Personal Injury Claim Archives - Warren Allen LLP Attorneys at Law

What Can a Personal Injury Lawyer in Portland Do for Me?

Written by George McCoy on August 20, 2023. Posted in Personal Injury. No Comments on What Can a Personal Injury Lawyer in Portland Do for Me?

Accidents happen when we least expect them, and the aftermath can be overwhelming. Dealing with injuries, medical bills, and the stress of navigating the legal system can be daunting, especially if you’re not familiar with the intricacies of personal injury law. That’s where a personal injury lawyer in Portland can be your strongest ally. In this article, we will explore how these legal professionals can assist you in handling your personal injury case and securing the compensation you deserve.

Legal Expertise and Guidance

A personal injury lawyer is a legal professional with specialized knowledge and experience in handling cases related to personal injuries. They are well-versed in the laws and regulations specific to Portland, Oregon, and have a deep understanding of how the legal system works in personal injury cases. By hiring a seasoned personal injury attorney, you gain access to their expertise and guidance, which is crucial for navigating the complexities of your case.

Case Evaluation and Investigation

One of the initial steps a personal injury lawyer will take is to evaluate your case. They will carefully review the circumstances surrounding your accident, collect evidence, and assess the extent of your injuries. This thorough investigation is essential for building a solid case and determining the parties responsible for your damages. Gathering evidence, such as medical records, accident reports, and witness statements, can significantly impact the outcome of your claim.

Expert Handling of Insurance Companies

Insurance companies are known for their tactics to minimize payouts to injury victims. When dealing with the aftermath of an accident, you may need to be in a better position to negotiate with these companies effectively. A skilled personal injury lawyer knows how to handle insurance adjusters and will advocate on your behalf to ensure you receive fair compensation for your injuries, damages, and losses.

Accurate Calculation of Damages

Determining the actual value of your personal injury claim can be a complex task. There are various types of damages you may be entitled to, including medical expenses, lost wages, pain and suffering, and future medical costs. A personal injury lawyer has the experience to accurately calculate the total damages you have suffered and will seek compensation accordingly.

Legal Representation in Court

While many personal injury cases are settled outside of court, some disputes may require litigation. A personal injury lawyer will be prepared to represent you in court if a fair settlement cannot be reached with the responsible party. Their courtroom experience and advocacy skills will protect your rights and ensure you have the best chance of a favorable verdict. The steps of a settlement that a personal injury lawyer in Portland will take for you include preparation for a trial, filing the lawsuit itself, the discovery phase (where each party will gather evidence for the case), pre-trial motions to dismiss specific evidence, and the courtroom representation itself. This will include their expert coverage of cross-examination and defense, the post-trial proceedings, or any settlement reached during the process.

Contingency Fee Arrangement

One of the most significant advantages of hiring a personal injury lawyer in Portland is the typical contingency fee arrangement. This means you do not have to pay any upfront fees for legal services. Instead, your attorney will only receive payment if they successfully secure compensation for you. This arrangement allows access to quality legal representation for individuals who may need more financial means to pay for legal services upfront.

Focus on Your Recovery

Dealing with a personal injury case can be time-consuming and emotionally draining. When you have a personal injury lawyer handling the legal aspects of your case, you can focus on your recovery and well-being. Knowing that a dedicated legal professional is fighting for your rights can provide much-needed peace of mind during a challenging time.

Settlement Negotiation Skills

Personal injury lawyers are skilled negotiators. They understand the tactics used by insurance companies and the strategies required to secure a fair settlement. By enlisting the help of a lawyer, you increase the likelihood of obtaining a settlement that adequately compensates you for your injuries and losses.

Trial Experience

In the event that your case does go to trial, having an experienced personal injury lawyer by your side is invaluable. Trial proceedings can be complex, and having a lawyer familiar with courtroom procedures and a successful track record in litigation will greatly benefit your case.

Each courtroom has its own unique dynamics and protocols. Experienced personal injury lawyers are familiar with the intricacies of the courtrooms in Portland, where they have likely handled previous cases. They understand how to navigate the courtroom environment, interact with court personnel, and conduct themselves professionally, contributing to a smoother trial process.

Trials are dynamic and unpredictable, and unexpected situations may arise during the proceedings. An experienced personal injury lawyer is well-versed in handling unforeseen challenges and can quickly adjust their strategies to counter any unexpected developments.

