Personal

Do’s And Don’ts Following A Car Accident

Did you know that what you do in the hours and weeks following the collision can make or break your car accident lawsuit?

Although these post-accident do’s and don’ts from our friends at Cohen & Cohen can’t replace professional advice from a skilled car accident lawyer, they can help you avoid common mistakes car accident victims make that could jeopardize their claim.

DO SEE A DOCTOR

Even a collision at slow speeds can cause a painful injury like whiplash, seatbelt contusions, or a mild concussion. The feeling you attribute to “just being shaken up” could actually indicate a serious injury. A medical exam identifies the extent of your harm.

Plus, your post-accident medical records are valuable evidence linking your injuries to the accident.

DON’T POST ABOUT THE ACCIDENT ON SOCIAL MEDIA

Try to stay off socials as much as you can, actually. There’s a good chance that the other driver’s lawyer or insurance company is checking your Instagram or Facebook for evidence that you aren’t hurt as badly as you claim. Any photos you share or posts you make could be used to discredit you.

DO REPORT THE ACCIDENT

Your insurance policy may have a deadline for reporting any accident, even a minor one. If you fail to notify your carrier about the crash, you risk invalidating the policy.

You must also report the accident to the Oregon DMV if anyone is injured or if there is more than $2,500 worth of property damage. State law requires the accident to be reported within 72 hours, or you could face stiff fines.

DON’T TALK TO THE OTHER DRIVER’S INSURANCE COMPANY

Don’t be surprised if you receive a call from the other driver’s insurance adjuster asking for a statement about the accident. They may sound very serious and official, but you’re not their customer. You don’t have to say anything to them. The call is often to get information from you that makes it seem like you caused the wreck or at least contributed the greater part of the blame.

Instead, you can refer the insurance adjuster to your lawyer.

DON’T NEGLECT YOUR DOCTOR’S ORDERS

Follow the directions your doctor gives you. It will help you have the best possible chance for recovery and demonstrate to the other side that you truly were injured. Your medical records will be part of the information exchanged with the other driver’s lawyer during the discovery phase of your case, so if your records show that you’re skipping appointments or physical therapy, then their lawyer could argue that you’re “faking it.”

DO TALK TO A LAWYER

A personal injury attorney can handle all the conversations with the other party on your behalf, including talking to their lawyer or insurance company. In addition, evidence can disappear fast, so the sooner your car accident lawyer gets started on your case, the better. Your car accident lawyer may use this to justify a higher amount for your non-economic (pain and suffering) damages.

October 30, 2023/by admin

Personal

Hesitation in Pursuing Personal Injury Claims

When individuals face harm due to another’s negligence, it’s crucial to consider taking legal action. However, it’s not uncommon for victims to delay or even forego their right to seek justice, especially when they’re convinced of the other party’s guilt. Our friends at Cohen & Cohen delve into five reasons why victims might waver in pursuing legal recourse below.

1. Injuries Perceived As Minor

The world is fraught with accidents. Imagine if everyone initiated a lawsuit for every minor bump or scrape; our legal framework would be overwhelmed. Yet, it’s vital to differentiate between minor inconveniences and genuine injuries. While the public often associates personal injury claims with extreme cases, like severe car accidents or catastrophic slip-and-falls, the reality is broader. Injuries vary in severity. If an accident leads to medical bills, disrupts your day-to-day activities, or forces time off work, it might be a clear indicator that legal action is warranted. It’s about understanding the broader spectrum of what constitutes an ‘injury.’

2. Over-Reliance on Insurance Companies

Accidents, especially vehicular ones, usually lead to the immediate step of filing an insurance claim. Insurance providers, aiming to protect their bottom line, often come forward with settlement offers. The catch? These offers frequently undervalue the victim’s actual predicament. However, due to lack of knowledge or sheer exhaustion from the incident, victims might accept these lowball offers or hold out hope for a better proposal. Navigating the world of insurance claims necessitates an understanding of the true worth of one’s claim.

3. Doubting the Strength of Their Case

The intricacies of legal claims can be daunting. At times, victims might lack substantial evidence, like photos or witness testimonies. On other occasions, the opposing party, backed by robust legal teams or insurance giants, might vehemently deny liability. They could even argue that the victim shared a portion of the blame. Faced with such complexities, victims may feel overwhelmed and doubt their ability to establish a convincing case. Yet, what seems like an insurmountable challenge might be more navigable with the right legal guidance.

4. Desire to Move Beyond the Incident

There’s no denying the emotional and mental strain of lawsuits. The process not only revives traumatic memories but also adds layers of stress. Victims might find themselves wishing to move on, thinking it easier to bear financial burdens than relive the ordeal in court. They might prefer quiet acceptance over the tumultuous path of litigation. However, while the desire to move forward is understandable, it’s essential to weigh the long-term implications of such decisions.

5. Worries About Legal Expenses

The prospect of mounting legal fees can deter many. The general perception is that hiring a lawyer drains one’s finances. However, the landscape of law is more accommodating than one might think. More often than not, a personal injury lawyer will operate on a contingency fee basis. This means they’re compensated only if they achieve a favorable outcome, whether through a trial verdict or a satisfactory settlement. Before dismissing the idea of legal representation based on potential costs, it’s beneficial to consult with a professional and understand the available options.

While various factors might make victims hesitant to pursue personal injury claims, it’s essential to understand the broader picture. Legal avenues exist to protect victims, and it’s crucial to leverage these mechanisms to ensure justice and appropriate compensation.

August 18, 2023/by admin

Personal

Staying Safe on Portland’s Roads: Preventing Personal Injuries and Accidents

Portland, Oregon has a vibrant community with a growing population. With this growth comes increased traffic on the roads, making it essential for residents and visitors to prioritize their safety. Understanding Portland’s road conditions, the role of traffic laws, safe driving practices, and pedestrian and cyclist safety are crucial aspects of preventing personal injuries and accidents. In this article, we will explore these topics and provide valuable tips to help you stay safe on Portland’s roads so you can prevent a Portland personal injury.

UNDERSTANDING PORTLAND’S ROAD CONDITIONS

Before we dive into specific safety measures, let’s take a moment to understand the unique road conditions in Portland.

Portland, known for its vibrant culture and stunning natural beauty, is also home to a diverse range of road conditions. From the bustling city streets to the winding roads that lead to breathtaking viewpoints, navigating Portland’s roads requires a keen understanding of the challenges that lie ahead.

