Personal Injury Oregon Archives - Warren Allen LLP Attorneys at Law

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

Written by George McCoy on September 25, 2024. Posted in Personal Injury. No Comments on What Types of Damages Can I Recover in a Personal Injury Case?

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:

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.
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.
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.
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.

Tips for Dealing With Insurance Companies After a Car Accident in Portland

Written by George McCoy on September 11, 2024. Posted in Car Accident. No Comments on Tips for Dealing With Insurance Companies After a Car Accident in Portland

After a car accident in Portland, Oregon, dealing with insurance companies can be a complex and challenging process. Insurance adjusters are trained to minimize payouts, making it essential to approach all interactions with them strategically.

At Warren Allen, LLP, our experienced personal injury lawyers specialize in Oregon law and know all too well what the insurance adjuster’s tactics are. Our attorneys will guide you through what is often a complicated and overwhelming situation.

Understanding the Insurance Adjuster’s Role

Insurance companies employ insurance adjusters to investigate claims and determine the extent of their liability. Their primary goal is to minimize the payout, which can sometimes lead to unfair settlement offers. It’s essential to remember that insurance adjusters are not necessarily looking out for your best interests.

Be very cautious when dealing with insurance adjusters, as they may use various tactics to reduce the value of your claim. Something as simple as answering the question, “How are you today?” with “I’m fine” could negatively impact your case.

Effective Communication Strategies

When interacting with insurance adjusters, be clear, concise, and accurate. Detailed accounts of the accident, injuries, and damages can help establish a strong foundation for your claim. However, it’s equally important to refrain from speculating or providing unnecessary information that could compromise your case. Only give what is requested, only answer the question that is asked.

Thorough documentation is critical when dealing with insurance companies. You’ll especially want to keep detailed records of any medical treatments you’ve had related to the accident and any expenses related to those treatments.

Keep all vehicle repair estimates and receipts of payment up to date; the more detail, the stronger your case. If you’ve missed any time away from work due to your injuries, keep detailed documentation of your lost wages and any other official documentation from your employer.

If you’ve had any correspondence with an insurance adjuster, keep accurate records of every interaction. Screenshot texts and save all email and written correspondence. Keep a log of phone calls, their duration, and what was discussed.

A well-documented case can help support your claim and increase your chances of a successful outcome.

Building a Strong Claim

To build a strong claim, gathering and preserving evidence is essential. Evidence may include photographs of the accident scene and vehicle damage, witness statements and contact information, police reports (if applicable), accident records, medical records, and treatment plans.

A well-documented claim can help establish liability and demonstrate the extent of your damages. At Warren Allen, LLP, our personal injury lawyers know the importance of being thorough and meticulous when gathering strong evidence for your claim.

Insurance Adjuster Tactics

Insurance adjusters may use various tactics to reduce the value of your claim. They’ll usually make lowball settlement offers, request unnecessary documentation, use complex language to specifically confuse claimants, and downplay the severity of your injuries or damages.

Being aware of these tactics can help you navigate interactions with insurance adjusters more effectively.

Leveling the Playing Field: Hiring a Personal Injury Lawyer

Dealing with insurance companies can be daunting, especially when recovering from injuries or handling repairs to vehicle damage. Retaining counsel at Warren Allen, LLP can help level the playing field and ensure you receive fair compensation. Our skilled personal injury attorneys know the nuances of the laws related to car accidents in Portland, Oregon. They can effectively communicate with insurance adjusters on your behalf, negotiate fair settlement offers, gather and present evidence to support your claim, and advocate for your rights and interests.

Portland-specific regulations and laws that may impact your claim include:

Oregon Revised Statutes (ORS) 30.820: Limits on noneconomic damages
ORS 31.710: Statute of limitations for personal injury claims
Portland Municipal Code (PMC) 7.01: Regulations for vehicle accidents

The guidance of a knowledgeable personal injury attorney can help you navigate these regulations and ensure your claim is compliant.

Common Mistakes to Avoid

When dealing with insurance companies, it’s essential to avoid common mistakes that can compromise your claim.

Do not make any unnecessary statements to insurance adjusters, especially without legal representation present, and do not sign any documents or verbally agree to a settlement, including releases or waivers, without legal counsel.

Often, people think they can manage the paperwork created by a car accident in Portland, Oregon, on their own. However, the sheer volume of records needed to substantiate your claim is much more complicated than it seems. Failing to provide accurate documentation of your injuries and damages or missing deadlines for filing claims can negatively impact your case.

Be patient and persistent in negotiations; don’t let them discourage you, and don’t give up! Being informed and cautious when dealing with insurance companies will help you avoid these costly mistakes. A skilled personal injury attorney at Warren Allen can help you develop a customized strategy to maximize your settlement.

The Importance of Local Expertise

When seeking legal representation, choosing a firm with local expertise is essential. The attorneys at Warren Allan have extensive experience handling personal injury claims in Portland, Oregon, and understand the unique regulations and laws that apply.

Local expertise can help ensure familiarity with Portland-specific regulations and laws, knowledge of local insurance company practices and tactics, established relationships with local medical providers and insurance adjusters, and help you effectively navigate the complicated local legal system.

A skilled personal injury attorney can also help connect you with the appropriate resources and ensure you receive the care and support you need.

