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Tag: Personal Injury Oregon

Tips for Vetting Law Firms in Portland Oregon

Tips for Vetting Law Firms in Portland Oregon

Written by George McCoy on . Posted in General Law.

Finding a lawyer during an already stressful time in your life can feel like an insurmountable task. Typically, people don’t have a relationship with a lawyer already in place when something happens to them that requires legal assistance. Usually, when someone requires legal guidance, it’s due to an unpleasant and stressful situation that has happened unexpectedly, such as a car accident, a bad fall or personal injury, or a family law issue like divorce or a child custody disagreement. No attorney will completely eliminate the stress of the situation, but the right attorney can help allay some of your concerns.

When you need legal advice, it’s best not to just accept the very first law firm you find in a random online search for help. You want to make sure you are finding quality legal representation that will represent you and your needs with care and expertise. If you are looking for law firms in Portland, Oregon, or wherever you may live, the litigation experts at Warren Allen LLP list below how to find a law firm that best suits your specific legal needs.

Make Sure You Find a Law Firm That Specializes in the Area of Law You Require Help With

It’s always important to find a law firm that has extensive experience in litigating within the specialty you need. For example, if you are looking for a divorce lawyer, it is not enough to find a lawyer with a website that says they practice family law. You want to ensure your law firm specializes in family law and has a history of representing clients within this field.

Look for blog posts or social media posts from the law firm. Do they talk about the area of law that you need? Are there signs of innovation in the field where you need representation? If the law firm demonstrates authority in that area of law, this is a great sign that they are current and active in that field of law and can be a potentially good fit for your legal needs.

Ensure You Can Afford the Law Firm’s Fee

When choosing the law firm that best fits your needs, one factor that is very important to consider is the cost of legal representation. It is important to ask up front what the costs of representation will be to ensure it is an affordable option for you before deciding on which law firm will be the best fit for you. While your instinct might be to opt for the best attorney money can buy, it’s not actually realistic. You also don’t want to just blindly choose the cheapest service either. The truth is that you need to look at law firms in Portland, Oregon, that meet both your needs and your budget.

Typically, law firms that specialize will cost more than a generalist firm that tends to deal more in volume of clients rather than focusing on each client in depth. Most law firms charge hourly, ranging in price from $300 to $1,000 per hour.

Ask About the Attorney’s and the Law Firm’s Experience

It’s crucial to ask prospective lawyers how many years they have practiced and, in particular, how many years in the field of law you need before deciding on which law firm is right for you. Training and specialization are important, but years of experience in practicing law means they have been through trials and have lost some, won some, and learned from each experience. Go ahead and ask if they’ve handled cases similar to yours and how those turned out.

Choosing local law firms, like Warren Allen in Portland, Oregon, can also be important to the outcome of your case. They’ll be familiar with how the court systems work in the area and have experience working with different judges and attorneys. They’ll also be up to date on all county and state laws, procedures, and policies, better ensuring you get the highest level of representation.

Check Online Reviews and Get Personal References

If you are unsure where to begin your search for a trusted lawyer in your area, start by asking around. If you know a friend, family member, neighbor, or professional who has been through your situation before, it could be helpful to ask if they have a referral to a lawyer who they trust. If you happen to have an existing relationship with a lawyer in another field of law, consider asking them for a recommendation to a lawyer in your area of need. You can even ask your doctor or other professional if they have a trusted lawyer they would recommend.

You should also read reviews online to see what people are saying about their experiences with various law firms in your area. It’s always a good idea to read reviews and ask around before signing a contract with a new law firm.

Consider Your Attorney’s Availability and Ease of Communication

When you first meet with your new attorney, this is your time to interview them as if you were hiring them for a new position at your company. This is a great time to ask about their availability when you have follow-up questions, as they will most definitely arise, and not all lawyers are available at the same rate. Some law firms have paralegals who can answer your questions more readily than the lawyers, who may frequently be in court and unavailable to field your various questions. It is always a good idea to make sure you can communicate with your lawyer or their staff when needed.

If you are looking for law firms in Portland, Oregon, consider hiring the legal experts at Warren Allen LLP. Our team specializes in personal injury, family law, and more. Reach out today.

Young African American woman holding neck with personal injury after car accident.

How Does the Personal Injury Claim Process Work?

Written by George McCoy on . Posted in Personal Injury.

If you have experienced a personal injury due to an accident, you may be entitled to compensation. Recovering from an injury takes time and can be costly. These hardships can range from monetary loss to physical and emotional pain and suffering. Medical bills, lost wages from missing work, repairs to damaged property—the costs can be overwhelming. However, you may have a right to recouping these losses.