Alternative Dispute Resolution

Besides going to trial, a personal injury lawyer can explore alternative dispute resolution methods, such as mediation or arbitration. These methods can be less time-consuming and costly than a full trial and may lead to a satisfactory resolution for all parties involved.

Hiring a personal injury lawyer can significantly benefit your case if you’ve sustained a personal injury in Portland. And no one in Portland will fight for you like the attorneys at Warren Allen Attorneys at Law. From providing legal expertise and guidance to negotiating with insurance companies and representing you in court, we will fight for your rights and work tirelessly to secure the compensation you deserve.

With our help, you can focus on your recovery while knowing you have a skilled advocate working on your behalf. Remember that the statutes of limitations apply to personal injury cases, so it’s essential to consult with a personal injury lawyer as soon as possible to protect your rights and pursue your claim effectively.

Is a Dog Bite Injury Attorney Worth It?

Written by George McCoy on July 20, 2023. Posted in Personal Injury. No Comments on Is a Dog Bite Injury Attorney Worth It?

When an encounter with a dog turns into a painful dog bite injury, it can be a traumatizing experience. A dog bite’s physical and emotional repercussions can be overwhelming, leaving victims with medical bills, lost wages, and a lasting fear of dogs. In such cases, seeking legal representation from a dog bite injury attorney can make a significant difference in obtaining fair compensation and justice.

Expertise in Dog Bite Laws

First and foremost, navigating the legal process can be complex and overwhelming, especially when dealing with a dog bite injury. Dog bite laws can be complex and vary from one jurisdiction to another.

Hiring a dog bite injury attorney means having a legal professional specializing in personal injury cases, specifically those related to dog bites. They have an in-depth understanding of the laws and regulations governing dog bites in your jurisdiction. This knowledge allows them to navigate the legal landscape efficiently, ensuring your rights are protected and you receive the compensation you deserve.

If you are looking for a skilled dog bite attorney in Portland, Warren Allen has the expertise to maximize your claim and get you the compensation and peace of mind you deserve.

Determining Liability

Determining liability in a dog bite case is crucial for receiving compensation. In some jurisdictions, strict liability laws hold dog owners responsible for their pet’s actions, regardless of whether they knew about their dog’s aggressive tendencies. In other areas, the “one-bite rule” may be in effect, where the owner is liable if they were aware or should have been aware of their dog’s dangerous propensities. A dog bite injury attorney can assess the circumstances of the incident, gather evidence, and establish liability, strengthening your case.

Gathering Evidence

To build a strong case, it’s essential to gather relevant evidence. A dog bite injury attorney has the necessary experience and resources to collect and preserve evidence that supports your claim. They can obtain medical records, witness statements, photographs of injuries and the scene, and any other evidence needed to establish the severity of the dog bite and its impact on your life. Their expertise in handling evidence can significantly increase the chances of a favorable outcome.

Negotiating with Insurance Companies

Furthermore, a dog bite injury attorney can effectively negotiate with insurance companies on your behalf. Insurance companies are notorious for attempting to minimize payouts and protect their own interests. They will often offer settlements far below what the victim is entitled to. When dealing with a dog bite injury claim, you may face challenges from the dog owner’s insurance company.

An experienced dog bite injury attorney can handle negotiations with the insurance company on your behalf, ensuring that your rights are protected and that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages. Having a knowledgeable attorney by your side significantly increases your chances of securing a fair settlement. They have the experience and legal acumen to negotiate and counter any attempts by the insurance company to undervalue or deny your claim.

Maximizing Compensation

One of the primary benefits of hiring a dog bite injury attorney is their ability to assess your case’s value accurately. Dog bite injuries can result in significant physical, emotional, and financial hardships. A skilled attorney will fight to ensure you receive the maximum compensation for your case. They can assess the full extent of your damages, including medical bills, future medical expenses, rehabilitation costs, lost wages, loss of earning capacity, and emotional distress.

By calculating the actual value of your claim, they can pursue a fair settlement or represent you in court if necessary. This comprehensive evaluation ensures that you pursue a fair and just compensation amount.

