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Top Causes of Traffic Accidents in Portland Oregon

Top Causes of Traffic Accidents in Portland Oregon

Written by George McCoy on . Posted in Car Accident.

Traffic accidents are an unfortunate reality of life and almost always completely unexpected, but that doesn’t mean you can’t lower your risk of being involved in an accident. It can be helpful to be aware of some of the most common factors that contribute to traffic accidents in Portland, Oregon, and the greater Portland area, so you can stay vigilant and try to avoid or stay safe in these situations.

Distracted Driving

We’ve all seen other drivers swerving in and out of lanes while looking down at their phones. Distracted driving can come in many forms, though. Anything that takes our attention away from driving—using the phone, texting, eating, adjusting the radio, feeling drowsy, and even talking to passengers in the car—can lead to collisions.

Although Oregon does have a law in place that makes it illegal to drive while holding and using a mobile electronic device (including GPS, laptop, cellphone, or tablet), violations are common, and the law does not cover other distractions. Being aware of your surroundings, pedestrians, other drivers, and cyclists, and focusing on driving are vital to ensuring you can react appropriately and keep yourself and others safe.

Speeding

Unfortunately, high speeds generally increase the severity of a crash. As a result, wide, multi-lane roads where drivers can go faster tend to experience more severe accidents, with more serious injuries and fatalities. According to the Oregon Department of Transportation, speed played at least a partial role in 42 percent of deadly crashes between 2017 and 2021, although this number could be underreported since it is sometimes difficult to know the speed of a vehicle at the time of an accident.

Accidents due to speeding don’t just affect vehicles, either. A pedestrian struck at 40 miles per hour is 8 times more likely to die than if they had been hit at 20 miles per hour.

Speeding isn’t always just about driving over the speed limit. Drivers also need to factor in road and weather conditions when adjusting their speeds.

Impaired Driving

Driving while under the influence of alcohol or drugs presents significant dangers. Alcohol and drugs, even prescription drugs in some cases, can negatively affect motor skills, cognitive function, reaction time, and coordination. All of these can impair drivers’ ability to steer, brake, make good judgments, and respond to unexpected hazards or the actions of other drivers. Impaired driving dramatically increases the risk of traffic accidents, injuries and fatalities, potential legal penalties, and even lifelong consequences for victims and their families.

Increased Traffic and Aggressive Driving

With the popularity of SUVs, trucks, vans, and other large vehicles, roadways have become increasingly crowded, and crashes have become more serious, partly due to the extra weight and height of the larger vehicles. This can be especially devastating if pedestrians are involved.

In addition to the size of vehicles increasing traffic congestion, driver behavior is also a contributing factor to many collisions and traffic accidents. Aggressive driving, such as tailgating (following the vehicle in front of you too closely), weaving in and out of traffic, speeding, and ignoring traffic signs and signals, can be dangerous for everyone, including the aggressive driver.

Weather and Road Conditions

Although the situations listed above are common everywhere, weather and road conditions are of particular concern in traffic accidents in Portland, Oregon, since, in the fall and winter, the city experiences increased rainfall. Wet roads become slick, reducing friction and increasing the chances of hydroplaning, which lends itself to many rear-end collisions. Overcast skies and foggy weather can also reduce visibility, making it difficult for drivers to gauge the speed and distance needed to avoid other vehicles.

Icy roads can also be a concern. Because the Portland area has a fairly moderate climate, major snow and ice storms are not a regular occurrence, and it isn’t as well equipped as snowier areas with de-icers and snow plows to prepare roadways and ensure safe road conditions. In addition to icy roads, drivers without previous experience driving on wintery roads might also be unaware that they should drive slower and brake sooner when the roads are slippery. This combination of unfavorable road conditions and inexperience can lead to spinouts and collisions.

Poor Visibility and Nighttime Driving

As mentioned above, overcast skies and fog can result in poor visibility, but certain times of day and evening—dusk, dawn, late night, early morning—can also create dark or low-light conditions that make it difficult for drivers to see well. These times of day and night can be especially treacherous for pedestrians and bicyclists since drivers might be less likely to see them, especially if they are wearing dark clothing.

Keeping Yourself and Others Safe

Of course, it’s impossible to control the actions of those around you, but there are steps you can take to try to keep yourself and others as safe as possible when driving in Portland.

  • Always drive sober.
  • Eliminate distractions—don’t text, use the phone, or eat while driving.
  • Increase the distance between you and the vehicle in front of you, especially in bad weather or at night.
  • Follow the speed limit, but slow down if the weather or road conditions are not ideal.
  • Use headlights at dusk, dawn, and nighttime
  • Yield to pedestrians, even at unmarked crosswalks

Pedestrians and cyclists can do their part to reduce the risk of traffic accidents as well. Always wear reflective or light clothing, especially if you are on the road when there is low visibility.

Help for Those Injured in Traffic Accidents in Portland, Oregon

Traffic accidents can happen to anyone, even if you are a safe and conscientious driver. For those who have been injured or suffered damages as a result of traffic accidents in Portland, Oregon, we’re here to help.The personal injury lawyers at Warren Allen LLP have years of experience in representing clients seeking financial compensation to help cover medical costs, repairs, lost wages, pain and suffering, and other damages. It’s easy to set up your free consultation. Just contact us today.

Questions to Ask Medical Malpractice Lawyers at the First Meeting

Questions to Ask Medical Malpractice Lawyers at the First Meeting

Written by George McCoy on . Posted in Medical Malpractice.

We’ve all experienced the relief of being treated by a competent and caring healthcare professional when we were sick or injured, but what happens when they’re not so competent? When a healthcare professional fails to meet the standard level of care, such as by misdiagnosing a condition or committing an error during surgery or when prescribing medication, it can result in significant harm to the patient. Known as medical malpractice, this unfortunate situation falls under the umbrella of personal injury law.

In some cases of medical malpractice, you might be eligible to receive financial compensation to help in your recovery. Because medical malpractice cases can be complex, it’s a good idea to work with a personal injury lawyer who specializes in these types of cases.

There are a number of medical malpractice lawyers in Oregon, so how do you know which one is right for your case? Our team of attorneys at Warren Allen LLP has put together a helpful list of questions to ask during your consultation to help you determine who can best represent you in your medical malpractice claim.