Dealing with insurance companies after a car accident in Portland, Oregon, can be daunting. However, by understanding the claims process, effectively communicating with insurance adjusters, and seeking legal representation, you can ensure a fair outcome. Remember to document your case, avoid common mistakes, and leverage local expertise and resources.If you’ve been involved in a car accident in Portland, Oregon, reach out to Warren Allen, LLP, for guidance and support. With their legal expertise and local knowledge, you can trust that your case is in good hands. Remember, fair compensation is within reach – don’t settle for less.

What to Expect During a Family Court Hearing

Written by George McCoy on September 4, 2024. Posted in Family Law, General Law. No Comments on What to Expect During a Family Court Hearing

The term “family law” covers a broad spectrum of issues that might come up between family members. A family court handles a wide range of family law cases, including divorce, annulment, separation, prenuptial agreements, child custody, visitation, spousal support, child support, assigning guardianship, protection orders against domestic violence, emancipation of a minor, termination of parental rights, adoptions, name changes, establishing paternity, and so much more.

It can be stressful anytime you need to appear in court, but a family court hearing can be extra challenging because of the emotional and personal nature of the issues. Rather than trying to do it alone, consulting with a family law attorney like the ones at Warren Allen LLC can be extremely beneficial in preparing for your family court appearance.

Knowing what to expect if your case goes to court can help you feel more prepared and reduce your anxiety. Below is an overview of a family court hearing, including the roles of various participants, a brief description of the procedures involved, and practical tips to prepare for a family court hearing.

Who is Involved in a Family Court Hearing?

It might be helpful to start by listing the roles of everyone involved in a family court hearing to give you a better framework for understanding the family court system.

Judge: a neutral party who presides over the case to rule on legal issues and make a decision based on all evidence presented, arguments made, and applicable laws. In some jurisdictions, a family court commissioner, rather than a judge, hears family law cases.
Plaintiff: the person who initiates the court case (e.g., the spouse who files for divorce, etc.). This person is also sometimes called the petitioner.
Defendant: the person responding to the petition or complaint. Also referred to as the respondent.
Family law attorneys: attorneys specializing in domestic issues, like the lawyers at Warren Allen. Many people hire a family law attorney to best represent their interests by presenting evidence and making arguments before the judge.
Witnesses: expert witnesses might include counselors, mental health professionals, financial advisors, etc. Non-expert witnesses might be neighbors, co-workers, family members, or friends who can serve as character witnesses or provide other evidence.

Court-appointed advocate or social worker: when children are involved, the family court will prioritize the child’s best interests and might appoint an advocate or social worker to provide recommendations.
Court reporter: the person tasked with recording everything said during the proceedings, word for word. The court reporter creates a record that can be used during appeals or other legal proceedings.

What Happens During a Family Court Hearing?

The family court will assign your case a date and time. It’s a good idea to arrive at the courthouse well ahead of your scheduled time to ensure adequate time to get through security and to find your assigned courtroom. Check in with the court clerk or bailiff, who will provide additional guidance about where to wait or give you any other instructions you might need.

Once the hearing begins, the judge will introduce themself and lay out the procedures for the hearing. The plaintiff and the defendant (or their attorney) will then make opening statements summarizing their cases and what they hope to prove with their supporting evidence.

After the opening statements, the plaintiff’s team must plead their case, give testimony, and present all evidence. They may also call witnesses at this time.

The defendant, or their attorney, has the right to cross-examine the plaintiff’s witnesses and challenge the presented evidence. Then, the defendant presents their case. When finished, the plaintiff will have a chance to cross-examine the defendant’s witnesses and challenge the defendant’s evidence.

Throughout the process, the judge might ask questions to help clarify or provide additional information or elaboration on various points of evidence or testimony.

Finally, both sides can make closing statements summarizing the arguments and reiterate key points and evidence. Although not required, it’s usually in your best interests to take advantage of this time to restate the strongest points of your position and respond to any lingering questions or issues.

Sometimes, a judge might make an immediate decision. In many cases, they will need time to review the evidence and will issue a written order later outlining their findings and decision.

If you disagree with the judge’s ruling, consult a family law attorney about how you might appeal or seek modification of the court order. Otherwise, it’s essential to comply with the judge’s decision in a timely manner and meet all given deadlines.

How to Prepare for a Family Court Hearing

The following are some practical tips to keep in mind as you prepare for a family court hearing:

Gather your evidence. Get copies of anything that can help you support your claims, including financial records; written communication, including emails and texts; medical records; legal documents such as custody agreements; witness statements; relevant reports from professionals like mental health professionals, financial advisers, doctors, teachers, school officials; and physical evidence like photographs.
Be as organized and prepared as possible. Make sure you have all evidence together in one place and clearly labeled for easy access. If possible, research other cases like yours to understand the issues at stake, what types of evidence you need, and what your strategy should be.
Rehearse what you plan to say, and practice stating your case calmly and concisely. Make sure you’re familiar with all the facts and evidence. Know precisely what you want to say to the judge so you don’t forget important points.
Make a good impression. Arrive early. Maintain your composure throughout the proceedings and be respectful to all parties, especially the judge, addressing them as “Your Honor” and standing to speak to the court. Dress neatly in clean and modest clothing. Wait your turn to speak, and do not interrupt others. Listen closely and follow all directions given by the court.
Consult an expert. You hire a plumber when your sink doesn’t work; discussing your family law case with an expert is much more important.

