Portland Car Accident Lawyer

2024 Car Accident Injury Claim Process:

The Statute of Limitations, Why Do You Need to Know It?

The statute of limitations is crucial to your injury case because once it is over, then it is too late to file a lawsuit. But how long do I have to file a lawsuit? Some injury claims have a 6-month limitation period, and some cases have a 2-year limitation. We get calls every day from seriously injured people that either missed or did not understand the limitation deadlines. Always check the statute of limitations with an experienced car accident lawyer, and then calendar it twice. Because of such deadlines, it is best to call a lawyer ASAP after an auto-accident. 

How is a Fault Determined After an Accident?

A decision to assign a fault in a car accident can be influenced by many factors. Nevertheless, the below listed elements can make it easier to determine who is responsible.

• Were Any Traffic Laws Violated. Breaking traffic laws can be an indicator of fault in a car accident. Lawyers will analyze the circumstances that led to the accident and determine which party violated any traffic laws. Some traffic laws are consistent across different jurisdictions, such as running a stop sign or red light, speeding, or driving while under influence. Other are unique to a given state or municipality.
• Were Any Citations Issued. The investigating police officer will document any traffic violations that occurred before the accident, as well as the officer’s opinion on what caused the crash. The insurance company adjuster always will take police reports into account when assessing fault. If the police don’t show up at the crash scene, you can call the nearest police station to request assistance or call 911 if needed. It is important to review the police report for any errors and to discuss with the officer what he or she is reporting.
• Type of Collision. While it’s not always the case, the driver who crashes into the back of another car is usually considered at fault in a rear-end collision (unless the front car stopped unreasonably fast). Most laws require drivers to keep a safe distance between themselves and the car in front of them to avoid sudden stop accidents. However, if the front driver’s brake lights were malfunctioning, leading to no warning of a stop or brake, the front driver could be partially at fault.
• Accident Reconstruction Report. An accident reconstruction expert is a professional who uses scientific and engineering principles to investigate the cause and circumstances of an accident. Their primary goal is to determine the events that led up to the accident, the factors that contributed to it, the degree of fault of each party involved, and the mechanisms of injury. Accident reconstruction experts typically work in the fields of civil and criminal law, insurance, and public safety.
• Physical Evidence. Police investigators, as well as personal injury lawyers, may examine physical evidence, such as tire skid marks, vehicle damage, and debris, to help reconstruct the sequence of events leading up to the accident. These experts may visit the accident site to assess road conditions, traffic patterns, and other environmental factors that may have contributed to the accident.
• Interviewing Witnesses. A car accident attorney may interview witnesses to get a better understanding of what the witness saw and heard leading up to the accident. And how those involved behaved after the accident.

What Should I Do After a Car Accident?

• Remain at The Scene: It is crucial to remain at the scene of a car accident to avoid being labeled a hit-and-run driver or having blame unfairly shifted to you. Leaving the scene can lead to arrest and criminal charges with severe consequences, especially if someone is injured or killed. Never leave the accident site.

• Check Passengers: If you are physically able, check on your passengers and the other individuals involved in the accident. Call 911, particularly if medical assistance is needed. Avoid moving anyone who expresses back or neck pain unless their safety is at immediate risk from an emergency condition like a burning vehicle, as moving someone with a potential spinal injury could cause additional harm.

• Take Photos and Videos: Document the accident by taking photos and videos of the scene, including all people and vehicles involved. Exchange basic information with the other parties, such as names, driver’s license numbers, insurance details, and license plate numbers. However, avoid admitting fault or apologizing, as this could have legal implications.

• Speak to Witnesses: If possible, speak with witnesses and collect their contact information so your lawyer can use their accounts to support your case for compensation.

• Seek Medical Attention: Seek prompt medical attention by going to a hospital or urgent care facility to receive treatment and diagnoses for any injuries. Waiting to see if you recover without immediate medical care can allow insurance defense attorneys to argue that you weren’t “really hurt.” Don’t fall into that trap by trying to “tough it out.”

• Follow your doctor’s instructions on how to recover.

• File Accident Report: You might be required to file an accident report with the DMV within 72 hours of the crash. Contact the police to obtain a copy of the police report, which you will need when filing an insurance claim.

• Speak to Your Insurance Company: Call your insurance company and provide truthful details about the incident, cooperating with them fully. Remember that your statements may be recorded. Before doing so, consider consulting with a personal injury lawyer, especially if you were seriously injured in the accident. Herron Law offers free initial consultations for injured persons.