What to Bring to Your First Meeting

It’s always a good idea to be as organized as possible so your medical malpractice lawyer can effectively understand and assess the strength of your case. Before you set up a consultation, gather all the evidence you can access. This might include:

  • Medical records
  • The names of the healthcare providers involved
  • The facility where you received care
  • A list of potential witnesses who might be able to provide additional and relevant information
  • Documentation that might support your claim, such as pictures, bills, notes, prescriptions, emails, and so on

To the best of your ability, try to write out a timeline of events. Be as specific as possible about dates, symptoms, treatment, medications, and complications.

Assess Their Experience with Medical Malpractice Cases

Before you meet with a medical malpractice attorney, it can be helpful to do some basic online research. For instance, make sure they are licensed in the state where the incident took place. Check for any online reviews on platforms like Google or Avvo, which is specific to legal information and reviews. Look for board certifications and any honors or affiliations that might indicate a specific expertise. For example, the Brain Injury Association of America maintains a list of attorneys who specialize in traumatic brain injury cases.

During your consultation, ask specific questions about their experience. How long have they practiced medical malpractice law? Have they ever handled cases with injuries or circumstances similar to your case?

Although not all cases go to court, ask whether they have any trial experience and what percentage of their caseload is dedicated to medical malpractice claims. A reputable medical malpractice attorney should also be able to provide references or testimonials from former clients.

Ask About Their Case Strategy

Once you have presented them with the evidence you have put together, you’ll want an honest assessment of your case. First, ask whether they believe you have a valid medical malpractice claim. Why or why not?

If they do think you have a case, ask how they would approach it. Are there weaknesses or challenges that might come up? What additional evidence is needed? Are there experts who could be consulted? Is there a statute of limitations for filing your particular type of claim?

In general, you want a medical malpractice attorney who takes a structured, professional approach to investigation. They should also be willing to explain legal or medical concepts to you in a way you can understand. Although it might be difficult to hear, you do want them to be transparent about obstacles or challenges you might face, especially when it comes to how the defendant might respond or try to discredit your claim.

Clarify Expected Outcomes and Timelines

One of the benefits of working with an experienced medical malpractice attorney is that they should be able to give you a good idea of expected outcomes and timelines, based on similar cases.

Ask important questions such as:

  • Will you be handling my case personally, or will I be working with another attorney or paralegal?
  • What kind of compensation might be reasonable in my case?
  • Do you anticipate a settlement is likely, or do you expect to go to trial?
  • How long does it normally take to resolve these types of cases?
  • What are the steps involved in this legal process?

A trustworthy medical malpractice attorney should never guarantee you a specific outcome or amount of damages, but they should be able to explain what types of damages are realistic, including medical costs, loss of income, pain and suffering, loss of enjoyment of life, or expenses of long-term care. They should also be able to provide a basic timeline that takes into account delays you might expect.

Discuss Fees and Costs

Many personal injury lawyers in Oregon work on a contingency fee basis, which means you only have to pay them if you win your claim. Ask to see a written contingency fee agreement as well as an explanation of how litigation costs like filing fees, paying experts, and depositions are handled. Are there up-front costs or fees you will need to pay? What will you owe, if anything, if you lose the case?

Evaluate Their Communication Style and Accessibility

Above all, you need to feel respected and listened to and know that your attorney is accessible and responsive. Are they willing to answer your questions? How quickly do they respond to emails and phone calls? Do they have team members who can help you when they are unavailable?

Clear communication is vital. Establish the following up front:

  • Who will be my point of contact during the case?
  • How often do you plan to provide updates?
  • Am I able to contact you directly?

It’s important to know that your medical malpractice attorney is professional, competent, and available to you throughout the entire legal process.

Experienced Medical Malpractice Lawyers in Oregon

If you have suffered from medical malpractice, you need a team behind you, working toward making things right. Warren Allen LLP has a team of experienced and compassionate medical malpractice lawyers in Oregon who can provide solid legal advice and exceptional service. Contact us today to schedule a consultation to see how we can help.

What Questions to Ask After a Car Wreck in Oregon?

What Questions to Ask After a Car Wreck in Oregon?

Written by George McCoy on . Posted in Car Accident, Personal Injury.

Being involved in a car accident, even a minor one, can be disorienting. One of the best things you can do to prepare just in case is to know what information you might need to gather to help protect your rights.

For instance, whenever possible, take pictures of vehicle damage (from several vantage points), license plates, driver’s licenses and insurance cards, any visible injuries, and the scene of the accident itself (including weather conditions, skid marks, traffic signals or signs, other vehicles, debris, etc.). Also, write down as much information as you can, especially about road conditions, weather, or other contributing factors, as soon as possible while your memory is fresh.

The personal injury attorneys at Warren Allen LLP have worked with many clients throughout the Pacific Northwest and have put together helpful guidance on the questions you should ask after a car wreck in Oregon, in addition to documenting the scene, to be ready for potential legal or insurance claims.

Questions to Ask Immediately

Although it can be difficult to think clearly after a car accident, it’s important to try to stay calm. The most important immediate consideration is the safety of everyone involved. Useful questions could include:

  • Is anyone hurt? If so, call 911 for an ambulance.
  • Are we in a safe spot? If there are no injuries and the vehicles are operable, move them to the shoulder of the road or to a safe location near the scene of the accident, such as a parking lot, to make room for other motorists and emergency response vehicles. Oregon law actually requires drivers to remove vehicles from the roadway after an accident in these situations.
  • Can other drivers see us? If there are injuries or you are not able to move your car, do your best to make sure other drivers can see that your vehicle is disabled to prevent secondary collisions. Turn on your hazard lights and use roadside flares or warning triangles if you have them.
  • Once everyone is as safe as possible, the next question to ask is, Do I need to report the accident to the police? In the case of a car wreck in Oregon, drivers are required to inform law enforcement if the accident results in death or injury, more than $2,500 in damages (to vehicles or property), or a vehicle being towed from the scene along with damage over $2,500. Remember that you will need to file a Collision and Insurance report with the DMV within 72 hours of the accident if it meets the above criteria.

Questions for Law Enforcement

When police arrive at the scene, it can be helpful to ask certain questions to make sure you have the necessary information should you need to pursue a legal or insurance claim later. Ask for the responding officer’s name and badge number and which law enforcement agency they are affiliated with. You can also ask for the case number (sometimes also referred to as an incident number), how you can access a copy of the police report, and if the officer is issuing any charges or citations.

