back up your claim. Chances are, the insurance company won’t take you seriously, and it’s no different when you’re trying to prove you’re in pain. That’s where medical records can help. They’re the backbone of a pain and suffering claim because they provide clear, official proof that you’ve been hurt and that the pain hasn’t gone away.

Every doctor’s visit, every prescription, and every physical therapy session tells part of your story. Together, they create a timeline of what you’ve been through. If you’ve kept up with follow-up care and treatment, it shows consistency. It says, “This isn’t a one-time complaint; this is ongoing.” Insurers can’t ignore that.

Mental health records also carry weight. Maybe you’ve been seeing a counselor because of anxiety, depression, or trauma stress linked to your injury or accident. Their notes show that the impact hasn’t just been physical and make it harder to argue that your suffering is minor or exaggerated.

The bottom line is, without medical records, unfortunately, your claim of pain is just words on a page. With them, however, you have proof documented by a professional. When you’re fighting for fair compensation, that proof can make all the difference.

Personal Journals, Photographs, and Witness Statements

Medical records cover the clinical side of things, but they don’t capture your day-to-day reality. Think about the nights that you’ve been unable to sleep, the family events you’ve had to miss, or the simple tasks that suddenly feel overwhelming or impossible. Your personal records will help document all of that.

A journal may seem like an insignificant item, but the things you’ve written can add depth to your pain and suffering claim. Writing down your pain levels, frustrations, and limitations creates a picture of what you’re living through. A note about how hard it was to walk across the room one morning or how discouraging it felt to miss your child’s game can be powerful.

Photographs can speak loudly too. A swollen ankle, a surgical scar, or even a ramp built onto your home tells a story without words. These images give weight to your claim in ways that a medical report never could because they show, in real time, how your life has changed.

Don’t discount the experiences of the people around you, either, as your family, friends, and coworkers may notice changes too. Maybe a coworker has seen you struggle with tasks you once did easily. Maybe your spouse has noticed a shift in your mood or personality. Their words can confirm what you have documented, giving your pain and suffering claim a stronger foundation.

On your own, this kind of evidence can be frustrating and daunting to organize and present. Experts like the team at Warren Allen LLP will help you make sure your personal proof is handled in a way that supports the bigger picture of the extent of your injury.

Expert Testimony

Now, picture yourself in front of an insurance adjuster who isn’t convinced. While your medical records and journals are important, sometimes they want more. Expert testimony backs up your evidence and brings authority, translating your pain and suffering into more professional terms that carry more weight.

For example, a doctor might explain how your injury will likely affect you for years to come. A psychologist could break down how trauma or depression tied to the accident affects your daily life. These voices don’t just support your story; they validate it from a professional perspective.

Other experts may step in, depending on your situation. A vocational specialist can explain how your injury limits your ability to do your job. A life care planner might outline what accommodations you’ll need down the road. These testimonies make the effects of your injury harder to dispute, since they come from people whose job is to analyze and explain them.

Expert testimony doesn’t replace your experience, though; it amplifies it. It shows that what you’ve been saying all along is backed up by people trained to assess the long-term impact of injuries. And with guidance from seasoned attorneys, you can be sure the right experts are brought in to strengthen your claim.

You Deserve Compensation

A pain and suffering claim is about making sure the suffering you’ve endured doesn’t get brushed aside just because it’s harder to measure than a medical bill. Records show the medical side of your story, your journals and photos highlight the personal toll, witnesses confirm that others see it too, and experts tie it all together with authority that supports your claim. Gathering all this proof takes effort, and it can feel daunting on top of everything else you’re going through, but you don’t have to do it alone. With the right guidance from an experienced law firm like Warren Allen LLP, the right support, and the right evidence, your pain and suffering claim has a far better chance of being recognized as a reflection of the challenges you’ve carried and the justice you deserve.

How Oregon Automobile Insurance Covers You After an Accident

How Oregon Automobile Insurance Covers You After an Accident

Written by George McCoy on . Posted in Auto Insurance.

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

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

Auto Insurance Claims Process

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

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

Oregon Automobile Insurance Requirements

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

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

Personal Injury Protection

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

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

Specifically, PIP covers:

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

What Does PIP Not Cover?