Peace of Mind

Hiring an attorney is undoubtedly worth it if you’ve been injured by a dog bite. Dealing with the aftermath of a dog bite injury can be overwhelming, especially when you’re already coping with physical pain and emotional distress. By hiring a dog bite injury attorney, you can focus on your recovery and well-being while leaving the legal complexities to a trusted professional. Their expertise in dog bite laws, ability to determine liability, and skills in gathering evidence and negotiating with insurance companies are invaluable. Additionally, their commitment to maximizing compensation and providing peace of mind during a challenging time makes them vital allies in your pursuit of justice.

Moreover, a dog bite injury attorney understands the emotional toll a dog attack can have on a victim. They provide not only legal but also emotional support throughout the entire process. Dealing with the aftermath of a dog bite can be distressing, and having a compassionate attorney who genuinely cares about your well-being can make a significant difference. They can help connect you with resources such as therapists or support groups to aid in your recovery.

Most dog bite injury attorneys work on a contingency fee basis, meaning you don’t have to pay upfront fees. The attorney’s fees are contingent upon winning your case or securing a settlement. This arrangement allows individuals who may not have the financial means to hire legal representation to still have access to justice. It also means that the attorney has a vested interest in obtaining the best possible outcome for you.

Working with an attorney can be highly advantageous if you have suffered a dog bite injury. They possess the legal knowledge, negotiation skills, and courtroom experience to navigate the complexities of personal injury law and fight for your rights.

From accurately assessing the value of your case to negotiating with insurance companies and representing you in court if necessary, a dog bite injury attorney is dedicated to obtaining fair compensation for your injuries and aiding in your recovery. The attorneys at Warren Allen LLP are experienced and ready to help with dog bite cases and much more. Contact us today to see how we can help support you.

5 Factors That Matter in a Strong Personal Injury Claim

Written by George McCoy on April 20, 2023. Posted in Personal Injury. No Comments on 5 Factors That Matter in a Strong Personal Injury Claim

Personal injuries occur unexpectedly, leaving victims with physical and emotional trauma, as well as financial strain from medical bills and lost wages. In such situations, it’s important to seek legal help from a qualified personal injury lawyer to navigate the complex legal process and obtain fair compensation for your losses. Determining the value of your injuries in a personal injury case can be complex.

There are several factors that make a strong personal injury claim, both tangible and intangible. Five key elements to consider when making a claim include liability, damages accrued, causation, timing, and your legal representation.

Liability

A crucial factor in a personal injury claim is establishing liability or comparative fault. Liability is the legal responsibility of the defendant for any loss or damage to the plaintiff. Comparative fault will determine the degree of responsibility each party had in causing the damages, both personal and general.

To establish liability you must prove that the other party was responsible for causing your injuries. If you were injured in a car accident, you must show that the other driver was negligent and that it was their actions which led to the incident. In some cases, liability may be clear-cut while in others, it may require further investigation and evidence gathering.

Damages

Another essential component of a personal injury claim is damages, or the losses you have suffered as a result of your injuries. This can include medical expenses, lost income, property damage, pain and suffering, and more. It’s crucial to document and quantify your damages thoroughly, in particular medical expenses, as this will determine the amount of compensation you can receive.

When you sustain an injury, it is important to understand and note its severity so you can take the necessary steps to ensure your health and safety. Depending on how serious the injury is, you may need to seek medical attention as soon as possible. If you find yourself in a situation where no medical attention is deemed necessary, it is still wise to rest and avoid any strenuous activities. This will assist in your recovery.

Be aware of signs such as swelling, tenderness, bruising, and persistent pain which can indicate a more serious injury. Complications arising from an injury are also a possibility. While relying on your own judgment can at times be beneficial, it is important to have faith in professionals who are well-versed in these matters, and to rely on them. Taking care of your body should always be a top priority. If you are not sure about the severity of an injury then it is safer to err on the side of caution and consult your healthcare provider for advice.

Testimony from witnesses, photos of property damage, pay stubs, physicians’ reports, and tax returns showing lost wages can all be used as evidence of damages incurred by an attorney or jury. By presenting detailed proof of harm caused as part of a personal injury claim, victims have a better chance at fair reparations for pain, suffering, and financial losses that were caused by another party’s negligent behavior.

Causation

In addition to proving both liability and damages, there is also a need to establish causation, or a connection between the other party’s actions and your injuries. This means demonstrating that the injuries you sustained were a direct result of the other party’s negligence or misconduct. Your personal injury lawyer can help gather medical records, witness statements, and other evidence to support your claim.