Questions for Others Involved

No matter who is at fault in the accident, it’s important to exchange information with the other driver or drivers. Ask for full names and contact information. If possible, you should also ask to see their insurance card and take a picture of it so that you have a record of their insurance company, a policy number, and a phone number. Do they own the car, or if not, who is the owner? Make note of the make, model, color, and license plate number of each vehicle involved. Take down the names of any passengers involved as well.

As you gather information from the other drivers, be careful not to admit fault. Avoid apologizing, since an apology could be interpreted as accepting blame for the accident.

Questions for Witnesses

If other drivers or pedestrians witnessed the accident and have stayed at the scene, you can ask questions to get witness statements. Getting information from witnesses is best done as soon as possible since memories tend to fade or change with time. Basic questions for witnesses could include:

  • Can I have your name and contact information?
  • What did you see or hear?
  • Were you driving, stopped, parked, or standing nearby? Where?
  • Are you willing to give a witness statement to law enforcement or to an insurance adjuster?

Questions for Your Insurance Company

Although it’s a good idea to be familiar with your insurance policy before you ever need it, you should speak with your insurance agent as soon as possible after a car wreck in Oregon. Be sure to talk with your own insurance company before you give any statements to the insurance company of the other driver. Ask about your policy’s coverage and limits. Oregon has specific car insurance requirements, but it’s possible that you have additional coverage as well.

Can your insurance company help with car repairs or a rental vehicle? Do they require a detailed statement? How much time do you have to file a claim? Will your premiums increase if you file a claim? What documentation do you need to provide?

Questions for a Personal Injury Lawyer

In certain cases, you might need to consult with a personal injury lawyer. For instance, if you or someone in your vehicle is injured in the accident, if fault is being disputed, if the other driver’s insurance company or attorney contacts you, or if you feel like you are being pressured to admit fault or accept a settlement that is less than reasonable.

When looking for a reputable personal injury lawyer, ask about their experience with cases similar to yours and if they specialize in personal injury. You can ask about their success rate and if they have trial and court experience. They should also provide you with clear information about their fees and pricing structure. Many personal injury lawyers work on a contingency basis where they do not get paid unless you win your case. If you have been in a car wreck in Oregon, the personal injury team at Warren Allen LLP would be happy to discuss your case and your options with you. You don’t have to face this challenging time alone. Let our team be your team. Schedule a consultation today!

What Types of Cases Do Personal Injury Attorneys in Oregon Handle?

What Types of Cases Do Personal Injury Attorneys in Oregon Handle?

Written by George McCoy on . Posted in Personal Injury.

Personal injury attorneys in Oregon, as in other states, work to protect the rights of victims of negligence, accidents, or intentional misconduct of many different kinds. From negotiating with insurance companies to compiling and evaluating evidence to representing you in court, personal injury attorneys provide support as you seek justice and financial compensation to assist in your recovery. A fair settlement can help you with medical expenses, lost wages, repairs, and pain and suffering.

If you’re wondering if your situation falls under the umbrella of a personal injury case, the following descriptions outline the types of cases that personal injury attorneys in Oregon, like the experienced team at Warren Allen LLP, handle for their clients.

Car and Other Vehicular Accidents

Unfortunately, accidents involving cars, trucks, motorcycles, and bicycles are common no matter where you live. Collisions often occur due to road or weather conditions, inexperience, disobeying traffic rules, distracted driving, reckless driving or speeding, or driving while under the influence or fatigued.

For Oregon drivers, determining fault in an accident is important because the person at fault can be held responsible for damages or injuries, including emotional distress. Personal injury attorneys are experienced in navigating the insurance claims process and might be able to negotiate a fair settlement for you with the other driver’s insurance company.

If you do need to pursue legal action in court, your personal injury lawyer will obtain evidence to support your case. This might include police and eyewitness reports, surveillance footage, photos, and other evidence from the scene. They can also work with medical and other experts, such as accident reconstruction experts, to bolster your case. Your lawyer will represent you in court if the case is not settled beforehand.

Medical Malpractice

Medicine is not an exact science, but we trust that our medical health professionals will use their expertise to accurately diagnose and treat our health issues, sicknesses, and injuries to the best of their ability. However, there might come a time when you experience significant harm (either physical and emotional) due to substandard medical care or a healthcare provider’s negligence.

Known as medical malpractice, these personal injury cases usually involve a missed diagnosis, an incorrect diagnosis, surgical errors, birth injuries, or mistakes with medication prescriptions. Consulting with a personal injury lawyer in cases of medical malpractice is essential because these types of cases are usually complex and require expert medical testimony and detailed evidence that might be difficult to put together on your own. They can work with medical experts to assess the standard of care, identify any breaches of that standard, determine liability, and file the appropriate claims on your behalf.

Slip and Fall (or Premises Liability)

Slip-and-fall accidents, where you sustain an injury from slipping, tripping, or falling, can happen at a business, but they can also occur if you fall on someone’s private property. Property and business owners have a moral and legal obligation to maintain safe conditions on their premises and to appropriately warn visitors of known hazards. For instance, when an employee mops up a spill and the floor is wet, the business should place a sign to alert customers until the floor is dry.

If you experience a slip-and-fall accident due to negligence, you might be entitled to some financial compensation from the property owner or the person responsible for the property at the time of your injury.

Common causes of slip-and-fall accidents include:

  • Icy sidewalks
  • Wet floors
  • Uneven surfaces
  • Poorly maintained stairs or floor
  • Inadequate lighting

Personal injury attorneys in Oregon understand the ins and outs of Oregon premises liability requirements. They can work toward establishing the property owner’s negligence legally by demonstrating how the property owner should have known about the hazard, did not ensure safe conditions, or did not use signage or appropriate notification to warn visitors. Your personal injury attorney will also gather evidence and documentation, including police or incident reports, photographs of the scene, eyewitness accounts, and medical records, to strengthen your case.

Workplace Injuries

When it comes to workplace injuries, in many cases, filing a workers’ compensation insurance claim should be your first course of action. However, you might also be eligible for a personal injury claim, especially if a third party (for example, an equipment or product manufacturer) contributed to your accident. Consider consulting with a personal injury attorney if you need assistance filing a workers’ compensation claim, if a third party was involved in your injury, or if you have been denied a claim, wrongfully terminated, or retaliated against after filing a claim.