What Is Considered a Low-Impact Car Accident?

A low-impact car accident typically refers to a collision that occurs at a relatively low speed and results in minimal visible property damage to the vehicles involved. These accidents often happen in situations like parking lots, traffic jams, or at stop signs and traffic lights where vehicles are moving slowly or are stationary.

Characteristics of Low-Impact Accidents:

• Minimal Vehicle Damage: The external damage to the vehicles is usually minor, such as small dents, scratches, or scuffs.

• Low Speed Collision: The vehicles are generally moving at speeds less than 10-15 miles per hour at the time of impact.

• No Airbag Deployment: Due to the low force of the collision, airbags typically do not deploy.

• No Immediate Visible Injuries: Occupants might not exhibit obvious injuries immediately following the accident.

Common Miths:

• Injuries Are Unlikely: One of the biggest misconceptions is that low-impact accidents cannot cause serious injuries. However, even at low speeds, the sudden jolt can lead to soft tissue injuries like whiplash, back strain, or even concussions.
• Medical Attention Isn’t Necessary: People often forego medical evaluation after a minor collision, but symptoms of injuries may not appear until hours or days later.

Legal Considerations:

• Insurance Company Skepticism: Insurance adjusters may downplay claims arising from low-impact accidents, arguing that the low speed couldn’t have caused significant injury. This can make it challenging to receive fair compensation for medical bills, lost wages, and pain and suffering.
• Proving Injuries: Documenting injuries becomes crucial. Medical records, expert testimonies, and detailed accounts of how the injury affects daily life can strengthen a claim.
• Statute of Limitations: There is a limited time to file a personal injury claim after an accident. Even if injuries seem minor, it’s important to consult with a legal professional promptly.

While low-impact car accidents may seem minor at first glance, they can have significant implications for your health and financial well-being.

What the insurance company adjuster will ask you after a car accident

Here is a basic list of questions a liability insurance adjuster will want to ask you when interviewing and recording your statement:

• What day of the week did this accident happen? What time of day or night was it?
• What was the location of the accident (crossroads, intersection, county, etc.)?
• Were there any passengers? (witness names, contact information, children in vehicle, elderly persons, etc.)?
• What was the weather like when the accident happened?
• What were the road conditions like?
• What street or road were you on? What direction were you traveling in? How many lanes of travel were there in each direction? Were there any medians or anything between the lanes of travel or obstructing travel?
• What markings were on the street separating lanes? Is the road straight or are there are curves?
• Which lane were you in? Where were you coming from? Where were you going? How fast were you going? Were you in a hurry? Was the other driver in a hurry? Explain.
• Do you know the posted speed limit on the road you were on? When did you first see the other vehicle?
• Did you have your signal on? If so, which one and for how long? Please describe for me, in your own words, how the accident happened. What did you do to avoid the accident? Did the other driver try to avoid the accident?
• Were police called to the scene? Did the police come to the scene? What police department? Were any citations issued? Was there an ambulance at the scene?
• Did you go to the hospital?
• Do you know if there were any witnesses to the accident? Did you take any pictures or video at the scene?

If you’re unsure of your legal rights, consult a personal injury lawyer, Bart Herron 503-367-0829, for advice.

What Damages Am I Allowed to Collect After a Car Wreck? 

There are several types of damages to which you are entitled after a car accident caused by another at-faul party. Two main categories are economic damages & non-economic damages. Both kinds of compensation should be included in a fair settlement.

Economic Damages:

• Medical expenses (past and future): hospital costs, physical therapy, doctors’ visits, medical tests and procedures, ambulance fees, in-home services, temporary or permanent disability – past, current, and future.

Lost wages (past and future): a car accident can cause you to lose the ability to earn a living. This may include your inability to work due to doctors’ appointments, time spent in the hospital, problems with physically doing your job and more. You are often entitled to lost wages both in the past and future, which need to be calculated precisely, usually by a personal injury attorney.

Carefully observe the people the next time that you are in a poor neighborhood. You will notice that there are more injured or disabled persons in such neighborhoods, than in richer neighborhoods. This is partly because serious injuries can cause a person to become poor. Do not let that happen to you because you were injured by someone else’s fault. Instead, get a good lawyer to help you. This is a serious matter.