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

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

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

Liability Coverage

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

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

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

So you may want to opt for a higher limit.

Uninsured Motorist Coverage

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

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

What If My Insurance Isn’t Enough?

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

What Do General Damages Mean in Insurance?

What Do General Damages Mean in Insurance?

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

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

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

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

Types of Losses Covered by General Damages

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

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

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

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

How Non-Economic Losses Are Calculated

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

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

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

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

Supporting Evidence

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

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

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

Lasting Impact of Non-Economic Losses

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

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

What Is Considered an Emotional Injury?

What Is Considered an Emotional Injury?

Written by George McCoy on . Posted in Personal Injury.

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

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

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

Common Symptoms of Emotional Injury

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

Types of Emotional Injury

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

Anxiety

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

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

Depression

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

Post-Traumatic Stress Disorder (PTSD)

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

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

Loss of Enjoyment of Life

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

Grief and Bereavement

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

Emotional Distress

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

Emotional Injury in Personal Injury Law

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

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

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

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

Consult with Warren Allen About Your Emotional Injury

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

Take These Steps If You’ve Been in a Car Accident in Oregon

Take These Steps If You’ve Been in a Car Accident in Oregon

Written by George McCoy on . Posted in Car Accident.

A car accident is a terrifying and incredibly stressful event, especially when injury or death occurs as a result. Even a minor incident on the road can create long-term financial and emotional consequences, as dealing with the complex legal and medical paperwork can feel overwhelming, especially after you’ve suffered a traumatic experience. After a car accident, your main focus should be recovery, yet the police, DMV, insurance companies, and medical institutions will all be making demands for more information.

Our Oregon-based legal firm, Warren Allen LLP, is here to help. While we can’t make the accident itself any less stressful, we can help you navigate the steps you need to take so you can minimize some of the chaos and confusion in its aftermath. If you’ve experienced a car accident in Oregon, we offer legal advice and representation .

As soon as possible after an accident has occurred, follow this guide to ensure a smooth return to normalcy.

Seek Medical Attention as Soon as Possible

The first priority after any car accident is to see to the health and safety of the people involved. If any injuries or fatalities have occurred, call 911 immediately. In severe accidents, emergency medical care may be required. If emergency services are called to the scene, heed their instructions and ensure that everyone affected by the accident receives the appropriate care. Note that it is not always obvious when an injury has occurred. Symptoms may sometimes manifest themselves days or even weeks later, particularly as the adrenaline caused by a traumatic event may mask pain and discomfort.

Even if there aren’t clear signs of an injury, you and anyone else involved in the accident should see a medical professional as soon as possible. Not only will this allow any problems to be addressed before they become more serious, but it will also help to ensure that any diagnoses that are made can be directly linked to the crash. If you wait too long, you may have difficulty proving your injuries were caused by the accident should any legal action need to be taken.

Obtain Insurance Information

The next task is to obtain insurance information for all parties involved in the accident. Depending on the circumstances of the accident, this may or may not be a simple matter, but it’s important to get it sorted out at the scene, if possible. Exchange insurance information with the other driver (or drivers) involved. At the bare minimum, you’ll need a name, phone number, and the name and phone number of their insurance company. You should also take note of some basic details about the cars involved, including the makes, models, and license plate numbers.

Follow Up Afterwards if Necessary

Of course, it isn’t always as simple as just trading information at the scene. If a hit and run occurred, or if the injuries involved were too great to discuss paperwork details before an injured party left by ambulance, then you may need to follow up afterward to get the information you need. Typically, this can be done by checking the police report from the accident scene or contacting the DMV.

Document the Scene – Including Photos

After an accident, you will likely need to file an insurance claim, and you may eventually choose to seek legal counsel as well. In both cases, it’s important to be able to provide as much information as possible from the scene, so ensure that you have clear documentation, if you can.

Part of this will include your statement as a witness, so try to recall as many details as you can in the moment, including the exact location and time of the accident, the weather, the state of the roads, and so on. Write down everything you remember, including the circumstances leading up to the accident and its immediate aftermath. Get information from anyone else who was in the vehicle or may have witnessed the accident as well.