Filing a personal injury claim gives you the opportunity to receive compensation for injuries sustained in an accident. This can be the help you need to recover physically, mentally, and emotionally as well as recover any financial loss. But how does the claim process work? If you live in Oregon and are filing a Portland personal injury claim but are uncertain of how it works, below is a simple breakdown of the process. Understanding how it works can alleviate added stress so you can have peace of mind knowing you are on the road to full recovery.

Seek Medical Treatment

The first step in the claims process is getting necessary medical treatment. If you don’t receive treatment immediately for any injuries sustained, it suggests these injuries were not that serious, and it will be difficult to prove otherwise to an insurance adjuster or jury. It is also the most important step in regard to your own health and recovery. Do not delay treatment because you are worried about how much it will cost or if you can afford it.

Keep careful documentation of treatment received as well as copies of all bills. These records are important to building your case and receiving fair compensation.

Consult With a Personal Injury Attorney

Though it’s possible to file a claim without legal representation, it isn’t advisable for more significant injuries or if you’re receiving opposition from the other party involved. An attorney will fairly represent you and your interests while advocating for the compensation you are entitled to. This is especially true if you have lost more than a couple of days of work or have costly medical bills. Insurance companies often attempt to minimize how much you receive, so an attorney can be a powerful ally in making sure you receive the full compensation you qualify for.

If you’re in the Portland area and looking for an experienced attorney for your Portland personal injury, Warren Allen LLP offers legal advice and representation for those who have been affected by these accidents. Whether you have experienced a car crash or other type of accident that has resulted in an injury, we are here to help you every step of the way. Contact our firm today and learn what your best options are. We’ll work to the best resolution possible and help you receive compensation.

Open Claim and Submit Demand Package

A personal injury attorney will then investigate your claim and gather all details pertaining to the accident, injury, and treatment. This includes all medical records and bills related to the accident. Once you have been interviewed and obtained all necessary documentation, a claim is filed with both parties’ respective insurance companies.

Most personal injury cases settle without filing a lawsuit in court. A demand package is a comprehensive collection of all medical bills and documents detailing the accident, injury, treatment, wage loss, and any other financial damage. This package is prepared during the pre-litigation stage and begins negotiations with the insurance company. At this stage, a favorable settlement may be reached.

If the insurance company agrees to fair financial compensation and you accept, a lawsuit will not have to be filed. However, if the insurance company offers a low settlement in hopes you will want to quickly settle, it may require more arbitration. If they are unwilling to offer a fair settlement, the next step is litigation.

File a Personal Injury Lawsuit

If a settlement is not reached, litigation begins when your attorney files a personal injury lawsuit in court. This step should only take place after you have reached “maximum medical improvement.” Your medical treatment should be completed before submitting a demand package or filing a lawsuit because it helps an attorney determine what your case is worth.

After the complaint (the court action that begins the lawsuit) is filed, both you and the defendant will complete an “interrogatory” (a written document comprised of questions that have been answered to gather information regarding the accident) and a “deposition” (verbal questions).

Trial

As mentioned previously, most personal injury cases don’t make it to trial and can be settled out of court. And a very few instances require mandatory arbitration instead of court. This is usually limited to situations involving medical malpractice.

Once both parties of the claim have as much information regarding the claim as possible, an objective arbitrator reviews the evidence and will suggest a resolution, though, it is non-binding. If mediation and negations cannot result in a settlement, then your attorney will represent you and your interests in court and help you receive the compensation you deserve. If at no point in time you or the other parties involved are able to come to a voluntary agreement and reach a settlement, your case will be decided by a jury verdict and judgment.

Another reason your case may have to go to trial is if the statute of limitations on your claim is about to run out. If this is true with your claim, your attorney will have to file a lawsuit in court so they are able to continue your claim. This will, in turn, maintain your right to seek compensation for your injuries and not lose out on such claims because you missed the deadline by which your claim was to be filed within the proper court.

If you have suffered an injury and are seeking compensation, knowing the process of your personal injury claim and having the right team in your corner can help mitigate uncertainty and undue stress so you can focus on what matters most: recovery.

Woman with neck brace right arm in sling in attorney's office..

What Is a Contingency Fee in a Personal Injury Suit?

Written by George McCoy on . Posted in Personal Injury.

