What You Need to Know if You Were in Drunk Driving (DUII) Crash in Oregon

Car crashes can be a nightmare. They can be even worse if you were a drunk or intoxicated (DUII) driver hits you. You not only have to deal with your injuries, auto repairs, and insurance issues, but you also have to deal with the law enforcement investigation and prosecution.

Below are things EVERY PERSON involved in a crash caused by a drunk or intoxicated (DUII) driver must know:

Several legal remedies are available to the injured party in a DUII crash. These remedies can be pursued through civil litigation and may include compensatory and punitive damages. Here are the primary remedies available:

1. Compensatory Damages

Compensatory damages are intended to make the injured person "whole" by covering both economic and non-economic losses. They include:

• Medical Expenses: Compensation for current and future medical bills, rehabilitation costs, and other healthcare-related expenses resulting from the accident.

• Lost Wages: Reimbursement for lost income due to time off work, as well as future earning potential if the injury results in long-term disability.

• Property Damage: Coverage for repairs or replacement of the damaged vehicle and any other property damaged in the accident.

• Pain, Suffering, Embarrassment, Frustration, Inconvenience, Annoyance, etc. : Compensation for physical pain and emotional distress experienced as a result of the accident.

• Loss of Consortium: Damages awarded to the spouse of the injured party for the loss of companionship, affection, and support.

2. Punitive Damages

In cases where the drunk driver's behavior was particularly egregious, such as driving under the influence of alcohol or drugs (DUII), punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future. Oregon law allows for punitive damages if it is proven that the driver acted with "reckless indifference to the safety of others" or engaged in intentional misconduct. In other words, Oregon law permits people injured by drunk drivers to give teh drunk driver a “legal spanking.”

3. Wrongful Death Damages

If the drunk driving or driving under the influence (DUII) crash results in the death of another, the surviving family members may file a wrongful death lawsuit. Damages in a wrongful death claim may include:

• Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial.

• Loss of Financial Support: Compensation for the loss of the deceased’s income and financial contributions to the family.

• Loss of Companionship: Compensation for the emotional and relational loss suffered by surviving family members.

• Emotional Distress: Compensation for the mental anguish, distress, and grief experienced by the surviving family members.

4. Additional Remedies

• Insurance Claims: Victims can file a claim with the drunk driver's insurance company to recover damages. If the driver's insurance coverage is insufficient, the victim’s own uninsured/underinsured motorist coverage may provide additional compensation.

• Restitution: In some criminal cases, courts may order the drunk driver to pay restitution to the victim as part of the sentencing process. This is separate from civil damages and aims to compensate for out-of-pocket expenses. There can also be a “compensatory fine” ordered in some limited circumstances.

• Dram Shop Claims: The injured person or the Estate of a person killed by a DUII driver can also sue a bar, home-owner, or renter if they overserved alcohol to the Drunk Driver. These are called “Dram Shop Cases.” There are some very short timelines involved in Dram Shop cases, and they can be difficult to prove, so please speak with a lawyer if you believe you have a dram shop case.

Filing a Lawsuit

To get any compensation from being involved in a crash caused by a DUII driver, the injured party must file a civil lawsuit against the drunk driver. The process typically involves:

1. Filing a Complaint: Initiating the lawsuit by filing a legal complaint outlining the facts of the case and the damages sought.

2. Discovery: Both parties exchange information and evidence related to the accident and injuries.

3. Settlement Negotiations: Many cases are settled out of court through negotiations between the plaintiff and defendant (or their insurance companies).

4. Trial: If a settlement is not reached, the case proceeds to trial, where a judge or jury determines liability and awards damages.

Statute of Limitations

In Oregon, the statute of limitations for personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. For wrongful death claims, the statute of limitations is typically three years from the date of death. If there is a Dram Shop claim involved a formal notice to the person, business, and/or company that you believe over-served you must be served within 180 days of the crash. There may be other time limitations invovlved, so please consult with a DUII Injury Lawyer such as Jeremiah Ross.