If you can do so safely, you should also compile photographic documentation of the accident scene. Take pictures of the damage to the vehicles as soon as possible after it has occurred, as well as the surrounding area, including the road conditions. How is each car positioned? Are there any hazards nearby? Is the road wet or icy? The better you can paint a clear photographic picture, the more help you can provide to the authorities, insurance companies, and if necessary, your legal team.

File a Police Report

In some cases, the police will be called to the scene of an accident to assist. In other cases, however, you may need to contact them after the fact to file a report. After a less serious car accident in Oregon, police departments have non-emergency numbers you can call, which should be done as soon as possible to ensure a timely report is made. In the state of Oregon, you are legally required to make a report if an injury or death occurs or if more than $2,500 of property damage has taken place.

Notify Your Own Insurer

Your own insurance company will also need to receive thorough documentation of the accident so that you can collect any damages you may be entitled to. The information you have collected should be submitted to them, particularly any photographic evidence. Your insurance company will also need records of any damage to your vehicle or any medical costs that have been incurred.

Seek Legal Counsel

In any situation involving police, insurance companies, and potential lawsuits, it can be to your benefit to have legal representation on your side. Without the help of a legal professional, you may not be aware of your rights in the situation or the risk of litigation or charges you may be facing. A dedicated legal counsel can also help ensure you receive the maximum insurance payout or other compensation you may be entitled to.To help you navigate the complexities of Oregon law, contact us at Warren Allen LLP. We’ll go to work to help you recover legally and financially from this traumatic experience.

Involved in a Hit and Run in Oregon? What To Do Next

Involved in a Hit and Run in Oregon? What To Do Next

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

Being involved in a hit-and-run in Oregon can be a shocking and disorienting experience, leaving drivers feeling stunned, confused, and uncertain about what to do next. The sudden impact, the sound of crunching metal, and the realization that the other party has fled the scene can be traumatic, and it’s not uncommon for drivers to feel overwhelmed and unsure of how to proceed. In the aftermath of a hit-and-run incident, drivers may face a range of challenges, from dealing with insurance companies to seeking medical attention for injuries.

A hit-and-run incident can be complex, involving multiple parties, insurance claims, and potential legal action. Having to interact with law enforcement, insurance adjusters, and medical professionals, all while trying to repair your vehicle and get your life back on track, can be incredibly stressful and frustrating.

This article will provide guidance for drivers who find themselves in the aftermath of a hit-and-run accident in Oregon, outlining the immediate steps to take, the importance of obtaining medical attention, and the options for seeking compensation. Understanding the process can help you make informed decisions and take the necessary steps to protect your rights and interests.

At Warren Allen LLP, we understand the complexities and challenges involved in these cases. We have a deep understanding of the unique nature of Oregon law and are committed to client-centered advocacy and helping hit-and-run victims receive the best possible outcome in their cases.

Immediate Steps After a Hit-and-Run

After a hit-and-run, take immediate action and report the accident. Contact the police and provide as much detail as possible about the incident, including the location, time, and description of the other vehicle. If the other party has fled the scene, reporting the accident to the police can help initiate an investigation and increase the chances of identifying the other driver.

Gathering evidence is another critical part of the process. You should take photos of the scene, including damage to your vehicle or property and visible injuries. You should also make note of any distinctive features of the other vehicle, such as the license plate number or make and model of the vehicle. Witness statements can also help piece together what happened.

Be sure to keep a detailed record of any expenses related to the accident, including medical bills, repair estimates, and a record of any time missed from work. This will help you build a strong case and increase the chance of compensation.

Seeking Medical Attention

After a hit-and-run in Oregon, seek medical attention. Having a thorough medical evaluation can help identify any potential hidden injuries that may not be immediately apparent, like whiplash or internal injuries. A medical evaluation also provides a record of the injuries, which can be important for insurance purposes and in the case of a lawsuit. Some injuries may require ongoing treatment, and a medical professional can also help develop a treatment plan to ensure the best possible outcome.

