Q: What kind of Oregon Injury, Accident, or Medical Cases do you take?

A: I've been a lawyer since 1984. I've handled all kinds of medical cases: including car accidents, medical malpractice, pharmaceutical product liability, slip and fall, victims of crimes, including rape and attempted rape, exposure to toxic mold, child injury at camp, child injury in gymnastics, children falling from windows, birth defects or birth anomalies, brain injury, back injury, spinal injury, broken bones, systemic disease, pulmonary hypertension, anesthesia negligence, hypoxic brain injury, traumatic brain injury. I know the legal process. I love reading medical articles to understand what happened, which helps me present the case and cross-examine the other side's medical doctors.

Q: How can an attorney help me get medical bills paid after a personal injury accident?

A: There are at least four things an attorney can do for you. First, an attorney can sue the person or business that caused the injury. Second, I can help you achieve the maximum benefit from your own car insurance policy under the Personal Injury Protection (PIP) provision. If you fell in a store, an attorney can help you seek the store's no-fault insurance coverage for medical bills. Fourth, sometimes doctors will not require immediate payment if your lawyer sends doctors a letter promising to pay them out of any future settlement.

Q: The other driver caused the car accident and had no insurance. Am I out of luck?

A: No. Oregon's insurance law requires your own insurance company to cover you. This is "uninsured motorist coverage." Your own insurance company "stands in the shoes" of the guy who hit you. This means that you still have to prove that the collision was more his fault than yours. You will need to prove the amount of your loss, which is the total of your economic damages plus your noneconomic damages.

Q: What if the person who hit me only had $25,000 insurance, but my medical bills and other injuries are worth more?

A: Underinsured Motorist Coverage might protect you. If your own car insurance policy has higher policy limits and your damages are more than $25,000, then you can recover from your own insurance policy.

Q: I was in a car accident in Oregon; do I need to report it to DMV?

A: Probably, but it depends on the type of car accident and who you are. I've covered the details of who, what and when in my article entitled, Oregon Law Requires Reporting of Car or Truck Accidents.

http://www.oregonpersonalinjurylawyerblog.com/2010/02/summary-oregon-law-requires-dr.html

Q: I was in a car accident. The insurance company wants to settle. Should I?

A: Only if the insurance adjuster is willing to pay fair value for your claim or loss.

Q: How do I know what my car accident or other claim is worth?

A: Talking to me is the best way. If you want a preview of my thinking, you can read my top ten value factors.

Q. My spouse was injured in a car accident. I've heard about a "loss of consortium" claim. What is that?

A: Generally, it means that if the husband or wife is injured, then the spouse can sue for the impact the injury is having on the spouse. Does the spouse now have to do more work around the house? Can the two of you no longer enjoy intimacy like you used to? Can you no longer even enjoy long drives to the Oregon Coast because the husband can't sit in the car that long without his back hurting? So, a spouse can recover for his or her own loss of "services, society, and companionship" caused by the injury to the other spouse

Q. My child was injured in the car wreck, too. Do I have a loss of consortium claim because I can't enjoy my child like I used to?

A: No. Oregon does not recognize a claim for loss of consortium for personal injuries to children. That claim is just for the loss a spouse experiences when the other spouse is injured.

Q: My child was injured, what are my and my son's / daughter's rights to sue?

A: Parents you may sue for the costs to parents of the child's medical bills. Also, a lawsuit can be filed on behalf of the child for his or her own injury. But beware of the time deadlines.

Q: Who Can file a Lawsuit in Oregon for Wrongful Death, and Who Gets the Money?

A: In Oregon, the court appoints a Personal Representative to handle a wrongful death lawsuit. Oregon law specifies that the beneficiaries may be surviving spouse, children, parents, stepparents, stepchildren and anyone else who would inherit if the person had died without a will. If the "beneficiaries" cannot agree on how to split the funds, then the court will decide it.

Q: What Happens to a Lawsuit in Oregon if the Person Suing (Plaintiff) Dies?

A: After the plaintiff dies, Oregon law allows the lawsuit to continue. The personal representative of the estate takes charge of the lawsuit. If the deceased person had not yet filed a lawsuit, then the estate may file the claim, even after death, if it is filed on time.

Q: What Happens to a Lawsuit in Oregon if the Person We Sued (Defendant) Dies?

A: The case against a dead person continues. If no probate case is opened within 60 days of death, then the injured person can ask the court to open a probate and appoint an administrator to oversee the defense. If the wrongdoer dies before the lawsuit, the injured person may still file a lawsuit against the estate, if the statute of limitations has not expired. Remember, typically, we are seeking the payment of insurance benefits. Consequently, suing the estate is not a mean or heartless thing to do.

Q: I suffered a personal injury in a car-truck accident while on the job in Oregon. The workers' compensation insurer is forcing me to decide whether I want to sue. Should I?

A: If you received a personal injury, then you probably should hire a lawyer and file the lawsuit yourself. Don't let the workers' compensation carrier sue in your name. I explain why in my article entitled, Oregon Workers' Right to Sue Despite Workers' Compensation.

http://www.oregonpersonalinjurylawyerblog.com/2010/01/in-oregon-if-the-employer.html

Q: What is PIP or Personal Injury Protection?

A: Oregon law requires every motor vehicle insurance policy to have personal injury protection. PIP is no-fault insurance coverage to pay for losses to drivers and passengers up to the policy limit (typically, $15,000). It covers (a) reasonable and necessary medical bills, (b) lost earnings beginning on the 14th day of your inability to work because of the car accident, (c) essential services that you would normally do yourself, and (d) funeral expenses.

Q. I slipped and fell in a grocery store in Tualatin, Oregon. Can I force the store to pay my medical bills?

A: Yes and No. First, most stores have "med pay" insurance coverage. That provides no-fault coverage for medical bills. However, if the store does not let you make a claim, you might not be able to benefit from the policy. Second, if the store is legally at fault because the premises were unsafe, then you can sue for all of your damages, not only medical bills.

Q: Who is the Best Attorney in Oregon for Personal Injury, Car Accident, & Medical Negligence Cases?

A: The best attorney for you might differ from the best attorney for someone else. You need to talk with attorneys until you find one with whom you are comfortable. After all, the attorney / client relationship is a relationship. Each side of that relationship better like and respect the other. Ask the attorneys about their experience and the process ahead. Get a feel for whether you trust this person to handle your very important matter. Do you think this attorney will get to know you well enough to present your life to 12 strangers in court? Will he work his tail off for you, or are you just another "file?"