3 Things Auto Insurers Don't Want You to Know About Your Whiplash Injury!

Most people in car crashes suffer some type of soft tissue injury.  Soft tissue injuries are injuries to the muscles, ligaments, and tendons in the body.  Whiplash is a type of soft tissue or bony injury to the neck or brainstem caused by the sudden back and forth movement of the neck. These injure typically occur in rear end or side impact car crashes.  That movement rips, tears, and stretches the soft tissue in the neck, and can cause more severe injuries.  Some soft tissue injuries are minor and don't warrant medical treatment, while others can take months or years to heal.  Some soft tissue and whiplash injuries are permanent and may require surgical interventions.  Although these injuries are serious injuries, insurers regularly discount them.   Here are some things you should know about whiplash injuries that insurance companies don't want you to know:

1) Whiplash Injuries Are The Most Common Injury Associated with Motor Vehicle Crashes:  Insurers often discount claims of whiplash as malingering (making an injury up with the purpose of obtaining an award) or somatoform disorder (psychological issues causing physical symptoms).  They attempt to convince the injured person that they couldn't have suffered an injury that lasted for as long as it did.  Insurers for the bad driver often make the injured person feel as if they are the only person to have whiplash symptoms last as long as they did or were as severe as they were.  This is an effort to attempt to convince the injured person that the crash could not have injured them. However, the insurer is wrong.  Whiplash injuries are not unique.  In fact, up to 83% of people involved in a car crash suffer from whiplash injuries.   Medical studies have shown these are real injuries that can dramatically impact a person's life and health.

2) Whiplash Injuries Do Not Typically Show Up on an X-Ray:  Insurance adjusters will often note that the Emergency Room X-Rays of the neck are unremarkable and do not show any evidence of injury.  Adjusters may attempt to convince the injured person that the crash didn't cause a whiplash injury because there is not any "objective" evidence of it (think X-Ray, or broken bone, misalignment of bones, etc.).  However, studies show  X-Rays do not typically show soft tissue injuries to the neck and whiplash type injuries.  However, MRI studies may show the soft tissue and whiplash type injuries.  However, MRI's may come with their own problems of high false positive results, and cannot see all pain associated lesions.  CT scans may be able to show some, but not all whiplash injuries.  However, they are costly and are not always readily available.  Other tests may not show injury.  This information is important because adjusters know that the injuries are real, but technology may not show these injuries.   A medical provider (Doctor, Osteopath, or Chiropractor) can diagnose whiplash injuries based on other objective findings without the need for imaging.   Insurers know this, but may try and convince you otherwise. 

3) Whiplash Injuries Can Be Permanent:  Insurance adjusters commonly say that the crash caused whiplash injury should have healed within 12 to 16 weeks.  They explain the lingering pain on "pre-existing" or age-related conditions. However, this ignores the science and studies that have shown that there is no scientific basis to assert whiplash injuries do not lead to chronic pain or permanent injuries.  These are real injuries that can be permanent. 

Hopefully, this information will assist you in combating an insurance agent to assist you in obtaining maximum compensation for your injuries.  However, if you are unsuccessful efforts or have questions for a personal injury lawyer, call Jeremiah Ross at 503.224.1658 for your free personal injury consultations. Ross Law PDX represents personal injury clients throughout Portland and Oregon.  PLEASE ASK A DOCTOR ABOUT YOUR WHIPLASH INJURY.  This post is meant for information purposes only and SHOULD NOT be RELIED UPON as or construed as medical advice, or legal advice.   Please remember that every injury is different and all legal cases are different.   

Injured on an Icy Sidewalk? Here is what you should do...

The Snow has arrived here in Portland.   The Metro region is blanketed in snow and ice.  This means roads are hazardous, but people often forget about the dangers posed by a slippery sidewalk.  The Oregonian recently reported that the snow and ice has resulted in an increase of people being admitted for fall injuries.  Most of these falls are caused by people slipping on ice or snow.  