One of the most common road hazards in Portland is the presence of potholes. These pesky craters can appear seemingly out of nowhere, posing a threat to both the stability of your vehicle and your overall driving experience. It’s important to keep a vigilant eye on the road ahead, especially after heavy rainfall or during the winter months when potholes tend to multiply.

In addition to potholes, construction zones are a frequent occurrence in Portland. As the city continues to grow and develop, road construction projects are a common sight. While these projects aim to improve the infrastructure, they can also create temporary road hazards, such as narrowed lanes, detours, and uneven pavement. Staying alert and following any posted signs or instructions is crucial to safely navigate through these areas.

Portland’s unique geography also contributes to the challenges faced by motorists. The city is known for its hilly terrain, which can make driving on certain roads a thrilling adventure. However, it’s important to exercise caution when driving uphill or downhill, as the steep inclines can impact your vehicle’s handling and braking capabilities to avoid a car accident.

COMMON ROAD HAZARDS IN PORTLAND

Portland’s roadways present various challenges for motorists, such as potholes, construction zones, and uneven pavement. Being aware of these hazards can help you navigate the roads effectively and avoid potential accidents.

Aside from the physical road hazards, it’s also important to consider the impact of weather conditions on road safety. Given Portland’s rainy climate, rainfall can be a significant factor affecting road conditions. The combination of water and oil residue on the road surface can make it slippery, reducing traction and increasing the risk of accidents. It’s crucial to adjust your driving habits accordingly and allow for additional stopping distance.

Furthermore, Portland experiences occasional snow and ice during the winter months, which can further complicate road conditions. Driving on icy roads requires extra caution, as braking distances increase significantly and the risk of skidding or losing control of your vehicle becomes more prevalent. It’s advisable to equip your vehicle with appropriate winter tires and to drive at reduced speeds to ensure your safety and the safety of others on the road.

WEATHER IMPACT ON PORTLAND’S ROADS

Given Portland’s rainy climate, it’s important to consider how weather conditions can affect road safety. Rainfall can make the roads slippery, reducing traction and increasing the risk of accidents. It’s crucial to adjust your driving habits accordingly and allow for additional stopping distance.

When it comes to road conditions, Portland offers a unique blend of challenges that require drivers to be alert and adaptable. By understanding and respecting the road hazards, as well as adjusting your driving habits to accommodate the weather, you can navigate Portland’s roads with confidence and ensure your safety on your journey through this vibrant city.

SAFE DRIVING PRACTICES IN PORTLAND

Implementing safe driving practices is key to preventing accidents on Portland’s roads. Let’s take a closer look at two essential aspects: defensive driving techniques and vehicle maintenance.

DEFENSIVE DRIVING TECHNIQUES

Defensive driving involves anticipating and responding to potential hazards on the road. By staying focused, maintaining a safe following distance, and avoiding distractions, you can significantly reduce the risk of accidents. Remember, defensive driving isn’t just about protecting yourself; it also ensures the safety of others on the road.

One important defensive driving technique is maintaining situational awareness. This means constantly scanning the road ahead, checking your mirrors, and being aware of your surroundings. By being alert to potential dangers, such as pedestrians crossing the street or other drivers making sudden lane changes, you can react quickly and avoid collisions.

Another crucial aspect of defensive driving is understanding and obeying traffic laws. This includes following speed limits, using turn signals, and yielding to other drivers when necessary. By adhering to these rules, you contribute to the overall safety and flow of traffic in Portland.

Additionally, defensive driving involves adapting to different road and weather conditions. Portland experiences a variety of weather patterns, including rain, fog, and snow. It is important to adjust your driving behavior accordingly, such as reducing speed and increasing following distance, to ensure optimal safety in these conditions.

THE IMPORTANCE OF VEHICLE MAINTENANCE

Regular vehicle maintenance is critical for safe driving. Make sure to schedule routine checks of your tires, brakes, lights, and other essential components. By keeping your vehicle in optimal condition, you can minimize the chances of mechanical failures that may lead to accidents.

When it comes to tire maintenance, ensure that they are properly inflated and have sufficient tread depth. This will provide optimal grip on the road and reduce the risk of skidding or hydroplaning. Regularly inspect your brakes for any signs of wear or deterioration, as they are crucial for effective stopping power.

Properly functioning lights are essential for visibility, especially during low-light conditions or inclement weather. Regularly check your headlights, taillights, brake lights, and turn signals to ensure they are all working correctly. This will help other drivers see you and anticipate your actions, reducing the risk of collisions.

Furthermore, maintaining a clean windshield, free from cracks or obstructions, is essential for clear visibility. Replace windshield wipers regularly to ensure they effectively remove rain or debris from the windshield, providing a clear view of the road ahead.

Regular oil changes and fluid checks are also important for the overall health of your vehicle. Adequate levels of oil, coolant, and transmission fluid help prevent engine damage and ensure smooth operation. Neglecting these maintenance tasks can lead to engine overheating or other mechanical issues, increasing the risk of accidents.

In conclusion, by practicing defensive driving techniques and prioritizing vehicle maintenance, you can significantly reduce the risk of accidents on Portland’s roads. Remember to always stay alert, follow traffic laws, and keep your vehicle in optimal condition for a safe and enjoyable driving experience.

PEDESTRIAN AND CYCLIST SAFETY IN PORTLAND

Portland, also known as the City of Roses, is not only famous for its stunning natural beauty and vibrant culture but also for its commitment to promoting walkability and cyclist-friendly infrastructure. As a motorist, it is crucial to be mindful of pedestrians and cyclists who share the roads, ensuring a safe and harmonious coexistence.

When it comes to navigating Portland’s roads as a pedestrian, there are several key considerations to prioritize your safety. First and foremost, always make use of designated crosswalks when crossing the street. These crosswalks are strategically placed throughout the city, providing pedestrians with a safe path to traverse busy intersections. By obeying traffic signals and patiently waiting for the pedestrian light to turn green, you can ensure a smooth and secure journey.

However, crossing at designated crosswalks alone is not enough. It is equally important to make eye contact with drivers before stepping onto the road. This simple action establishes a visual connection between pedestrians and motorists, ensuring that both parties are aware of each other’s presence. Additionally, wearing reflective clothing can significantly increase your visibility, especially during the darker hours of the day. By incorporating reflective elements into your attire, you enhance your chances of being seen by drivers, further reducing the risk of accidents.