Dog Bites

Laws and ordinances covering when an owner can be held liable if their dog attacks someone vary by state. Personal injury attorneys in Oregon are familiar with dog bite laws, which follow a mixed-liability model, where a dog owner is held liable if they knew or should have known about their dog’s dangerous behavior.

In dog bite cases, a personal injury attorney will investigate the dog’s history and whether there were prior incidents of aggression. They’ll also try to establish whether the dog owner failed to use reasonable care to prevent the attack.

Wrongful Death

Sometimes, surviving family members may choose to pursue a personal injury case on behalf of a loved one who has died as a result of negligence or another party’s intentional actions. Most often, these types of wrongful death cases arise from car accidents, medical malpractice, workplace accidents, or defective products. Personal injury attorneys can help identify the responsible parties, establish negligence or liability, and pursue financial compensation to cover funeral expenses, pain and suffering, loss of wages, and so on.

Need Personal Injury Attorneys in Oregon?

If you would like an ally as you navigate life after experiencing a traumatic injury or other damages due to the actions or negligence of another party, consulting with legal experts who specialize in personal injury cases is an important step. Keep in mind that the statute of limitations in Oregon to pursue legal action after personal injury is two years, so the sooner you reach out, the better. Warren Allen LLP’s team of personal injury attorneys have years of experience in evaluating cases, providing legal guidance, communicating with insurance companies and opposing counsel, seeking fair compensation for damages, and compassionately representing our clients’ interests in court. Schedule a free consultation to discuss your case today.

Is Hiring a Personal Injury Attorney in Portland Worth It?

Is Hiring a Personal Injury Attorney in Portland Worth It?

Written by George McCoy on . Posted in Personal Injury.

Personal injury cases can stem from a wide range of incidents, including car accidents, slip and fall accidents, medical malpractice, and product liability. In Portland, if you’ve suffered injuries due to the negligence or recklessness of others, you may be able to seek compensation for damages. Due to the unique nature of Oregon’s laws, hiring a personal injury attorney in Portland can make all the difference, providing you with the expertise and support you need to pursue justice and secure fair compensation.

Physical pain, emotional distress, and financial hardships are just a few of the consequences caused by personal injury, varying in severity and duration. In addition to coping with the immediate aftermath of an injury, ongoing medical expenses, lost wages, and reduced quality of life are also common challenges you may face after an injury has occurred. Seeking compensation through a personal injury claim can help you recover your losses and rebuild your life, but the process can be complex and intimidating, especially for those who are unfamiliar with the law.

Hiring a skilled and experienced personal injury attorney in Portland provides you with the expert representation you’ll need, guiding you through the intricacies of the legal system and ultimately securing the compensation you deserve. Your attorney will handle all aspects of your claim, from gathering evidence to negotiating with insurance companies to representing you in court. This takes a significant burden off you so you can focus on your recovery.

The attorneys at Warren Allen LLP have extensive experience in handling personal injury cases and a proven track record of securing successful outcomes for our clients. In this article, we lay out why hiring a personal injury attorney for your Portland case is always worth consideration.

Understanding Personal Injury Law

Personal injury law is a complex and multifaceted field that encompasses a wide range of concepts, principles, and regulations. It’s important to have a clear understanding of your rights and options under personal injury law, and this is where hiring a personal injury attorney in Portland can be incredibly beneficial.

A personal injury attorney will help you understand key concepts such as negligence, liability, and damages. Negligence refers to the failure of an individual or entity to exercise reasonable care, resulting in harm to another person. Liability refers to the legal responsibility of an individual or entity for causing harm to another person. Damages refer to the compensation awarded to an individual for their injuries and losses.

In addition to understanding these key concepts, you should also be aware of the various types of compensation that may be available, including economic damages, non-economic damages, and punitive damages. Economic damages refer to the financial losses incurred because of an injury, such as medical expenses and lost wages. Non-economic damages refer to the non-financial losses due to an injury, such as pain and suffering, and emotional distress. Punitive damages refer to the compensation awarded to an individual as punishment for the negligent or reckless behavior of the person liable.

Working with a personal injury attorney in Portland allows you to gain a deeper understanding of these complex concepts and ensure your rights are protected throughout the legal process.

Building a Strong Case

Gathering and analyzing evidence is a fundamental aspect of building a strong case. Witness statements provide valuable insights into the circumstances surrounding the injury, while medical records help establish the extent of the injuries and the necessary treatment. Expert testimony can offer specialized knowledge and opinions that help support your case.

In addition to collecting evidence, your attorney will also help you preserve your evidence, ensuring that it remains intact and admissible in court. This could involve storing physical evidence, such as photographs or videos, in a secure location or ensuring that digital evidence, such as emails or text messages, is properly documented and retained.

By working with a personal injury attorney in Portland, you can ensure your case is built on a solid foundation of evidence. The attorneys at Warren Allen LLP will present your case and advocate on your behalf to secure fair compensation for your injuries and losses.

Dealing with Insurance Companies

Dealing with insurance companies can be a daunting task, especially for individuals who are already struggling with the aftermath of a personal injury. Insurance companies have teams of adjusters and lawyers who will try to minimize payouts and protect the company’s interests. Hiring a personal injury attorney in Portland can be a game-changer in these situations, providing you with the expertise and support you need to negotiate with insurance companies and secure fair compensation by advocating on your behalf and pushing back against low settlement offers.

Insurance companies often use tactics like delaying payments, making low settlement offers, and disputing the severity of injuries to minimize payouts. For example, insurance companies may try to dispute the severity of your injuries by arguing they are not as serious as claimed. Your attorney will counter these tactics with medical evidence, such as doctor’s reports, medical records, and expert testimony, to establish the severity of your injuries.

Benefits of Aggressive Representation

In personal injury cases, you need an attorney who will assert your rights and interests by taking a proactive approach to your case. Aggressive representation sends a clear message to insurance companies and defendants that you will not settle for less than you deserve, making them more likely to settle your claim quickly and fairly to avoid the uncertainty and expense of a trial. Hiring a personal injury attorney in Portland is not just about securing compensation but also about holding negligent parties accountable for their actions. The experienced attorneys at Warren Allen LLP are committed to providing exceptional representation for those seeking compensation after a personal injury and delivering personalized support and aggressive advocacy for every client.

What Kind of Records Should I Keep After an Oregon Car Accident?