Most people brush these falls off when they occur.  However, once costly medical bills arrive in their mailbox they properly question why they should be forced to pay for the medical bills if they were injured in a parking-lot or sidewalk that another person was responsible for ensuring it was maintained in a safe condition. 

First it is important to note, you may not be responsible for your injuries if you slipped on ice or snow. The law in many cities requires people to maintain their sidewalks and parking lots in a safe condition.  More specifically, if you live in one of the cities below and you don't remove the ice and snow on your sidewalk and/or parking lot you may be breaking the law:

1. Beaverton Oregon, Title IV Chapter 42, 4.207-4.208
2. Eugene Oregon, Eugene City Code 7.375
3. Gresham Oregon 7.15.040 (5)
4. Hillsboro Oregon Chapter 9, 9.16.010
5. Lake Oswego Oregon LOC 42.06.310 and 34.02.035(20)
6. Milwaukie Oregon Title 12 12.04.060
7. Oregon City Oregon 12.04.030-12.04.031
8. Portland Oregon Portland City Ord. 17.28.020 (A))
9. Salem Oregon Chapter 78 78.220
10. Springfield, Oregon Chapter 3.306
11. Tualatin Oregon Title 02 Section 2-2-010 - 2-04

Many people do not make an insurance claim or seek out a lawyer, because they are under the improper assumption that because they fell they are solely responsible.  This may or may not be the case.  However, the law is pretty clear on these issues. If a person fails to maintain their sidewalk or parking-lot in a safe condition (removing snow and ensuring it is free of ice) then the property owner is responsible.  

If you were injured in a fall caused from ice or snow here are some tips:

1. At the Scene: Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the area of the property where you were injured, the address of the property, witnesses, and any employees that assist you.  If there is ice or snow ensure you get pictures of the snow.  Try and get the depth of the snow.  If it is ice, ensure the photograph accurately depicts the ice. Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If you are not able do this because of your injuries, send someone to the property ASAP to gather information and photographs.
2. Seek Medical Care: Immediately seek treatment if you are injured. Some businesses have no fault insurance that may pay $5,000.00 of medical bills. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Notify the property owner or business.  It is best to call a lawyer BEFORE you contact the property owner or business.  
4. If you fell on Public Property remember to file a TORT CLAIM NOTICE.  
5. Call A Lawyer at 503.224.1658: It won't cost you anything to chat, and you can learn about what you need to do next.

Falling on ice can be painful and can cause serious injuries. Many people initially laugh and are embarrassed only to later discover serious injuries. 

If you were one of the many people that reported to an Oregon Hospital for fall related injuries, feel free to call 503.224.1658 for your FREE personal injury consultation. Please remember these tips are not to be considered legal advice.  You may need to take additional steps to preserve your claim.  Also, the law is constantly changing, so refer to the actual law and do not rely on this post.   If you have additional questions click HERE.

Confronting Myths About Car Crashes, Insurance Companies, and Lawyers

Last night I was sitting at a bar waiting to meet a friend when I overheard a conversation.  The two guys next to me were discussing a car crash their friend had recently been involved in.  The guys discussed how the crash occurred and the subsequent events. 

The tall guy was animated in speaking about the crash.  He described Airbags deploying and it sounded as if their friend had been broadsided by another vehicle at an intersection.  The tall guy noted that his friend did not feel immediate pain, but that was normal because he was "all amped from the crash."  The friend went to the hospital the next day just to get checked out.  The tall guy said his friend was diagnosed with "whiplash" and may have to go through some "physical therapy or something."  The tall guy also went on to say the friend was worried about payment of medical bills.  The two guys continued to talk about expensive healthcare and then the subject switched to insurance.  

The tall guy also said the insurance lawyer called his friend and said they would offer $1,000.00 right away and that is all his friend would get.  The insurance "lawyer" said his friend couldn't have been hurt if he didn't go to the doctor right away,   Then the conversation  switched to greedy lawyers and that no lawyer is going to take his friends case because his friend doesn't want tens of thousands of dollars.  His friend basically just wants some money for medical bills and a little extra.  His friend can't pay a lawyer, so he is going to just deal with the insurance company "lawyer."  