When you work with our family law attorneys at Warren Allen LLC, we can help you navigate the family court process, making sure you understand the relevant procedures and timelines. We can also help you develop a legal strategy and go over your evidence and arguments. Let our team be your team. Schedule a free consultation today, and let us help you through your family court hearing.

What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

Written by George McCoy on June 10, 2024. Posted in Car Accident. No Comments on What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

Getting injured in a car accident is an unfortunate reality for many people. In 2022 alone, the cost of motor vehicle-related injuries in the United States was 5.2 million. Often, the driver at fault’s insurance company will pay some financial compensation for lost wages or medical bills to the injured party, but what happens if the driver at fault doesn’t have car insurance? Is there any way to recoup some of your losses?

Although the process is more challenging, there are some financial and legal options available to someone injured by an uninsured driver. For instance, when you buy car insurance in Oregon, you must carry a minimum amount of uninsured motorist coverage and personal injury protection included on your policy. Both types of coverage provide some protection if you’ve been injured in an accident with an uninsured driver. Aside from these available financial options, you may also pursue legal action against the driver.

The guide below provides additional detail about potential courses of action you could take to get compensated if you are injured by an uninsured driver and any challenges you might face. A significant first step is to find a reputable personal injury lawyer with experience in your area, such as the attorneys at Warren Allen LLP. They can give you expert legal advice on how to move forward with your specific case.

Financial Compensation Through Your Insurance

If you are injured in a car accident (as a driver, passenger, or pedestrian) but the person responsible does not have car insurance, you can file a claim with your car insurance in Oregon. Certain health insurance policies may also cover some of your medical costs. In either case, check with your insurance agent before filing a claim to see what type of coverage you have.

Uninsured Motorist Coverage

As the name suggests, uninsured motorist coverage protects you if you’re involved in an accident with another driver who does not have insurance. Depending on your insurance policy, you might be entitled to compensation for financial costs like medical bills or lost wages and other damages like pain and suffering up to your coverage limits.

Although the minimum limits required by law are $25,000 per person and $50,000 per accident (for you and your passengers) and only cover bodily injury, you can choose to increase your coverage with your insurance company and add coverage for property damage.

Personal Injury Protection (PIP)

Personal injury protection coverage from car insurance in Oregon provides financial compensation for certain costs, no matter who is at fault. Whether you were a driver or passenger of a car or even if you were a pedestrian struck by a vehicle whose driver did not have insurance, you can claim up to $15,000 for immediate medical, dental, and surgical costs as well as loss of wages, childcare needs if a parent requires hospitalization, and essential services like housecleaning and meals if you are incapacitated for a time.

Navigating Insurance Claims

So what should you do if you’ve been involved in an accident with an uninsured driver, and how do you file a claim with your car insurance in Oregon?

The first step after an accident is ensuring everyone is physically safe. Move to the side of the road away from traffic, and if anyone is severely injured, call for emergency services. Also, contact authorities to report the incident.

Collect information from the other driver, including contact information, license plate, vehicle make, model, and year if you can. Take pictures of damage, the surrounding area, or anything relevant to the accident, such as weather or road conditions. Try to talk to eyewitnesses and get contact information from them as well.

To file a claim for uninsured motorist or personal injury protection compensation, contact your insurance company as soon as possible to report the accident. Provide as much documentation as quickly as possible, including police reports, eyewitness accounts, pictures, medical bills and diagnoses, repair estimates, etc. As noted earlier, your car insurance coverage limits will determine how much financial compensation you can claim.

Your insurance company will investigate the accident to assess fault and determine damages. They will then offer a settlement based on their findings and your policy’s limits. If you feel the settlement is unfair or insufficient, you can try to negotiate with your insurance company through an arbitrator. You can also hire an attorney to look over your settlement for you and negotiate with your insurance company on your behalf.

Pursuing Legal Action Against the Uninsured Driver

Whether or not you choose to file a claim with your car insurance in Oregon, you can also consider pursuing legal action against the at-fault driver. One of the most significant challenges you will likely face is that uninsured drivers usually lack the financial resources to pay any judgment you might win in court. So, even if your case is strong, you will likely find it difficult to recover any court-awarded damages.

If you are seeking only a small amount, for instance, less than $750, you can also look into filing a claim in small claims court, which is a more straightforward process. When you’ve been injured in an accident with an uninsured driver, it can be incredibly stressful, so getting professional advice and help can make it easier to focus on your recovery. One of the best ways to navigate the process of working with your car insurance in Oregon or filing a personal injury lawsuit in court is to talk to an experienced personal injury lawyer. You can schedule a consultation with the personal injury team at Warren Allen LLP to go over your case and talk about your next steps. Don’t wait. Get help today.

What Factors Should I Consider When Hiring Attorneys in Portland?

Written by George McCoy on March 20, 2024. Posted in Estate Planning, Family Law, Personal Injury. No Comments on What Factors Should I Consider When Hiring Attorneys in Portland?

