Injuries

Superlawyers Magazine Is Out-Jeremiah Ross Made the Cut

The 2018 Superlawyer Magazine for Oregon has been published.  Jeremiah Ross was named a "Superlawyer" and is featured on page 26 for his representation of plaintiffs in personal injury cases in Oregon.   Superlawyers notes each candidate was selected based on, "Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel."  According to Superlawyers, only 5% of lawyers are given the distinction of a Superlawyer. Jeremiah Ross is honored to receive this distinction.   

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If you or someone you know has been injured in a car crash or due to the negligence of another, call Portland Personal Injury lawyer Jeremiah Ross for a free case evaluation.  Please call Ross Law PDX at 503.224.1658.  Please note that Jeremiah Ross cannot guarantee case results and all cases and outcomes vary. This post and the Superlawyers website is attorney advertising.  

Be Safe This Memorial Day Weekend!

39.3 million people are expected to travel in the U.S. this Memorial Day weekend.   These travelers will travel by car, plane, boat, and train.   The vast majority of travelers are going to hit the road and drive to their destination.  This increased traffic is likely to increase the risk of people being injured and killed on Oregon's roads.  However, the roads are not the only dangers people should be aware of.  Every year people (usually children) get seriously injured in incidents involving barbecues and fire-pits.   Many people will also put their boats in the water for the first time this year.   Boat crashes are not uncommon.  It also seems like almost every year people drown in Oregon's beautiful rivers and lakes.   Most of these incidents are avoidable if people exercise common sense, and don't drink too much alcohol. Please exercise common sense and be aware of the dangers that are out there this weekend as you are celebrating Memorial Day.

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If you or someone you know has been injured by the negligence of another, call Oregon personal injury attorney Jeremiah Ross at 503.224.1658 for your free case evaluation.  Ross Law PDX represents people in various types of personal injury cases throughout Oregon.  Please remember this post could be considered personal injury attorney advertising.   

PUT THE PHONE DOWN! NATIONAL DISTRACTED DRIVING AWARENESS MONTH

It is a no-brainer that people need to put their cell phones down while driving.  However, despite the legal consequences of driving with a mobile device in your hand while driving, people continue to do so.   People also apparently have no issues with the fact that they are putting other drivers, cyclist, and pedestrians in danger if they are texting or using their mobile device while driving. This may explain why the number of traffic injuries and fatalities are on the rise.  In an effort to bring MORE awareness to this issue various agencies have declared April "National Distracted Driving Awareness Month."  Hence, this blog post.

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Put the Phone Down and focus on Driving. As a personal injury lawyer, I have to represent too many people injured in an Oregon crash caused by a distracted driver.  There is no excuse for messing with the phone while you are driving.  It puts other lives in danger, and technology has made it absolutely unnecessary.  That is why I have no qualms about seeking punitive damages from a cell phone using defendant that has injured one of my clients. 

If you or someone you know has been injured in a car crash then call Ross Law PDX and Jeremiah Ross.  Oregon Personal Injury Lawyer Jeremiah Ross will provide a free case evaluation.  Call Ross Law PDX at 503.224.1658 to discuss your crash injury case, cyclist injury case, pedestrian injury case, or wrongful death case.  Please remember that this post is for information purposes only.  It is not to be considered legal advice. 

A Personal Injury Lawyer Can Help With Medical Providers

Roughly once a week someone takes the time to send a Thank You card to my office.  Many come from clients.  Some come from vendors.  Sometimes they come from medical providers.  This week I received a lovely card from a Chiropractor.  The Chiropractor had been the treatment provider for a car crash client in a case I was involved in.  The case went to trial and he testified on behalf of our client. A couple of weeks after the trial we had lunch to discuss the trial.  During the conversation, we also started to discuss how Oregon personal injury lawyers should be assisting their clients with medical providers.  Things like billing issues, referrals, and obtaining medical records were all topics of discussion.

Many of my Personal Injury clients already have a medical provider when they come to see me.  If that is the case then I do my best to help the provider with any insurance billing issues they may encounter.  This allows my client to focus on getting better and the provider can deal with my office that regularly interacts with insurance companies. 

My office can also work with a provider who is treating a client who had their personal injury protection benefits terminated by their insurance company.  There are various ways to do this, but often the medical provider is concerned about payment for future services, so it is my office's responsibility to assuage those concerns and do my best to force the insurance company to reinstate PIP medical benefits. 

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Occasionally my personal injury clients will ask for a referral to a medical provider.  I do not have a common referral list, but there are some providers that I have told my clients to steer clear of.  At the end of the day, the client needs to be with a provider that they feel comfortable with.  