What Kind of Records Should I Keep After an Oregon Car Accident?

Written by George McCoy on . Posted in Car Accident.

Car accidents can be disorienting, even small fender benders. That’s why it’s important to take a moment after the emergency has passed to understand what information and documentation you will need to gather in case you have to file an insurance claim or pursue a legal case. As experienced personal injury attorneys, the team at Warren Allen LLP knows exactly what kind of records you should keep after an Oregon car accident to protect your rights and facilitate a smooth claims process. We’ve prepared the comprehensive guide below to help you be prepared.

Police Reports

Even for minor accidents, it can be a good idea to call the police to document the incident. Make note of the responding officer’s name, badge number, and contact information as well as the police report number. Request a copy of the report from the local law enforcement agency (usually the city’s police department or a local sheriff’s department) once it has been filed.

Police reports are helpful because they officially record the details of the accident, including the location, time, and date, the names of all parties involved, citations issued (if applicable), and information about any eyewitnesses such as their names, contact details, and statements.

Insurance Information and Correspondence

Most likely, you will need to file a claim with your own insurance company as well as the insurance company of the other party or parties involved to help pay for car repairs, property damage, or medical expenses. Make sure you have a copy of your insurance policy, including the policy number, contact details, and coverage details.

After the accident, collect this same information from the other driver, if you can. You might also be able to find this information in the police report. If you or the other party involved have already filed a claim, make note of the claim number.

Oregon Traffic Collision and Insurance Report

In Oregon car accidents, you are required to submit an Oregon Traffic Collision and Insurance Report within 72 hours of the incident if:

  • Anyone was injured or killed
  • Your vehicle had damage over $2,500
  • Any property was damaged over $2,500
  • Any vehicle involved received over $2,500 worth of damage and any vehicle had to be towed from the scene due to damage

You may also file this report, even if your accident does not meet the above reporting requirements, if the other driver involved does not have insurance. Just be sure to note clearly on your report that the incident does not meet the reporting requirements.

Keep a copy of this report once filed.

Correspondence with Insurance Companies

Although it may seem tedious, it’s important to keep copies of all written or digital communication with insurance companies (both yours and the other driver’s) or any third-party adjusters who are working for those insurance companies. Keep all emails, letters, or forms that you send or receive related to the incident.

Also, if you speak with anyone on the phone, write down a phone log—time and date of the call, the name of the person you spoke with, and a detailed summary of what you discussed. Note that it is usually a good idea to speak with a personal injury lawyer before talking with the other party’s insurance adjuster or accepting a settlement offer.

Medical Records and Billing Information

If you suffered any injuries (including emotional or mental distress), be sure to request itemized medical bills for any hospital stays, doctor’s appointments, prescriptions, physical therapy, rehabilitation, necessary medical equipment (e.g., a wheelchair, neck brace, crutches, etc.), or other treatments. You should also ask your healthcare provider for copies of any medical records related to a diagnosis, treatment, or long-term care plan of injuries sustained from your car accident.

This medical information is essential, especially if you need to pursue legal action. Insurance adjusters or a judge might rely on these documents to verify the severity and extent of your injuries and to calculate your compensation for medical expenses, loss of wages, and pain and suffering. Understanding your recovery timeline, including whether future therapy or treatment will be necessary, could affect your claim.

Car Repair Estimates and Damage Assessments

As soon as possible after the accident, take clear pictures of your vehicle or any property that suffered damage. Include close-ups of any immediately visible damage. Make a list of all damaged items or property (e.g., parts of the vehicle, car seat, trailer, fence, mailbox, etc.).

Get detailed repair estimates, in writing, from licensed repair shops (or, in the case of property damage, from qualified contractors). You might check with your insurance company to see if they have a list of approved or preferred auto repair shops or appraisers.

Written repair estimates and damage assessments itemize potential repair costs and can be used to calculate appropriate compensation from an insurance company or in court.

Visual Documentation

Immediately after your accident, or as soon as it is safe to do so, document the scene through photos and videos on your smartphone or a camera. Photos of the scene of the accident and the surrounding area will show road and weather conditions, traffic signs, and the location of the vehicles involved. Document any visible injuries, including broken bones, bruises, cuts, or swelling as soon as possible.

Income and Employment Records

In some cases, you might need to prove loss of wages due to injury. Copies of recent pay stubs from before and after the accident, as well as any communication with your employer regarding sick leave or time off, will be helpful documentation to have.

Stay Organized and Get Help

Navigating insurance claims and deciding whether or not you need to pursue legal action after a car accident can be difficult. Understanding the kinds of records you should keep after an accident and staying as organized as possible can make the process a little bit smoother. When it comes to Oregon car accidents, the personal injury team at Warren Allen LLP has years of experience working with clients to protect their rights and file claims in court if needed. Contact us to schedule a free consultation to discuss your case.

What Does Loss of Enjoyment of Life Mean in Personal Injury Terms?

What Does Loss of Enjoyment of Life Mean in Personal Injury Terms?

Written by George McCoy on . Posted in Personal Injury.

You’ve suffered an injury due to someone else’s negligence and you’re left wondering, what’s next? Perhaps their wrongdoing has had a profound impact on your quality of life. Maybe you’ve had to take time off from work to receive treatment and recover. Medical bills and other expenses are piling up while you’re trying to focus on what matters most, healing. Maybe the injury you sustained from the other party’s negligence has left you in chronic pain and you can no longer do the things you once enjoyed. If so, you may be entitled to compensation for both economic and emotional damages.

Though it’s easier to calculate lost wages, medical bills, and damaged property, it’s not the only thing that counts as compensable damage. Your quality of life matters. If you have experienced “loss of enjoyment of life,” a legal concept we will unpack in this article, you may be entitled to additional compensation. How is non-economic loss evaluated and does your particular case qualify? Keep reading to understand how this process works and whether the impact you’ve suffered from your personal injury may entitle you to compensation.

What Is Loss of Enjoyment of Life?

Injuries can alter your life in such a way that they diminish your previous quality of life. Before your accident, you may have had a robust lifestyle filled with social engagements, hobbies, sports, travel, and other activities that brought you joy. Daily chores such as cooking and cleaning might have been done with ease. Now, you may struggle to keep up with day-to-day chores that are necessary to sustain daily living. On top of that, it may not be possible to participate in your hobbies or engage in activities that previously filled you with purpose and joy. This diminished quality of life may be compensable.