How do you find the right attorney when you need legal advice or representation? Your first step might be to ask family, friends, neighbors, and coworkers for recommendations. First-hand experience with a law firm or attorney can provide valuable information about how they approach cases, treat clients, communicate, and more.

You might also do a quick internet search to see what attorneys are in your area. It’s important to find a local law firm for a few reasons. Since laws vary from state to state and in different jurisdictions, a local firm will be the most familiar with the laws and local court system that might affect your case. Secondly, depending on the type and complexity of your case, you might need to consult with their team more than once, which will be easier with a local attorney.

If you’re looking for attorneys in Portland, Oregon, for instance, the expert team at Warren Allen, LLP, has a wealth of experience representing clients across Washington and Oregon in a range of legal areas. Specialties include personal injury, family law, landlords’ rights, condominiums, estate planning and probate, and wildfire recovery.

Besides location, though, there are several other factors to consider when hiring attorneys in Portland or any other city. The following guide outlines some things to think about in your search.

Area of Expertise

First and foremost, you want an attorney familiar with your type of case. When attorneys specialize in a particular area of law, they are better equipped to provide sound legal advice and represent you in court should that become necessary. Familiarity with your type of case ensures the attorney can:

Develop effective legal strategies. They stay updated on changes in the related laws and are familiar with relevant case precedents and rulings, so they know what approach works best, what type of evidence is needed, etc.
Capitalize on established relationships. They will likely have established relationships with judges, other attorneys, and experts in the area who can help with your case. For example, in personal injury cases, you need an expert to establish negligence, gather evidence, and assess damages.
Work efficiently and confidently. Because these attorneys have already spent a lot of time working with similar cases, they won’t need extra research time, which will be more cost-effective for you. Knowing what paperwork is needed and which steps you need to take can also significantly reduce the risk of missing important deadlines or leaving out pertinent information.

Level of Experience and Reputation

Of course, you would like an experienced attorney with a high success rate, but how can you check? The first step is to contact your state’s bar association or use their online search function to verify the attorney’s credentials. Their online entry should also indicate whether they have faced any disciplinary actions or if there have been complaints filed against them. State bar associations should also have information about the attorney’s track record of cases.

You can also ask the attorney for references or case studies from some of their previous clients. These references can help you gauge client satisfaction and success rate. Read any reviews or testimonials you can find online. Do they have a good reputation?

Professionalism

Another important factor to consider is the level of professionalism of the attorney and the law firm. You want to feel confident that you and your case are in capable hands. When a law office, the attorney, or their team is disorganized, chaotic, or perpetually late, they will likely handle your case the same way.

Communication

Maintaining professionalism in communication covers a few different areas. When you call or email, do they answer quickly, or do you have to follow up on communication attempts to get a response? Do they listen to you and answer your questions, or are they dismissive? Are they clear in their communication, or do they use many legal terms you might need help understanding? Do they seem genuinely interested in your welfare and your case?

Another thing that communication might clarify is whether or not the attorney has the time and resources to dedicate to your case and focus on your needs. Even if their communication is professional, delays in responses indicate that your attorney is very busy with a heavy workload and may be unable to give your case the necessary attention for success.

Presentation

If your attorney might eventually represent you in court, you want them to have a professional appearance and presentation, which will inspire confidence. You can begin to gauge their level of professionalism by looking at their website and office. Do they have typos on their website? Is the office messy or dirty? Are they dressed appropriately for a business atmosphere?

Although these issues might be minor, they can give you a better sense overall of how seriously the attorney takes their job and, in turn, how much effort they will put toward your case.

Fee Structure

Some attorneys charge by the hour. Others work on a contingency fee basis, meaning you are only required to pay them if you win the case. Some charge flat fees for specific services. Discuss fees upfront and make sure you have a clear understanding of the billing structure. A good rule of thumb is to avoid any law firm that:

Makes you feel uncomfortable asking questions about the fee structure
Cannot provide you with specific information about fees and costs
Guarantees you will win your case or will receive a certain amount of financial compensation

Compatibility

Even for a relatively simple case, you will work closely with your attorney and need to trust them. Feeling compatible and comfortable with your attorney is especially important if your case is sensitive (as in many family law or personal injury cases) or complicated. Trust your gut. Considering the above tips, you are in the best position to know whether the attorney you’re consulting with is the right fit for you.

Many reputable law firms offer free initial consultations for potential clients. These consultations are both to make sure you have a strong case and also to allow you to get a feel for the attorney. Take advantage of this service to ask questions and assess your comfort level.

Experienced Attorneys in Portland

Finding the right attorney might take some time. Don’t be afraid to interview multiple candidates before making a final decision. Ultimately, it’s worth the effort to make sure you have the right team on your side. If you are looking for experienced, professional, caring attorneys in Portland and the Pacific Northwest, contact the team at Warren Allen LLP. We would love to discuss your case with you.

What Is the Role of Insurance in Personal Injury Cases?

Written by George McCoy on February 20, 2024. Posted in Personal Injury. No Comments on What Is the Role of Insurance in Personal Injury Cases?

Personal injury cases are common and can include car accidents, slip-and-fall incidents, workplace injuries, and dog bites. If you have been involved in an accident that caused you physical, mental, or emotional harm because of someone else’s actions or negligence, you might be entitled to financial compensation from the party at fault.