Now, let’s shift our focus to the cyclists who contribute to the vibrant cycling culture of Portland. With an extensive network of bike lanes and cycling-friendly infrastructure, it’s no surprise that cycling is a popular means of transportation in the city. To ensure a safe cycling experience, there are a few essential tips to keep in mind.

Firstly, cyclists should always utilize designated bike lanes whenever possible. These lanes provide a dedicated space for cyclists, separating them from motor vehicle traffic and reducing the chances of collisions. By staying within the bike lanes, cyclists can confidently pedal through the city, knowing that they have a designated space to call their own.

Furthermore, signaling intentions is crucial for cyclists. By using hand signals to indicate turns or lane changes, cyclists communicate their next move to motorists, allowing for a smoother flow of traffic and minimizing the risk of unexpected maneuvers. These simple gestures can make a significant difference in ensuring the safety of both cyclists and motorists on the road.

Lastly, but certainly not least, wearing a helmet is of utmost importance for cyclists. Helmets provide a vital layer of protection, reducing the risk of head injuries in the event of an accident. By strapping on a helmet before embarking on your cycling journey, you prioritize your safety and set a positive example for others.

It is not only the responsibility of pedestrians and cyclists to prioritize safety but also that of motorists. When sharing the road with cyclists, motorists should give them enough space when passing, ensuring a safe distance between the vehicle and the cyclist. Moreover, being cautious when opening car doors is essential to avoid collisions with passing cyclists. By practicing these safety measures, motorists contribute to the overall safety and well-being of all road users in Portland.

In conclusion, pedestrian and cyclist safety in Portland is a shared responsibility among all road users. By following the guidelines and tips mentioned above, we can create a harmonious environment where pedestrians, cyclists, and motorists coexist safely. So, whether you choose to explore the city on foot or by bike, remember to prioritize safety, be mindful of your surroundings, and enjoy the beauty that Portland has to offer.

RESPONDING TO ROAD ACCIDENTS

Despite our best efforts, accidents can still occur on Portland’s roads. Knowing how to respond in such situations is crucial.

WHAT TO DO IMMEDIATELY AFTER AN ACCIDENT

If you find yourself involved in an accident, prioritize safety above all else. Move your vehicle out of traffic if possible, check for injuries to yourself and others, and call emergency services if necessary. Exchange contact and insurance information with the other party involved, and gather any relevant evidence, such as photos or witness statements.

SEEKING MEDICAL AND LEGAL HELP POST-ACCIDENT

After an accident, it’s important to seek medical attention, even if you don’t initially feel injured. Some injuries may take time to manifest. Additionally, consider consulting a personal injury attorney to understand your rights and determine if you are eligible for compensation for any damages sustained.

In conclusion, prioritizing safety on Portland’s roads is essential for preventing personal injuries and accidents. By understanding the unique road conditions, adhering to traffic laws, implementing safe driving practices, and respecting pedestrians and cyclists, we can create a safer commuting environment for everyone. Remember, staying safe on the roads is a collective effort that requires vigilance and responsibility from all road users. Stay cautious, stay informed, and arrive at your destination safely.

August 15, 2023/by admin

Personal

4 Reasons Why an Injury Attorney is Essential

UNDERSTANDING THE ROLE OF AN INJURY ATTORNEY

When you suffer from an injury due to someone else’s negligence, it can be overwhelming to navigate the legal processes on your own. This is where an injury attorney comes in. An injury attorney is a legal professional who specializes in personal injury law and represents individuals who have been injured in accidents. They are dedicated to helping you get the compensation you deserve for your injuries and losses.

But what exactly does a Portland injury attorney do? Let’s take a closer look.

WHAT IS AN INJURY ATTORNEY?

An injury attorney is a legal expert who specializes in handling personal injury cases. Different from other types of lawyers, injury attorneys focus solely on cases where individuals have suffered harm due to someone else’s actions or negligence. They have a deep understanding of the legal system and know how to build a strong case on your behalf.

These attorneys have extensive knowledge of personal injury laws and regulations. They stay up to date with any changes in the legal landscape to ensure that they can provide you with the best possible representation.

THE SCOPE OF AN INJURY ATTORNEY’S WORK

An injury attorney’s work encompasses a wide range of responsibilities. They go above and beyond to ensure that your case is handled with utmost care and professionalism. Here are some of the key tasks they undertake:

Investigating your accident: An injury attorney will thoroughly investigate the circumstances surrounding your accident. They will gather evidence, review accident reports, and even visit the scene of the incident if necessary. This detailed investigation is crucial in building a strong case.
Gathering evidence: In order to prove negligence and establish liability, an injury attorney will gather all relevant evidence. This may include photographs, videos, medical records, witness statements, and any other documentation that can support your claim.
Interviewing witnesses: If there were any witnesses to your accident, an injury attorney will interview them to gather their testimonies. Witness statements can provide valuable insights and help strengthen your case.
Consulting with experts: In complex personal injury cases, an injury attorney may consult with various experts to gather additional information or to obtain expert opinions. These experts may include accident reconstruction specialists, medical professionals, or financial analysts, depending on the specifics of your case.
Handling communication with insurance companies: Dealing with insurance companies can be challenging, as they often try to minimize the compensation they have to pay. An injury attorney will handle all communication with insurance companies on your behalf, ensuring that your rights are protected and that you receive the full compensation you are entitled to.
Negotiating settlements: Many personal injury cases are resolved through settlement negotiations. An injury attorney will use their negotiation skills and experience to advocate for your best interests. They will work tirelessly to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and any other damages you have suffered.
Representation in court: If a fair settlement cannot be reached, an injury attorney will not hesitate to take your case to court. They will represent you in front of a judge and jury, presenting your case with confidence and expertise.

Throughout the entire process, an injury attorney will provide you with guidance, support, and peace of mind. They understand the physical, emotional, and financial toll that an injury can take on your life, and they are committed to fighting for your rights.

So, if you find yourself in a situation where you have been injured due to someone else’s negligence, don’t hesitate to seek the help of an experienced injury attorney. They will be your advocate, working tirelessly to ensure that you receive the justice and compensation you deserve.