Non-Economic Damages:

• Pain and suffering: This is for the mental and emotional distress resulting from your injuries. This is usually calculated with a multiplier by the insurance company, which will multiply your actual economic damages by a factor of anywhere from 1.5 to 4-5 or more, depending upon the circumstances and the skills and experience of your attorney.
• Loss of affection or companionship: Your injuries could affect your ability to show affection or be a companion to your partner. This is also referred to as loss of consortium. These types of losses are claimed by the uninjured partner or children. These types of damages are common when the car accident victim dies, and the surviving partner files a wrongful death lawsuit. They can also happen when a person is seriously hurt.
• There Are Other Damages Personal To Your Case
  Which of these damages you are entitled to depends upon the exact circumstances of the accident, your injuries, and your situation. We strongly recommend that you at least speak to a car accident personal injury attorney at no cost after a serious accident. This is especially true if you have suffered substantial physical injuries.

What Is a Fair Settlement for a Car Accident?

Determining what would be a fair settlement for a car accident involves evaluating various factors unique to each case. A fair settlement should adequately compensate you for all the losses you’ve suffered due to the accident, both economic and non-economic. Important factors that will influence a fair settlement are:

Medical Expenses:

• Current Medical Bills: Includes hospital stays, surgeries, medications, rehabilitation, and any other treatment received immediately after the accident.
• Future Medical Costs: Anticipated expenses for ongoing medical care or future surgeries related to the accident injuries.

Lost Wages and Earning Capacity:

• Lost Income: Compensation for the time you were unable to work due to injuries.
• Reduced Earning Capacity: If injuries impact your ability to perform your job or reduce your capacity to earn in the future.

Property Damage:

• Vehicle Repair or Replacement Costs: Expenses to fix or replace your damaged vehicle.
• Personal Property Loss: Compensation for other personal items damaged in the accident, like electronics or jewelry.

Pain and Suffering:

• Physical Pain: Compensation for the physical discomfort and limitations caused by injuries.
• Emotional Distress: Includes anxiety, depression, and other psychological impacts resulting from the accident.

Loss of Consortium:

• Impact on Relationships: Compensation if the injuries negatively affect your relationship with your spouse or family.

Permanence of Injuries:

• Disability or Disfigurement: Higher compensation if the accident results in long-term disability or visible scars.
• Impact on Quality of Life: Consideration of how injuries limit your daily activities and enjoyment of life.

Degree of Fault:

• Liability: Your compensation may be reduced if you are found partially at fault for the accident.
• Comparative Negligence Laws: These laws vary by state and can affect the settlement amount based on each party’s degree of fault.

Insurance Policy Limits:

• Defendant’s Insurance Coverage: The maximum amount available may be limited to the policy’s coverage limits.
• Your Underinsured Motorist Coverage: If the other party’s insurance is insufficient, your own policy might cover the remaining damages.

Your Personal Injury Lawyer:

• Attorney’s Skill: An experienced lawyer can effectively negotiate and potentially secure a higher settlement.
• Evidence and Documentation: Thorough documentation of all damages strengthens your claim.

There isn’t a one-size-fits-all formula, but settlements often start by adding up all economic damages (medical bills, lost wages, property damage) and then adding an additional amount for non-economic damages (pain and suffering). Insurance companies may use multipliers (typically between 1.5 to 5) on economic damages to estimate non-economic damages, but this varies widely.

A fair settlement for a car accident should comprehensively address all the ways the accident has affected your life. It’s important to consider both immediate and long-term impacts.

What To Consider If I Am Trying To Settle Myself?

Many injuries from car accidents will affect you for the rest of your life. Therefore, before accepting a car accident settlement offer, always ask the insurance company adjuster the following:

1. Why I am offered this settlement amount and what it is based on? 
2. What is included in the settlement offer?
3. How will my future medical bills be paid? 

Ask yourself this question: why have you been paying high car insurance premiums all these years? Is it because you purchased that car insurance to protect yourself and your family in case of an accident? So, make your car insurance company take care of you.

But, when dealing with the insurance company, exercise caution. These days, insurance companies are in business to protect the interests of the insurance company shareholders and pay out as little as possible to you. This is why you need a good attorney.

Read “How to maximize your car wreck insurance company settlement offer” 

How Do I Hire the Best Car Accident Attorney So I Can Protect Myself?