Insurance companies and their representatives usually work to settle personal injury claims. Depending on the type of personal injury case, different types of insurance policies and companies might be involved. Consulting with a personal injury lawyer in Portland, like the Warren Allen LLP team, who specializes in these types of cases, is often a good idea since they can help you navigate the claims process, negotiate with insurance companies on your behalf, and represent you in court if you are unable to reach a fair settlement.

For instance, if you are looking for a personal injury lawyer, ensure they are well-versed in providing solid legal advice and working on all types of personal injury cases, which should include:

Vehicular accidents
Slip and fall accidents (also known as premises liability)
Product liability
Animal bites
Medical malpractice
Workplace accidents

It’s important to remember that the insurance company of the other party involved in the accident will likely try to settle the claim as quickly as possible while minimizing the financial impact on their client. Understanding the different types of insurance policies and companies you might encounter and their role in personal injury claims might help you be more prepared to ensure the best outcome for yourself. The information below provides an overview of insurance in personal injury cases, including things to watch out for.

Common Types of Insurance Policies Involved In Personal Injury Cases

Many insurance policies offer some coverage for personal injury claims. The following are a few different kinds of insurance and the costs they might cover.

Automobile Insurance

Most drivers have car insurance that provides liability coverage that helps pay for bodily injury or physical damage you might cause in an accident. Depending on the policy, medical bills, car repairs, pain and suffering, and lost wages might be covered. Some states also require personal injury protection or no-fault insurance as part of your plan. This protection might help pay for medical costs and sometimes lost wages not covered by your regular health insurance, no matter who was at fault in the accident.

Insurance companies generally use a specific formula and minimum amounts the state sets to determine the settlement amount they offer you.

Business Owner’s Policy And Homeowners’ Insurance

Slip-and-fall incidents most often occur at businesses or on private property. Business owner’s policies combine liability coverage and property insurance; some homeowners’ insurance policies can include personal liability coverage. In both cases, the insurance policy could cover the medical bills of a third party who is injured on the property of the business or home due to negligence, like an icy sidewalk, slippery floor, or a loose board on the porch.

The insurance company sets coverage limits depending on the plan purchased by the business or homeowner. Any settlement beyond those limits would be paid out-of-pocket by the policyholder. Also, it’s important to remember that claims against insurance policies often raise rates for the policyholder, making them more likely to challenge these claims. An experienced personal injury lawyer on your side is especially helpful if the situation becomes contentious.

Workers’ Compensation Insurance

Any time you are injured while on the job, your employer should have workers’ compensation insurance coverage to help cover any medical treatment or lost wages as you recover. Many workers’ compensation claims are paid in full, even if you are at fault. Typically, when you accept payment, you give up any rights to sue your employer for the incident, including for financial compensation for pain and suffering in the future.

Medical Malpractice Insurance

In the United States, all hospitals have medical malpractice insurance, and many healthcare professionals do as well. These insurance policies provide liability coverage related to claims of medical negligence, products, or services that result in a patient’s injury or death. Medical malpractice cases are complicated, and it’s usually best to consult with professionals before pursuing one.

What Do Insurance Companies Do In Personal Injury Claims?

As a general rule, when an accident is reported to an insurance company, they assign a claims adjuster who will be responsible for the following:

Investigate the accident
Gather information and evidence through eyewitness accounts, pictures, police reports, medical records, etc.
Assess the extent of damages and injuries
Interview and determine the liability of their policyholder
Calculate the amount of compensation to be offered
Negotiate with you or your representative to settle the claim

Insurance Company Tactics To Be Aware Of

Remember that the insurance adjusters work for the insurance company of the other party involved in your accident, not you. They most likely do not have your best interests in mind. To minimize the financial impact on their employer (the insurance company) and their client (the policyholder), they might employ a few different tactics you should be aware of, including:

Offering a low initial settlement amount
Pressuring you to settle early, before your medical treatment or car repairs are complete
Attempting to shift liability from their client to you
Requesting records, reports, or personal recorded statements from you that might be used against you (such as information about pre-existing medical conditions or prior personal injury claims)
Trying to settle your claim before you’ve consulted with a lawyer or pursue litigation

When To Talk To A Personal Injury Lawyer

It’s always a good idea to consult with a personal injury lawyer in Portland before providing recorded statements to an insurance claims adjuster or accepting any settlement offers outright. Many attorneys provide free initial consultations to offer legal advice on protecting your rights. They can also help you assess any settlement offers you might receive and whether you should pursue litigation.

Negotiating with insurance companies can take time and effort. If you cannot reach a fair settlement agreement with an insurance company, it is in your best interests to work with a personal injury lawyer who can help you file a personal injury lawsuit and represent you in court. When you contact the team at Warren Allen LLP, you will have access to a personal injury lawyer in Portland with a wealth of knowledge and experience representing clients throughout the Pacific Northwest. Dealing with the aftermath of an accident can be challenging. It helps to have a team on your side. Call today to discuss how Warren Allen LLP can help you!

Misdiagnosis & Medical Negligence Law: What You Should Know

Written by George McCoy on February 10, 2024. Posted in Medical Malpractice. No Comments on Misdiagnosis & Medical Negligence Law: What You Should Know

Medical negligence is a grave concern that affects numerous individuals worldwide. Within the broader scope of medical malpractice, misdiagnosis emerges as a significant issue that can lead to severe consequences for patients.