REASON 1: EXPERT GUIDANCE THROUGH LEGAL PROCESSES

One of the key reasons why hiring an injury attorney is essential is their expertise in guiding you through the complex legal processes. After an accident, there are various procedures and paperwork that need to be followed, and it can be challenging to comprehend everything on your own.

But fear not, because an experienced injury attorney is here to help! They have spent years studying and practicing law, specializing in personal injury cases. Their knowledge and understanding of the legal system make them the perfect ally to have by your side during this challenging time.

NAVIGATING COMPLEX LEGAL JARGON

Legal documents are often filled with complex jargon that can confuse and overwhelm you. An injury attorney can decode these legal terms and explain them to you in plain language, ensuring that you fully understand your rights, responsibilities, and the implications of each step in the legal process.

Imagine trying to decipher a document filled with Latin phrases and convoluted sentences on your own. It would be like trying to navigate through a dense forest without a map. But with an injury attorney, it’s like having a skilled guide who knows every twist and turn of the legal landscape. They will break down the jargon for you, making it easier to understand and empowering you to make informed decisions.

UNDERSTANDING LEGAL PROCEDURES

The legal procedures involved in personal injury cases can be intricate and time-consuming. An injury attorney is well-versed in these procedures and knows exactly how to navigate through them efficiently. They will handle all the necessary paperwork, deadlines, and court filings on your behalf, allowing you to focus on your recovery.

Think about all the time and effort it would take to research and understand the legal procedures on your own. It could be overwhelming and exhausting, especially when you should be focusing on healing and recovering from your injuries. By hiring an injury attorney, you can trust that they will take care of all the procedural aspects, ensuring that everything is done correctly and in a timely manner.

Additionally, an injury attorney will have established relationships with court personnel, judges, and other attorneys. This network can be invaluable when it comes to expediting your case and ensuring that it receives the attention it deserves.

REASON 2: ACCURATE EVALUATION OF INJURY CLAIMS

Another vital reason to hire an injury attorney is their ability to accurately evaluate the worth of your injury claim.

When it comes to determining the worth of your claim, an injury attorney’s expertise plays a crucial role. They have extensive experience in assessing the value of various types of injuries and their impact on your life. It’s not just about looking at medical expenses and lost wages; they delve deeper into the intricacies of your situation.

An injury attorney takes into account factors such as the extent of your pain and suffering, both physical and emotional. They understand that an injury can have long-lasting effects on your overall well-being, and they ensure that these effects are considered when calculating the worth of your claim.

Moreover, they also take future damages into consideration. They understand that some injuries may require ongoing medical treatment or rehabilitation, which can result in additional expenses. By factoring in these potential future costs, an injury attorney ensures that you pursue the maximum compensation you deserve for your injuries.

ENSURING FULL COMPENSATION

Insurance companies often try to settle injury claims for the lowest possible amount. They may downplay the severity of your injuries or attempt to shift blame onto you. This is where having an injury attorney by your side becomes invaluable.

With an injury attorney representing you, you can rest assured that they will fight for your rights. They have the knowledge and experience to navigate the complexities of the legal system and negotiate with the insurance company on your behalf.

An injury attorney will ensure that you receive the full and fair compensation you are entitled to. They will not let the insurance company take advantage of you or undermine the value of your claim. They will protect your interests and advocate for your best interests throughout the process.

By having an injury attorney on your side, you can level the playing field. They have the resources and expertise to build a strong case and present it effectively. With their guidance, you can navigate the legal process with confidence, knowing that you have someone fighting for your rights and working tirelessly to ensure that you receive the compensation you deserve.

REASON 3: SKILLED NEGOTIATION WITH INSURANCE COMPANIES

Dealing with insurance companies can be a daunting task, especially when they prioritize their bottom line over your well-being. An injury attorney is well-versed in handling insurance companies and knows how to skillfully negotiate on your behalf.

When it comes to dealing with insurance adjusters, you need someone who understands the tactics they use to minimize the amount of money the company pays out in claims. Insurance adjusters are trained to exploit your lack of legal knowledge or offer inadequate settlements. This is where an experienced injury attorney comes in.

DEALING WITH INSURANCE ADJUSTERS

An injury attorney has the expertise to effectively communicate with insurance adjusters, protecting your rights and ensuring that you receive a fair settlement. They understand the strategies employed by adjusters to undervalue claims and will not let you fall victim to their tactics.

By leveraging their negotiation skills, injury attorneys can build a strong case and present compelling evidence to support your claim. They know how to challenge the adjuster’s assessments and fight for the compensation you deserve. With an attorney by your side, you can trust that your best interests are being represented.

MAXIMIZING YOUR INSURANCE SETTLEMENT

Another advantage of having an injury attorney is their ability to maximize your insurance settlement. They understand that insurance companies often try to settle for less than what you truly deserve. With their knowledge and experience, they will strive to ensure that you are not taken advantage of.

An injury attorney will meticulously analyze your case, considering all aspects and potential future needs. They will work tirelessly to build a strong claim that covers not only your present expenses but also any potential long-term costs. By presenting a comprehensive case, they increase the likelihood of securing a settlement that adequately compensates you for your injuries.

Furthermore, injury attorneys are skilled negotiators who know how to navigate the complexities of insurance policies and legal regulations. They will advocate for your rights and fight for the highest possible compensation. With their expertise, you can rest assured that your case is in capable hands.

In conclusion, hiring an injury attorney to handle negotiations with insurance companies is crucial. They have the knowledge, experience, and negotiation skills necessary to protect your rights and maximize your insurance settlement. Don’t let the insurance company take advantage of you – enlist the help of a skilled attorney who will fight for the compensation you deserve.

REASON 4: CONTINGENCY FEE BASIS

In addition to their expertise, injury attorneys offer their services on a contingency fee basis, making it accessible to individuals regardless of their financial means.

But what exactly does it mean to work on a contingency fee basis? Let’s dive into the details.

NO UPFRONT COSTS

When you hire an injury attorney, you don’t have to worry about paying any upfront costs. They typically work on a contingency fee basis, which means they only receive payment if they successfully settle or win your case.

This arrangement is a game-changer for many people who may not have the financial resources to hire an attorney otherwise. It levels the playing field and ensures that justice is not only for the wealthy but for everyone.

