Personal Injury Lawyer Archives

The Impact of Social Media on Your Personal Injury Case

Written by George McCoy on July 25, 2024. Posted in Personal Injury. No Comments on The Impact of Social Media on Your Personal Injury Case

Social media has become an integral part of daily life. Platforms like Facebook, Instagram, Twitter, and LinkedIn enable individuals to share personal experiences, photos, and thoughts with a wide audience. For those involved in a personal injury case, especially under Oregon personal injury law, the implications of social media activity can be far-reaching and potentially detrimental.

This article will take a look at the ways social media can often influence personal injury claims and court cases. We will highlight potential pitfalls and offer practical advice on managing your online presence to protect your legal interests during an ongoing case, all from the knowledgeable lawyers at Warren Allen in Portland, OR.

Understanding Oregon Personal Injury Law

Oregon personal injury law is designed to compensate those injured due to another party’s negligence or intentional actions. Personal injury compensation can cover medical expenses, pain and suffering, lost wages, and other damages. To pursue a personal injury claim in Oregon, the plaintiff must prove that the defendant owed a duty of care, disregarded that duty, and caused the plaintiff’s injuries as a result.

One of the critical elements in any personal injury case is the credibility of the claimant and the evidence presented. Here is where social media can come into play, and often in a significant way. Posts, photos, and even comments on social media can be scrutinized and potentially used as evidence to challenge the claimant’s assertions about their injuries and the impact on their life.

How Social Media Can Affect a Personal Injury Case

Posts, comments, and photos on social media can play a crucial part in personal injury cases. Photos and posts can be shared as evidence, so you should keep an eye on what you post.

An insurance company’s primary role in any claim is to minimize the payout as much as possible. As part of their investigation, they often turn to social media to gather evidence that might contradict the plaintiff’s injury claims. For instance, if a plaintiff is seeking compensation for a severe back injury but posts photos of themselves engaging in physical activities like hiking or dancing after the accident, this can seriously undermine their case. Insurance adjusters and defense attorneys can use such posts to argue that the claimant’s injuries are not as severe as reported.

It is not uncommon for insurance companies to monitor claimants’ social media activity throughout the case. This surveillance can extend beyond the claimant’s own posts to include posts and tags from friends and family. A seemingly innocuous photo tagged by a friend at a social event can be interpreted as proof that the claimant is not suffering as much as they claim.

Social media activity can also reveal inconsistencies in the claimant’s story. If a person claims they cannot work or participate in certain activities due to their injuries and their social media depicts a different narrative, this can be detrimental. Credibility is paramount in personal injury cases, and the lawyers at Warren Allen know how a hit to credibility can weaken the claimant’s position and affect the compensation they are entitled to receive.

Potential Pitfalls of Social Media in a Personal Injury Claim

An important note when it comes to social media is anything posted or tagged can potentially be used as evidence against the claimant. This includes not only public posts but also those shared just with friends and followers, as privacy settings are not always foolproof. Photos showing physical activity, travel, or social engagements can be particularly damaging.

Even posts that are unrelated to physical activity can be misconstrued. For instance, a post expressing happiness or excitement might be used to suggest that the claimant is not suffering emotionally or psychologically, which can be particularly problematic in cases where the claimant is seeking damages for emotional distress.

Posts from friends and family can also pose risks. A well-meaning friend tagging you in a photo at a party can provide evidence that contradicts your claims of severe pain and limited mobility. It is essential to communicate with friends and family about the importance of not posting or tagging photos of you during your court case.

Practical Advice for Managing Your Online Presence

Given the potentially negative impact of social media on a personal injury case, it is crucial to manage your online presence carefully. Here are some practical tips:

Adjust privacy settings: While privacy settings are not infallible, they can provide a layer of protection. Ensure your social media accounts are set to the highest privacy levels possible. Set limits on who can see your posts and who can tag you in photos. Just remember: nothing is ever fully private online.
Think twice before you post: Be mindful of what you post. Avoid sharing details about your injury, the accident, or your case. Do not post photos or updates that could be interpreted as inconsistent with your injury claims. If in doubt, it is better not to post at all.
Communicate with friends and family: Inform friends and family about your situation and ask them to avoid posting or tagging you in photos and updates altogether. Explain that even well-intentioned posts can be used against you.
Monitor your online presence: Regularly check your social media accounts to ensure that no posts or photos have been tagged that could be detrimental to your case. If you find any, immediately contact the person who posted them and request they remove or untag you.
Consult your attorney: Your attorney at Warren Allen will provide advice specific to your case on how to handle your social media activity. Follow their guidance closely. In some cases, they may tell you to temporarily deactivate your social media accounts for the duration of your case.