Seeking prompt medical attention ensures you receive both the necessary treatment and the documentation to support your claim. This can be especially important in hit-and-run cases, where the at-fault driver may not be identified or may not have insurance.

Understanding Your Legal Rights

It’s important to understand the legal rights and options available to victims of a hit-and-run in Oregon, as medical billing and insurance laws can be complex. Oregon law takes hit-and-run incidents seriously, and drivers who flee the scene can face severe penalties, including fines, license suspension, and even imprisonment. The law requires drivers to stop and exchange information after an accident, and failure to do so can result in serious consequences.

It’s also important to be mindful of the statute of limitations for filing a claim in Oregon, as this sets a deadline for filing a lawsuit. If you miss this deadline, you may lose your right to seek compensation. The statute of limitations for personal injury claims in Oregon is generally two years from the date of the accident, but it’s best to consult with an attorney experienced in Oregon law, like those at Warren Allen LLP, to understand the specific requirements for your case.

Insurance Options and Uninsured Motorist Coverage

After a hit-and-run in Oregon, understanding your insurance options is essential to ensuring you receive the compensation you deserve. Oregon law requires drivers to carry personal injury protection (PIP) coverage and uninsured motorist coverage. Uninsured motorist coverage can help cover expenses related to medical bills, lost wages, and property damage when the at-fault driver is not identified or does not have insurance.

Insurance adjusters may ask questions about the incident, and it’s important to provide accurate and detailed information. You should also review your policy to understand the coverage limits or any exclusions that may apply. It’s also a good idea to keep a record of all correspondence with your insurance company, including phone calls, emails, and letters.

Pursuing Compensation

In a hit-and-run case, victims may be eligible for compensation for various types of damages, including economic damages, such as medical expenses and lost wages, and non-economic damages, like pain and suffering and emotional distress. In some cases, punitive damages may also be available, which can be awarded to punish the at-fault driver for their reckless or intentional behavior. Seeking legal representation is imperative in the aftermath of a hit-and-run in Oregon. An experienced attorney will advocate on the victim’s behalf, ensuring their rights are protected and that they receive the compensation they deserve. Warren Allen LLP is a trusted resource for those seeking legal guidance and representation and can help victims of hit-and-run incidents achieve the best possible outcome. Contact us so you can move forward with your life.

How To Comply with Oregon Car Insurance Laws

How To Comply with Oregon Car Insurance Laws

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

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

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

Minimum Coverage Limits

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

At minimum, Oregon drivers must have:

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

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

Personal Injury Protection

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

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

Uninsured/Underinsured Motorist Coverage

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

Proof of Insurance

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

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

Penalties for Non-Compliance

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

Fines

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

License Suspension

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

Financial Responsibility

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

Protect Yourself and Your Rights

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

Who Do I Call After a Car Accident in Oregon?

Who Do I Call After a Car Accident in Oregon?

Written by George McCoy on . Posted in Car Accident.

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

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

Notify Law Enforcement

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

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

Request Medical Assistance

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

Contact Your Insurance Provider

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

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

Report the Accident to the DMV

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

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

Seek Legal Assistance

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

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

Communication and Documentation

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

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

Is Emotional Distress a Personal Injury?

Is Emotional Distress a Personal Injury?

Written by George McCoy on . Posted in Personal Injury.

Personal injury is often associated with physical injuries like broken bones, burns, or sprains. Yet injuries can also be psychological. Emotional distress, for example, can have lasting effects on mental health and quality of life. But does emotional distress qualify as a personal injury? In some cases, yes. The law recognizes emotional distress as a legitimate injury when it results from specific incidents or actions by others.

This article explores when emotional distress may qualify as a personal injury, how to prove it, and situations in which compensation may be available.

What Is Emotional Distress in Legal Terms

Emotional distress refers to significant mental suffering caused by a traumatic event, manifesting as anxiety, depression, difficulty sleeping, or symptoms of PTSD. Emotional distress is often seen in cases where someone has been involved in a traumatic accident, has been the target of harassment, or has witnessed a distressing event.

