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Tag: Personal Injury Attorney

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How Do I Estimate a Personal Injury Settlement?

Written by George McCoy on . Posted in Personal Injury. No Comments on How Do I Estimate a Personal Injury Settlement?

It’s never a good thing when you need to seek a personal injury settlement. By definition, it means you’ve been injured in some way, whether that’s injury to your person or injury by the loss of someone close to you. However, we are fortunate to have a legal system that makes legally and safely seeking personal injury settlements as straightforward as it can reasonably be.

But we regularly find our prospective clients asking us a particular question as they start their personal injury settlement journey: How much money should I be asking for? What’s a fair amount to be seeking as a personal injury settlement that will adequately address my damages and financial need, while not making it look like I’m just trying to get rich quick?

In this blog, we’ll look at the different types of damages typically included in a personal injury settlement and how much you should typically be seeking in your claim.

Important caveat: If you’re at all unsure about how to estimate your personal injury settlement amount, don’t just hazard a guess. There are many factors that go into assessing the amount you should be seeking, and you may not know about many or even most of the categories. For that reason, we highly recommend speaking to an experienced personal injury lawyer before ever putting expected damages down in writing.

That said, let’s look at common wisdom about estimating claims.

The Average Personal Injury Settlement Is Between $3,000 and $75,000

Conventional wisdom in the world of personal injury law is that when you seek compensation for damages in a personal injury lawsuit, you can expect to receive (if successful) anywhere from $3,000 to $75,000. Damages below $3,000 typically aren’t seen in personal injury lawsuits; they’d be more suited for small-claims court.

On the other hand, while it is certainly possible to receive claims above $75,000, and you may have heard about personal injury settlements in the range of millions or tens of millions of dollars, these are extremely uncommon. What’s more, these are almost always not economic damages but rather punitive fines. That is, these are not necessarily reflective of the economic and personal hardship you yourself suffered but rather levied in order to punish the offending party for wrongdoing.

For instance, let’s say you lived downstream from a power plant that was dumping chemical waste in your water supply, leading to health issues for you and your neighbors. A judge or jury might award you money to address your health care costs, but if it found that the power plant company was acting willfully and recklessly, it might impose millions of dollars more in punitive fines as an extra penalty.

Still, punitive fines aren’t something that you can control—and the vast majority of personal injury lawsuits are settled before a trial ever starts—so you shouldn’t consider them as part of the estimate of damages you’re seeking.

Intangible vs. Tangible Damages

In any estimate of personal injury damages, there are always two types of injury to consider. One is much easier to estimate and quantify than the other.

Tangible damages

Tangible, or “hard” damages—sometimes called “special” damages—can include things like:

  • Medical expenses. How much did you spend out of pocket on specialists, medicine, physical therapy, hospital stays, and so on as a result of this injury?
  • Lost wages. How much money would you have made during the time period you were out of work as a result of the injury you suffered?
  • Other bills. If you were in a car accident, how much did it cost you to repair your car—or was it totaled and you had to buy a new one? Did you have to rebuild part of your house when an incorrectly felled tree damaged it? How much did you spend on hotel fees while living elsewhere waiting for your home to be livable again?

These are just some of the most common types of tangible or hard damages that you can expect to encounter as part of a legal settlement. These, in the end, are easy to quantify—you just need to add up all your bills. (Incidentally, this is why it is critical to keep records of all of these expenses so that you can prove you really did pay this money and that it was immediately relevant to the injury.)

Intangible damages

However, there are other damages, as well. Intangible damages, sometimes called “soft” damages or “general” damages, include things like pain suffered, emotional damage, loss of enjoyment, and so on.

These damages can be much more difficult to quantify than hard damages can, but they’re often the bulk of a settlement amount, and for good reason. After all, you can quantify being out of work for three months recovering, but how much money does it cost to have an aching body for the rest of your life due to the accident? If you had a car accident, what price can you put on anxiety every time you drive? Or if you had a love of skiing but the injury to your legs means you may never ski again, how much is “may never again do a beloved activity” worth?
For these reasons, you can see why intangible damages are both much harder to calculate than hard damages and often the more sizable part of any personal injury settlement estimate.

While it’s impossible to just put a price tag on things like loss of enjoyment or physical and emotional pain, one handy rule of thumb is this: take whatever your hard damages total is and multiply it by four or five to get the amount you should estimate for your intangible damages.

Setting Expectations

The reality is that you likely won’t get the full amount you seek in a trial, mainly because settlements are negotiated out of court to prevent it from going to trial in the first place. You can also only expect to recoup, in general, what the other party has in assets or insurance. It may not be possible for the person or entity you’re suing to pay the amount you ask.