If you, or someone you know, has been injured by another and need a free case evaluation call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.  At Ross Law LLC we do our best to help people injured in Car Crashes, Bus Crashes, Trucking Accidents, Bicycle crashes, Bike Crashes, Motorcycle Crashes, and dangerous premises cases.  Please remember this post, this blog, and website can be considered ATTORNEY ADVERTISING. 

When Should An Elderly Driver Stop Driving?

Many elderly folks rely on their vehicles as their only source of transportation.  These folks regularly get behind the wheel just as the rest of us do.  However, there is a point where everyone needs to realize they are not physically and mentally able to perform the complex task of driving a vehicle anymore.   All too often we read about crashes where an elderly person crashes into a building because they confuse the brake and gas pedal, or makes some other unexplainable error.  Many of these incidents are minor and thankfully no one gets injured. However, some folks are not that lucky.  

Yesterday a 94-year-old driver killed her 92-year-old passenger in a parking lot crash.  The 94-year-old backed into a car in the parking lot, then suddenly accelerated into a tree causing the car to flip over.   This crash killed the 92-year-old driver.   This is an awful tragedy that could have likely been prevented if the 94-year-old had realized she shouldn't be on the road. Many people know they are having difficulties, but are too stubborn to admit it and stop driving.   This can lead to the tragic outcomes.  This can also lead to claims for punitive damages against the elderly driver or their estate. 

Here are some tips from the National Institute of Aging if you are worried about your driving:

1) You May Have to Stop Driving Due to Joint Stiffness Or Pain:  See a doctor if you are having stiffness or pain when you drive.  If you can't drive without pain or stiffness it may be time to hand over the keys.  This is due to the fact that the pain is going to prevent you from performing tasks such as moving the steering wheel, pressing the pedals, turning your head to check your mirrors.  These tasks must be performed without impairment.

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2) If You Can't See Clearly You May Have to Hand over the Keys:  Vision issues affect most everyone, including myself.  However, if a person cannot see clearly even with glasses they shouldn't be on the road.

3) Your Hearing Troubles May Make You An Unsafe Driver:  Driving is a complex task that requires almost all of our senses. We rely on hearing to alert us to dangers and to hear sirens and commands.  If you can't hear clearly and are unable to make adjustments to compensate for the loss of hearing then it may not be a great idea to drive. 

4) Your Medical Issues or Age Affect Your Mental Abilities:  Many people suffer from memory issues, dementia, Alzheimer's, routine minor strokes, or seizures.  These can be deadly diseases if a person gets behind the wheel because the illnesses will impair the person's ability to safely drive.  Aging also affects your reflexes and reaction time.  These cases are tragic when an elderly person kills or injures another due to their mental issues, or simply not having the reflexes to safely drive.  If you are at an age where your mental issues are impairing your driving you should probably stay off the road.  

5) Your Medications May Impair Your Driving:  Medications can cause you to be an impaired driver.  This means you are committing the same crime as a person that chugs a six pack and hits the road.   If you cause a crash then you will likely be arrested and convicted of DUII.  However, your main concern should be that you may injure or kill someone as a result of ingesting your prescribed medication.  Follow the warnings and doctors advice.  If you have to take medication that makes it unsafe to drive, then do not drive.

If you have more questions about elderly drivers feel free to call Jeremiah Ross at 503.224.1658.  If you, or someone you know, has been injured by an elderly driver call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.  Ross Law gives a free case evaluation for personal injury clients.  DO NOT RELY SOLELY ON THIS POST TO DETERMINE IF YOU SHOULD BE DRIVING, SEE YOUR MEDICAL PROVIDER OR THE DEPARTMENT OF MOTOR VEHICLES.   This post could be considered attorney advertising. 

Flying the Un-Friendly Skies...Injuries on Commercial Flights

Let's face it, flying is not what it used to be.   Airlines are making record profits, but flying conditions seem to be getting worse.   The recent events on a United Flight highlight the fact that most Airlines put their Corporate priorities above the passengers comfort and safety. That incident was an anomaly, but every year countless passengers are injured aboard commercial airplanes.  Many injuries are minor, but some can be major.  Below is a list of the most common types of injuries:.   

Baggage Incidents: Many passenger injuries are caused by baggage.  Passengers often whack each other with bags as they are attempting to lift them and load them into the overhead bins.  Baggage also may fall out if the bin is not latched properly, malfunctions, or when people open the overhead bins after the flight.  These heavy bags can land on a person's head and cause severe neck and head injuries.  They may also cause bruising and swelling or torn muscles and ligaments on other areas of the body.