When it comes to Oregon personal injury law, social media can significantly influence your personal injury claim. Posts, tags, photos, and comments can be used as evidence to challenge the severity of injuries and the claimant’s credibility. With social media use during a personal injury case, it is always better to err on the side of caution. Just be careful with your posts (if you post at all), check your privacy settings, and make sure your friends and family know not to post or tag you during this time. When you understand the possible issues and take proactive steps to manage your online presence, you can protect your legal interests and improve the chances of a favorable outcome in your case. Your attorney with Warren Allen can advise you through the process, so give us a call and set up a consultation today!

Oregon Car Insurance Requirements: What You Need to Know

Written by George McCoy on July 11, 2024. Posted in Auto Insurance. No Comments on Oregon Car Insurance Requirements: What You Need to Know

Aside from New Hampshire and Virginia, all U.S. states require vehicles to be covered by car insurance, so if you live in Oregon and plan to drive a car, it’s essential to understand the intricacies of Oregon car insurance. The following overview outlines everything you need to know about Oregon car insurance, including minimum insurance requirements to legally operate a vehicle, coverage options, and the legal implications of non-compliance, especially if you are involved in a car accident.

If you are involved in a car accident and suffer an injury, one of the best things you can do is consult with a personal injury lawyer, like the team at Warren Allen, LLP, to ensure you have all the help you need if you decide to pursue a personal injury claim.

Who Needs Car Insurance?

Generally speaking, anyone operating a motor vehicle on public roadways in Oregon must have car insurance. Certain vehicles might be exempt, including antique vehicles issued permanent registration; collector’s vehicles whose primary use is not transportation but exhibitions or parades; some all-terrain vehicles unless operated on a highway access route; and motor vehicles not operated on the highway or operated only on private property.

Minimum Insurance Requirements

For vehicles that do require insurance coverage, Oregon drivers are required to have liability coverage. This coverage helps pay for any injuries or property damage that you may cause to others in the event of an accident. The minimum amounts of insurance are as follows:

Bodily injury and property damage liability:
- $25,000 per person for bodily injury or death;
- $50,000 per crash for bodily injury or death to two or more people in a single accident; and
- $20,000 per crash for damage to others’ property.
Personal injury protection of $15,000 per person: This coverage helps provide certain financial compensation to cover medical expenses and lost wages for the driver and any passengers in the event of an accident, regardless of who is at fault. Generally, the medical expenses must be considered “reasonable and necessary” and occur within two years of the accident.
Uninsured motorist protection of $25,000 per person and $50,000 per crash for bodily injury. This coverage helps protect drivers who might be involved in an accident with another driver who does not have insurance. It can also help cover costs incurred by a hit-and-run collision. Drivers can receive financial compensation to help cover medical expenses if injured in an accident.

Coverage Options

While liability, personal injury protection, and uninsured motorist coverage in the amounts listed above are mandatory when buying Oregon car insurance, drivers often opt for additional coverage options. Coverage amounts will vary, depending on your insurance company and how much you are willing to pay for your monthly premium. It’s essential to review your policy with your insurance agent carefully to understand your coverage.

Several types of additional coverage are common for many car owners.

Collision coverage helps pay for damage to your vehicle if involved in a collision, regardless of fault.
Comprehensive coverage is used for non-collision damage to your vehicle resulting from theft, weather, or vandalism.
Underinsured motorist coverage helps bridge the gap when the other driver has insurance, but it’s insufficient to cover all your expenses.
Your insurance company might also offer coverage for emergency roadside service or rental cars.

Although uninsured motorist coverage is mandatory, the type required is only for bodily injury. If you choose, you can also add uninsured motorist coverage for damage to your vehicle or property.

It’s important to remember that, unlike homeowners’ or renters’ insurance, car insurance policies often do not cover the costs of personal property that might be damaged in an accident or stolen from your vehicle. The best choice is to take valuables with you when you leave your car.

Proof of Oregon Car Insurance

You should always keep proof of insurance with you whenever you are driving to avoid negative legal repercussions and ensure you are covered in the case of an accident, whether you are at fault or not. Most insurance companies provide a small card you can carry in your wallet or keep in the glove box of your car. Legally, you must show proof of insurance to the other driver if you are involved in an accident and the police if they pull you over for speeding or other driving infractions.