Legal Assistance

It is advisable for victims to consult with an experienced personal injury attorney to navigate the legal process, ensure all deadlines are met, and maximize the potential recovery. Ross Law has represented numerous individuals that have been injured by DUII driver’s in Oregon and has achieved incredible results for them. Please call DUII Injury Lawyer Jeremiah Ross at 503.224.1658 if you have any questions regarding your rights and remedies if you were injured by a DUII Driver in Oregon.

Please remember this post is not to be relied upon as a substitute for legal advice. Remember the law is always changing, so please consult with an Oregon Personal Injury lawyer such as Jeremiah Ross and Ross Law LLC rather than relying on this post.

What Do You Do if Your Oregon Auto Insurer Improperly Denies or Delays Your Claim?

In the realm of insurance, the relationship between policyholders and insurance companies is founded on trust. Policyholders expect their insurers to act in good faith, promptly handling claims and providing the coverage promised in their policies. However, what happens when this trust is violated? In Oregon insurance bad faith can leave individuals grappling with denied claims, delayed payments, and unfair treatment.

One area where this often comes to the forefront is when an insurer unlawfully denies or cuts off personal injury protection (PIP) benefits. This usually occurs when there is a “file review” or an “insurance medical exam” by a medical provider that is hired by the insurer and concludes future medical treatment is not necessary or related to the crash. Bad faith conduct also arises when the insurer does not process bills in time or the insurer makes your medical providers jump through unnecessary hoops. This may result in teh providers passing the bills on to you.

What is Insurance Bad Faith?

Insurance bad faith occurs when an insurance company fails to uphold its contractual obligations to its policyholders. This can manifest in various forms, including unjustified claim denials, unreasonable delays in claim processing, inadequate investigations, and deceptive practices. When an insurer acts in bad faith, it undermines the fundamental purpose of insurance, which is to provide financial protection and peace of mind to policyholders in times of need. In Oregon bad faith is written into the law in the Unfair Claims Settlement Practices Act found in ORS 746.230. The recent court decision in Moody v. Federal Insurance Company, has provided persons insured by an Oregon policy a legal remedy to obtain financial compensation when an insurer violates Oregon’s Unfair Claims Settlement Practices Act.

Understanding Personal Injury Protection (PIP) Benefits

Personal Injury Protection (PIP) is a type of coverage that is mandated in some states, including Oregon, as part of auto insurance policies. PIP benefits are designed to provide prompt payment for medical expenses and lost wages resulting from injuries sustained in a car accident, regardless of who was at fault. In Oregon, drivers are required to carry a minimum of $15,000.00 of PIP coverage that pays crash related medical expenses as part of their auto insurance policies.

The Tools Insurance Companies Use to Wrongfully Deny PIP Benefits:

While PIP coverage is intended to provide swift and efficient compensation for accident-related injuries, navigating the claims process can sometimes be fraught with challenges. Insurance companies may engage in tactics aimed at minimizing their financial exposure, including:

1. Unjustified Claim Denials: Insurers may wrongfully deny valid PIP claims, citing vague policy language or alleging that the injuries are not covered under the policy.

2. Delaying Claim Processing: Delays in processing PIP claims can exacerbate financial strain for injured individuals who rely on timely reimbursement for medical expenses and lost wages.

3. Undervaluing Claims: Insurance companies may offer settlements that do not adequately compensate injured parties for their medical costs, lost income, and pain and suffering.

4. Inadequate Investigations: Insurers have a duty to conduct thorough and fair investigations into PIP claims. However, they may cut corners or overlook crucial evidence to justify denying or undervaluing claims.

Protecting Your Rights

If you believe that your insurer is acting in bad faith regarding your PIP claim, it is essential to take proactive steps to protect your rights:

1. Document Everything: Keep detailed records of all communication with your insurance company, including emails, letters, and phone calls. Document your medical expenses, treatments, and any correspondence related to your claim.

2. Know Your Policy: Familiarize yourself with the terms and conditions of your insurance policy, including the extent of your PIP coverage and any limitations or exclusions that may apply.

