Tag: Personal Injury Claim

Couple meeting with personal injury attorney.

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.

 

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

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.

Male attorney going over legal forms with female client.

Responding to Client Trauma After Personal Injury

Suffering any kind of injury is incredibly difficult. The recovery process afterward can be daunting. And you’ll surely have many, many questions about your next steps. It’s not a situation you should have to handle on your own. That’s why it’s so important to surround yourself with people you can count on. This includes a reputable personal injury attorney. If you’re on the fence about hiring one, you should know they are also a support system if you’re experiencing trauma. Read on below to find out some of the ways personal injury lawyers support and protect their clients.

Safe Environment for Client

A personal injury lawyer will work to keep you safe both physically and psychologically. This includes creating a safe, structured environment for you throughout the process. From the start, they will know how to form a trusting attorney-client relationship. You can count on personal injury lawyers to be patient, compassionate, and willing to go above and beyond to accommodate clients’ trauma.

There are a number of ways your attorney can adapt the environment to best suit you as well. For instance, you can meet in quiet, private settings. If you’d feel better having multiple shorter meetings instead of one long meeting, they can try to accommodate that. For many people, predictability helps. If that’s the case for you, meetings can be held at the same times and/or on the same days. You can discuss options and see what makes you feel most comfortable.

Avoiding Potential Triggers

Personal injury lawyers, especially those with a lot of experience, are familiar with the signs of trauma. And they should know how to avoid further exasperating you. Due to the many unique factors that come with these cases, they will come to you with the education needed to handle it.

Another way your attorney keeps you safe is by protecting you in potentially triggering situations. They are experts at handling the difficult conversations that can bring back traumatic memories of the accident. Interacting with those responsible for your injury is too emotional and upsetting to go through on your own. And negotiations with insurance companies can be incredibly stressful. Your attorney has the knowledge, experience, and skills to be a great negotiator. A client doesn’t necessarily have that expertise and should not be expected to.

Supporting Client Throughout Process

After a traumatic event, it’s understandable that you’d need to focus on healing instead of immediately thinking about your financial situation. But the financial stress, from medical costs to how long you may be out of work, can really take a toll. That’s why it’s so important to have a personal injury lawyer looking out for your financial well-being. They will help to make sure that you receive a sufficient amount. Without a lawyer, you may wind up receiving little to nothing.

A personal injury lawyer will also serve as a great source of support. In addition to fighting for your right to compensation, they’re also there to listen. The confidentiality agreement can help people feel more at ease to open up about their feelings and lingering trauma. Effective communication is a core value of personal injury lawyers.

While trust and communication with a lawyer can greatly help, they are also not the only people you should consult. Your lawyer should also have a number of references for psychologists, psychiatrists, specialists, counselors, and more. These resources will further aid your recovery.

Filing a Claim

When you’re injured in an accident, it’s best to gather as much evidence for your claim as possible. However, this is understandably another step that can be traumatic to handle on your own. Your attorney can work to confirm your claims and find more evidence to support them. In fact, they often have ways of collecting significant evidence that you would not have access to, such as police reports and surveillance.

Without a lawyer, even just filing the initial personal injury report can be very difficult. The expertise your personal injury lawyer has means they’ll provide you with excellent advice along the way. Their experience will be helpful for analyzing your case, determining the best steps to take, and predicting potential outcomes. This takes a lot of stress off your shoulders.

At the same time, they will still leave decisions up to you. A lawyer is there to help you, not steamroll your wishes. And they know the balance between sheltering you from triggering situations and making sure your voice is heard.

Preparing Client for the Case

If necessary, your lawyer will thoroughly prepare you for a deposition. When clients experience trauma, it can sometimes affect memory. And one of the trauma responses is to suddenly shut down. So, ahead of time, you can put your side of the story together. And you can go over it as many times as you need to remember which important details you want to include.

Lawyers know that going to trial could hurt and trigger a traumatized individual. That’s why they will go above and beyond to avoid a trial in your case. If you do end up needing to appear in court, your lawyer will make sure to extensively prepare, protect, and support you. Preparation can include role-playing and thoroughly going over the whole process as many times as necessary. Sometimes, your lawyer can give you an idea of the type of questions you will be asked so you won’t feel blindsided. Usually, knowing what to expect will help ease your nerves. They will also be aware of the behaviors that stem from trauma and can explain them to the judge and jury as needed.

To find out more, don’t hesitate to reach out to the professionals at Warren Allen. We have been providing excellent service to the Portland and Pacific Northwest area for five decades. The extensive experience and expertise of our staff will be incredibly beneficial. You can find more information about our personal injury law services on our website. You can contact us via the website as well.

Older man in neck brace meeting with personal injury lawyer

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.

 

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