In legal contexts, emotional distress is categorized as “non-economic” damages. While economic damages cover financial losses like medical expenses or lost wages, non-economic damages address intangible harms, like pain, suffering, and the impact on one’s mental health and lifestyle. If you or someone you know is experiencing this type of harm, consulting a legal professional, such as Warren Allen LLC, may help clarify the options for seeking compensation.

Situations Where Emotional Distress May Qualify as a Personal Injury

Emotional distress can be part of a personal injury claim if it is the result of someone else’s actions or negligence. To qualify as a personal injury, emotional distress typically must be severe and documented. Several types of incidents may lead to claims for emotional distress as part of a personal injury case.

Traumatic accidents, like car collisions, workplace accidents, or injuries in public spaces, often lead to emotional harm. When a person endures an accident, the psychological effects may persist long after physical injuries heal. Anxiety, depression, or PTSD can be triggered by the shock and pain associated with serious accidents. Courts may view these symptoms as significant enough to warrant compensation.

Negligence can also lead to claims of emotional distress. For example, if a property owner fails to maintain a safe environment and someone is injured, the injured party may suffer lasting emotional effects. Similarly, medical malpractice can cause lasting trauma when a patient’s trust is breached through careless or harmful treatment.

In cases of Intentional Infliction of Emotional Distress (IIED), the law considers emotional harm to be the primary injury. IIED occurs when one party’s extreme or malicious behavior causes mental harm to another person. Examples can include harassment, verbal abuse, and bullying. These actions, when intentional and severe, may justify a claim for emotional distress.

Proving Emotional Distress in Personal Injury Cases

Emotional distress can be challenging to prove because it doesn’t leave visible evidence. However, courts require proof that the distress is genuine, severe, and directly linked to the injury event. Demonstrating emotional distress involves several key steps.

First, there must be clear evidence connecting the distress to the defendant’s behavior. For example, if an accident resulted from another driver’s negligence, the person seeking compensation would need to show that the driver’s actions directly caused their mental suffering.

The severity of the distress is also essential to a claim. Documentation of symptoms, medical or psychological evaluations, and a diagnosis from a mental health professional can provide evidence that emotional distress is real and substantial. Experts can help establish the impact of the distress, whether it involves insomnia, anxiety, depression, or other symptoms. 

Duration of the emotional suffering can also impact a claim. Distress that disrupts daily life, work, or personal relationships is often taken more seriously by courts. The testimony of friends, family, or colleagues who have observed changes in the victim’s behavior and well-being can add further weight to a claim.

Challenges and Defenses in Emotional Distress Claims

Defendants may contest claims of emotional distress, arguing that the harm is exaggerated or unrelated to the incident. They may argue comparative negligence, suggesting that the claimant contributed to the situation that caused the distress. For example, if an injured party ignored safety warnings, the defendant may argue that the claimant bears some responsibility for the emotional harm they experienced. 

Another defense often used is the “open and obvious” doctrine, in which a property owner argues that the hazard was so visible that any reasonable person would have avoided it. Property owners may also claim that they had no prior knowledge of the hazard, making them not liable. Consulting an experienced attorney, such as those at Warren Allen, can help clients protect their rights when navigating these complex defenses.

Seeking Compensation for Emotional Distress

If a person succeeds in proving emotional distress in a personal injury claim, they may be eligible for various forms of compensation. Non-economic damages are intended to account for mental suffering and the impact on quality of life. Therapy, counseling, or medications used to manage symptoms may also be covered if these treatments are necessary to address the effects of distress. If the emotional distress has had a lasting impact on the person’s ability to work or has led to life changes, damages for lost wages or reduced quality of life may also be awarded.

The process of bringing an emotional distress claim can be challenging due to the subjective nature of mental harm. With the guidance of skilled legal representation, people affected by emotional distress can pursue fair compensation and protect their well-being. Warren Allen, LLC handles various types of personal injury claims, including those involving emotional distress, and provides resources to help people seek justice and financial support.If you or someone you know has experienced emotional distress due to another person’s actions or negligence, consider consulting with a knowledgeable attorney to understand your options. Call our offices today to schedule a consultation and see how we can offer peace of mind, help clarify the details of your case, and give you the confidence to pursue your rights.

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.

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.