3. Seek Legal Guidance: If you encounter difficulties with your PIP claim, consider consulting with an experienced personal injury attorney, such as Jeremiah Ross, who can advocate on your behalf. Ross Law can review your case, negotiate with the insurance company, and, if necessary, pursue legal action to enforce your rights.

Conclusion

Insurance bad faith can have devastating consequences for individuals seeking compensation for injuries sustained in car accidents. Understanding your rights under Oregon's PIP coverage and recognizing the signs of insurer misconduct are crucial steps in safeguarding your interests. By staying informed, documenting your expenses, and seeking legal guidance when needed, you can assert your rights and pursue fair treatment from your insurance company. Remember, you deserve prompt and equitable compensation for your injuries, and insurance bad faith should never stand in the way of justice.

Please remember this blog post is for informational purposes only and is not considered to be legal advice. Please contact an Oregon Personal Injury lawyer such as Jeremiah Ross at 503.224.1658 to discuss your insurance denial. Please remember the law is constanty changing, and this blog post is not updated regularly.

3 Tips for Dealing with Insurance Companies After an Oregon Car Crash

Navigating the aftermath of a car crash can be a daunting task, especially when dealing with insurance companies. Insurance Companies in Oregon are focused on minimizing the amount of money you get, which can leave you feeling overwhelmed and at a disadvantage. However, with the right approach, you can enhance your negotiation skills and secure a fair settlement. Here are three tips to help you effectively negotiate with insurance companies after a car crash.

Document Everything

The importance of thorough documentation cannot be overstated when negotiating with insurance companies. From the moment the accident occurs, start collecting and preserving evidence. This includes gathering information at the scene, such as exchanging contact details with the other party involved, taking pictures of the vehicles and the accident scene, and noting the names and badge numbers of responding law enforcement officers.

Additionally, keep a detailed record of all medical treatments, expenses, and any related receipts. This documentation serves as tangible evidence of the extent of your injuries and the financial losses incurred. Insurance companies often rely on these records when assessing the validity and severity of your claim. By presenting a well-documented case, you strengthen your negotiating position and provide a clear picture of the impact the accident has had on your life.

Also, document when you speak with an insurance company and who you speak with. If you are using the insurance company’s app then screen shot the correspondence to preserve the communication. Preserve all email correspondence with the insurer. This information is invaluable so you don’t feel overwhelmed with trying to remember what you have previously discussed or sent in. It is fairly common for insurers to deny receiving documents or correspondence.

Understand Your Policy and Rights

One common mistake individuals make when negotiating with insurance companies is not fully understanding their insurance policy and legal rights. Take the time to carefully review your policy to know the coverage limits, deductibles, and any exclusions that may apply to your situation. Knowledge is power, and being well-informed allows you to speak confidently during negotiations.

Moreover, familiarize yourself with the laws and regulations governing insurance claims in your jurisdiction. Each state may have different rules regarding fault determination, deadlines for filing claims, and limitations on damages. Armed with this knowledge, you can assert your rights effectively and challenge any unjust denials or lowball offers from the insurance company.

Consider Seeking Professional Assistance

Insurance negotiations can be complex, and the tactics used by insurance adjusters may catch you off guard. Insurers that can make the process more stressful and overwhelming know that you are likely to take a low settlement offer to avoid future stress and frustration. In such cases, enlisting the help of a skilled attorney such as Ross Law LLC experienced in car crash cases can make a significant difference. Personal injury attorneys, such as Jeremiah Ross, specialize in negotiating with insurance companies and can advocate on your behalf to ensure you receive a fair settlement.

Attorneys possess the legal expertise to interpret policy language, assess the true value of your claim, and navigate the complexities of the negotiation process. They can also handle communication with the insurance company, alleviating the stress and burden on you. While legal representation may involve fees, the potential increase in your settlement often outweighs the costs, making it a valuable investment in securing a just outcome. If you have questions regarding your personal injury case call Ross Law at 503.224.1658.