However, working with an experienced personal injury attorney, like those at Warren Allen LLP, will increase your odds of getting the settlement you deserve. We know how to handle negotiations and estimations to maximize your settlement. If you’re looking to file a personal injury settlement, contact the experts at Warren Allen today.

 

Couple meeting with personal injury attorney.

4 Questions to Ask When Hiring a Personal Injury Attorney in Gresham

Written by George McCoy on . Posted in Personal Injury. No Comments on 4 Questions to Ask When Hiring a Personal Injury Attorney in Gresham

Trying to recoup losses after suffering a personal injury due to an accident can be a difficult endeavor, especially while also trying to focus on getting better. Though you may be entitled to compensation for your losses, filing a personal injury claim can be a confusing process without the aid of a professional. Not all insurance companies have your best interests in mind, and they may try to minimize the amount you receive.

A personal injury attorney will represent your best interests while you try to receive fair compensation for your losses. They will not only be an advocate on your behalf but will also guide you through the entire process, ensuring all necessary steps are accurately completed in a timely manner.

If you live in Oregon and have decided to consult a personal injury attorney in Gresham, Oregon, what questions should you ask? Below is a simple guide to help you choose the right attorney to represent you.

1. What Is Your Personal Injury Case Background?

Though you are looking to hire a personal injury attorney, this is a broad category, and not all attorneys have necessarily handled cases similar to yours. When speaking with a potential attorney, it’s a good idea to ask about their background. What is their experience? What kinds of cases have they represented? What was the result of these cases?

When seeking representation, it’s beneficial to choose an attorney who has experience with cases like yours. There are a variety of accidents that fall within the broader category of “personal injury.” This can include slip and fall accidents, auto accidents, medical malpractice, workplace accidents, as well as other forms of personal injury. Ask the attorney you are consulting about their experience related to your particular case and what the outcome was. If they have won cases similar to yours, they may have a better understanding of how to build a strong case representing your interests.

2. What Are Your Fees?

Personal injury attorneys typically work for a contingency fee. This means you don’t have to pay any fees unless your case is won or settled favorably and you receive monetary recovery. If you successfully recover money damages, then your personal injury attorney will take a fixed percentage of the recovery. This percentage can vary, though it typically ranges between 25 and 45 percent. When consulting a potential attorney, ask what their fixed percentage is and what their qualifications are for handling your case.

It’s also important to ask about additional fees. In the event your case is unsuccessful, who pays for the case-related costs? Some attorneys won’t cover out-of-pocket costs if your lawsuit is unsuccessful and will charge these in addition to the contingency fee. Before selecting an attorney, make sure you are clear on all potential fees and what their billing practices are. You may want to explore other law firms until you find an attorney that fronts the costs of pursuing a personal injury claim.

3. How Long Will a Resolution Take? Will It Go to Trial?

Though most personal injury cases can be settled outside the courtroom, if a desirable settlement cannot be reached, your personal injury attorney should be prepared to take the case to trial. This means that they will adequately prepare for every scenario it takes to reach the best resolution possible for your interests. It also means that they have the time to commit to resolving your case.

Though your attorney may not be able to give a specific time frame or promise whether or not it will settle, they should be able to offer advice, general expectations, and a rough timeline. Specific details will depend upon your individual case and the cooperation of other parties involved. However, asking will help you assess if a potential attorney is committed to helping you resolve the claim as quickly as circumstances allow for fair compensation.

4. What Is My Claim Worth?

Each individual case is different, and an attorney will not be able to give you an exact amount of what they expect your claim is worth. But an experienced attorney should be able to provide a rough estimate. This will be based on the particulars of your claim, as well as their past experiences from similar cases.

An attorney should be able to guide you through the process and prepare you for what to expect, including what your claim is worth. They will evaluate liability, discovery, and previous medical history and how it may impact your compensation. Using this figure, you can compare it to other estimates and determine who is offering unrealistic settlement figures and where you should exercise caution.

If you live in Gresham and are looking for a team of personal injury attorneys you can trust, consider choosing Warren Allen LLP. Our expert team offers legal representation, solid legal advice, and exceptional service. Our personal injury attorneys in Gresham, Oregon, will work hard to help you receive fair compensation and the best resolution possible. Contact our firm today and learn what your options are so you can focus on what matters most—healing from a personal injury and recovering losses.

 

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How Do I Prepare for My Personal Injury Hearing in Portland?

Written by George McCoy on . Posted in Personal Injury. No Comments on How Do I Prepare for My Personal Injury Hearing in Portland?

If you’ve suffered a personal injury to the point where you’ve decided to bring a legal case in the hopes of recouping damages, then one of the most important parts of the process is the personal injury hearing. At the hearing, you (or your attorney) will present your case and argue why you are justified in seeking damages. Whether you live around the world or here in Portland, personal injury hearings are a critical part of the process, and you should know how to best prepare for them.

