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What Will a Portland, Oregon Car Accident Lawyer Do?

Written by George McCoy on November 10, 2022. Posted in Car Accident. Leave a Comment

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

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

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

Determine Fault in an Accident

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

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

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

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

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

Negotiate with Insurance Companies

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

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

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

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

Settlement Guidance

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

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

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

Representation at Trial

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

Your Portland Attorneys Should Be Experts in What You Need

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

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.

What To Do After a Car Accident in Portland

Written by George McCoy on April 7, 2022. Posted in Car Accident. Leave a Comment

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

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

1. Safety First

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

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

2. Secure Your Traveling Companions

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

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

3. Talk With the Other Driver

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

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

4. Gathering Information

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

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

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

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

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

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

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

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