Imagine being able to pursue a legal claim without the burden of upfront legal expenses. It allows you to focus on your recovery, both physically and emotionally, without the added stress of financial strain.

PAYMENT ONLY AFTER SUCCESSFUL SETTLEMENT

If the injury attorney successfully negotiates a settlement or wins your case in court, they will receive a percentage of the compensation received as their fee. This is where the contingency fee really shines.

By tying their payment to the outcome of your case, the attorney is highly motivated to secure the best possible outcome for you. Their success is directly aligned with yours. This creates a powerful partnership, where both you and your attorney are working towards a common goal.

Not only does this arrangement provide financial relief for you, but it also ensures that your attorney is invested in your case. They will go above and beyond to build a strong argument, gather evidence, and negotiate with the opposing party to maximize your compensation.

With a contingency fee basis, you don’t have to worry about the risk of paying legal fees without obtaining a successful outcome. Your attorney’s payment is contingent upon their ability to deliver results, giving you peace of mind throughout the legal process.

So, if you find yourself in need of an injury attorney, remember the benefits of working on a contingency fee basis. It not only makes legal representation accessible to all but also provides you with the assurance that your attorney is fully committed to fighting for your rights.

CONCLUSION

When you sustain an injury due to someone else’s negligence, hiring an injury attorney is essential. They bring expertise, guidance, and advocacy to your case, ensuring that you receive the compensation you deserve. From navigating complex legal procedures to accurately evaluating your claim, they handle every aspect of your case, allowing you to focus on your recovery. With their skilled negotiation and contingency fee basis, an injury attorney is your best ally in securing a favorable outcome and moving forward with your life.

July 7, 2023/by admin

Article, Oregon, Personal

What you Need to Know about Personal Injury Legal Fees

Is the Settlement Payout Higher with a Personal Injury Lawyer After Legal Fees?

It is understandable that you might be nervous about contacting a personal injury lawyer. You may be wondering things like: “Do I really need legal representation?”, “My insurance company will handle everything for me, right?”, and “Aren’t personal injury lawyers expensive?”

Whether or not you were injured as a result of being in an accident, you should still contact a personal injury lawyer for a free consultation. An experienced personal injury lawyer knows the intricacies of the legal system. As such, he will make sure you are not missing any steps and he can give you sound advice on how to proceed.

Personal Injury and Contingency Fees

Personal injury lawyers are typically retained on a contingency-fee basis. A personal injury lawyer will only get paid if they are successful in getting you a settlement. Hiring a personal injury lawyer can help you get a better settlement offer than you would be able to achieve on your own. Moreover, they will often front the legal costs associated with your claim so that you do not have to pay out of pocket.

There is evidence from several academic research studies that suggests that having a lawyer increases your settlement amount.

According to research done by the Insurance Research Council (IRC) titled “Paying for Car Injuries: A Consumer Panel Survey of Auto Accident Victims”, the insurance payment for accident victims who retained a personal injury lawyer was increased by forty percent compared to those who did not.

The influence of legal representation on insurance settlement payouts was the subject of a second IRC report titled “Auto Injuries: Claims Behavior and Its Impact on Insurance Costs” According to the IRC, eighty-five percent of all bodily injury insurance payouts go to clients who are represented by personal injury lawyers.

Furthermore, in the IRC’s study titled “Auto Injury Insurance Claims: Countrywide Patterns in Treatment, Cost and Compensation”, twelve different private auto insurance companies provided data on more than thirty-five thousand claims for injuries. The study stated that the involvement of a personal injury attorney has an effect on the amount paid by insurance companies for claimants’ medical bills.

The findings of the research studies and reports mentioned above, offer evidence that hiring a personal injury lawyer after an accident is a wise financial decision.

Ryan Hilts is an experienced attorney who handles personal injury, workers’ compensation, and automobile accident cases. Reach out to him at Ryan L. Hilts, Attorney at Law if you have been injured in an accident and wish to schedule a free consultation.

April 4, 2023/by admin

Personal

10 Reasons Why You Should Hire an Injury Attorney

If you have been injured due to someone else’s negligence, you may be entitled to compensation for your medical expenses, lost wages, and other damages. Hiring an injury attorney can greatly improve your chances of obtaining a fair settlement or winning in court. Here are ten reasons why you should consider hiring an injury attorney.

Top 10 Reasons to hire an injury attorney

Expertise in Personal Injury Laws: Injury lawyers have a thorough understanding of personal injury laws and can help you navigate the legal process. They have the knowledge and experience to handle your case and can help you recover the compensation you deserve.
Strong Negotiation Skills: An experienced injury attorney can negotiate with insurance companies to secure a fair settlement. They know the ins and outs of the insurance industry and can help you avoid common pitfalls.
Access to Resources: Injury lawyers have the resources and network to gather evidence, hire experts, and build a strong case. They can help you obtain the necessary documents, witness statements, and other evidence to support your claim.
Representation in Court: If a settlement cannot be reached, an injury attorney can represent you in court and fight for your rights. They will handle all aspects of your case and ensure that your interests are protected.
Maximizing Compensation: An injury attorney can help you obtain the maximum compensation for your injuries, medical expenses, and other damages. They can help you calculate the full extent of your losses and ensure that you receive fair compensation.
Reduction of Stress: The legal process can be complicated and stressful. Hiring an injury attorney can relieve some of that stress and help you focus on recovering. They can handle all of the legal details and keep you updated on the progress of your case.
Understanding of the Insurance Process: An injury attorney is familiar with insurance company tactics and can guide you through the process. They can help you avoid common mistakes and ensure that your rights are protected.
No Upfront Costs: Many injury attorneys work on a contingency basis, meaning they only get paid if you receive compensation. This can help you avoid costly upfront fees and give you the financial stability you need to focus on your recovery.
Protection of Your Rights: An injury attorney will ensure that your rights are protected throughout the legal process. They will represent you with integrity and fight for your rights every step of the way.
Increase Your Chances of Success: An injury attorney can increase your chances of obtaining a fair settlement or winning in court. They have the knowledge and experience to handle your case and can help you achieve the best possible outcome.

In conclusion, hiring an Oregon personal injury attorney can be a smart decision if you have been injured due to someone else’s negligence. They can help you obtain the compensation you deserve, reduce your stress, and ensure that your rights are protected. If you have been injured, contact an injury attorney today to discuss your case and explore your legal options.