Conclusion

Negotiating with insurance companies after a car crash requires a strategic and well-informed approach. By documenting everything, understanding your policy and rights, and considering professional assistance, you can enhance your chances of reaching a fair settlement. Remember, the key to successful negotiation is being well-prepared and assertive in advocating for your rights and compensation.

Please remember this blog post is for informational purposes only. Please consult with an attorney regarding your Oregon personal injury case to ensure all of your rights and obligations are understood.

Jeremiah Ross Selected as National Trial Lawyer Top 100

The National Trial Lawyers Association has selected Jeremiah Ross as a Top 100 Civil Plaintiff’s Lawyer in the United States. This selection reflects Jeremiah Ross’s dedication to Oregonians and their Personal Injury Cases, Crime Victim Cases, and consumer cases.

If you or someone you know need a personal injury lawyer, crime victim lawyer, or a consumer lawyer in Oregon, please call Jeremiah Ross and Ross Law LLC at 503.224.1658.

Jeremiah Ross Honored by Law School

California Western School of Law recognized Oregon Personal Injury Lawyer Jeremiah Ross for being selected as an Oregon Super Lawyer in the Personal Injury Category.

“Jeremiah, you are an inspiration to all of us and a major force for good in the legal profession.”

— Sean M. Scott, President and Dean of California Western School of Law

If you or someone you know is in need of an Oregon Personal Injury Lawyer call Ross Law at 503.224.1658 for your free personal injury consultation. Please note blog posts may be considered Attorney Advertising.

2019 Was An Incredible Year for Ross Law's Clients!

2019 was an amazing year for Ross Law and our Clients! Ross Law worked tirelessly to assist Oregonians to obtain maximum compensation for their Personal Injury cases, wrongful death cases, crime victim cases, insurance disputes, and consumer cases.

Below is a rundown on some of the results from 2019:

• $2,225,000.00 Jury Trial Verdict where Jeremiah Ross co-counseled a two-week medical malpractice & Patient Safety case with another attorney against one of Oregon’s top medical malpractice defense law firms. Click HERE for more information on that case.

• Significant Settlement in Case Against DHS and others in a case where our young client was abused and neglected while she was in the legal custody of the Department of Human Services. Click HERE for more information on the lawsuit against Oregon’s DHS & CPS.

• Confidential Settlement in Wrongful Death Case against a mental health provider whose negligence resulted in a schizophrenic’s suicide;

• Confidential Settlement received in a civil domestic violence case against an abuser. Ross Law represented a young survivor of domestic violence and filed a lawsuit against the abuser after he was convicted of his crimes in criminal court. As a crime victim’s lawyer, Ross Law fought tirelessly to cut through very complex legal issues to ensure the victim received compensation to regain the power and control of her life.

• $100,000.00 settlement for Ross Law’s client who was backed over by a vehicle while she was urinating behind the vehicle due to her intoxication. The bad driver’s insurance company denied any liability until Jeremiah Ross litigated the matter.

• Insurance Benefits obtained for a client who the insurer denied personal injury protection benefits to a cyclist who was thrown into a car at a stop sign. The stopped vehicle’s insurer denied benefits based on its interpretation of the law that the cyclist had to be “struck by” the vehicle. The judge ordered the Insurance Company to pay the cyclist $15,000.00 in denied insurance benefits and the cyclist’s costs and attorney fees. Click HERE for more information on that case.

• Insurance Benefits obtained for a client who was wrongfully denied Personal Injury Protection benefits from USAA and Auto Injury Solutions. The judge ordered USAA to pay the outstanding benefits and our client’s costs and attorney fees. Click HERE for more information on that case.

• Numerous favorable Settlements in Lemon Law and Auto Dealership Fraud Cases. These settlements included cash that was paid directly to our clients by the dealership, buy-backs of vehicles, unwinding car deals, and the dealership or auto manufacturers paid Ross Law’s consumer client’s costs and attorney fees.

There were many other amazing results for or clients! Please remember that results for all clients will vary. Each case is different. Some cases are better than others. If you, or someone you know, needs a personal injury lawyer, wrongful death lawyer, crime victim’s lawyer, or consumer lawyer please call Ross Law at 503.224.1658.