A personal injury lawsuit is the last thing anyone wants to face. It means you or someone you love has been injured or even died. Now you could be navigating a new reality with medical bills and work loss. A personal injury lawsuit could be a way to recover a settlement that will help relieve some pressure and stress. One phrase you might see connected to personal injury cases is “contingency fee.” This is a way of saying that the attorney will be paid based on the outcome of the case.

In this article, we discuss the contingency fee arrangement in-depth to help you understand what it means and how it might affect you. If you’re considering a personal injury lawsuit in Oregon, consider the experienced attorneys at Warren Allen.

What Is a Contingency Fee?

A contingency fee in Oregon is a payment arrangement based on the results of the case. An attorney does not collect payment for work unless the case is successfully resolved in the client’s favor. In a personal injury case, this means that if a client reaches a settlement or wins in court, the attorney gets paid. If the client loses the case and there’s no settlement, the attorney isn’t paid. The contingency fee arrangement is not allowed in cases where ethical issues are present, such as family law, where a contingency fee could be seen as incentivizing work for something where vulnerable people are at risk.

How Does a Contingency Fee Work?

A contingency fee is a written agreement between a client and an attorney. The written agreement should include expectations for the recovery fee and expenses. According to ORS 20.3040, the agreement must be explained to the client by the attorney, written in a reasonable way so the client can understand, and signed by both parties. The client has the right to in writing to void the arrangement within 24 hours of signing. Here are a few things that you should see in your contingency fee agreement:

  • Fee Structure: The agreement should state that it’s a contingency fee agreement and include the rate charged. Fees are often a percentage of the lawsuit settlement awarded to the plaintiff. Most recovery fees are between 30 and 40 percent of the settlement, but this can vary. A larger, more complex case may have a higher fee. Some attorneys may charge a higher fee if the case cannot be settled outside court and needs to go to trial.
  • Costs and Expenses: Every case will have fees and expenses that come up. The agreement should detail what to expect and how the fees will be handled. Below, you will find some of the possible fees in greater detail.
  • Fee Disputes and Termination: A client has every right to end their representation by an attorney, but this may lead to disputes about fees for the work done. Coming to an agreement on this possibility is an important part of the arrangement.

What Additional Fees Might Come Up?

Additional fees or costs are the expenses an attorney incurs while building a case for their client. Some of the additional fees might include court costs, filing fees, deposition and transcription, expert witnesses, travel, medical filing, and other administrative fees to cover necessary paperwork. In a contingency fee arrangement, these costs could be added to the recovery fee charged by your attorney so they can recover what they spend on building the case.

Talk with your attorney about the fees that might come up. An experienced attorney should be able to walk you through the expected fees for building a case like yours.

What Are the Advantages of a Contingency Fee Attorney Contract?

One of the key advantages is no fees up-front. You may have medical bills, loss of income from missed work, insurance deductibles, or other issues to manage. The contingency fee arrangement allows a client who may not have the financial resources to pay for quality legal representation up-front to still have their case prosecuted.

There’s a low risk for the client, but a high risk for the attorney. The attorney will need to weigh whether the strength of the case is sufficient to justify the time and effort necessary to win. If the case lacks merit, an attorney may turn it down. Remember, when an attorney takes on a case, they may need to turn down other work.

Another advantage is that your attorney is motivated to do their best work for you, as they won’t get paid if there is no settlement.

What Should You Expect When Considering a Contingency Fee?

Navigating a personal injury suit can be stressful and confusing. An experienced personal injury attorney should help you understand your case in a way that relieves some of that stress. A high-quality attorney will consider all areas of the case before advising you how to proceed. You may have a lot of questions as you decide on an attorney and whether you want to build a case. Here are a few things to expect from a personal injury attorney when considering a contingency fee arrangement:

  • An attorney will explain your rights. A personal injury attorney should help you understand your rights, give an honest assessment of how they understand the case including if you might have been doing something that might limit your ability to recover a settlement.
  • They will assess and investigate the accident. Your attorney will need a full understanding of the incident and how it happened. This might include hiring an investigator, taking photos of the scene, interviewing witnesses, and other activities to document what happened.
  • Your attorney will advise you on how to move forward. Once a full understanding of the event is gained, an attorney can advise you on how to proceed. This may include helping you understand what could make it more or less likely you will win a settlement.
  • If necessary, your attorney will represent you in court. Most personal injury cases are settled long before a hearing in court is necessary, but if your case requires a hearing, then you will benefit from an experienced attorney who both understands the law and can navigate the hearing process competently.

For experienced personal injury attorneys, contact the professionals at Warren Allen.