The entire time I was biting my tongue because of all the misconceptions and wrong assumptions about his friend's case.   I wanted to interject, but I didn't because it was clear these guys were not fans of lawyers and probably would be a little annoyed with some pencil pusher interrupting their conversation.   After listening to these two young gentlemen it became apparent the insurance companies' propaganda machine has been doing a great job on conditioning these guys.    Insurance companies have confused people about their rights and obligations after a crash.  This blog article will address some of the confusion created by insurance companies:

1) The Friend Didn't Feel Immediate Pain After Crash:   The guy was right when he said his friend was "amped" so he didn't feel any pain.  I am not a medical professional, but my understanding is many soft tissue injuries  do not result in immediate pain.  Many times the injury will manifest a day or two later.  

2) The Friend Is Worried About Crash related Medical Bills:  Personal Injury Protection benefits are available to pay the friend's medical bills.  This means the friend has $15,000.00 of no fault insurance to pay all crash related medical bills incurred up to a year after the crash.   For more information read my blog post addressing PIP issues. 

3)  The Insurance Company's Lawyer Called His Friend:  It is rare in a case where a person has soft tissue injuries to have a lawyer contact the injured person.  Most likely the insurance company person was an insurance adjuster.  These adjusters sometimes like to think they are lawyers, but in reality they have little, if any, formal legal education.  Many adjusters have little formal education.  It is important to remember the insurance adjuster's sole mission is to ensure the insurance company pays out the minimal amount to any injured person that is making a claim.  Some are honorable and may make a fair offer, but many do not.  It is also important to remember there is no requirement that an injured person speaks to an insurance company adjuster or lawyer. For more information on insurance company phone calls read my blog article.  

4)  A thousand Dollars is The Most You Can Get for Soft Tissue Injuries:  Again, that is not true.  The insurance adjuster is trying to convince the friend that his case does not have any value in an attempt to hoodwink the friend into settling for pennies on the dollar.   The case may have substantial value if there are permanent soft tissue injuries or there are other injuries that have yet to be diagnosed.  Insurance Companies try to settle cases quickly in an attempt to prevent people from making large damage claims or speaking with a lawyer. If you have settled the case and realize you were hoodwinked you should call me at 503.224.1658.  There may be a way to set aside the settlement and pursue your claim for money damages.

5)  The Friend Couldn't Have Been Hurt Because He Didn't Go To The Doctor Right Away: Insurance companies often use this line, but I don't think people actually believe that.   They call this a "gap in treatment" or "delayed treatment." Most Oregonians are tough hard working folks that would rather be working or trying to get better on their own rather than going to the doctor over some pain in their neck.  However, once they realize the pain is worse than anticipated or is not going away, then they seek medical attention.  This is perfectly reasonable even if it is a few days or weeks after the crash.

6)  No Lawyer Is Going to Take the Case because It is Not Worth Tens of Thousands of Dollars:  There are numerous Oregon Personal Injury lawyers that are eager to take small cases valued at $10,000.00 or less.  I represent many people on these smaller soft tissue cases.  These cases are common and there is a way for the lawyer to make money on the case and the injured person to receive full compensation for their injury without the lawyer taking a cut of the settlement or award. If you have more questions about small cases then you should read my blog article on the issue.  If you think you have a case but are concerned it is too small call me at 503.224.1658.  It will not cost you anything as I provide free personal injury consultations.

7) His friend Can't Afford A Lawyer:  I take almost all personal injury cases on a contingent fee. What this means is I don't get paid an attorney fee unless we prevail.  My personal injury clients do not pay my hourly rate.   For more information on how attorneys get paid see my blog post on the issue.   

Hopefully this post will address many of the misconceptions that people have about personal injury cases.   People shoudl be informed when they are injured in a car crash.  They do not need to rely on the insurance companies to take care of the crash and make a "fair" offer.  Injured people should seek an attorney to assist them with their claim.  