This article will explore the complex world of medical negligence law. We will focus on misdiagnosis, its implications, and the options available to individuals who have been harmed by negligent or inattentive medical professionals.

Understanding Medical Negligence and Misdiagnosis

Medical negligence, which falls under the umbrella of medical malpractice, occurs when healthcare professionals deviate from the standard of care expected in their field and thereby harm the patient. Misdiagnosis is a specific form of medical negligence in which a healthcare provider fails to diagnose a medical condition accurately or provides an incorrect diagnosis. This type of malpractice tends not to be malicious.

Misdiagnosis can stem from various factors, including inadequate examination, misinterpretation of test results, failure to order necessary tests or simply human error. Regardless of the cause, the consequences can be severe, leading to delayed or inappropriate treatment, worsening of the patient’s condition, and sometimes irreversible harm.

Legal Implications of Misdiagnosis

When a patient is misdiagnosed, they may have legal recourse under medical negligence law. To establish a case of medical negligence, the plaintiff must generally prove four key elements: the healthcare provider’s duty, any breach of that duty, the causation of harm, and the damages accrued.

In simple terms, this means that the plaintiff and their lawyer must prove that the healthcare provider owed a duty of care to the patient, generally through an agreement to treat a patient who has asked for assistance or treatment. Once this is proven, they must show that the provider failed to meet the standard of care expected of them in the medical field, thus breaching that duty of care and that duty caused direct harm or injury to the patient.

Once harm is established, one must draw up a list of quantifiable damages, both bodily and financial, that came about specifically due to the stated medical negligence. In the context of misdiagnosis, proving each of these elements can be a complex process, with the need for many things like expert testimony, a showcase of medical records, and a thorough understanding of the specific circumstances surrounding the case. Misdiagnosis as a legally liable branch of medical negligence is uniquely challenging to prove, as all four of the key elements we named above must be provable and verifiable.

Jurisdictions seem to be more receptive towards claims explicitly based on the idea of informed consent, where an individual thought themselves to be informed when giving consent but later found that they were unaware of the specific risks associated with a medical procedure or prescribed drug. The medical professionals who may find themselves guilty of medical malpractice and misdiagnosis include physicians, surgeons, psychiatrists, and dentists, but can also include nurses, midwives, medical assistants, and a wide range of allied health professionals.

Those who claim to be particularly skilled or specialists will find themselves operating under a higher duty of care based on the acceptable skill level and the idea of informed consent.

Options for Individuals Facing Misdiagnosis

When facing a misdiagnosis, seeking a second opinion from another healthcare professional is often the first step. Different perspectives may provide alternative diagnoses that better fit or alleviate the pain and symptoms of the previous errors. Often, a misdiagnosis can be remedied with a second opinion, and no further steps must be taken.

Complaints can be filed with the relevant medical board for individuals who believe they have experienced medical negligence past repair of a second opinion. While this might not result in immediate compensation, it can prompt investigations and any necessary disciplinary actions against the healthcare provider. If the wronged individual and the healthcare provider cannot reach an agreement, it may be necessary to file a lawsuit.

Before resorting to a lawsuit, any parties involved may opt for negotiations or mediation to settle the matter outside of court, which can be quicker and less adversarial. Though maliciousness should not be assumed or unassumed, an unintentional but clearly harmful misdiagnosis may find restitution early during these negotiations.

If negotiations fail, individuals may pursue a medical malpractice lawsuit with the help of the experts at Warren Allen Attorneys at Law. If necessary, this process would involve filing a complaint against the responsible healthcare provider or any governing board and seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

It is important to find out and keep in mind the statute of limitations, which will vary by jurisdiction or state. Failing to file a lawsuit within the allotted time frame may bar you or the injured individual from seeking compensation for damages, either caused or perceived.

In a successful medical malpractice lawsuit related to misdiagnosis and medical negligence, compensation may be awarded to the plaintiff for a variety of damages. These include reimbursement for medical bills associated with the misdiagnosis and subsequent treatment, any compensation for income lost due to the inability to work caused by the misdiagnosis, and any pain and suffering caused or experienced throughout the misdiagnosis. Damages can be awarded for the physical and emotional distress experienced as a result of the misdiagnosis. If it leads to long-term consequences, compensation may cover future medical expenses.

Misdiagnosis is a distressing experience that can have profound implications for an individual’s health and well-being. Understanding one’s rights and options within the framework of medical negligence law is crucial when seeking justice and compensation for the harm caused by a healthcare provider’s negligence. By knowing the available legal avenues and utilizing the resources of accomplished law firms like our team here at Warren Allen LLP, individuals can navigate the complex terrain of medical malpractice and work towards holding accountable those responsible for misdiagnosis. Call us, and let us walk you through the process of filing your medical negligence case.

How Do You Know Who’s At Fault in a Car Accident in Oregon?

Written by George McCoy on January 20, 2024. Posted in Personal Injury. No Comments on How Do You Know Who’s At Fault in a Car Accident in Oregon?