What Is a Personal Injury Hearing?

Typically, the term “personal injury hearing” specifically refers to the session where a personal injury case is argued before the judge, who will then determine fault and damages. However, not all personal injury cases actually make it to trial—in fact, the vast majority do not. Only about 4% to 5% of personal injury cases ever see a day in court, as the overwhelming majority are settled out of court.

Colloquially, however, this phrase may be used to refer to other matters related to personal injury proceedings. Two of the most common alternatives that may be called “personal injury hearings” (typically by non-attorneys or other legal professionals) will be personal injury depositions and personal injury mediations.

What’s the Difference Between Personal Injury Hearings, Depositions, and Mediations?

The three are very different in terms of outcome but also share broad similarities. In all of these, you will be telling your Portland personal injury lawyer—or your lawyer wherever else you live in the world—about why you think you deserve to be compensated for the injuries you’ve suffered. However, the differences between them are notable.

What Is a Personal Injury Deposition?

A deposition can be thought of as a “fact-finding” session. In a deposition, an attorney attempts to piece together exactly what happened and the facts of the matter as they related to the personal injury case.

If you are the person who experienced the personal injury, you may be called by your attorney to give an official deposition as to the facts of the matter. However, even if you are not the victim (or the plaintiff), you may be called in to testify. This can be true even if you are a witness to the events that happened.

You can think of a personal injury deposition as a “trial before a trial.” In other words, even though the attorneys are not pleading a case before a judge, much of the same information will be shared—this is the opportunity for the attorneys to gather the information that they will later use to plead their cases in the trial proper.

Most depositions are not held in a courtroom. Rather, they will usually be held at law offices or in other designated spaces owned by the attorneys involved in the case. However, a deposition is a legal proceeding, and as such, you are considered under oath and must be careful to tell the truth so you don’t risk perjury.

What Is a Personal Injury Mediation?

As previously mentioned, most personal injury cases in Portland and around the country are settled before trial. A personal injury mediation session may be one of the ways two parties come to an agreement, or it may be something mandated by the judge after the hearing proper. Either way, a personal injury mediation is a session in which the plaintiff and defendant (and their legal teams) come together to agree on an appropriate settlement.

Unlike the deposition, which is usually just for fact-finding, a personal injury mediation session is usually legally binding and will attempt to resolve the case for good.

What Is a Personal Injury Hearing?

A personal injury hearing, as previously mentioned, involves the parties in question coming forward to argue their cases in front of a judge. At the conclusion of the personal injury hearing, the judge will decide in favor of the defendant or plaintiff and award monetary damages—or alternatively, they may decide that the case should go to mediation, in which case you should refer to the above section.

Either way, it’s important that you know how to behave in these varying scenarios. So whether you’re around the country or here in Portland, personal injury hearing guidelines include the following:

  • Tell the truth. Not only is this a good maxim to live by, but in a deposition or hearing, you are under oath and therefore are legally obligated to be truthful. If it can be proven that you were lying, not only could the result be appealed, but you could face charges of perjury.
  • Be prepared. No attorney—and no judge—enjoys a defendant who doesn’t know what they’re talking about or who has to waste time trying to remember a facet of the event in question. You’re human, and of course, there’s leeway, but you should be sure to prepare as much as possible in terms of reviewing documents and your memory of the events in question.
  • Be on time. The annals of legal history are full of anecdotes of plaintiffs or defendants who forgot their court dates and as such forfeited their cases (and wasted the court’s time). Don’t be one of them. Ensure you know exactly where and when your court date is scheduled and don’t miss it.
  • Dress appropriately. You don’t need to show up to the court in full formal dress, but wearing clothing with vulgar images or slang on it might give a poor impression to the judge. Dress nicely to ensure you are perceived as credible.
  • Don’t take things personally. Whether you are the plaintiff or the defendant—or a witness—people will be challenging your version of the events that transpired. The opposing counsel is legally obligated to do so, in fact. So when the opposing counsel puts forth a sequence of events that are totally at odds with how you describe it, don’t get angry. Remaining calm is the best thing you can do in a court hearing, especially if you’re on the stand.

If you have questions about personal injury hearings in Portland, Oregon, or anywhere else, don’t worry—contact an expert. At Warren Allen, we’re here for a consultation today.

 

Young African American woman holding neck with personal injury after car accident.

How Does the Personal Injury Claim Process Work?

Written by George McCoy on . Posted in Personal Injury. No Comments on How Does the Personal Injury Claim Process Work?

If you have experienced a personal injury due to an accident, you may be entitled to compensation. Recovering from an injury takes time and can be costly. These hardships can range from monetary loss to physical and emotional pain and suffering. Medical bills, lost wages from missing work, repairs to damaged property—the costs can be overwhelming. However, you may have a right to recouping these losses.