February 15, 2023/by admin

Pain and Suffering, Personal, Settlement

Loss of Consortium Claims

Legal matters as they surround personal injury may, on the surface, appear straightforward. A car accident is often assumed to have an “at-fault” driver – although these matters are often much more complex. Car accident injuries can have cascading effects that impact more than those involved in the accident. Family members, for example, can suffer the consequences, as well. When a spouse is unable to return to work, or hospital bills become unmanageable a person maybe suffering without their support or care. Read more about loss of consortium claims in personal injury cases.

What is Loss of Consortium?

The spouse of someone injured or killed in an accident can sue for damages based on loss of consortium. Damages may be claimed under three theories: incurred medical costs or those yet to be incurred by the plaintiff, the loss of an injured spouse’s services, and loss of society (within certain parameters).

Some jurisdictions recognize only spousal consortium (usually considered as sex), others recognize parental consortium (love and affection) and allow children to recover for the death or disability of a parent and vice versa. Since same-sex marriage became available in the United States, courts in that country have extended loss of consortium to these unions.

How Do Loss of Consortium Claims Work?

An injured person’s family members, typically spouses, may be able to recover their own losses in a personal injury or wrongful death case. In general, loss of consortium claims are not awarded unless the injured person dies or suffers a severe, longlasting, or permanent injury.

Usually, these types of losses are considered, or labeled “general” or non-economic damages. Non-economic damages can include:

Pain
Emotional anguish
Humiliation and embarrassment
Reputational damage
Loss of enjoyment of activities
Worsening of prior injuries

Typically, these kinds of losses (and their monetary value) are left to the discretion of the judge or jury. However, since these kinds of damages are also difficult to quantify, it’s best to consult with a Oregon personal injury attorney to verify or review precise monetary value for a loss of consortium claim or possible outcomes for your specific case.

Determining Loss of Consortium

There are many reasons to determine whether a loss of consortium claim may be warranted. Perhaps a spouse is suffering in a hospital after a major car crash. Disability may also be a cause of stress and worry after a catastrophic slip-and-fall event. Regardless of the situation, if your spouse was seriously hurt in an accident due to no fault of their own, your spouse probably isn’t the only one suffering.

As the husband or wife of an injured spouse, you have probably lost numerous spousal benefits, like loss of affection, loss of companionship, loss of spousal services and other types of losses. Having suffered these losses of spousal benefits, you may have the right to pursue financial claims against the party at fault for the accident. It’s important to discuss options with a qualified and experienced injury lawyer.

Proving A Claim

In order to receive financial compensation for losses of spousal benefit due to loss of consortium, including your name in the claim will be important. Since a loss of consortium claim is usually handled in addition to an existing injury suit, it’s important to qualify losses as they apply to the spouse suffering. For example, you will make various demands relating the spousal benefits lost.

The difficult part of any suit is proving loss and suffering. An experience injury lawyer will know how to properly document and file each form of loss. In order to gather evidence, it’s important to understand what to consider as a “loss.”

Unlike other areas of law, there’s no specific test or set of rules used to prove or calculate loss of consortium damages. The court would likely look at these and additional factors that can include:

Whether the marriage is loving and stable
If married couples lived with one another full time
Evidence that your spouse provided you with care and companionship
Proof or medical documentation and expert evidence that offers an estimated life expectancy
Various household services that your spouse performed prior to accident
Various activities that you and your spouse enjoyed together

Ryan Hilts Attorney At Law

If you believe you have a viable loss of consortium claim, it’s important to consult with a personal injury attorney in Oregon. Ryan Hilts provides supportive services for clients who have suffered from accidents, negligence, and more. In addition, our law firm has also represented family members who have suffered as a result of negligence. We can provide a free initial consultation and discuss possible compensation or viability for your loss of consortium claim.

We can help in the following injury cases:

For more information contact us directly at (503) 726-5960.

January 12, 2021/by

Oregon, Pain and Suffering, Personal

Premises Liability Oregon

Thousands of personal injury cases are brought forth every year in the state of Oregon. Many of these personal injury claims are filed due to injuries that took place on another’s property as a result of negligence. They can occur at either a place of business or on a person’s private property. Understanding premises liability Oregon cases can help ensure you get closer to the settlement you deserve. These cases are known as “premises liability cases.” They can include:

Slip and Falls
Inadequate Security
Construction or Contractor Negligence
Animal Bites

Premises liability laws are based on common law and statutory principles of negligence. Under Oregon law, property owners, managers, business operators, and others that are in control of general property have a legal obligation to maintain safe premises. If they don’t and someone is injured due to unsafe conditions, the property owner can be held responsible.

What Is Premises Liability?

Most of the personal injury claims filed in the United States are filed due to the negligence of a particular business or individual. Most of these injuries take place on a piece of property that is owned by a business or individual. For these personal injury cases, there is a concept known as “premises liability”, which refers to the unsafe conditions on someone else’s property and the legal obligations of the owner or manager to keep that property safe. If the owner or manager fails to adhere to these guidelines, and someone is injured, a lawsuit can and should be filed.

In the United States, most personal injury claims are filed due to the negligence of a particular business or individual. Many of these personal injury cases take place on a property that is owned by a business or individual who neglected to make the property as safe as possible.

For these personal injury cases, there is a legal concept known as “premises liability”. Premises liability is, essentially, a legal concept that refers to unsafe conditions on someone else’s property and the responsibility of that individual to keep their premises safe. In the United States, every landowner has an obligation to make sure that property is as safe as it can be. But, if that doesn’t take place, then a premises liability lawsuit can be filed, due to the unsafe conditions found on a property and the injuries that they have to lead to.

A wide variety of different personal injury cases can fall under the premises liability label. Slip-and-fall cases, for example, as well as swimming pool accidents, elevator accidents, and even dog bites. Each type of personal injury, within the cases outlined, is caused by an unsafe condition on someone else’s property that should’ve been dealt with.

Even if you, or someone that you know, was injured on another person’s property, that doesn’t necessarily mean that your premises liability lawsuit will succeed. For a premises liability lawsuit to succeed, it must be shown that the owner knew about the unsafe conditions – or should have known, within reason – and chose to do nothing. But, if that can’t be proven, then the premises lawsuit will, most likely, be unsuccessful.