If you or someone you know has been injured in a car crash please call me at 503.224.1658.  Ross Law is happy to provide free personal injury consultations.  I also work on a contingency fee in personal injury matters.   Legal Stuff:  This post is not to be considered legal advice and does not create an attorney client privilege.   This post, website, and blog may be considered ATTORNEY ADVERTISING.

Things You Should Know if You Were Injured at an Oregon Pumpkin Patch:

This weekend my wife and I took our little munchkin to Sauvie Island to explore one of the various pumpkin patches scattered about the island.  My toddler's mind was blown by all of the amazing things at the pumpkin patch.  There were tractors, hay-rides, cow-trains, stacks of hay bails to play on, mazes, corn mazes, and he loved romping around in the pumpkin patch looking for his prized miniature pumpkin.   All of these activities are a ton of fun, but some of them can be dangerous.  

Some of these activities can be very dangerous if the property owner does not do their job to keep the property safe.  Pumpkin Patch owners have a responsibility to keep their premises in a reasonably safe condition.  They should be inspecting their property for dangerous conditions.  They should also be warning people of dangerous conditions.  If they do not then they may be responsible if a person is injured on their property.   These pumpkin patches should be insured and their insurance should be paying medical bills and compensating the injured person if they didn't provide a safe experience.

What should you do if you, or someone you know, is injured at a Pumpkin Patch:

1. If seriously injured, immediately seek medical attention and/or call 911;
2. If you are injured, or tending to the injured person, delegate someone to take photos and get information for you;
3. Photograph the scene of the incident and any injuries;
4. Try and get names and phone numbers of witnesses (ask them to send a text to your phone is the easiest way to do it);
5. Keep any tickets to any activities at the pumpkin patch;
6. Notify the property owner of the incident;
7. Take photos of the entrance to the pumpkin patch and ensure you know the address of where you were injured (look on your smart phone or ask someone that works there)
8. If you are injured by a tractor or a ride, make sure to get the pumpkin patch's employees full name that was driving the equipment.
9. Attempt to get the pumpkin patch's insurance information and determine if they have a "no fault" or "medpay" provision in their policy.
10. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.

Just like in Maine, New York doesn't have an official system in place that would define a hayride as safe or unsafe.

The Pumpkin Patch Had Signs Noting I was Assuming the Risk of Personal Injury, Can I Still get Compensation?  That is a good question, and it may or not deprive you of your right to get compensated for your injuries.  It will all be dependent on the facts and the sign. Some activities are so dangerous that a sign cannot alleviate the property owner from responsibility.  However, some signs may be enough to prevent an injured person from getting compensated for their harms and losses.  Call a lawyer, like myself, if you have any questions. 

The Pumpkin Patch's Insurance Company Wants a Statement, Do I have to Give it to them?  Typically no.  Read my previous blog article on the issue here.

The Pumpkin Patch's Insurance Company Says I Cannot Be Compensated Because of "Recreational Immunity."  Is that True?   It may be.  Oregon's Recreational Immunity Laws (ORS 105.668, et seq.)  basically state that if a land owner allows people on their property for certain recreational activities then they are not responsible if a person is injured as a result of the property owner's negligence.   However, it does not apply in all situations.  One of the main things that may prohibit this defense at a pumpkin patch is when the land-owner charges a fee to participate in an activity on the property.  Oregon's Recreational Immunity statute can be difficult to interpret, so please call an Oregon Personal Injury Attorney, such as myself, at 503.224.1658 if you have questions about Oregon's Recreational Immunity Statute.

The Pumpkin Patch's Insurance Company Says I am At Fault for the Injury, So I have to Pay All of My Medical Bills. Is that True?   It may be.  Oregon is a modified comparative fault state. (See ORS 31.600)  What this means is that if you were more negligent than the property owner or other party(ies) then you cannot be compensated for your harms and losses. However, there maybe an insurance policy that allows for no-fault compensation (usually $5,000.00) to repay medical bills.   If this issue comes up then call an Oregon Personal Injury attorney at 503.224.1658. 