Filing a personal injury claim gives you the opportunity to receive compensation for injuries sustained in an accident. This can be the help you need to recover physically, mentally, and emotionally as well as recover any financial loss. But how does the claim process work? If you live in Oregon and are filing a Portland personal injury claim but are uncertain of how it works, below is a simple breakdown of the process. Understanding how it works can alleviate added stress so you can have peace of mind knowing you are on the road to full recovery.

Seek Medical Treatment

The first step in the claims process is getting necessary medical treatment. If you don’t receive treatment immediately for any injuries sustained, it suggests these injuries were not that serious, and it will be difficult to prove otherwise to an insurance adjuster or jury. It is also the most important step in regard to your own health and recovery. Do not delay treatment because you are worried about how much it will cost or if you can afford it.

Keep careful documentation of treatment received as well as copies of all bills. These records are important to building your case and receiving fair compensation.

Consult With a Personal Injury Attorney

Though it’s possible to file a claim without legal representation, it isn’t advisable for more significant injuries or if you’re receiving opposition from the other party involved. An attorney will fairly represent you and your interests while advocating for the compensation you are entitled to. This is especially true if you have lost more than a couple of days of work or have costly medical bills. Insurance companies often attempt to minimize how much you receive, so an attorney can be a powerful ally in making sure you receive the full compensation you qualify for.

If you’re in the Portland area and looking for an experienced attorney for your Portland personal injury, Warren Allen LLP offers legal advice and representation for those who have been affected by these accidents. Whether you have experienced a car crash or other type of accident that has resulted in an injury, we are here to help you every step of the way. Contact our firm today and learn what your best options are. We’ll work to the best resolution possible and help you receive compensation.

Open Claim and Submit Demand Package

A personal injury attorney will then investigate your claim and gather all details pertaining to the accident, injury, and treatment. This includes all medical records and bills related to the accident. Once you have been interviewed and obtained all necessary documentation, a claim is filed with both parties’ respective insurance companies.

Most personal injury cases settle without filing a lawsuit in court. A demand package is a comprehensive collection of all medical bills and documents detailing the accident, injury, treatment, wage loss, and any other financial damage. This package is prepared during the pre-litigation stage and begins negotiations with the insurance company. At this stage, a favorable settlement may be reached.

If the insurance company agrees to fair financial compensation and you accept, a lawsuit will not have to be filed. However, if the insurance company offers a low settlement in hopes you will want to quickly settle, it may require more arbitration. If they are unwilling to offer a fair settlement, the next step is litigation.

File a Personal Injury Lawsuit

If a settlement is not reached, litigation begins when your attorney files a personal injury lawsuit in court. This step should only take place after you have reached “maximum medical improvement.” Your medical treatment should be completed before submitting a demand package or filing a lawsuit because it helps an attorney determine what your case is worth.

After the complaint (the court action that begins the lawsuit) is filed, both you and the defendant will complete an “interrogatory” (a written document comprised of questions that have been answered to gather information regarding the accident) and a “deposition” (verbal questions).

Trial

As mentioned previously, most personal injury cases don’t make it to trial and can be settled out of court. And a very few instances require mandatory arbitration instead of court. This is usually limited to situations involving medical malpractice.

Once both parties of the claim have as much information regarding the claim as possible, an objective arbitrator reviews the evidence and will suggest a resolution, though, it is non-binding. If mediation and negations cannot result in a settlement, then your attorney will represent you and your interests in court and help you receive the compensation you deserve. If at no point in time you or the other parties involved are able to come to a voluntary agreement and reach a settlement, your case will be decided by a jury verdict and judgment.

Another reason your case may have to go to trial is if the statute of limitations on your claim is about to run out. If this is true with your claim, your attorney will have to file a lawsuit in court so they are able to continue your claim. This will, in turn, maintain your right to seek compensation for your injuries and not lose out on such claims because you missed the deadline by which your claim was to be filed within the proper court.

If you have suffered an injury and are seeking compensation, knowing the process of your personal injury claim and having the right team in your corner can help mitigate uncertainty and undue stress so you can focus on what matters most: recovery.

Woman with neck brace right arm in sling in attorney's office..

What Is a Contingency Fee in a Personal Injury Suit?

Written by George McCoy on . Posted in Personal Injury. No Comments on What Is a Contingency Fee in a Personal Injury Suit?

A personal injury lawsuit is the last thing anyone wants to face. It means you or someone you love has been injured or even died. Now you could be navigating a new reality with medical bills and work loss. A personal injury lawsuit could be a way to recover a settlement that will help relieve some pressure and stress. One phrase you might see connected to personal injury cases is “contingency fee.” This is a way of saying that the attorney will be paid based on the outcome of the case.

