Oregon families devastated by a severe personal injury (or wrongful death) confront many urgent issues. First, they need to get the best medical care possible. Second, they try to show a brave face and carry on, shouldering an increased burden. On top of that, there’s the question of your legal rights. What should you do to protect, evaluate, and pursue your legal rights to monetary compensation?

Here’s what you need to do:

1. Do preserve the physical evidence. Take pictures of the injured person and the injury scene and anything that might help explain what happened. Put the clothes he or she was wearing in a plastic bag and preserve any other pieces of evidence the same way. Photos, photos, photos. They cost you nothing to take but can be very useful to tell the story later.
2. Do preserve the testimonial evidence. Get the names, addresses, E-mail and phone numbers of witnesses, and give them to your attorney.
3. Do keep track of how the injury affects the injured person and your entire family. Take notes in anticipation of the day, perhaps years form now, when you are in court. Otherwise, you will not remember precisely the ups and downs of the recovery process.
4. Do hire a lawyer fast.

• The person or business responsible for the injury has reported it to their own insurance company. The insurance company has probably hired a lawyer, investigator, or adjuster to gather facts to use against you. Even your own insurance company, if it is paying benefits, might be looking for a way to limit what it pays you. You need counsel and protection to deal with them. Remember, they do this all day, every day. You do it once or twice in a lifetime. Even the most brilliant people get tripped up.
• There are time limits on when injured people must act; otherwise, the claim is lost forever. For some claims, Oregon law requires that you provide notice within 180 days. So do not be lulled into thinking that you have one year or two years or more to sue.

5. Don’t talk to insurance adjusters without first consulting with your own lawyer.
6. Do be careful what you tell adjusters or others. “Anything you say can and will be used against you” applies to civil lawsuits too, not just criminal prosecutions. Insurance adjusters may document things that are helpful and not write down parts of conversations that would hurt their defense.
7. Don’t believe the phrase “Independent Medical Examination.” Insurance companies hire doctors to help them deny claims. They use the same doctors over and over again. The so-called doctors, often, earn more than 75% of their income from the insurance companies. The “doctors” write reports for the purpose of cutting off benefits. They are not neutral. Even though YOU are honestly hurt, the “doctors” will not see it that way. They won’t. You need a lawyer to protect you to the maximum extent allowed by Oregon Law. Multnomah County judges, for example, have provided some guidance on the topic, and you need a lawyer who practices in that court to help you if your claim arises in Multnomah County.
8. Don’t get discouraged. You’re dealing with a lot. I’ve talked to people who were so overwhelmed that they waited years to finally get around to looking into their legal rights. By then, it was too late. Don’t let the wrongdoers and their insurance companies get away with it. People pay insurance premiums for the purpose of covering your losses. Use it.
9. Do call me. I help people just like you. Let me take the burden off you and work for justice in your situation. The call is free: 503-665-4234.