Timing

Timing is critical in personal injury claims. In most cases, you have a limited amount of time to file a claim- this is known as the Statute of Limitations. The Statute of Limitations is a law that regulates the amount of time a person or organization has to bring a legal action, such as a lawsuit, against another party.

In most cases, this period is four years from the date of the allegedly wronged party’s harm or injury. However, there can be variations and exceptions depending on the situation and state in which it takes place.

Knowledge is vital when it comes to the Statute of Limitations. Understanding when the Statute of Limitations applies can be vital for preserving rights and getting justice. Failing to file your claim within the statute of limitations can result in your case being dismissed, so it’s essential to act promptly and consult with a personal injury lawyer as soon as possible.

Legal Representation

Finally, having the right legal representation can make all the difference in the outcome of your personal injury claim. A qualified personal injury lawyer in Portland can provide you with expert guidance and advocacy throughout the legal process, from filing your claim to negotiating with insurance companies to representing you in court if necessary. A good personal injury lawyer will also help you navigate the complexities of the legal system and ensure that your rights are protected.

A strong personal injury claim requires careful attention to liability, damages, causation, timing, and legal representation. If you’ve been injured due to someone else’s negligence or misconduct, don’t hesitate to seek help from a qualified personal injury lawyer in Portland.

Hiring an attorney is an important decision. You should thoroughly research their qualifications, experience, and specialty to make sure that their skill set matches your need for legal services. Before finalizing your decision, it is best to have a consultation with the potential attorney to discuss your particular situation in detail. During this time you can have an open conversation regarding the timeline, budget expectations, and general approach they would take if hired.

Ultimately you need to be comfortable with who you hire as they will be representing you in court and advocating on your behalf. When hiring an attorney to represent you, trust your gut feeling. We at Warren Allen LLP Attorneys at Law can help you obtain the compensation you deserve and move forward with your life after a traumatic experience.

What Happens After You Hire a Personal Injury Lawyer?

Written by George McCoy on March 10, 2023. Posted in Personal Injury. No Comments on What Happens After You Hire a Personal Injury Lawyer?

Have you hired a Portland personal injury attorney and are wondering what happens next? Warren Allen LLP will explain what to expect. On the other hand, if you have not yet hired a personal injury attorney, be sure to do your research and schedule an initial consultation first. Once you have your consultation scheduled, come back and review these steps so you know what questions to ask.

From initially retaining a personal injury attorney to case resolution, Warren Allen LLP will take the guesswork out of the experience so you can be as prepared as possible.

Collect Documentation

A personal injury attorney has to first be able to make your case for why the liable party is at fault and why you should be justly compensated for your injury. To do this, your attorney will need all the relevant evidence and documentation that you’ve collected about your injury.

For instance, if you’ve collected witness contact information or photos of the injury scene, you should turn those over to your attorney. You should also describe what happened in as much written detail as possible. If you’ve taken notes about your symptoms or medical visits, you should hand those over to your attorney as well.

As your case progresses, continue to keep notes about your medical visits, prescribed treatment plans, and any injury-related symptoms. Be sure to follow all of your doctor’s orders as you seek treatment. If you fail to do so and your injury worsens, you could be viewed as negligible and even perceived to be responsible for your deteriorating condition.

Everything related to your injury, regardless of how large or small, should be disclosed to your attorney. It may seem relatively insignificant to you, but it could have major importance to your case. For instance, if you get calls from the other party’s insurance adjuster, be sure to disclose that to your attorney and seek their counsel before speaking with anyone about your case.

Serve Notice

Once your personal injury attorney has all the relevant documentation, they will serve notice of your intent to pursue civil action to all the parties involved in the case. In fact, once the liable party’s insurance company receives notice that you have retained representation, they should not reach out to you going forward. If anyone reaches out to you regarding your case, direct them to speak with your legal counsel and notify your attorney right away.

Serving notice does not necessarily mean that the case will proceed to litigation. In fact, many people seek to avoid litigation altogether. Serving notice to the liable party simply starts the process so that both sides can begin negotiating a settlement.