In this article, we discuss the contingency fee arrangement in-depth to help you understand what it means and how it might affect you. If you’re considering a personal injury lawsuit in Oregon, consider the experienced attorneys at Warren Allen.

What Is a Contingency Fee?

A contingency fee in Oregon is a payment arrangement based on the results of the case. An attorney does not collect payment for work unless the case is successfully resolved in the client’s favor. In a personal injury case, this means that if a client reaches a settlement or wins in court, the attorney gets paid. If the client loses the case and there’s no settlement, the attorney isn’t paid. The contingency fee arrangement is not allowed in cases where ethical issues are present, such as family law, where a contingency fee could be seen as incentivizing work for something where vulnerable people are at risk.

How Does a Contingency Fee Work?

A contingency fee is a written agreement between a client and an attorney. The written agreement should include expectations for the recovery fee and expenses. According to ORS 20.3040, the agreement must be explained to the client by the attorney, written in a reasonable way so the client can understand, and signed by both parties. The client has the right to in writing to void the arrangement within 24 hours of signing. Here are a few things that you should see in your contingency fee agreement:

  • Fee Structure: The agreement should state that it’s a contingency fee agreement and include the rate charged. Fees are often a percentage of the lawsuit settlement awarded to the plaintiff. Most recovery fees are between 30 and 40 percent of the settlement, but this can vary. A larger, more complex case may have a higher fee. Some attorneys may charge a higher fee if the case cannot be settled outside court and needs to go to trial.
  • Costs and Expenses: Every case will have fees and expenses that come up. The agreement should detail what to expect and how the fees will be handled. Below, you will find some of the possible fees in greater detail.
  • Fee Disputes and Termination: A client has every right to end their representation by an attorney, but this may lead to disputes about fees for the work done. Coming to an agreement on this possibility is an important part of the arrangement.

What Additional Fees Might Come Up?

Additional fees or costs are the expenses an attorney incurs while building a case for their client. Some of the additional fees might include court costs, filing fees, deposition and transcription, expert witnesses, travel, medical filing, and other administrative fees to cover necessary paperwork. In a contingency fee arrangement, these costs could be added to the recovery fee charged by your attorney so they can recover what they spend on building the case.

Talk with your attorney about the fees that might come up. An experienced attorney should be able to walk you through the expected fees for building a case like yours.

What Are the Advantages of a Contingency Fee Attorney Contract?

One of the key advantages is no fees up-front. You may have medical bills, loss of income from missed work, insurance deductibles, or other issues to manage. The contingency fee arrangement allows a client who may not have the financial resources to pay for quality legal representation up-front to still have their case prosecuted.

There’s a low risk for the client, but a high risk for the attorney. The attorney will need to weigh whether the strength of the case is sufficient to justify the time and effort necessary to win. If the case lacks merit, an attorney may turn it down. Remember, when an attorney takes on a case, they may need to turn down other work.

Another advantage is that your attorney is motivated to do their best work for you, as they won’t get paid if there is no settlement.

What Should You Expect When Considering a Contingency Fee?

Navigating a personal injury suit can be stressful and confusing. An experienced personal injury attorney should help you understand your case in a way that relieves some of that stress. A high-quality attorney will consider all areas of the case before advising you how to proceed. You may have a lot of questions as you decide on an attorney and whether you want to build a case. Here are a few things to expect from a personal injury attorney when considering a contingency fee arrangement:

  • An attorney will explain your rights. A personal injury attorney should help you understand your rights, give an honest assessment of how they understand the case including if you might have been doing something that might limit your ability to recover a settlement.
  • They will assess and investigate the accident. Your attorney will need a full understanding of the incident and how it happened. This might include hiring an investigator, taking photos of the scene, interviewing witnesses, and other activities to document what happened.
  • Your attorney will advise you on how to move forward. Once a full understanding of the event is gained, an attorney can advise you on how to proceed. This may include helping you understand what could make it more or less likely you will win a settlement.
  • If necessary, your attorney will represent you in court. Most personal injury cases are settled long before a hearing in court is necessary, but if your case requires a hearing, then you will benefit from an experienced attorney who both understands the law and can navigate the hearing process competently.

For experienced personal injury attorneys, contact the professionals at Warren Allen.

 

Older man in neck brace meeting with personal injury lawyer

5 Reasons Having a Personal Injury Lawyer Is Important

Written by George McCoy on . Posted in Personal Injury. No Comments on 5 Reasons Having a Personal Injury Lawyer Is Important

If you’ve experienced an accident that has resulted in an injury to yourself or a loved one, obtaining fair compensation may be critical for the recovery process. Though recovery is the primary concern, it can be costly. The added financial stress of medical bills, repairs, and work missed can be overwhelming. Additionally, the insurance company may try to minimize the amount of compensation you receive.