Loss of enjoyment of life is a legal term that refers to non-economic damage that may be claimed as part of a personal injury case. To claim these damages, you need to be able to prove that your injury has had a direct impact on your quality of life, limiting or preventing you from participating in the activities you once enjoyed.

Since diminished quality of life can be subjective, insurance companies may try to minimize the compensation you receive and not offer a fair amount for your losses. Avoid losing out on what you may be owed by partnering with a personal injury attorney. Experts in personal injury law can fight for your best interests and help you find the best resolution possible.

What Circumstances Qualify as Loss of Enjoyment of Life?

Loss of enjoyment of life refers to injuries sustained from an accident that impede your ability to participate in activities you previously enjoyed.

Some examples of qualifying circumstances include, but are not limited to:

  • You are no longer able to participate in your favorite physical activities due to extensive injuries from your accident. Limited mobility, loss of limbs, or paralyzation may keep you from participating in your favorite sports or hobbies such as hiking, running, rock climbing, playing basketball, or other physical activities.
  • A traumatic brain injury may affect your cognitive ability to focus on activities you enjoy such as reading, writing, playing music, pursuing intellectual studies, and other hobbies requiring attention.
  • You are unable to hold or play with your children or take care of pets.
  • You no longer have the ability to travel or pursue recreational activities with friends and family.
  • You’re unable to participate in social engagements and loss of social opportunities.
  • Your injuries lead to chronic pain.
  • Your injuries limit your ability to be sexually intimate with your partner.
  • You are unable to complete daily tasks such as cooking, cleaning, laundry, sleeping, driving, and so forth.

If you are uncertain if your exact experience qualifies as a loss of enjoyment of life or have questions regarding your eligibility for compensation, it may be wise to seek legal counsel. Our team of legal experts at Warren Allen LLP is ready to answer your questions and offer legal advice you can count on. We will review your case and help you receive the compensation you are entitled to.

How Is Loss of Enjoyment of Life Calculated?

Economic damages may initially seem easier to quantify and clearer cut than non-economic losses. Since finances deal with numbers, you can look at receipts and paystubs to calculate how much money you lost due to medical bills, property damage, or lost wages from missing work. Conversely, you cannot put a number on losing intimacy with your partner or experiencing depression from missing out on your favorite social activities and hobbies. Without the guidance of numeric value, how is non-economic loss evaluated?

Two of the more common methods insurance companies use to calculate non-economic loss are the multiplier and per diem methods.

The multiplier method uses the value of economic damages and multiplies it by a number assigned based on a variety of factors, such as the severity of the injury, the age of the injured party, and future repercussions from the injury. The multiplier is assigned a number typically between 1 and 5. If an injury is catastrophic, resulting in severe physical trauma, the multiplier may be awarded a number higher than 5. An example calculation of this method might be: If the injured party has a total of $50,000 in economic damages and is assigned a multiplier of 3, then they can be entitled to $150,000 for their loss of enjoyment of life.

The per diem method assigns a value for the loss of enjoyment of life per day, and the injured party is paid for each day they suffered from their injury. This method is suitable for temporary damages in which the plaintiff is expected to make a full recovery and not for accidents causing lasting pain or permanent injury.

Final Considerations

Your personal injury attorney will evaluate your damages and ascribe a potential dollar value to your non-economic losses. Using cases with similarities, they will determine which dollar amount is considered fair and negotiate on your behalf with the insurance company. Though they cannot guarantee any amount, they can help you receive fair compensation and the best resolution possible.

In many cases, loss of enjoyment of life can have a profound impact on claim resolution, resulting in increased settlement amounts or court awards—the amount of money ordered by the court in a lawsuit to be paid to the injured party.

Navigating the complexities of loss of enjoyment of life may prove difficult without the help of a skilled attorney. Consider enlisting the help of a legal firm experienced in personal injury claims. They can help you submit a strong claim with the necessary evidence so you can receive what you are entitled to. For the best possible outcome, contact Warren Allen today to learn what your options are. We’ll do the hard work for you, so you can focus on what matters most: getting better.

Do Portland Oregon Attorneys Handle Malpractice Cases?

Do Portland Oregon Attorneys Handle Malpractice Cases?

Written by George McCoy on . Posted in Medical Malpractice.

Malpractice cases are not uncommon, but until you’ve experienced a situation that requires one, you may not know when to contact an attorney, what to say, or what happens next. Portland, Oregon, attorneys who specialize in personal injury lawsuits, including malpractice cases, can provide guidance and assistance if you believe you have been a victim of malpractice. Your first step should be to consult an attorney so they can help you understand your rights under Oregon’s malpractice laws.

Warren Allen LLP has been providing legal guidance and support since 1971, and we’re experts at navigating malpractice cases in Portland and the surrounding area. Let us help you understand what malpractice is, how to start your malpractice case, and the services available to you.

What Is Malpractice?

Professionals of all kinds are expected to deliver services and perform their duties to an industry-accepted standard of representation and care. When they do not meet these standards and, as a result, cause harm to their patients or clients, a case for malpractice may be made.

The vital component of any malpractice case is proving negligence on the part of the professional. For a claim to be successful, the plaintiff and their attorney must demonstrate that the proper standards were not met by the defendant and, as such, confirm their liability with regard to any injuries or damages.

There are three types of malpractice cases commonly litigated by Portland, Oregon, attorneys:

1. Medical Malpractice

The term malpractice is most frequently used when discussing medical malpractice. This is when clients have harmful experiences with a medical professional or in a medical setting. Examples of medical malpractice might be a physician not performing their duties safely, mis- or delayed diagnoses, or the mismanagement of healthcare records or treatment.

2. Professional Malpractice

Professional malpractice, sometimes referred to as professional negligence, occurs when someone who is considered a professional or expert, such as an accountant or an architect, causes injury or damage that affects a client.

3. Legal Malpractice

The third most common form of malpractice is legal malpractice. This occurs when a client does not receive the level of service they’ve paid for. If, for example, an attorney lacks the experience or knowledge of Oregon law, they may cause harm to their client’s case by not filing appropriate paperwork or missing important deadlines.

What Are Oregon’s Malpractice Laws?