Investigate the Case

Your attorney will then get to work on your personal injury claim in order to build the strongest case possible. For example, if you’ve provided witness contact information, your attorney will reach out to them to gather statements about what they saw or heard at the time of your injury. In some instances, your attorney may return to the scene to take photos and notes about where the injury occurred. Depending on the circumstances, your attorney may also hire a private investigator.

Attempt to Settle

Before your case goes through the formal legal process, your personal injury attorney will attempt to initiate settlement talks. Be prepared for this to be a somewhat lengthy process. Some settlement talks can take up to two years. It may take more or less time depending on the extent of your injury and the specifics of your particular situation. Oftentimes, a personal injury attorney will need to wait until the full scope of your injury is understood before accepting any settlement offers.

Your attorney will work to negotiate a settlement that’s fair and acceptable to you. Once a settlement offer is received, your attorney will notify you of the settlement terms so you can decide whether or not to accept the offer. Your attorney will explain whether the offer is fair and what your options are. Your attorney should also discuss the risks of proceeding to trial. Ultimately, you will need to decide whether to accept the settlement terms or reject the offer and proceed with filing a lawsuit.

File Suit

If you reject the settlement offer, you may need to sue for damages. When you decide to move forward with a lawsuit, your attorney will file a complaint with the court. Following the initial filing, there will be a pretrial discovery process during which both sides turn over evidence to the other.

As your case works its way through the legal system, there may still be an opportunity to settle outside court. For instance, both parties may agree to mediation. If so, a third party will attempt to reach an agreement that is suitable to both parties in a last attempt to settle the matter before it goes to trial.

The overwhelming majority of cases settle outside the courtroom. However, if settlement and mediation attempts are unsuccessful, you may have to proceed to a civil trial. If you decide to go this route, Warren Allen LLP has a skilled team of litigators who will fight on your behalf and diligently work to try to secure a favorable outcome.

If you need a Portland personal injury attorney, Warren Allen LLP serves the entire Pacific Northwest region. You can book a consultation with us so we can learn about your particular situation and provide you an honest evaluation of your case. We can also answer any specific questions you have about the personal injury claim process.

Recovering from an injury can be extremely difficult all on its own. That’s why we feel you shouldn’t have to navigate the legal process by yourself. We’ll be your advocates, by your side fighting for your interests throughout the process. We’ll explain your options and guide you through each stage of your personal injury claim with expertise and compassion.

If you want a skilled team to fight for the compensation you deserve, Warren Allen LLP will devote significant time, energy, and resources to your case. That way you can focus on what’s most important- your recovery.

Does Hiring a Personal Injury Attorney Mean That I Have to File a Lawsuit?

Written by George McCoy on February 10, 2023. Posted in Personal Injury. No Comments on Does Hiring a Personal Injury Attorney Mean That I Have to File a Lawsuit?

Filing a lawsuit can be a long, arduous process. It can sometimes take years before the matter is even heard before a judge. The good news is that hiring a personal injury attorney doesn’t mean you have to file a lawsuit. In fact, filing a lawsuit with a personal injury attorney is often the last resort.

Instead, think of a personal injury attorney as your advocate. They’re your champion, fighting to get you a fair resolution to your personal injury claim so that you are adequately compensated and can devote your full attention and energy toward your recovery efforts. Warren Allen LLP has a team of experienced Portland personal injury attorneys who will fight for your rights, both inside and outside the courtroom.

Here’s an overview of what you can expect when you retain the services of a personal injury attorney:

What Does a Personal Injury Attorney Do?

Personal injury attorneys work on your behalf to secure appropriate compensation following a physical injury to you or a loved one, or following the death of a loved one. Most personal injury attorneys work on a contingency basis, meaning they only take a portion of the final compensation amount awarded as opposed to an upfront fee. Since your attorney doesn’t get paid until a settlement amount is agreed upon or you are awarded damages, it is in your attorney’s best interest to fight for you to get the maximum amount possible.

If there’s a dispute as to who is responsible for the injury, a personal injury attorney will collect the necessary records and documentation to establish who is at fault. Even if the other party admits liability, many insurance companies will attempt to pay the bare minimum possible. Having a skilled personal injury attorney by your side will increase your chances of securing an equitable outcome.

What Happens Once I Hire a Personal Injury Attorney?

The first thing a personal injury attorney will do is collect supporting documentation for your case. If you have photos of the scene where the injury occurred, notes about what happened, eyewitness account information, medical records, or anything else that pertains to your case, you should give them to your attorney.

