Recovering from an auto collision is daunting, even if your injuries are not life-threatening. The last thing you should have to worry about is dealing with insurance companies or whether your medical bills will be covered. After gathering information about you, your insurance, the collision, the other party, and their insurance, and obtaining the police and medical records regarding your claim, I work with the insurance adjusters, attorneys, medical personnel, and others so you can focus on healing. I will keep you in the loop and always return phone calls and emails.
I handle car crash cases more than any other type of case. In the U.S. alone, motor vehicle-related injuries are the leading cause of death for people ages 34 and under. Nearly 5 million people suffer injuries that require an emergency department visit. The economic impact is also notable: According to the CDC, the lifetime costs of crash-related deaths and injuries among drivers and passengers were $70 billion just in 2005.
Traffic incidents might be common, but each case involves people with different injuries, needs and circumstances. I will work with you personally to provide the individualized legal services you require. From minor, soft-tissue injury cases to those involving catastrophic injuries and fatalities, I am experienced and prepared to ensure you obtain the maximum compensation for your loss.
As you might imagine, most of my auto accident cases involve auto insurance. Oregon drivers are required to carry both Personal Injury Protection (“PIP”) and liability insurance coverage. Even when a driver fails to carry the required insurance, often you or another responsible party has insurance that will likely include Uninsured Motorist coverage to compensate you.
Liability insurance covers you if you are at fault in an crash. PIP coverage is no-fault coverage that pays for your medical expenses regardless of whether you’re at fault. The minimum coverage amount required in Oregon for PIP coverage is $15,000, which will last up to that amount or for two years, whichever occurs first. Of course, you can elect to have additional PIP coverage if you pay a higher insurance premium. PIP also covers up to 70% of your monthly lost wages if you miss at least 14 or more days of work. If you are deemed to not be at fault in a collision, then the liable party’s insurance will reimburse your insurance company for any PIP benefits they provided on your behalf. The purpose of PIP is to ensure individuals who are injured do not have to wait for a determination of fault before they can obtain medical treatment.
Auto collisions often cause devastating injuries. In my former work as a Deputy District Attorney for Multnomah County, I prosecuted vehicular homicide cases. I was often required to wake up at odd hours of the morning after a fatal collision and go to the scene to advise the police about legal procedure and search warrants. I also attended many autopsies, some of which were for victims killed in vehicle collisions. These cases often are the most traumatic for the surviving family members. In my career, I have worked directly with thousands of victims and their families. I understand that a money award from the court or sending someone to prison will not make everything okay. Nonetheless, both can go a long way to balance the scales. Our court system is not perfect. It is confusing, slow, overburdened and expensive. My job is to make your experience with the court system as simple and painless as possible while still attaining the maximum compensation for your injury. In furtherance of that goal, I front all costs for your case, including court filing fees, investigation fees, expert witness fees, medical records costs and anything else that might come up. You will not have to pay for these costs until the case is resolved.
Thankfully, most auto collision injuries are not life-threatening. Collisions often lead to obvious injuries like broken bones, lacerations, abrasions and bruises, but they also might cause less visible injuries such as whiplash, sprains, strained muscles and other “soft-tissue” injuries. Speeds as low as 15 miles per hour are capable of producing enough energy to cause whiplash, regardless of whether you’re wearing your seat belt.
It is important to treat all injuries with the care they demand, both from a medical and legal standpoint. Medically, it is important to see your doctor, because what might seem like a bump on the head or some back stiffness could actually be a life-threatening subdural hematoma or a herniated disk. Legally, it is important to see your doctor and follow all recommendations, because it serves as evidence that tends to corroborate your case. If you follow through with all of your doctor’s orders and attend all appointments, the doctor will likely make a good witness if and when we present your case to a jury at trial. If you fail to see your doctor or follow their advice, the jury will likely award less money.
Common automobile accident injuries
- Broken bones
- Lacerations
- Abrasions
- Whiplash
- Herniated/ruptured disk
- Spinal injury
- Contusion
- Hematoma
- Traumatic brain injury /concussion
- Traumatic brain injury
- Muscle strain
- Pneumothorax (collapsed lung)
- Eye injuries
Auto Collision FAQ Questions
Injuries from auto collisions are the majority of cases I pursue. Motor vehicle incidents are, unfortunately, common occurrences. Of course, each one is different, from the fender-bender with minimal injuries to more serious collisions involving multiple vehicles, a semi-truck or a drunk driver. Below are some commonly asked questions regarding vehicle collisions.
The statute of limitations, meaning the time you have to file a lawsuit, for most auto collision cases is two years from the date of your injury/the incident.
You are entitled to the following:
- Compensation for your past, current and future medical expenses caused from the collision
- Repair or replacement of your vehicle or any other property that was damaged
- Medical treatment, regardless of whether you have insurance
- Wage loss, including time spent attending medical appointments or therapy
- Any change in your future earning capacity due to your injury
- Reimbursement of out-of-pocket expenses incurred
- Rental reimbursement
Uninsured Motorist coverage under your personal auto insurance should “step in” and act as the at-fault party in this type of situation. Plus, your Personal Injury Protection coverage with your own auto insurance should still cover your medical treatment while you heal.
PIP stands for “Personal Injury Protection.” Oregon law requires all drivers to carry auto insurance with at least $15,000 in PIP coverage. PIP is no-fault insurance, meaning if you cause a collision or not, your own PIP will cover you. PIP pays for medical treatment up to $15,000 or one year following the incident, whichever happens first. Of course, you can contact your insurance company and ask to increase your PIP coverage beyond the $15,000 minimum. Plus, PIP covers up to 70% of your wage loss up to $3,000 per month if you miss work for 14 consecutive days. If you did not cause the collision, the insurer of the at-fault party will pay your insurer back.