Oregon’s malpractice laws are straightforward and aligned with US standards: Malpractice occurs when there is a breach of standard of care that causes significant harm. This can include, but is not limited to, improper treatment, surgical errors, misdiagnoses, improper filing, mishandling of case evidence, and so on. Proving a breach of care requires establishing—through evidence—that the service provider acted in a way that caused direct harm to the patient or client.

One example of this is when a medical practitioner performs a procedure but doesn’t follow appropriate safety protocols before, during, or after surgery. When this results in issues with recovery or additional injury stemming from the error, clients may be entitled to some form of compensation. In this case, monetary compensation might be to offset the additional costs or recovery time due to the attending medical team neglecting the required safety standards.

Because of the intricacies of Oregon malpractice law, it’s important to work with Portland, Oregon, attorneys who are experienced in malpractice cases, such as those at Warren Allen LLP. An expert malpractice attorney can guide you through each step of Oregon’s legal process.

Do You Need a Malpractice Attorney?

Navigating a medical malpractice case can be difficult and stressful, especially if attempted without legal representation. Having representation on your side can ease some of that burden, and it may be crucial to receiving an outcome that gets you back on the road to healing and recovery.

A malpractice attorney will manage the day-to-day minutiae of your malpractice suit, ensuring paperwork is properly filed, deadlines are met, necessary evidence is gathered and verified, and so on. As you proceed through depositions, settlement negotiations, and potentially trial, your attorney will be present to help protect your rights and provide advisement. An attorney on your side will help ensure you receive restitution for the harm caused through medical, professional, or legal malpractice.

The sooner you seek legal representation from a malpractice attorney, the better. Oregon’s statute of limitations for malpractice is two years. It’s also vital that the collection of records and evidence happens as soon as possible after the incident. At Warren Allen LLP, our personal injury attorneys are available Monday through Friday to help you understand your rights and whether you have a malpractice case.

What To Bring Your Personal Injury Attorney

Your attorney will provide guidance on the items and information they will need to build your case, but there are a few things you can anticipate needing when the time comes. Related receipts, bills, and invoices; correspondence with the medical, legal, or other business involved; paystubs or tax returns if showing income loss; photographs of damages or injuries; and so on. If you’re pursuing a medical malpractice case, you’ll need to share access to your medical file with your attorney. You can do so by obtaining your medical records beforehand or signing a Release of Records form and granting them access.

Any evidence you can provide to your attorney that pertains to your case will be filed by your attorney for safekeeping.You don’t have to face your malpractice case alone. Experienced Portland, Oregon, attorneys like Warren Allen can give you the support and guidance you need to file your lawsuit and help you receive fair compensation for your losses. If you suspect you’ve been the victim of malpractice, contact us today for a consultation. Our passionate and expert team will discuss your situation and help you understand your rights.

What Types of Damages Can I Recover in a Personal Injury Case?

What Types of Damages Can I Recover in a Personal Injury Case?

Written by George McCoy on . Posted in Personal Injury.

Filing a personal injury claim can be stressful, especially when the outcome is uncertain. Will there be enough money to cover medical bills, possible repairs, and other unexpected expenses that arise from your injury? Will your job and social life be impacted? Most importantly, what kind of personal injury damages can be recovered?

General and special personal injury damages are considered compensatory damages, which compensate the plaintiff for economic loss and pain and suffering. Punitive damages are meant to punish the defendant for their negligence or recklessness. You may be entitled to compensation if you or a loved one have sustained an injury due to someone else’s negligence in Oregon. 

The experienced personal injury attorneys at Warren Allen LLP specialize in Oregon law and will guide you in understanding all aspects involved in settling your claim and how you can significantly influence the outcome of your personal injury claim.

General Damages

General damages are in place to compensate the victim for the non-economic loss, like emotional distress and pain and suffering. These losses are generally tricky to calculate, as no actual economic value can be placed on the amount of distress one suffered. Insurance companies and lawyers often use formulas to approximate payout for non-economic losses. If your case goes to trial, the jury will frequently award higher general damages to plaintiffs who have been through a severe trauma.

Suppose you were injured in a car accident caused by another driver’s negligence. As a result, you experienced significant physical pain, emotional distress, and a reduced quality of life due to your injuries. The pain might have affected your ability to perform daily activities, and the emotional distress could include anxiety, depression, or post-traumatic stress disorder.

In this case, general damages would be awarded to compensate for the ongoing pain and suffering you endured because of the accident. This type of damages might also include compensation for any loss of enjoyment of life, such as your inability to participate in activities you once enjoyed or to maintain relationships as before the injury.

The amount awarded for general damages is determined based on factors such as the severity and permanence of the injuries, the impact on your daily life, and the emotional distress caused by the injury. Since these damages are subjective, they are typically assessed by the judge or jury based on the evidence presented and the specific circumstances of the case.

Special Damages

Special damages are economic damages that can be measured by direct financial loss. The court will often award special damages for loss of earnings, medical expenses, property damage, and other measurable economic harms caused by the defendant’s actions. Like general damages, special damages are used to compensate the plaintiff for the loss caused by the defendant.

For example, if you were involved in a slip-and-fall accident at a grocery store due to a wet and unmarked floor, and as a result of the fall, you sustained a broken ankle, which required surgery and extensive rehabilitation, special damages would include:

  1. Medical Expenses: You would be compensated for all medical costs incurred due to the injury. Compensated items would include hospital bills, surgical fees, the cost of prescription medications, physical therapy, and any other medical treatments directly related to your injury. For instance, if your surgery and subsequent therapy cost $130,000, this amount would be included in your special damages.
  2. Lost Wages: If the injury caused you to miss work, you would be entitled to compensation for the wages lost during your recovery period. If you could not work for six weeks and lost $13,000 in income, this amount would be part of your special damages.
  3. Future Medical Expenses: If you require ongoing medical treatment or therapy due to the injury, you can claim future medical expenses. For instance, if you need continued physical therapy sessions that are projected to cost $5,000, this amount would be considered in your special damages.
  4. Property Damage: If your personal belongings were damaged in the accident (such as a smartphone or eyeglasses), replacing or repairing these items can also be included in your special damages.

Special damages are calculated based on documented evidence such as medical bills, wage statements, and receipts. They are intended to reimburse you for the specific financial impacts of your injury and are more straightforward to quantify compared to general damages, which cover non-economic losses.

