Motor Vehicle Personal Injury FAQ

How can I pay for an attorney?
I handle all personal injury cases on a contingency fee basis. That means that you do not owe me any legal fee unless I recover money for you. Once I have successfully completed your case, I will take a percentage of the fee recovered.

I have been injured in an automobile collision, who will pay my medical bills?
There are many different insurance coverage issues that are involved in automobile collisions. If you or any family members in your household have an auto insurance policy, more likely then not, you will be covered under Personal Injury Protection benefits. Another source for coverage is your own health insurance.

I have not been able to work for a couple of weeks due to my injuries; can I recover some of my lost income?
When your case is resolved you are entitled to recover for all of your lost wages that can be documented. If your injury is a result of an automobile collision, then your own auto insurance company will reimburse you for a portion of your lost wages if you have missed at least 14 consecutive days of work. If you do not have auto insurance, but someone in your household does, then their auto insurance policy may be responsible for your lost wages.

Can I recover even when the liable party had no insurance?
Yes, you can recover if you have uninsured/under-insured motorist coverage. I encourage all of my clients to get at least $100,000 in uninsured/under-insured motorist coverage. If you are not sure of your policy you should contact your agent immediately.

How long does it take to resolve an auto collision case?
In Oregon, there is a two year statute of limitations to file a lawsuit. If the liable party is a governmental entity, then the injured party must file a tort claims notice within six months. Resolving a case properly, depends upon the injuries suffered and the treatment course required. Once a case gets filed, it can take over a year for a trial date. That means it could take three years before a case is resolved. Most cases resolve within 18 months, depending on the injuries. Smaller claims can be resolved within a few days of acquiring all of the medical records. Remember, it is in the client's best interest to wait until they are medically stationary before resolving a claim.

What if I don't want to go to trial?
When the time is right, I meet with all of my clients to discuss the possibility of filing a lawsuit. Unless we are up against the statute of limitations, I never file without the consent of my clients.

Keep in mind that your leverage against an insurance company is your right to take your case to a jury. Sometimes it is necessary to exercise that leverage in order to get the insurance companies to take your claim seriously.

Why do I need an attorney who is just going to take a percentage of my case?
When you deal directly with an insurance company or any defendant, you are dealing with an adversary. The party on the other end of the telephone is trained at minimizing your claim. Right away they will ask you to sign a medical release and give a taped statement just in case you get an attorney later. They will sound sympathetic to your plight, but in the end, they will do what they can to settle your case as quickly and cheaply as possible. By representing yourself, you are giving up your only leverage, your right to sue. Why would an insurance company fear being sued if you do not even have an attorney? They will not take your claim seriously unless you are represented.

Being a victim is hard enough. Most people that are injured prefer to focus on recovery and not on insurance claims. Why not give your headache to a professional who understands how to deal with the quagmire of litigation.

How soon after I have been injured should I contact an attorney?
You should hire an attorney as soon as possible. An attorney can help with any investigation.

Do photographs need to be taken? The insurance company might send over an adjuster to take pictures that do not show the full extent of the damage to a vehicle. Are there witnesses to get statements from?

Once you have an attorney, the insurance companies can no longer contact you. I can help get your medical bills paid. I also help clients get through the property loss portion of a case.

I was just in a motor vehicle collision, what am I required to do legally?
In Oregon you must stay at the scene of the collision and exchange names, addresses and insurance information with the other party involved. If there is a severe injury, then you are required to provide reasonable aid to the injured persons until police and or emergency services arrive. You are required to file an accident report within 72 hours with the Department of Motor Vehicles even if the police made a report. If you are the victim of a hit-and-run or a party involved is uninsured, then you must file a police report within 72 hours.  Click on Oregon DMV for your responsibilities after a motor vehicle collision.  Click to download the Oregon DMV Accident Report Form.