Rather than settling a claim on your own, you may want to hire a personal injury lawyer to be your advocate. Legal representation can be extremely beneficial when attempting compensation, helping to ease the financial and emotional burden so you can focus on getting better faster. Below are just a few of the reasons it’s important to have good legal representation.

1. Prevents Errors

Personal injury claims are contingent upon getting the facts straight. Though the accident’s details may seem straightforward, it’s easy to miscommunicate the facts or make small errors. In a system where your best interests aren’t always the priority, something you say can be turned against you. Even if you have done a diligent job of keeping records and documenting the injury, symptoms, or proof of damage, a simple mistake such as a paperwork error or a missed deadline can cost you the case.

A personal injury lawyer equipped with the knowledge of how these claims work can protect you and your case from simple errors. Keeping track of all the details can be complicated, especially when managing your own recovery with doctors’ appointments and any insurance claims also involving damage to property, such as your car or house. Good legal representation will keep track of what you need when you need it, presenting your case in the best way possible. This will better ensure fair and full compensation.

2. Protects Against Insurance Companies Trying to Withhold Money

Though there are good insurance companies, most are businesses that will have their own interests in mind. When it comes to providing compensation, an insurance company may try to minimize how much you receive. There are insurance laws that regulate these companies, but they will also have a team of attorneys representing them that will understand these laws and how to use them in their favor or find possible loopholes. It’s important to have representation on your side who also understands these laws and can protect you from losing out on money you may be entitled to.

3. Evaluates Damage Accurately

Evaluating damage properly is twofold: whose fault is it and how much damage was sustained? It’s important to identify fault. Establishing that the accident isn’t your fault and having the proof to back these claims will help your case establish liability. A good personal injury lawyer will eliminate any doubt of how these injuries occurred and who the responsibilities lie with. They will also help compile the evidence needed to document the extent of the injury and any damage to property.

However, the full damage may not be limited to visible damage. Depending on state laws, some claims may entitle you to pain and suffering compensation or loss of consortium. A good personal injury lawyer can better assess the extent of damage in addition to reimbursement of medical bills and have a better understanding of what your claim is actually worth.

If you have experienced an accident and need advice on what your claim is worth, contact the expert team at Warren Allen LLP. We are here to help you deal with the aftermath of an accident and provide solid legal representation and advice to help you receive compensation. Contact our firm today so you can learn what your options are for the best resolution possible.

4. Manages Claim Details

Personal injury claims can be quite complex. Each state has different laws and different rules you must comply with. There are required documents and paperwork and deadlines to be met, and your claim must be substantiated with strong evidence. With obtaining all the documents, filling out the paperwork, acquiring proper evidence, following protocol properly, and meeting all your deadlines, this can be a lot to manage. Not to mention balancing all of this with continuing your recovery and any emotional damage sustained as well. Legal representation will manage your case so you can focus on getting better, without the risk of compromising your claim or the payout you receive.

A skilled attorney will have the knowledge of what you need to build your case so you can have the best possible outcome. This could include accident reports, eyewitness statements, photographs, medical records, insurance information, and financial records.

Legal representation will also understand the procedures you must follow. Do you have to schedule a damage inspection? What paperwork do you need? Is there a statute of limitation? Which state you live in will determine the maximum amount of time a person has from the date of injury to when they file their claim. An attorney will help you meet deadlines and follow proper procedures so you don’t miss out on potential compensation.

5. Help Prepare You for Deposition

You may be required to give a deposition. If you’re unprepared, this can be intimidating. A deposition is a sworn, out-of-court testimony of a witness involved in a civil lawsuit. Though it may seem simple enough to give an honest account of the accident and how the injuries were obtained, it can be difficult to recall these events later with accuracy and detail.

A personal injury lawyer will help you gather the facts and compile a clear and accurate account of what you remember. They will also make sure that it’s as comprehensive as possible. If you’re nervous, you will be able to practice with your attorney until you feel confident you can retell the events with accuracy, clarity, and honesty.

This is a difficult time in your life, and it can be emotionally and financially draining. Having an experienced attorney is important because they will focus on the details of helping you win your claim so you can focus on your health, making recovery your top priority.

 

Woman shaking hands with male attorney.

5 Questions to Ask When Choosing Personal Injury Attorneys in Portland Oregon

Written by George McCoy on . Posted in Personal Injury. No Comments on 5 Questions to Ask When Choosing Personal Injury Attorneys in Portland Oregon

Most of us hope that we’ll never have reason to hire a personal injury attorney in our lives. By definition, you only need the services of a PI attorney when something has gone wrong and you (or someone you love) has suffered an injury or even death. However, not wanting to ever have to hire an attorney to represent you when seeking compensation for injury doesn’t mean that you shouldn’t prepare for the possibility.