Turbulence or Rough Landings:   People can be injured by getting jostled around on planes as they are flying through unstable air or during a rough  landing.   This unstable air is called turbulence.   Neck and back injuries can result depending on the intensity and duration of the turbulence or rough landing.  The USA Today recently wrote an article articulating the various ways turbulence may injure passengers.  For example turbulence may cause the plane to shake so violently that overhead bins may open causing baggage to fall out, drinks may spill, and equipment may fall on passengers.  

 

Hot Liquid Spills: Hot Coffee and Hot Tea pose a danger to passengers.  A spill of hot coffee or tea on a person can cause serious burns, scarring, pain, and discomfort.  Many of these spills happen while the cup of hot liquid is being transferred from the flight attendant to the passenger. 

Assaults:  Assaults are becoming more common on commercial flights. "Air Rage" is becoming more common as more and more passengers are crammed into smaller and smaller spaces.   In 2015 there were almost 11,000 incidents of air rage. These assaults can range from pushing people to a passenger brutally attacking another passenger.  

Sexual Assaults: Sexual Assaults on Commercial flights are not something we usually think about.  However, they do occur. A recent article noted it is hard to determine the number of assaults because typically 75% of sexual assaults go unreported. Usually they involve a drunk individual that gropes and touches another without their permission.  Sometimes these sexual assaults involve incidents of adult passengers groping a minor.   

Is The Airline Responsible for Your Injuries?  If you were injured on a commercial flight the airline may be responsible for your injuries.  This obviously depends on the facts. However, people on international commercial flights enjoy certain protections provided by treaties and Federal Law.   This may entitle a person injured on a plane to compensation even if the airline did little or anything to cause the injury.  These types of incidents usually require a lawyer to get involved, because Airlines often do not take these claims seriously.

What to Do if You Are Injured on a Commercial Air Flight?

  1. Obviously if you are injured you need to seek medical treatment first and foremost.
  2. Ensure you keep all documents from the flights.   Try and keep your boarding pass, even though most of them are available on-line even after the flight has concluded.  
  3. Do your best to get the passengers full names, addresses, and phone numbers that are in the seats surrounding yours.  Finding witnesses can be difficult if you don't have the witnesses contact information.  
  4. Take Photos:  If possible take photos of the area where the injury occurred.  A video is even better. 
  5. Alert a Flight Attendant and Ask to Make an Incident report:  Alert a flight attendant to the injury and tell them to talk to a witness to find out what happened.  Get the flight attendant's name.
  6. If a crime has been committed contact law enforcement once you are able to do so.  Ensure the Flight Attendant contacts law enforcement.
  7. Call a lawyer at 503.224.1658 if you have further questions.

If you or someone you know has been injured on an airplane call Ross Law LLC.  Jeremiah Ross is happy to provide you a free case evaluation.  Call 503.224.1658 for your free case evaluation. Please remember the law is always changing.  Do not rely on this post and rely on the law and advice from a lawyer.   This blog can be considered attorney advertising and is for advertising purposes only. 

A dangerous day for driving ,SNOW and the Superbowl:

It is Superbowl Sunday and the National Weather Service is also predicting snow yet again in Portland, Oregon.  As the Oregonian has previously reported, the Superbowl is historically a dangerous day for people to be on the road, because of all of the DUII Drivers.   Portland drivers have shown over the past few weeks that we have issues with driving in the snow.  In short, this is a terrible day to drive.  

 

If you need information about what to do if you were in a car crash due to snow click here.

 

If you were involved in a crash with a suspected DUII driver click here.

If you have questions about additional compensation, because you were hit by a DUII driver click here.  You may be entitled to punitive damages, criminal restitution, and increased damages if your case is taken to trial.  and there may be more people responsible for causing the crash than just the bad driver.  For more information click here.

If you want to speak with a lawyer rather than reading call me at 503.224.1658 for your free car crash personal injury case evaluation.  Feel free to call Ross Law and Jeremiah Ross at 503.224.1658.  

Please remember this post is for informational purposes only and the law is constantly changing.   Please call a lawyer before relying on this post. 

What is Your Car Crash Case Worth?

One of the most common questions I receive in a personal injury intake is, "How much is my case worth?"  That is not an easy question to answer and people should be leery of lawyers that automatically spit out a number without reviewing medical records, bills, and other information.  That is because there are various variables that we examine to assign a value to a personal injury car crash case.   More importantly that is the value we assign the case.  The insurance company also assigns a value to the case.  That number is usually lower than the injured person's lawyer's number.  At the end of the day only a Jury truly knows how much a particular case is worth, but most cases settle prior to trial.  

With that said, I have listed a few of  variables that lawyers use to put a value on the case below.   The list is not exhaustive, and it is in no particular order.  However, it should provide you with a general understanding of how a personal injury lawyer and an insurance company assign a value to a car crash personal injury case.  