You should not just turn to any general practice attorney to help you. Look for an experienced car crash personal injury attorney who has experience handling your type of car accident injury claim.

But how do you find that type of car accident lawyer? The best answer is that you want a highly experienced jury trial lawyer who the insurance companies are afraid of going to court against. This is because insurance companies tend to settle cases with lawyers that they are afraid of.

A good jury trial lawyer is trust-worthy and likable. Get some referrals for lawyers and compare them carefully. Meet, call, text or Zoom with a prospective attorney to discuss the car accident claim before you decide to hire him or her. If you like the attorney, then jurors probably would too. Insurance companies don’t want you to have a lawyer that jurors would like.

*You should also be prepared to be rejected; good car accident lawyers are often busy, so you may need to have several choices in reserve.

What Important Steps do I Need to Take to Settle an Accident Claim Myself?

7 Steps to Take Right Away After Car Wreck:

If you have not done the following steps, today is a good day to start:

• File the Police or DMV accident report. This should be filed with the DMV within 72 hours of the accident. If the police respond to the scene, they will complete the police report. You should get a copy of this document; if the accident was due to the other driver’s negligence, this will be strong evidence on your side. Make sure the reports are accurate.
• Take Photos & Videos. If you are physically able to do so, you should take photographs with your cell phone of everything related to the accident: damages, injuries, positions of the vehicles involved, etc.
• Record Statements. If possible, record what the other driver or drivers say to you after the crash. It is important to know why the other driver broke the rules.
• Talk to Witnesses. Collect the contact information and statements of all accident witnesses. Don’t count on the police. Memories fade with time, get a statement from the witnesses as soon as you can. Write down everything they tell you.
• Keep Diary. Keep a diary after the crash of all expenses, traveling, the pain and suffering that you experience, your injuries, as well as lost work time and loss of enjoyment of life activities.
• Request all Medical Records & Bills. Organize all medical records, bills, reports, handouts, business card in the separate injury case folder. There will be hundreds of pages of loose documents, but you must keep them all. Keep all empty medication bottles.
• Keep all Correspondence from ANY Insurance Company. Delete nothing. Print each and every email, letter, record, mail from both insurance companies and place them in your injury folder.

What mistakes people make when settling an injury claim with an insurance company

• Settling Insurance Claim Too Quickly and for too little money
• Giving Recorded Statement to the Other Driver’s Insurance Company
• Waiting to be Evaluated by a Physician More than 24 Hours after the Crash
• Your Doctor Does Not Find All of Your Injuries
• Not Properly Documenting Your Damages & Injuries
• Failing to Complete Medical Treatments
• At-Fault Driver Has Limited or No Insurance Coverage
• Not FIRST Reviewing Your Case with a Personal Injury Attorney

What should you know when negotiating a settlement

Properly Value | Future Medical Costs | Future Wage Losses

Oregon Law required accident victims that may have serious future medical costs to be compensated fully. Most injured people are unaware of this fact. If you settle too soon and for too little, you could be saddled with huge medical costs down the road.

There are on-going debates in our government about preexisting conditions on almost on a regular basis. For example, discussion about repealing or replacing the Affordable Care Act. Think of what the law changes might do to you because you will be a person with a preexisting condition from now on. In addition, you could also have injuries that prevent you from working for many months in the future or even causing you to need to retire much too early and therefore lose a lot of money that you would have otherwise earned.

Remember to get your case reviewed by a highly accomplished personal attorney, because you could be under-compensated for your future pain and suffering and earnings losses. *Once you sign the settlement papers, the case cannot be reopened. 

Properly Calibrate ALL Non-Economic Damages

Economic damages in a personal injury case are easy to quantify. They include medical expenses, lost wages, and out of pocket costs after the accident, etc. Oregon Law states that injured people are entitled to recover non-economic damages if economic damages are awarded. In determining the amount of non-economic damages, if any, consider each of the following: pain, mental suffering, emotional distress, or humiliation that you have sustained from the time you were injured until the present and that you probably will sustain in the future as the result of your injuries; Any inconvenience and interference with your normal and usual activities apart from activities in a gainful occupation that you find have been sustained from the time you were injured until the present and that you probably will sustain in the future as the result of your injuries,  etc. *It takes an experienced personal injury attorney to understand what the potential is for your non-economic damages. Often, the non-economic damages are the largest part of the real damages.

Read more about “Types of personal injury cases that can be settled without needing a legal help“