Seek Representation for Premises Liability Oregon Injuries

A premises liability case greatly depends on proving that the property owner was truly negligent and, in turn, responsible for your injuries. Without this proof, your case will not succeed. By hiring a good lawyer, the process of proving your injuries, the negligence that took place, and who was liable for your injuries is much easier.

For a premises liability case to succeed, it must be shown the property owner was truly negligent and, as a result of that, responsible for your injuries. Without this proof, your case will not succeed and you won’t receive the compensation that you desire. But, if you hire a lawyer, the process of proving this negligence is significantly easier, and it’s far more likely that your case will succeed.

On a general level, there are three things that must be proven in a premises liability case. The first of these three things is that you were injured due to unsafe conditions on someone else’s property; the second of these three things is that the property owner was negligent in keeping their property safe, and the third of these three things is that you were actually injured. If you can’t prove just one of those three things – even if you can prove the others – then your case will not succeed.

Let’s say that you were in a slip-and-fall case—slip-and-fall cases are the most common personal injury cases in Oregon—at the gym. For your case to be successful, you must prove that you were injured. By hiring a lawyer, this is easier, since a lawyer will help you take photos, gather medical records, and even witness testimonies. That way, you can prove to the court that you were injured.

Right after that, your lawyer will then help you organize the facts of your case. With regards to the slip-and-fall example, they will help narrow down the details such as the circumstances of the accident and how the accident took place. That way, you and the court will know that the accident took place due to conditions that were unsafe. By hiring a good lawyer, all of this information will be clearly organized and delineated, making it easier for you to present the facts of your case in an objective manner.

For your premises liability case to truly succeed, it must be shown that the property owner was negligent in their duties to keep the gym safe. A good lawyer will be aware of Oregon’s laws and statutes, allowing for negligence to be proven based on the facts of your case and the laws regarding the situation at hand. Then, all of this information will be organized and delineated in a manner that allows for your case to be presented clearly and concisely.

Since all of your case’s facts are well-organized and can be presented eloquently, it’s far more likely that you will win your premises liability case. But, along with that, a good lawyer will help you negotiate a settlement that is fair, based on the facts of the case and factors such as medical bills and lost time at work. Without a lawyer, though, these facts may not be as clear-cut or well-defined, leading to a settlement that is far less than what you deserve.

What Are Some Common Mistakes That Are Made Without A Lawyer?

The best thing for you to do when beginning a premises liability case is to hire a lawyer. It’s more likely that mistakes are made without the help of an experienced Oregon injury attorney. By making these mistakes, your case has a much lower chance of succeeding, and it’s unlikely you will receive the settlement that you deserve.

For a premises liability case to be successful, the facts of the case must be well-organized and well-defined. If these facts are not well-organized or well-defined, it is so much more difficult for your case to succeed, due to confusion and uncertainty regarding the facts.

Many of the individuals who fail to hire a lawyer find themselves in that exact position. Due to not fully understanding their case, and how it pertains to Oregon’s laws and statutes, their case is disorganized and they fail to receive the settlement that they deserve.

Personal Injury Case Outcomes

In a personal injury case—not just a premises liability case—it isn’t uncommon for an insurance company or business to pay as little money as they can. Without hiring a lawyer, it’s far more likely that this will happen, and it’s also far more likely that you will accept this settlement. But, by hiring a lawyer, you will be able to know the true value of your premises liability case and the exact settlement that you deserve.

The last problem that must be mentioned is the fact that, in a premises liability case, negligence must be proven. If it isn’t proven, then the case won’t succeed. The people who don’t hire a lawyer can easily find themselves in a situation where they can’t prove that negligence took place or that the circumstances leading to the injury were caused by negligence. This is often due to a lack of understanding regarding Oregon’s laws and statutes, as well as the facts of the case being disorganized.

Regardless of your premises liability case, hiring a lawyer is always the best choice. Your premises liability Oregon case has a much higher chance of success with representation from a reputable injury attorney.

July 24, 2020/by

Car Accident, Personal

When to Hire an Attorney After a Car Accident

Car accidents can be overwhelming. Aside from just ensuring yours and others’ safety, it’s important to know what to do after a car accident. In fact, there are a number of things that you should do. For example, calling the local law enforcement to take a record of the accident. Additionally, you should get the other driver’s insurance information, take photos of the accident, and get medical help if you are injured.

Many people wonder when to hire an attorney after a car accident. We’re giving you the information below for general guidelines on seeking personal injury representation. If you’ve been involved in a car accident in Oregon, contact expert personal injury attorney Ryan Hilts by calling (503) 726-5960.

Why Is It often Important To Hire An Attorney Soon After A Car Accident?

When you get in a car accident, it can be beneficial to hire an attorney as soon as possible. By hiring an attorney sooner, rather than later, the attorney has a better opportunity to investigate and understand the details of the liability portion of your case.

Also, in the state of Oregon, the statute of limitations for a car accident litigation case is two-years. If certain deadlines are not met within the two year statute of limitations, cases will be lost. There are also additional deadlines for cases against a public body or an officer, or employee or agent of a public body. A personal injury attorney will know which requirements need to be met for each case.

In addition many people get into car accidents and receive injuries that appear to be minor, only to later discover they do not heal and become permanent. Insurance companies often try to settle cases early before the injured victim realizes the extent of their injuries. Once a settlement occurs there is no way to open the case and receive just compensation.

In Oregon, the statute of limitations for a litigation case is two-years
If two-years have passed since the accident, you can’t take that case to court
By failing to hire an attorney, you run the risk of dealing with damages that were far more severe than you realized, or receiving a low settlement
Hiring an attorney sooner, rather than later, will enable you to understand what you’re dealing with as soon as possible, and to move your case forward

What Will A Good Attorney Help You With?

Knowing when to hire an attorney after a car accident is essential. First, you should know how a personal injury lawyer can assist.

Personal injury cases can be very complex. With a good attorney you’ll be walked through each step of the legal process, allowing you to understand the process and help you work together with the attorney to achieve the settlement that you’re entitled to.

Personal injury cases can be very complex, and they consist of many different factors and variables. If you are unfamiliar with the legal system, and how to navigate within it, then hiring a good attorney will make things significantly easier.

There are a plethora of other situations that you will deal with when moving your case forward. Situations related to determining the damages that took place, receiving the proper settlement, proving fault, etc; a good attorney will walk you through those situations and make the entire process much easier for you. Without hiring an attorney, though, the entire process will be far more complicated.