 1) The Type of Car Crash injuries:  Broken bones are typically worth more than soft tissue (whiplash) injuries.  However that is not always the case.  For example, a herniated disc injury will likely be worth more than a fractured pinkie toe.  Injuries that cause scars or disfigurement are typically worth more than an internal injury.     

2)The permanency of the injury:  The longer the person suffers crash related physical impairments that effect their life, the more their case is worth.  Insurance companies know this and that is why they will often offer a paltry amount of money very early to settle the case.   If you settle the case before you know if the injury is permanent you will likely be leaving money on the table. People wonder how do you know if your injury is permanent?  Medical providers will typically tell a person and provide that evidence in a medical chart note.

Typically, the more time a person suffers from an injury, the more their case is worth.

Typically, the more time a person suffers from an injury, the more their case is worth.

3) The Medical Treatment Sought:  Personal injury cases rely heavily on medical evidence.   Medical providers provide the necessary diagnosis, treatment, and documentation to prove to a jury (and the bad driver's insurance adjuster) that you are injured and the types of injury you sustained.  Clients who seek medical treatment and follow their treatment providers' directives will often increase the value of the case.  However, it should be noted just because you see a doctor, doesn't mean you will increase the value of the case.  A chart note can also lower the value of the case if you claim an injury and the medical evidence does not support your injury claim.   Moreover, a hundred trips to an acupuncturist may not increase the value of your case if you never saw a medical doctor.

4) Medical bills incurred:   The urban legend that a case is worth three times the medical bills is just wrong.  Some cases end up that way, but many don't.  For example a person that quickly heals 100% after having a costly surgery may not recover as much as a person that doesn't have surgery for the same injury but suffers from well documented permanent injuries.  Additionally, some serious injuries don't have a lot of medical bills.  An amputated thumb may not have many medical bills. However, that is a potentially debilitating injury that will likely effect virtually everything the person does for the rest of their life.  The medical bills in that case are not an important variable, but they are still a variable.

5) Crash Damage:  Typically the more crash damage there is, the more a person's case is worth.  Minor impact cases with little visible vehicle damage can result in severe soft tissue (whiplash) type injuries, but typically jurors need to be convinced of that. On the other hand, jurors will usually infer from the beginning that a person had to have been injured in a high speed crash that totals the vehicles involved.    

6) The Client:   An honest client's case is worth more than a person who exaggerates their pain and injuries.  A tough client's case is usually worth more than a whiner's case.  An organized client that attends medical appointments and follows their medical providers's directives' case is usually worth more than the know it all client that tells everyone they are injured but doesn't seek treatment or follow up with medical providers.  Clients and the way they present themselves can dramatically increase or decrease the value of their case.   

7) The Bad Driving Defendant:  In almost all of my personal injury cases the defendant is insured.  The defendant's insurance company is the entity that will decide if they will make a fair offer or force us to seek an award from a Jury.   However, in Oregon jurors are not informed that it is the billion dollar insurance company that is refusing to make a fair settlement offer.  The Juror sees the little old lady that ran the red light that is the named defendant and may feel sympathy for her.  They may not want to award you any money to compensate you for your injury, because that may put the elderly lady on the street.   On the other hand a corporate defendant that has a bad safety record will likely increase the value of the injured person's case because jurors have little sympathy for a large corporation and they know the corporation has money to pay the judgment.

8) Comparative Fault and Other Defenses:  The value of the case can be reduced if the defendant has a good defense.  If the defense can show you caused the crash then your case value may go down or your case may not have any value at all.   If the defense can interject uncertainty and other legal issues to the case then that will bring down the value of your case.

9) Pre-Existing Conditions:  Pre-existing conditions are the most litigated issues in personal injury cases.  As we age our bodies deteriorate.  Insurance company defense lawyers capitalize on this medical fact and attempt to assert that the crash didn't injure you, and the pain is caused by a pre-existing medical condition.  If a person has sought treatment prior to the crash for a medical condition that they are claiming was caused by the crash that can reduce the value of the case. 

10)  Lawyers Involved:  Many people settle their cases with the insurance company without a lawyer.  This is largely because they don't want to get a lawyer involved or they don't want to have a lawyer take a percentage of any money they are awarded.   However, this is typically a big mistake.  Most of the time people that resolve their own cases are leaving money on the table.  Lawyers know how to get insurance companies to increase the value of the case and if not, then we take the case to trial or arbitration.  Insurance companies know that, so they usually will increase the value of the case if a lawyer is involved.   If you think your case is too small for a lawyer to handle, you should read this blog article.  

The list above is not exhaustive, and if you have any questions call me for your free personal injury case evaluation.  Call Ross Law at 503.224.1658 and ask for Jeremiah Ross.  Please remember that there are numerous variables that go into the case and do not rely solely on the list above.