What Happens in Cases of Non-Compliance?

Understandably, the consequences can be serious if you fail to comply with Oregon’s mandatory car insurance requirements. Individuals caught driving without insurance might incur fines and penalties or have their driver’s license and vehicle registration suspended until they can prove they have valid car insurance.

Legally, if you are at fault in an accident and do not have Oregon car insurance, you might be held responsible and required to pay for damages and injuries to the other driver. Paying these damages out-of-pocket can sometimes be financially devastating. The other driver could file a lawsuit or take other legal action against you to ensure they receive the financial compensation you owe them. In addition, you would bear the financial burden of paying for your medical expenses and any necessary repairs to your vehicle out of your funds.

States put mandatory insurance coverage requirements in place to safeguard their residents. Having the appropriate Oregon car insurance is good citizenship, but it is also a good idea to protect yourself financially if you are involved in a car accident. If you have been injured in a car accident in Oregon, you may be entitled to financial compensation to cover medical expenses, loss of wages, pain and suffering, and vehicle and property damage repairs. Call the personal injury lawyers at Warren Allen LLP to discuss your situation and learn your options. Let us help you get the best resolution possible!

Explore Your Rights After a Slip-and-Fall Accident

Written by George McCoy on April 15, 2024. Posted in Personal Injury. No Comments on Explore Your Rights After a Slip-and-Fall Accident

Suppose you believe you have sustained a personal injury resulting from the possible negligence of a business or property owner in Portland. In that case, you should contact a Portland slip-and-fall accident lawyer as soon as possible. At Warren Allan LLC, our Portland slip-and-fall accident lawyers (also known as personal injury attorneys) will help you build a case to prove that the business or property owner involved failed to exercise reasonable care toward you and that negligence resulted in your injuries.

After experiencing a slip-and-fall accident, you have several rights to ensure your well-being, recovery, and protection under the law.

You have the right to seek immediate medical attention for injuries sustained in the slip-and-fall accident. Your health and safety are paramount, so medical care must be prioritized, even if injuries initially seem minor.
You have the right to document the incident. It’s crucial to record the details of the slip-and-fall accident as accurately as possible. This documentation may include photographing the scene, noting the conditions that led to the fall, and obtaining contact information from any witnesses present. If you choose to seek medical attention, medical documentation could also help your claim.
You have the right to report the accident. Depending on where the accident occurred, you can report it to the property owner, property manager, or relevant authorities. Reporting the accident helps create an official record of the incident, ensuring that appropriate actions are taken to prevent similar accidents in the future.
If you believe that negligence on the part of the property owner, manager, or another party contributed to the slip-and-fall accident, you have the right to seek legal counsel. An experienced Portland slip-and-fall accident lawyer can help you understand your legal rights, navigate the courts or claims process, and pursue compensation for your injuries and damages.
If negligence is established, you have the right to seek compensation for various damages resulting from the slip-and-fall accident. These damages may include lost wages, medical expenses, pain and suffering, and other related costs incurred as a direct result of the accident.
You have the right to fair treatment throughout the claims process. All parties involved, including insurance companies, legal representatives, and other relevant entities, should treat you fairly and respectfully. Your rights should be upheld as you seek resolution for the consequences of the slip-and-fall accident.

What Does Negligence Look Like in a Slip-and-Fall Claim?

According to Cornell Law School, the legal definition of negligence is “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act”.

In short, negligence in a slip-and-fall accident claim includes failure to keep premises safe, address known hazards, warn visitors, follow regulations, and maintain the property. When these failures lead to harm, the responsible party may be liable for negligence. Here are a few examples of negligence as it relates to slip-and-fall accidents:

Unsafe Premises

Property owners are responsible for ensuring their property is safe for visitors. Negligence can occur when they don’t address hazards like wet floors, uneven surfaces, loose rugs, or poorly maintained walkways.

Ignoring Hazards

If a property owner is aware of hazards but does nothing to address, fix, or warn visitors about them, they could be considered negligent. For example, if a spill in a grocery store is not properly cleaned up or marked with warning signs, it raises the risk of a slip-and-fall accident and can be considered negligent.

Lack of Appropriate Signage

The property owner must warn visitors even if a hazard cannot be fixed immediately. Negligence can occur if signs or barriers are not in place to alert people to dangers like wet floors or construction zones.