Here are some questions that you should ask when looking for personal injury attorneys in Portland, Oregon—or, really, anywhere.

What Does a Personal Injury Attorney Do?

Before you know what questions you should ask a hypothetical PI attorney in the Portland, OR, area, you should know what the purpose of a personal injury attorney is.

An attorney who specializes in matters of personal injury is an attorney who will help people who have suffered a wrong or an injury, typically in an accident of some kind. Given that medical expenses in the United States can often be dire, one of the most critical purposes of a personal injury lawyer is helping you recoup money that will help you pay these bills—so that you aren’t staring down the barrel of medical bankruptcy at a time when you should be focused on healing. The damages you and your attorney will seek can also go toward covering living expenses while off work, and so on.

Whether in Portland, Oregon, or elsewhere, personal injury attorneys will:

  • Explain your rights. The best lawyers will give an honest assessment of your case as they understand it. What rights do you have that might have been violated? Alternatively, were you doing anything at the time that might make seeking damages more difficult?
  • Assess and investigate the incident. Some law firms specializing in personal injury may carry out their own investigations of an accident, hiring professional investigators to do things like interview witnesses, take photos of the scene, and other activities to document what happened to you. Your attorney and their staff want to make sure they have a full understanding of the events that transpired.
  • Advise you as to how to proceed. The legal system can be a tricky, arcane beast even when you aren’t recovering from injury. It’s often tremendous help to have an objective voice that can give professional, experienced advice as to how you should proceed and what steps will make it more or less likely for you to receive the damages you deserve.
  • Represent you in court. The majority of personal injury claims are settled long before anyone ever steps into a courtroom, but should that step occur, you’ll be well served by having experienced legal counsel to handle the case for you. A trial requires expert knowledge not just of the law, but also of how it is applied—and how to argue it—and that’s why you want a seasoned personal injury attorney to argue your case, whether in a Portland courtroom or anywhere else.

Now that we know the role a personal injury attorney typically holds, what should you look for and what should you ask when you hire one?

5 Questions to Ask a Prospective Personal Injury Attorney

Hiring a personal injury attorney isn’t like hiring a painter or a web design firm, where if the result is subpar, you’re only out time and money and can easily try again. Many times, your first attempt to recover damages over an injury is the only attempt you get; judges frown on repeated attempts to file lawsuits over the same offense. (Setting aside appeals, but we’ll get to that later).

Because of this, you need to make sure your personal injury firm is the best in the business at what they do. Always ask at least these questions, and do your research to get to know the law firm and its staff.

1. Have You Handled Cases Like This Before?

The most brilliant attorney in Portland today might be a fresh-faced young lawyer hot off the bar exam, but that’s not a smart gamble to take. Even veteran attorneys might be fishes out of water when faced with a case that isn’t quite their expertise. Would you trust even an accomplished podiatrist with your eye surgery? Of course you wouldn’t.

Ask your prospective attorney whether they’ve represented clients like you before—and what the outcomes were. If the law firm has handled dozens of cases like yours but hasn’t won any, that might mean you should keep looking.

2. What Do You Think the Outcome Will Be?

On the other hand, a losing record might indicate that cases like yours rarely succeed. Lawyers aren’t psychics or fortune-tellers, but they do understand the law, and when you lay out the facts, they can often give an honest prognostication of where they think this case might go. This isn’t an ironclad guarantee, of course, but it might help you decide your next steps. For instance, if the attorney says you’ll be more likely to see money in arbitration, rather than in a courtroom, you can pursue that avenue.

3. How Will the Billing Be Handled? What Fees Do You Have?

Outside of pro bono lawyers—who may handle your case in certain circumstances—your attorney and their firm will, of course, expect to be paid for their hard work. It’s important to understand the fees that your representation will be seeking and to understand how and when they expect to be paid. Nobody likes talking about money, but it’s critical to ensure you’re all on the same page.

4. What Work Will You Need from Me?

When you sign the contract to officially hire a personal injury attorney, sometimes your work is done and you can leave it all up to your law firm. Other times, the attorney will need you to provide documents, other information, or anything else they can use to build your case. However, most of them will probably tell you not to do any work, like talking to witnesses, on your own—that can backfire.

5. What’s the Strategy for an Appeal?

If you lose a case, you’re usually allowed to appeal it to a higher court. (As are the defendants if the court rules in your favor). It’s important that you assess how prepared a law firm and its attorneys are when it comes to appellate courts. Ideally, you’ll win the case at the first level, but planning ahead is never a bad thing.