Personal injury cases are very complex, and they consist of many factors and variables
By hiring a good attorney, you’ll be walked through the intricacies of the legal process and the entire experience will be much easier
A good attorney will help you organize your case and present it to the court
With a good attorney, you’ll know when the insurance company is attempting to give you a poor settlement
A good attorney will help you navigate any legal situations/challenges that come up while your case is in court
Without hiring an attorney, the entire process becomes far more difficult and there’s no guarantee you’ll receive the settlement you desire

How Can You Prepare To Hire An Attorney?

To properly prepare for hiring an attorney, you need to organize every piece of information that pertains to your case. This information includes things like photos of the damages, medical records, pay stubs that prove you lost money, etc. By organizing all of this information, and then finding the right attorney, you’ll make it far easier for you and your attorney to move your personal injury case forward.

The information that you need to organize consists of things like photos of the accident, medical records of the injuries you sustained, pay stubs that show lost time at work, along with any notes regarding what happened during the accident and what you can remember. It also helps to preserve any physical evidence of the accident, such as any dents that are in your car or a broken mirror.

When you have all of that information organized, you can then show it to the attorney that you hire. When to hire an attorney after a car accident, in general, it usually depends on how quickly you can gather the needed information. Alternatively, an experienced car accident lawyer in Oregon can help you prepare with needed materials. This will make it far easier for your attorney to understand your case, and to work with you on taking your case to court and getting you the settlement that you are entitled to.

To prepare for hiring an attorney, it’s very important that you organize every single piece of information related to the car accident
This is information such as photos of the accident, medical records of the injures you sustained, pay stubs that show lost time at work, notes regarding what you can remember of the accident, and even physical evidence
By having this information and organizing it, your attorney will understand all of the details of your case, and what the next best step is

March 17, 2020/by

News, Personal, Uncategorized

Do I Need A Personal Injury Lawyer?

Personal injury cases are especially difficult if you are unfamiliar with the law and unsure of how to move forward with your claim. It is important to address the topic that many are faced with: do I need a personal injury lawyer? Depending on your individual accident or the details of your particular case, it may not be as straight forward an answer. Still, there are some key factors in every accident that are important to address.

Hiring a personal injury lawyer is crucial, especially in the beginning, as they will be able to guide you in piecing together all of the items you will need to move forward. It can be overwhelming, initially, so it’s best to speak with an attorney sooner. Below are some important details.

What are common personal injury cases?

In essence, a personal injury case typically involves an injured party filing a claim against another party for negligent conduct that caused an injury. While the basic concept of each personal injury case is the same – someone was injured, either through negligence or an intent to injure – there are several kinds of personal injury cases that are very common.

Essentially, a personal injury case involves one party attempting to receive compensation for an injury that they received. In some cases, this injury was caused intentionally, while in most cases, it was caused through negligence.

Out of all of the personal injury claims that are filed in the United States, the majority of them are filed due to injuries sustained during car accidents. Car accidents are very common across the United States, and this includes the state of Oregon, of which there were 57,726 car crashes in 2017 alone. When someone files a personal injury claim due to a car accident, it’s generally because there was someone who was failing to obey the rules of the road.

Slip and fall cases are also very common, and they often take place when a property owner fails to ensure that their property is kept safe and free of hazards. One example of a slip and fall case is if someone is at a restaurant and slips on a greasy floor, causing them injuries leg. They could file a personal injury claim against the restaurant’s insurance company because the restaurant failed to keep the property safe for the customers.

A personal injury case typically involves an injured party filing a personal injury claim against another on the grounds of negligent conduct
Generally, wrongful conduct includes negligence, or acting with the intention to cause an injury
Most personal injury claims are the result of car accidents

What Does A Personal Injury Lawyer Do?

A personal injury lawyer provides legal representation to those who have been injured – either through negligence or an intentional act – and are seeking compensation. Personal injury lawyers work with the plaintiff to determine the details of their case, the best way to move forward with the case, and how to get their client the compensation that they deserve.

Personal injury lawyers often work with a variety of different personal injury cases. Medical malpractice cases, car accident cases, slip and fall cases, and wrongful death cases are the most common.

When it’s time for a settlement to be reached, a personal injury lawyer works with their client to ensure that they’re receiving the settlement they deserve, based on the facts of their case. That way, the client isn’t receiving a low-ball settlement that is unbefitting of the injury they’ve sustained. If a settlement can’t be reached, filing a lawsuit against the negligent party is the next step.

Hiring a personal injury lawyer is often the best course of action because a personal injury lawyer understands the law, and how to work within the law to achieve specific results. Without this understanding of the law, it’s much harder to receive an appropriate settlement.

Personal injury lawyers provide legal representation to those who have filed personal injury claims and are seeking compensation
When working on a personal injury case, personal injury lawyers organize their client’s case and present it during the proceedings
Personal injury lawyers help their client receive the settlement that is appropriate for the injury they’ve sustained

What Happens When A Lawyer Is Not Hired?

More often than not, you should hire a personal injury lawyer. If you don’t hire a personal injury lawyer, you’ll have to deal with the complexities and nuances of your personal injury case, and this can be very difficult if you don’t have an in-depth understanding of the law. There are a number of common mistakes that people often make in a personal injury lawsuit, and these mistakes are due to not having an understanding of the law, and not hiring a personal injury lawyer.

One of the most common mistakes is accepting a settlement that is too low. If someone receives a settlement while undergoing treatment, then this is especially problematic as it could lead to that individual receiving fewer resources than they need to continue their treatment, or even not understanding the extent of their injuries and how bad things actually are.

Another mistake that’s often made is the person who filed the personal injury claim failing to organize and present the evidence of their case properly. Most of the time, this occurs when the facts of the case aren’t understood very well, which is often due to not having consulted with a personal injury lawyer.

The plaintiff accepting a low settlement is a very common mistake in situations where a personal injury lawyer isn’t hired
Another common mistake is the plaintiff failing to organize and present the evidence of their case properly
For the best results in a personal injury case, it’s important to hire a personal injury lawyer

Do I need a personal injury lawyer? This is a crucial question to consider and we can assist. For personal injury representation in Oregon, contact leading attorney Ryan Hilts Law Firm. We can help you move forward with your case.

February 25, 2020/by