As you recover from your injury, keep a detailed account of any symptoms you experience as well as all of your medical visits. Write down any treatments you are prescribed or recommendations you receive from a medical provider. The more records and details you can provide your attorney, the better.

Your attorney will then get to work on your case. Typically, that begins with serving notice of your intent to file a personal injury claim with the responsible party. Your personal injury attorney will then begin settlement talks and work to secure a settlement that is fair and acceptable to you.

In some instances, settlement talks may be a fairly lengthy process. On average, negotiating a settlement takes about two years. But the length of time can vary considerably based on a number of factors, such as the extent of your injuries. A personal injury attorney often waits until the scope of your injuries, and the necessary medical treatment, are fully understood so that the most favorable settlement can be reached. Of course, this can increase the duration of your personal injury claim.

You may find it difficult to pay for your medical treatment while your personal injury claim is pending. If, for instance, you’re uninsured or your personal injury protection insurance doesn’t cover all your necessary expenses, your personal injury attorney can advise you on your available options. When you retain us, we are by your side throughout the claim process so that you don’t have to navigate these situations on your own.

What Happens If I’m Unable to Settle?

While most cases settle out of court, occasionally a personal injury attorney will need to take legal action. If we are unable to reach a settlement that is agreeable to you, the next step would be to proceed with filing a lawsuit. Once a complaint is filed with the court, there is typically a pretrial discovery process during which both sides collect information and evidence from the other.

While the case is working its way through the courts, there may still be an opportunity to reach an agreement. Both parties may agree to mediation, for instance. If so, a third party would attempt to work out an equitable arrangement for both sides.

However, if the mediation is unsuccessful, the case would proceed to trial. In the event your case does go to trial, Warren Allen’s experienced team of litigators will devote significant time, energy, and effort to ensure the best possible outcome.

That being said, the vast majority of personal injury cases settle out of court. If you’ve been injured and believe someone else is at fault, you should consult a personal injury attorney regarding your available options.

If you’re looking for a Portland personal injury attorney, Warren Allen may be able to help. We provide top-quality legal services in the Portland and Southwest Washington areas, as well as across both Washington State and Oregon. Give us a call to schedule a consultation, and we will answer your questions to the best of our ability to give you an honest assessment of your case.

Since this can be a difficult situation to navigate alone, the best decision you can make is to partner with an experienced attorney who knows the ins and outs of personal injury legalities. Getting the compensation you deserve can be a long, arduous process but we’ll be by your side the entire way and see your case through to the very end.

Leave it to the expert team at Warren Allen LLP to ensure you get the medical treatments you require, as well as adequate compensation to cover them!

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

Written by George McCoy on May 25, 2022. Posted in Personal Injury. No Comments on Should I Hire a Personal Injury Lawyer in Portland or Handle My Claim Myself?

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

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

1. Insurance Companies Are Complex Systems

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

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

2. Oregon Is an At-Fault State

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

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

3. What’s At Stake?

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

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

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

4. When Should I Contact a Lawyer?

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

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

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

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

What To Do After a Car Accident in Portland

Written by George McCoy on April 7, 2022. Posted in Car Accident. No Comments on What To Do After a Car Accident in Portland

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.

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

Describe Three Ways to Narrow Down Qualified Personal Injury Lawyers

Written by George McCoy on March 9, 2022. Posted in Personal Injury. No Comments on Describe Three Ways to Narrow Down Qualified Personal Injury Lawyers

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

1. Identify Potential Lawyers

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

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

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

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

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

2. Do Background Research

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

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

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

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

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

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

3. Talk to the Personal Injury Lawyers

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

Ask questions

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

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

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

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

Discuss fees

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

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

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

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

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

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

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

Written by George McCoy on January 21, 2022. Posted in Personal Injury. No Comments on What Is a Strict Liability Tort and in What Instances Is It Used?

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

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

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

Strict Liability Tort Defined

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

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

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

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

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

In What Instances Is It Used?

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

Criminal cases

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

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

Civil cases

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

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

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

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

Work With a Professional

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

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

Couple meeting with personal injury attorney.

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

Written by George McCoy on November 19, 2021. 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.

Tag: Personal Injury Claim

Personal Injury Claim: Recovering Fair Compensation for Your Damages