These are just some of the many questions you should ask a personal injury attorney when looking for representation in Portland or around Oregon—or the country. You should always consult multiple potential attorneys to ensure that you have the right personal injury firm to represent your case.

To find top-notch representation in the Portland area or for legal consultation, contact Warren Allen.

 

Male personal injury attorney going over paperwork with female client.

What to Bring When You Meet Your Personal Injury Attorney

Written by George McCoy on . Posted in Personal Injury. No Comments on What to Bring When You Meet Your Personal Injury Attorney

Experiencing an accident resulting in personal injury or in the injury of a loved one is stressful enough, without the added stress of having to learn how to proceed with a personal injury case. If you’re trying to receive compensation from an accident, legal representation can be a beneficial asset. Though this can initially feel overwhelming, getting all your proper documentation in order before meeting with your attorney can help streamline the entire process and minimize unnecessary stress. Equipped with the proper documents, they can best assist you and your case so you can focus on getting better.

But what documents do you need? To make the process more manageable, listed below are helpful documents to bring when meeting with your personal injury attorney for the first time.

Medical Records

Medical records pertaining to injuries sustained during the accident and any treatment received are critical information for a personal injury case. This documentation provides a record of the severity of the injury and how much treatment was required, as well as proof of treatment corresponding with the date of the accident. This information is foundational in establishing that the injury is real and required medical treatment and that the treatment is directly related to the accident.

Bring any bills or doctor’s notes, as well as any photographs. If you’re uncertain if it’s relevant, bring it anyway. It’s best to have comprehensive documentation. Bring any relevant paperwork received from visits to the hospital, doctor’s office, physical therapist, or specialist.

Witness Contact Information

After you have been in an accident, it’s important to get the contact information of anyone who witnessed the accident and is willing to provide their information. Make a record of their full name, address, and phone number. If there are any written statements involved, bring copies of those as well. If you don’t have any statements, the contact information will help your personal injury attorney obtain any necessary statements.

Accident Report

If you were in an accident caused by another person, filing a police report is helpful in establishing who is at fault. The accident will be on record and the police may investigate if necessary. Both parties’ claims will be on record in detail as well as a description of the scene. If you have any photos from the scene, including photos of your injury or damage to your property, bring them as well. Both the accident report and any relevant photos taken will be an aid to verifying your claim.

Insurance Information

You will also want to report your injury or accident to your insurance provider. Keep records of any correspondence with your provider. Make copies of emails exchanged and make notes of phone conversations, including dates and with whom you spoke. If another party is at fault, you will need their insurance information as well.

When meeting with your attorney, make sure to bring copies of your insurance policy. If you were in a car accident, you’ll need to include a copy of your automobile insurance policy.

Financial Records

Make sure to keep records of any costs you have incurred as a result of your injury and any other related damage. This means saving receipts for medical bills or repairs for damaged property. If you had to buy any goods or services because of your injury, keep the receipts. If you had anything fixed because of an accident, keep those receipts as well.

You should also keep track of lost wages. If you lost any time from work due to your injury, bring documents that show what dates you missed and the pay lost from missed work. These could include pay stubs, payroll documents, or your W-2 form. Make sure to keep a log of any dates you missed from work, even if you can’t find supporting paperwork.

Personal Account

In addition to official documents, it’s helpful to keep a written journal detailing the events related to your injury and any other pertinent information. Keep records of your injuries and any damage through writings and photos. It may be helpful to get a notebook dedicated to journaling and detailing injuries, damage, symptoms you’re experiencing, as well as your experiences.

A key element to include in your personal recordings is a timeline of events. It’s easy to forget details or get the order of events mixed up, especially as time passes. Writing down your personal account will help you remember the details of what happened: when it took place, the order of events, what and how it happened. This will not only help you remember what happened, but it will also help you present the important facts of your case to your personal injury attorney.

Additional Information

Other important information to include in your personal account are the names, addresses, and numbers of services obtained or other parties involved. This can include the ambulance service, emergency room, business addresses and names of doctors or specialists who treated you, witnesses, insurance adjusters you spoke with, other people involved in the accident, and anyone else you spoke to about the injury or accident. Make sure to include the dates you were admitted to the hospital or emergency room and dates of work missed.

If you have any questions or need advice, contact our expert team at Warren Allen LLP. Our firm offers legal representation as well as advice for anyone who has been affected by an accident. We will help you to receive compensation and the best resolution possible. If you don’t have legal representation, an insurance company may attempt to minimize the amount you receive. Contact our firm today and find the representation and advice you need, as well as the best options available to you.

Personal injury because of an accident can be scary and overwhelming without proper support and help. However, the right tools and people in your corner can mitigate the entire process. Equipped with the proper documents and a skilled attorney, you can better obtain proper compensation with peace of mind during this trying time.