Violating Regulations

Building codes and rules exist to keep premises safe. Negligence might happen if a property owner doesn’t follow these standards, leading to unsafe conditions that cause a slip-and-fall accident.

Poor Maintenance

Regular checks and maintenance are vital for preventing, spotting, and fixing hazards. Negligence could be shown if a property owner doesn’t inspect and maintain their property correctly, allowing dangerous conditions to linger unnoticed.

Contributing Behavior

It’s worth noting that negligence can also involve the injured person’s actions. For instance, if someone ignores warning signs or behaves recklessly, their own negligence might reduce or remove the property owner’s liability.

What Are The Most Common Slip-and-Fall Injuries?

While every slip-and-fall accident is different and can vary in severity based on several factors, the most common slip-and-fall injuries are as follows:

Sprains and Strains

These injuries occur when ligaments or tendons are stretched or torn, often affecting joints such as the ankles, wrists, and knees.

Fractures/Broken Bones

Falls can fracture or break bones throughout the body, including the wrists, arms, hips, and ankles.

Head Injuries

Trauma to the head during a fall can lead to various injuries, ranging from minor bumps and bruises to more severe concussions or traumatic brain injuries (TBIs). Monitoring for symptoms such as headaches, dizziness, and changes in cognitive function is essential for proper management and treatment of head injuries.

Back and Spinal Cord Injuries

Falls can cause damage to the back or spinal cord, resulting in conditions like herniated discs, fractures, or spinal cord compression.

Soft Tissue Injuries

Falls can cause damage to soft tissues like skin, muscles, tendons, and ligaments, resulting in bruises, contusions, or abrasions.

Cuts and Lacerations

Sharp objects or uneven surfaces can cause cuts or lacerations, which may require cleaning, suturing, or other forms of wound management.

Emotional Trauma

In addition to physical injuries, slip-and-fall accidents can also result in emotional trauma. Emotional trauma can manifest itself in many ways, including anxiety, depression, or post-traumatic stress disorder (PTSD). Seeking support from mental health professionals could be very beneficial for individuals experiencing emotional distress after a fall. Overall, it’s essential to understand and assert your rights after a slip-and-fall accident. Contact Warren Allan LLC to schedule a free consult with one of our Portland slip-and-fall accident lawyers to ensure you receive the necessary support, care, and compensation to aid your recovery and well-being.

Medical Malpractice: How to Pursue Justice for Your Injuries

Written by George McCoy on November 20, 2023. Posted in Medical Malpractice. No Comments on Medical Malpractice: How to Pursue Justice for Your Injuries

Most of the time, when you go to a healthcare provider, it’s to cure an ailment; you feel sick, you make an appointment, they provide a service or treatment to make you feel better, and you go on with your life. Your appointment usually goes that smoothly, and you don’t give it another thought. But what if something out of the ordinary happens and things don’t go as smoothly as you think they should?

Unfortunately, some healthcare workers can make you feel worse instead of better, resulting in injury and, in severe cases, even death. Suppose you believe you or a loved one has been injured while seeking medical treatment. In that case, it is in your best interest to retain a medical malpractice attorney in Oregon as soon as possible.

Medical Error vs. Medical Malpractice

At the heart of all medical malpractice cases is determining whether the injury was due to medical error or medical malpractice. So, what exactly is the difference between the two?

A medical error is defined as a preventable adverse effect of care, whether or not it is evident or harmful to the patient. Medical error might include an inaccurate or incomplete diagnosis or treatment of a disease, injury, syndrome, behavior, infection, or other ailment.

On the other hand, medical malpractice is defined as a legal cause of action that occurs when a medical or healthcare professional, through a negligent act or omission. It must deviate from standards in the medical provider’s profession, causing injury or death to a patient. Negligence might arise from diagnosis, treatment, aftercare, or health management errors.

As you can see, the two definitions are startlingly similar. Simply put, medical errors are unintentional, while medical malpractice involves negligence or malice. In most cases, there is a very fine line between the two, which makes medical malpractice cases some of the most complicated claims to prove. To say these lawsuits are incredibly detailed would be an understatement, which makes it nearly impossible for someone without a law or medical degree to win. In fact, due to Oregon State’s complex and ever-evolving medical malpractice laws, even the most seasoned medical malpractice attorneys can find these types of cases difficult.

Starting the Process

Schedule your free consultation with Warren Allen, Attorneys at Law, and our team of experienced medical malpractice attorneys specializing in Oregon State law will be there for you. We can help you determine if your or your loved one’s injuries constitute a valid medical malpractice claim and help you seek justice for your injuries.