Punitive Damages

Punitive personal injury damages serve to punish the defendant for the negligence or reckless behavior that caused harm to the plaintiff. They differ from the general and specific personal injury damages because rather than make the plaintiff whole, the punitive damages are put in place as a deterrent and warning to the defendant. It also tells others that the reckless behavior or negligence presented in the courtroom was so outrageous that the defendant must be punished.

For example, say the defendant was found to have a high blood alcohol level and had multiple prior DUI convictions. Their reckless and unlawful behavior not only led to your serious injuries but also demonstrated a blatant disregard for the safety of others on the road.

In this case, the court might award punitive damages in addition to compensatory damages to address the defendant’s gross negligence. These punitive damages punish the defendant for their extreme recklessness and discourage them and others from engaging in similar dangerous behavior in the future.

The amount of punitive damages awarded would be determined based on factors such as the severity of the defendant’s misconduct, the harm caused, and the need to deter similar behavior. However, Oregon law does place some limits on punitive damages. According to ORS 31.735, punitive damages cannot exceed $500,000 or the amount of compensatory damages awarded, whichever is greater.Personal injury damages can be complicated and difficult to understand. Contact Warren Allen LLP today for a consultation and let our experienced personal injury attorneys help make the road to recovery a bit easier.

How Do I Know If I Have a Valid Personal Injury Claim?

How Do I Know If I Have a Valid Personal Injury Claim?

Written by George McCoy on . Posted in Uncategorized.

In the whirlwind of confusion that often follows an accident or unexpected injury, determining whether or not you have a valid personal injury claim can be more complicated than it seems. This is especially true in Oregon, where personal injury claims often involve complex legal and factual issues due to the legal nuances of Oregon state.

At Warren Allen LLP, we specialize in Oregon state personal injury law. We will help you evaluate your claim’s viability while providing guidance and support throughout the process. Consulting a personal injury lawyer in Portland can provide significant clarity and counsel for your claim. You should still have a grasp of the essential elements of a valid claim so you can make informed decisions and take the necessary steps toward justice.

The Basic Components

Personal injury cases can arise from a wide range of scenarios, including motor vehicle accidents, slip and fall incidents, medical malpractice, product liability, workplace accidents, assault and battery, and nursing home abuse. Before seeking compensation, understanding the core components contributing to a successful case before seeking compensation is essential.

You have to establish legal responsibility. Prove the defendant had a legal duty to exercise reasonable care to prevent harm to others and failed to meet those standards. For instance, drivers have a duty to follow traffic laws, and property owners must maintain safe conditions on their premises. If a driver runs a red light and causes a collision, they have breached their duty of care by failing to follow traffic regulations. If a property owner doesn’t maintain their porch stairs and the wood rots and you fall through and injure yourself, they have breached their duty of care.

It must be proven that the defendant’s failure to meet their duty directly resulted in your injury or harm, and demonstrating a clear link between the defendant’s negligence and the injury you sustained is the crux of every personal injury case. 

You must prove measurable harm, meaning that your injury or damage resulted in tangible consequences, including medical expenses, lost wages, or emotional distress. The harm you suffered must be quantifiable to establish the basis for seeking compensation.

Oregon-Specific Personal Injury Regulations

Understanding Oregon’s laws and regulations governing personal injury claims is crucial for effectively navigating the complicated claims process. For instance, Oregon has a statute of limitations that allows you two years from the date of the injury to file a claim. You may lose your right to seek compensation if you miss this deadline.

Additionally, Oregon follows a comparative negligence doctrine, meaning that any damages awarded may be reduced based on your percentage of fault. For example, if you are found to be 30% responsible for the accident, your damages could be reduced by 30%. 

While Oregon does not impose general caps on compensatory damages, there are specific limitations for punitive damages. A personal injury lawyer in Portland can help you understand how these laws apply to your case and ensure compliance with Oregon’s legal standards.

Gathering Evidence

Gathering and presenting relevant evidence is the foundation for a solid personal injury claim. Appropriate evidence may include medical records and bills documenting your injuries and treatment, police reports, and accident documentation offering an objective account of the incident, including details that establish fault and causation.

Witness statements and testimony provide additional support for your version of events, enhancing the credibility of your claim. Photographic and video evidence, such as images of the accident scene or visible injuries, can further illustrate the impact of the incident. Expert opinions and testimony from medical professionals or accident reconstruction specialists can also be invaluable in substantiating your claim.

The long-term consequences of personal injuries can affect not only the individual but also their loved ones. Chronic pain, permanent disability, and ongoing medical treatment can significantly alter an individual’s quality of life, making everyday activities challenging. Personal injuries can impact career prospects, relationships, and overall well-being. 

It is important to consider these long-term effects when seeking compensation to ensure that the award or settlement covers future medical expenses, lost earning potential, and other related costs. This approach helps individuals adapt to their new circumstances and rebuild their lives more effectively.

Personal injury cases can also have profound emotional impacts, extending beyond physical harm. Injuries can lead to significant psychological distress, including anxiety, depression, and post-traumatic stress. Additionally, the legal process itself can be stressful and overwhelming. It is important to acknowledge the emotional aspects of your case and seek support from loved ones, mental health professionals, or support groups. Addressing these emotional challenges can help you cope with the aftermath of an injury and navigate the legal process with greater resilience.

A personal injury lawyer in Portland, like our team at Warren Allen LLC, can assist you in identifying, collecting, and organizing this evidence effectively. Presenting evidence clearly and compellingly helps demonstrate the extent of your injuries and the defendant’s liability, increasing the likelihood of securing fair compensation. 

Settlement Negotiations

Maximizing compensation and achieving justice is the primary goal of a personal injury claim. You must identify all potential sources of compensation and pursue damages for past and future medical expenses, lost wages, and pain and suffering. 

Once a strong case is built, you or your lawyer will negotiate with insurance companies or defendants. This process involves evaluating the strengths and weaknesses of your case, determining a fair settlement range, and crafting a persuasive demand letter.

If settlement negotiations fail to produce a satisfactory result, taking the case to trial may be necessary. A trial involves filing a lawsuit, serving the defendant, engaging in discovery, and gathering additional evidence through depositions and document exchanges. Your lawyer will develop a trial strategy, prepare witnesses, and present your case to a judge or jury.Effective litigation requires thorough preparation and advocacy to ensure that your rights are protected and your interests are represented. Your case will be handled professionally and diligently at Warren Allen LLP. Schedule a consultation today and take the first step toward rebuilding your life.