Getting into a car accident is never a pleasant experience, and when it happens in Oregon, understanding the nuances of determining fault becomes crucial. Oregon follows a no-fault insurance system and at first glance, that system may seem straightforward. However, the intricacies of this system, coupled with exceptions and legal considerations, demand a closer examination.

This article will break down the fault determination process in Oregon car accidents, shedding light on the state’s no-fault system and the pivotal role of a Portland personal injury lawyer.

The Basics of Oregon’s No-Fault System

The no-fault system in Oregon operates on the fundamental principle that each party involved in a car accident is responsible for their own injuries and damages, regardless of who caused the accident. This particular approach is designed to simplify the claims process, with each driver’s insurance covering their related medical expenses and losses.

However, this is not a one-size-fits-all scenario, as there are exceptions to the no-fault rule.

Exceptions to the no-fault system come into play when medical expenses exceed a predefined threshold or when injuries are deemed severe. An injured party may be eligible to pursue a claim against the at-fault driver in such cases. At this point, it is in their best interest to contact a lawyer like Warren Allen LLP and schedule a free consultation with one of our Portland personal injury lawyers.

These exceptions acknowledge the limitations of a strict, no-fault approach and ensure that individuals with significant damages have avenues for appropriate compensation.

Deciphering Fault In Oregon Auto Accidents

Understanding the foundations of fault determination is crucial for those navigating the aftermath of a car accident in Oregon. Thre are several factors that come into play with fault determination:

Foundations In Traffic Laws: The cornerstone of finding fault lies in carefully examining Oregon’s traffic laws and regulations. Rules regarding speed limits, right-of-way, and other traffic norms provide the framework for assessing liability. If any party involved in the accident violated these regulations, it can become a critical factor in determining fault.
Role Of Police Reports & Witness Statements: Law enforcement officers play a pivotal role in the post-accident scenario by creating detailed reports. These reports encompass the officer’s observations, statements from involved parties, and any observed violations of traffic laws. Additionally, witness statements can either corroborate or challenge the events leading up to the collision. The combination of police reports and witness statements aids in constructing an accurate narrative of the accident.
Insurance Adjuster Investigations: Insurance adjusters undertake thorough investigations to determine fault, utilizing resources such as police reports and witness statements. However, individuals involved in an accident must approach these investigations cautiously, recognizing the potential for biases. Seeking guidance from a Portland personal injury lawyer at Warren Allen, LLP will provide valuable assistance in navigating these complexities.
The Crucial Role Of A Portland Personal Injury Lawyer: The legal professionals at Warren Allen specialize in deciphering the nuances of Oregon’s no-fault system, ensuring that individuals receive fair compensation for their losses. A Portland personal injury lawyer emerges as an indispensable asset in the intricate landscape of fault determination.

Warren Allen LLC’s Portland personal injury lawyers serve as seasoned guides, steering clients through the legal complexities associated with fault determination. Their expertise in understanding the intricacies of Oregon’s no-fault system is instrumental in ensuring that individuals are treated fairly in the aftermath of an accident.

Assessing Damages & Negotiating Compensation

Beyond navigating legal complexities, Portland personal injury lawyers play a crucial role in assessing the full extent of damages incurred by their clients. From medical expenses to property damage, these attorneys meticulously quantify losses, enabling them to negotiate with insurance companies effectively and secure just compensation for their clients.

While the no-fault system streamlines the claims process, exceptions allow for litigation against the at-fault driver. In such scenarios, a Portland personal injury lawyer becomes an advocate, building a compelling case to demonstrate the opposing party’s liability. Their expertise in litigation ensures that clients receive due compensation for the damages suffered.

Prompt Reporting & Documentation

Prompt reporting of the accident to law enforcement and insurance companies is crucial. Documenting the scene through photographs and collecting witness contact information provides essential evidence for fault determination and subsequent claims.

Avoid Statements That Admit Fault

In the aftermath of an accident, individuals should exercise caution and refrain from making statements that may be construed as admissions of fault. Consulting with a Portland personal injury lawyer before providing statements to insurance companies is a prudent step to safeguard legal interests.

Securing Legal Representation Early

Engaging the services of a Portland personal injury lawyer early in the process significantly influences the trajectory of a case. These attorneys bring a wealth of experience to the table, ensuring that clients’ rights are protected and that they receive fair compensation for their damages.

In conclusion, determining fault in a car accident in Oregon involves a comprehensive understanding of the state’s unique no-fault system. From traffic laws and police reports to the indispensable role of a Portland personal injury lawyer, various factors contribute to this intricate process. By adhering to best practices, promptly reporting accidents, and securing legal representation when needed, individuals can navigate the aftermath with greater clarity and confidence.

The expertise of a Portland personal injury lawyer emerges as a crucial asset in unraveling the legal complexities and ensuring a fair resolution for those affected. As individuals seek to recover from the physical, emotional, and financial toll of an auto accident, the guidance of a Portland personal injury lawyer becomes paramount, providing a sense of justice and a pathway to fair compensation. With the right approach and support, individuals can navigate the complexities of fault determination and emerge with a fair resolution in the aftermath of a car accident in Oregon. If you’ve been in an accident and need legal help, reach out to us at Warren Allen today.