Several initial steps will be taken, including but not limited to:

Making sure your claim meets the minimum criteria. Your medical malpractice claim must be filed within Oregon State’s statute of limitations, though exceptions exist. Since every case has different circumstances, be sure to consult with your medical malpractice attorney before assuming your claim is invalid.
Initiating contact with those responsible for the incident. It is vital to understand what went wrong and explore potential remedies. Medical professionals are generally very cooperative and willing to provide the necessary services to address your issue, as they’d rather settle the dispute before it escalates to an official legal matter.
Filing a claim with Oregon State’s medical licensing board. You should file this claim regardless of whether or not you choose to retain one of our medical malpractice attorneys in Oregon, as it will prompt an official investigation by Oregon State’s medical licensing board. That investigation will notify the medical professional in question, as well as the medical facility in which they are employed. The medical board’s investigation could significantly help your case, and it could even help move your settlement along faster. At the very least, it might possibly prevent injury to others while the investigation is underway.
Reviewing and maintaining your claim details and paperwork. This sounds like a simple enough task, though it may be the most complicated step of all. Every piece of documentation relating to your case is important, including something as simple as a gas station receipt. Gathering as much evidence as possible, such as medical records, witnesses, testimonials, medical assessments, depositions, investigations, and any other additional resources along the way, will only strengthen your case.
Be open to settling out of court. This benefits both parties, especially considering medical malpractice cases can be costly and lengthy, sometimes dragging on for months and possibly years. An astonishing 96 percent of these cases settle out of court with attorneys negotiating a reasonable monetary settlement. Your medical malpractice attorney will advise you on the best strategy for your particular case and help you make an informed decision, as it is ultimately up to you.

Legal Fees

If you’ve suffered from medical malpractice, you don’t need the added hassle of pursuing an ongoing and possibly costly lawsuit on your own. All of the details listed above can be extremely overwhelming, especially when you’re already suffering physical and/or emotional anguish – but you don’t have to do it alone. The attorneys at Warren Allen are here to relieve some of your burden and fight for you.

Our medical malpractice attorneys will navigate the labyrinth of Oregon State’s medical malpractice laws and the mountains of paperwork that come along with every medical malpractice claim while you focus on recovery. You may think you can’t afford a medical malpractice attorney, but I have good news for you! Our legal fees are contingent on your case settlement, so we don’t get paid unless you do.

Whether you’re just starting the medical malpractice process in Oregon State or have inquiries about your case, seeking sound legal advice is crucial. Schedule your free consultation with one of our medical malpractice attorneys in Oregon today, and let the legal experts at Warren Allen, Attorneys at Law, address all of your concerns.

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

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

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

Legal Expertise and Guidance

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

Case Evaluation and Investigation

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

Expert Handling of Insurance Companies

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

Accurate Calculation of Damages

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

Legal Representation in Court

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

Contingency Fee Arrangement

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

Focus on Your Recovery

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

Settlement Negotiation Skills

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

Trial Experience

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

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

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

Alternative Dispute Resolution

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

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

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

How To Prepare for a Personal Injury Deposition

Written by George McCoy on July 10, 2023. Posted in Car Accident, Personal Injury. No Comments on How To Prepare for a Personal Injury Deposition

If you have been injured in an accident and have filed a personal injury claim, you may have to give a deposition. Though it is an important step in building a personal injury case, there are ways to prepare for an effective deposition. Preparation is key, as a deposition is an opportunity for both parties’ attorneys to gather evidence. Your attorney is your ally and will be with you throughout the entire process.

It’s natural to have questions regarding your personal injury deposition. You may wonder how to prepare for a deposition or even what a deposition is. The more comprehensive your preparation, the more effective your deposition is toward a positive outcome.

Below is a guide to help you understand what to expect and how to prepare:

What Is a Deposition?

Before delving into how to best prepare, it’s essential first to understand what a deposition is. Depositions typically occur in an attorney’s office and are recorded by a court reporter responsible for providing transcripts. A witness (deponent) is asked questions under oath by the attorneys to preserve the witness’s testimony and gather facts about what the witness knows. The attorneys use this information to gather evidence and prepare for trial.