It is essential to follow recommendations from your doctor, whether it be for medications, exercises and treatment. If you have a primary doctor, he or she may also refer you to a specialty doctor as needed. If you have used all of your PIP benefits and you do not have health insurance, I will contact your medical providers to see if they will wait to be paid until you receive money from your settlement.
If the collision causes severe injuries to you or a loved one, don’t wait to call an attorney. Time is of the essence in these cases, particularly for individuals unable to care for themselves. Below are some tips for handling an auto collision right after it happens:
- Obtain prompt medical attention for anyone who is injured. If you require emergency care, call an ambulance to be transported to a hospital. Otherwise, visit an urgent care facility or arrange to see your primary care doctor as soon as possible. Often injuries in vehicle incidents are not seen or felt immediately, particularly when your body has been traumatized, so be sure you are examined by a doctor without delay.
- Call the police and file an auto accident report. This will create a record of the facts and help determine who was at fault.
- Gather information at the scene. If you are able, take photos of the damage to the vehicles and obtain the names, address and phone numbers of any witnesses, police officers and insurance company representatives. Write down anything you can remember about how the collision occurred.
- Exchange insurance information with all other drivers. Any driver involved in a motor vehicle incident is required by law to do so. You must also file an accident report with the Department of Motor Vehicles if the damage to any vehicle involved exceeds $1,500 or any vehicle is towed from the scene; injury or death occurred from the incident; or damages to any property that is not a vehicle exceed $1,500. Filing a police report does not satisfy the requirement of filing a DMV accident report. You must do that yourself.
- Do not give statements to the insurance adjusters without first contacting an attorney. Information you give the insurance company can damage your case.
To collect damages for an injury claim in Oregon, you must prove that the person or entity who caused your injury was negligent, which means the responsible party failed to use “reasonable care.” For negligence in Oregon you must prove:
- A duty owed to you by the person who caused the injury existed;
- The person failed to carry out that duty;
- You suffered damages; and
- The person’s failure to use reasonable care caused you to have the injury.
If you were careless and your carelessness contributed to your injury, whether you may still recover damages depends on your percentage of fault under Oregon comparative negligence law. Oregon follows a modified comparative negligence fault rule, providing that if you were 51% or more at fault, you cannot recover any damages. If you were 50% or less at fault, you may recover damages, though the recovery will be reduced by your degree of fault.
If more than one person was negligent in your case, each person is responsible for a proportional amount of the total damages.
You are still entitled to some coverage from your own auto insurance company. Each Oregon driver is required to carry insurance with a minimum of $15,000 in Personal Injury Protection coverage.
Do not sign anything until you talk to a qualified personal injury attorney. Insurance companies usually approach an unsuspecting victim with a lowball offer to settle the claim. If you already signed a release and took the insurance money, that closes the claim and you cannot go back for more money later.
In some cases, yes, but hiring an attorney means you have the benefit of making sure you’re getting the maximum compensation versus handling a claim on your own. Once an attorney is hired, insurance companies recognize they cannot approach you with a lowball offer. Other times, the insurance adjusters dig in their heels and refuse to bargain on equitable terms. Additionally, hiring an attorney means you can focus on healing while not having to worry about handling your claim. I always advise my clients to make sure they are medically stationary before considering an offer from the insurance company. Once you accept the offer and sign a release, your claim is closed and you cannot file a lawsuit. If you later find out you need surgery or other expensive treatment, you will have to pay for it on your own.
Most personal injury cases settle before trial. Insurance companies know that if you don’t have an attorney, you are unlikely to file a lawsuit. They also know people are willing to take less money right away rather than fight for what the case is worth for the next year or two. While most cases do settle, I typically advise most clients to file a lawsuit in pursuit of a trial. Insurance companies usually offer my clients enough money for them to see that if they go to trial there is a chance they could do worse, so they settle. Only by going to trial are you truly going to get what your case is worth, but trials can be risky. The key is maximizing your compensation while minimizing risk. I always force insurance adjusters to tell me their top settlement offer, so my clients can make a real decision.
Navigating the court system is a long, complicated process. However, it is key to focus on healing before demanding compensation from the liable party or filing a lawsuit. For many injuries, you will return to your pre-injury status. For others, though, you might have a permanent impairment or long-lasting injury. Unless there is an unusual circumstance or reason to file a lawsuit right away, it is important to wait while you recover in case your injuries worsen or a symptom reappears later. By regularly seeing your doctor and following all recommendations, you should be able to determine when you’re medically stationary to avoid this problem and proceed confidently with the case.
Act quickly. If you’re injured in a vehicle collision, contact a reputable auto collision attorney without delay. Why? Because a skilled accident lawyer will:
- Conduct an investigation to locate witnesses and preserve important evidence before it is lost or altered;
- Help you navigate obtaining the necessary medical treatment;
- Communicate with the insurance companies for you;
- Locate all potential sources of compensation for your losses; and
- Protect your legal rights against filing deadlines.
Remember, you should not rely on an insurance company–even your own–to protect your interests. Every insurance company has adjusters, investigators and attorneys assigned to auto claims. Their primary goal is to limit the amount they pay. Insurance companies are not the friends of injured auto collision claimants. Don’t make their job easier by providing information they can use or manipulate to deny your claim.