Personal Injuries and Emotional Distress: Understanding Your Claims

Written by George McCoy on December 10, 2023. Posted in Personal Injury. No Comments on Personal Injuries and Emotional Distress: Understanding Your Claims

After you incur a personal injury, you often experience physical pain and suffering. What you don’t realize is you may also experience emotional distress. Though you may not be able to see it, emotional distress can be just as traumatic as a physical injury, if not more.

This article will help explain emotional distress, how it can relate to an accident or injury, and how it might apply to your personal injury claim.

What is Emotional Distress?

When it comes to a personal injury claim, emotional distress is defined as “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.”

Emotional distress can manifest itself in many different ways, which may not be evident at first. It could even be brushed aside and attributed to physical injury. Knowing the signs and symptoms of emotional distress can help you understand how it’s affecting your mental health.

Some common signs of emotional distress include, but are not limited to:

subtle personality changes
crying spells or bursts of anger
increased use of alcohol or drugs
changes in appetite or difficulty eating
increasing physical distress symptoms such as headaches or stomach pains
feeling guilty, helpless, or hopeless
avoiding family and friends, isolating
trouble keeping track of things or remembering

Since some of these symptoms can be masked by physical injury, it is vital to be aware of any emotional changes you may be feeling, regardless of your bodily injury status. Keep a journal and note the changes in your mental health. If you notice any of the signs above, getting the support you need is vital.

Understanding the Legal Basis for Emotional Distress Claims

Whether it’s a car accident, a workplace incident, or a slip and fall, the impact of personal injuries can extend far beyond physical pain. Understanding the connection between personal injuries and emotional distress is crucial when it comes to seeking compensation for your suffering.

Emotional distress claims are a subset of personal injury claims that focus on the psychological harm suffered by the victim. These claims assert that the negligent or intentional actions of another party caused significant emotional distress, resulting in mental anguish and psychological trauma. While physical injuries may be more visible and tangible, emotional distress claims recognize the profound impact that psychological harm can have on a person’s well-being. By understanding the legal basis for emotional distress claims, you can better navigate the legal process to seek appropriate compensation.

How Does Emotional Distress Affect You?

Physical Injuries

The pain, suffering, and lifestyle changes that accompany physical injuries can encompass a wide range of emotions, including fear, anxiety, anger, depression, loss of enjoyment of life, and even post-traumatic stress disorder (PTSD). Our personal injury lawyers in Portland can help you recognize and identify the validity and impact of emotional distress on a person’s mental health and overall quality of life. It’s essential to address these emotional impacts alongside the physical ones when seeking compensation.

Psychological Trauma

Psychological trauma resulting from personal injuries can have far-reaching consequences on emotional well-being. Witnessing a traumatic event, such as a serious accident or violence, can cause severe psychological distress. This trauma can manifest as nightmares, flashbacks, and intense fear, affecting daily life and mental health. Recognizing the psychological impact of personal injuries is crucial in understanding the full scope of emotional distress.

Chronic Illness

Personal injuries aren’t always limited to isolated incidents but can also encompass chronic illnesses and conditions. Coping with a chronic illness can take a toll on a person’s mental health, leading to emotional distress. The constant pain, limitations, and uncertainty associated with chronic illnesses can contribute to feelings of frustration, sadness, and anxiety. Acknowledging the emotional burden of chronic illnesses is essential when seeking compensation for the overall impact on one’s well-being.

Long-Term Effects of Emotional Distress on Mental Health

Emotional distress can have long-lasting effects on mental health if not effectively addressed. Untreated emotional distress may lead to chronic anxiety, depression, and other mental health disorders. By understanding the potential long-term consequences, it becomes evident that seeking compensation for emotional distress is not only fair but necessary to obtain the resources for proper treatment and support.

Establishing Duty of Care in Personal Injury Cases

To pursue an emotional distress claim, it is crucial to establish the legal concept of duty of care. This concept recognizes that individuals and entities have a legal obligation to act responsibly and avoid causing harm to others. Proving that the party responsible for your personal injury owed you a duty of care is essential in building a solid emotional distress claim.

Causation is another critical element in emotional distress claims. It requires demonstrating that the personal injury directly caused the emotional distress suffered. Establishing this link may involve medical records, expert testimony, and evidence of the emotional impact experienced. By connecting the personal injury to the emotional distress, you strengthen the foundation of your claim.

Determining the Level of Emotional Distress

Emotional distress claims often require meeting a threshold to be eligible for compensation. This means that the emotional distress experienced must reach a certain level of severity, causing significant harm and disruption to one’s life. While the exact requirements vary depending on jurisdiction, understanding the severity threshold is imperative in evaluating the strength of your emotional distress claim.

When it comes to proving emotional distress in personal injury cases, documentation is key. Keep a record of any mental or emotional symptoms you experience after the incident. It’s also helpful to track any changes in your daily life, relationships, or work performance attributed to your emotional distress. Save any relevant documents, such as medical records or therapy session notes, that support your claims.

Seeking legal advice is always advisable to navigate this complex aspect of your case. Our personal injury lawyers in Portland can help you understand how your particular injury impacts your emotional well-being. If you believe you or a loved one has sustained a personal injury, contact Warren Allen, Attorneys at Law, to schedule your free consultation with one of our personal injury lawyers in Portland.

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!

Tag: Personal Injury Oregon