Lawyers from each side are present and have opportunities to ask questions. It’s important to answer these questions carefully and truthfully; the deposition could be used in court, and false statements can have civil and criminal penalties. Under most circumstances, a deponent is obligated to answer all questions. Your attorney will search out favorable evidence, while the opposing attorney will seek evidence favorable for their client. The preparation leading up to your personal injury deposition will better ensure you are not surprised by their questions and are poised to answer truthfully and cautiously.

Review the Facts

One of the best ways to prepare for a deposition is by reviewing the facts of your case with your attorney. You must answer questions correctly and accurately. Review pertinent details surrounding the accident, any injuries, and treatment received. You’ll need to include what happened and the timeline of events and resulting injuries or pain and suffering.

Make sure to review the strong points of your case. Is the defendant liable? How have the injuries affected your life? Think through the injuries and how they impact your daily life. Record your experience, keep detailed notes, and review statements and medical records. The opposing attorney will try to poke holes in your case, but your attorney can help you understand how to answer questions meant to discredit your testimony. Reviewing the facts of the case keeps these facts at the forefront of your memory. It enables you to answer truthfully without allowing the opposing attorney to confuse the details with leading questions.

Listen Carefully and Pause Before Answering

Listen to the entire question before answering. It’s essential to fully understand the question before answering. Listen, pause, then answer. Pausing allows you time to think through your response and allows your attorney to object if necessary.

If you do not understand, ask for clarification. Don’t answer a question you don’t understand, as this can lead to false information or misrepresenting the facts. If you are in doubt, ask for clarification or rephrasing. If you did not hear the question, ask the attorney to repeat it. Remember to stay calm; you have a right to understand each question, and taking the necessary time is okay.

Don’t Volunteer Information

Only answer the question that is asked. Once you answer, stop talking and wait silently. Though you are under obligation to answer asked questions, you are not obligated to explain your answer unless explicitly asked to. Answer the question that is asked and refrain from volunteering additional information.

Keep your answers brief, and refrain from adding information that the attorney did not request. If an attorney needs an explanation, they will ask for it. If the answer is a simple “yes,” then respond with “yes” and quietly wait for the next question.

Answer Truthfully

A personal injury deposition is under oath, so you must answer truthfully. Lying or trying to distort the facts in your favor can harm your case. Answer truthfully and keep to your original answer. Changing your testimony can be detrimental. If the opposing attorney repeatedly asks similar questions, keep to your testimony. They can use this tactic to sway your testimony so you eventually give a different answer.

If you do not know the answer or don’t remember, simply say so. “I don’t know” or “I don’t remember” are acceptable and appropriate answers. If you are unsure about a particular detail, don’t guess or make assumptions, as this can harm the case. If you genuinely don’t know or cannot remember, respectfully say so.

Communicate With Your Attorney

Your personal injury attorney represents your interests, so it’s important to communicate with them honestly. This is especially true if you have concerns regarding your case. If you believe there have been any mistakes in your testimony, communicate this to your attorney during the break. Let your attorney know if you forgot to mention an important detail. These can be clarified after the break, on the record.

It’s also important to note that questions can be asked regarding your background beyond the accident. These include your education, credit history, personal relationships, prior accidents, etc. These are typically not admissible, but if there is anything problematic in your background, notify your attorney so they can advise you how to answer.

Remember, your attorney is your ally in your personal injury deposition. When you need legal representation in Oregon or Washington, contact the team at Warren Allen LLP. We provide solid advice and representation to help you receive compensation. Equipped with the right attorney, you can stay calm and professional, knowing you are thoroughly prepared for a successful deposition.

What Information Does My Personal Injury Attorney Need From Me?

Written by George McCoy on May 20, 2023. Posted in Personal Injury. No Comments on What Information Does My Personal Injury Attorney Need From Me?

If you were seriously injured in an accident, you will want to ensure financial compensation for your out-of-pocket costs by hiring a personal injury attorney. An accident could come from falling on someone’s property, a motor vehicle collision, getting bitten by someone’s pet, or other personal injury situation that may have caused you to become hurt and seek out expensive medical assistance to treat your injuries.

If you are working with or planning on working with an attorney to seek financial compensation for your personal injury claim, you’ll need to know what important information your attorney in Portland, OR may need from you.

We’ve listed below some important things you should know about a personal injury claim, and what sort of things you’ll need to provide to your attorney:

Why Choose a Personal Injury Attorney?

