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Personal Injury Claim: Recovering Fair Compensation for Your Damages

What Happens After You Hire a Personal Injury Lawyer?

What Happens After You Hire a Personal Injury Lawyer?

Written by George McCoy on . 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?

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

Written by George McCoy on . 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?

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

Written by George McCoy on . 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

What To Do After a Car Accident in Portland

Written by George McCoy on . 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 . 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 . 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 . 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.

 

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.

Male attorney going over legal forms with female client.

Responding to Client Trauma After Personal Injury

Written by George McCoy on . Posted in Personal Injury. No Comments on 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

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.