When hiring a personal injury attorney, not only will you be able to claim any medical expenses caused by your injury, but you may also be able to receive compensation for property damages. You could also receive damages to offset any earned income you may have missed out on due to being unable to work while you heal from your injuries. Even if you have purchased insurance that may help cover the costs of your medical bills and any damages to your property, you may benefit from obtaining legal counsel to ensure you receive the largest settlement that you are entitled to.

Insurance companies are for-profit entities that will try to pay out as little as possible in order to squeak out a profit despite your insurance claim. They do not have your best interests at heart when offering a settlement claim for your injuries. Small accidents with minor injuries may be easy to settle without a personal injury attorney to help guide you through the process. However, serious injuries may not be fully compensated if you are left without legal representation. This could leave you with expensive medical and property bills that you would have to pay for if the agreed upon settlement was not enough to cover the financial burden.

Provide Your Attorney All Incident Reports or Law Enforcement Reports

Typically, when there is a car accident or a physical injury, a call to the police is made for the safety of all involved. Not only is everyone’s safety protected when a call for help is made, but a police officer writes an official record of what happened. This report can help you when attempting to recoup your losses after the accident has passed and you are left with all the bills to sort through and figure out how to pay.

It is very important that you provide your attorney in Portland, Oregon or wherever they reside, with copies of all incident reports taken at the scene of the accident. Oftentimes, police reports will document any eyewitnesses who are on scene and able to back up your claims of what happened. These eyewitnesses can testify on your behalf to ensure you receive financial compensation for any incident that was not your fault.

In addition to any police reports, you would want to obtain copies of any incident reports that may have been logged if your accident happened at a place of business. Oftentimes, businesses

will have their own incident reports taken from employees’ recounts of what happened in case there is a need for proof of the incident for either insurance purposes or for legal claims. Obtaining copies of any and all incident reports for your attorneys can be helpful in discovering potential new leads or new evidence to back up your claim.

Take Pictures and Send Them to Your Legal Team

Taking photos of your injuries at the time of the incident can help back up your case and should definitely be provided to your legal team. You should continue to take photos of your injuries as they heal, showing your path to recovery, to help demonstrate your inability to work and earn income during any convalescence period.

Pictures of the scene of the accident or injury can help show how the incident occurred and can back up your case.If you were in a car or bicycle accident, or pedestrian crossing accident, be sure to capture the roadways, showing the layout of the lanes and signage. Taking pictures of the emergency response at the scene of the accident can be helpful as well.

If you are claiming restitution for any property damage, taking pictures of the damage at the scene of the accident can be extremely helpful as well for your lawyer to have in order to strengthen your claims. Make sure to do this before any cleanup occurs, if possible.

Keep a Recovery Journal and Provide a Copy to Your Attorney

In order to show how your injuries have impacted your day-to-day life, it is a good idea to start a recovery journal. You can track the progress of your injuries as they heal, and how you are feeling each day.

You can log each medical appointment, as well as the outcome of each doctor’s visit. Demonstrating how your injuries have affected your life is your responsibility, and having a recovery journal can help your attorney provide proof of your damages.

Provide Any Bills and Any Insurance Information

If you have reached out to an insurance company (either yours or the other party’s) to try and recover your losses, it is important to keep copies of your correspondence with each insurance company and provide a copy of your logs to your attorney. You will also want to provide your legal team with the insurance company names, any associated policy numbers, and any schedules of coverage if available.

You must provide proof of your financial losses in order to prove damages and recoup your losses legally. If you have made any medical bill claims with your insurance company, it is important to provide the explanation of benefits (EOB) received for any medical visit processed through your insurance company. You want to provide proof of your out-of-pocket expenses, and having the EOBs available for your lawyer to review is very important.

For more information on what specifically your state requires in the case of a personal injury claim, reach out to a lawyer located near the site of the accident. If you are looking for a personal injury attorney in Portland, Oregon or surrounding areas, contact Warren Allen LLP today!

5 Factors That Matter in a Strong Personal Injury Claim

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

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

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

Liability

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

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

Damages

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

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

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

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

Causation

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

Timing

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

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

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

Legal Representation

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

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

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

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

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

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

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

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

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

What Does a Personal Injury Attorney Do?

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

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

What Happens Once I Hire a Personal Injury Attorney?

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

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

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

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

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

What Happens If I’m Unable to Settle?

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

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

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

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

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

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

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

What Is the Role of a Personal Injury Lawyer in a Claim?

Written by George McCoy on June 21, 2022. Posted in Personal Injury. No Comments on What Is the Role of a Personal Injury Lawyer in a Claim?

If you or a loved one has suffered an injury due to someone’s negligence, you need a personal injury lawyer to represent you should you decide you initiate legal action. Instead of engaging a general practitioner, having a specialized lawyer who is an expert in handling matters relating to the negligence of a third party can make a difference to the outcome of your case.

If you’re wondering about the specific role of a personal injury lawyer in such matters, here’s what you need to know:

Gathering Evidence

Gathering the right evidence is central to the success of your claim. The law has strict requirements about what can be accepted as evidence. Any oversight at this stage can completely change the outcome of your case.

A personal injury lawyer is trained to understand the fine print of the law and ascertain the type of evidence needed to raise a claim successfully. Physical evidence, medical reports, photographs, and witness and expert statements are all critical to establishing your case. Moreover, if not preserved or photographed properly, physical evidence can get destroyed within a few hours or days after the incident.

This is where a personal injury lawyer can help, as they ensure the evidence is gathered properly. They also make sure all witness and expert statements are recorded, as per the requirements of law.

Evaluating the Merit of Your Case

Until the case is settled or heard and decided by a jury, no one can guarantee the outcome. But it’s of no use to pursue legal remedies if the outcome is destined to go against you. A personal injury lawyer will evaluate your case by considering all aspects of your claim and tell you what your chances of success are. Moreover, it works in their favor to do an initial assessment since most personal injury lawyers work on a contingency fee model.
Since they are familiar with the burden of proof, it’s their responsibility to tell you whether it will be too difficult to meet the requirements. And this examination goes beyond simply looking at the immediate facts of the case. Personal injury lawyers look at the entire incident comprehensively to determine how it has changed your life.

Help Negotiate a Settlement

Often, cases can be settled to achieve the best outcome. In fact, trials are riskier, expensive, and may go against you even if the odds are in your favor.
As an aggrieved party, you may hardly be in a position to negotiate with the party at fault. Even if you do it on your own, you may end up overlooking critical aspects of the case and negotiating a much lower amount than you deserve.
Luckily, that’s one of the advantages of getting a personal injury lawyer on board, as they can negotiate on your behalf. Armed with knowledge and years of experience, a lawyer knows the ins and outs of dealing with all other parties to ensure that you get a fair outcome.
Preparing Arguments
If your case is going to trial, you will need solid arguments. Even a single misstep here can impact the outcome of your case. A personal injury lawyer knows how to draft the pleadings based on tested strategies that appeal to the audience. They know how to present their arguments persuasively and succinctly so that both judge and jury are likely to rule in your favor. They also manage the finer details of the pleadings, such as using the correct format and filing the motion on time.

Preparing Deposition Strategies

The examination of witnesses, claimants, or defendants plays a pivotal role in your claim. How each participant narrates the events leading to the injury you have suffered is essential to making your case to the jury and judge. But in the absence of thorough preparation of plaintiffs and their witnesses, there is a chance that the case may get dismissed on summary judgment.
A personal injury lawyer helps their clients craft a compelling story and present it clearly and so the weaknesses aren’t highlighted. They also work out how to depose the defendants during cross-examination and poke holes in their statements to strengthen your case.

Negotiating With Insurance Companies and Sending Demand Letters

Insurance companies are key stakeholders in most personal injury claims, and dealing with them is often challenging. Personal injury lawyers are experts when it comes to negotiating with insurance companies. Not only do they go over the details of the policy statement to determine the exact compensation available, but they can also ensure regular communication with the insurer to avoid any untoward circumstances where the claim gets rejected or jeopardized.
A personal injury lawyer may also send demand letters to the insurer detailing the facts and the estimate of the claim amount payable on account of the injury. In fact, they also ensure that the insurance companies pay up the maximum amount possible following the policy terms, as insurers attempt to find loopholes in the claim to reduce their liability.

Are you looking for a personal injury lawyer to give you solid legal advice?

Now that you’re familiar with the role of a personal injury lawyer, make sure to approach one if you or a loved one has experienced an accident that has resulted in injury or even death. Suitable legal representation can help you obtain the compensation you deserve.
If you are looking for a personal injury lawyer in Portland and Pacific Northwest, reach out to Warren Allen LLP. Our attorneys are licensed to practice in Oregon, Washington, and Idaho courts and can help you litigate your personal injury claims successfully. Contact us to learn more.

Tag: Personal Injury Lawyer

Personal Injury Lawyer: Defending Your Rights for Justice and Fair Compensation for You