PLEASE CALL AN ATTORNEY AT 503.224.1658 IF YOU HAVE QUESTIONS!  I am happy to provide free personal injury consultations.  Please remember: THIS POST IS NOT INTENDED TO BE "LEGAL ADVICE" and may be considered "Attorney Advertising."  The law is constantly changing, so it is best to call a lawyer and not rely on this post to determine if you have a personal injury case.  

Hit by a DUII Driver? How Much is your case worth?

As a personal injury attorney that also represents crime victims I am called upon to represent people that were in a car crash with a drunk driver (DUI Driver).   The crashes and injuries vary.  Some people are in minor fender benders.  These fender benders often injure people and can cause soft tissue (whiplash) injures.  More significant crashes can result in broken legs, broken arms, and even death.  Often people want to know how much their injury is worth.  In other words, how much compensation should the injured person receive for the hell the drunk driver put them through?   That is not an easy question to answer because each case is different. 

For example I represented a young woman who was stopped at a stop sign.  All of the sudden a driver crashed into the back of her car.   The vehicles suffered some minor damage.  The bad-driver approached my client.  My client immediately smelled the odor of an alcoholic beverage on the bad driver.  The bad driver asked if my client was OK.  She replied she was.  The bad driver then gave her a high five, sprinted back to his vehicle and drove off.  He did not exchange insurance information or wait for law enforcement to arrive.  My client called the police and they later found the bad driver at a local bar.  My client had soft tissue injures to her neck and lower back that lasted a few weeks.  She did not seek medical treatment.  Almost two years later she came to my office.  We ended up resolving the case for over $20,000.00, exclusive of PIP benefits.  Most cases with those types of injuries will resolve for well under $10,000.00.

I also represented a woman that was a passenger in a vehicle that engaged in a high-speed police chase.  In that case the driver was also drunk.  The driver hit another vehicle head on and caused a significant crash.  My client went to the Emergency Room for treatment the next day and was diagnosed with soft-tissue injuries.   She had minimal treatment with a chiropractor.  She received almost $20,000.00 in addition to PIP benefits.  

I have also received policy limits of $100,000.00 for a cyclist that was hit by a suspected drunk driver.  Law enforcement did not arrest the bad driver after giving him field sobriety tests, but we had witness testimony to support our claim he was intoxicated and disposed of a liquor container at the scene.  In that case the insurance company was faced with the prospect of trying to defend a driver that had hid evidence from law enforcement and injured a cyclist so they tendered policy limits. 

The short answer to the question "How much is my case worth if a DUII driver hit me?" is, It depends.  There are too many variables to give an accurate case valuation without determining the extent of your injuries, the treatment sought, the bad-driver's conduct, the bad driver's driving record, the investigation, and other issues.  

The equation becomes more complex when you consider the types of damages available.  In addition to receiving compensation for your injuries, you may also be entitled to punitive damages from the DUI driver.  These punitive damages are designed to punish the DUII driver for their reckless and outrageous conduct.  These damages add value to the case, but are affected by various variables.   

These types of cases also open up additional sources of compensation.  This issue arises when there is not enough insurance to compensate you for your injury, or a bar or social host clearly violated the law.  In that case you may have a "dram shop" claim.  This allows you to attempt to hold the person that over-served alcohol to the DUII driver accountable for causing your injuries.  Dram shop cases are very nuanced and have notice requirements, so you should call a lawyer immediately if you wish to pursue a case against a driver or social host.

If you, or someone you know, were hit by a DUII driver then you should call Portland Oregon Personal Injury Attorney Jeremiah Ross.   Ross Law LLC provides free personal injury consultations for people hit by drunk drivers.  Don't settle with the insurance company for pennies on the dollar.  Know your rights and get the compensation you are entitled to.  Please remember each case is different, your case may be worth more or less than the cases noted above.    At the end of the day only a Jury knows the true value of your case.  Jeremiah Ross is happy to take your case to trial if necessary to ensure we do our best to get you the compensation that you desire.  

Evolution-Another Way to Prevent Car Crash Injuries and Deaths

Car crashes kill tens of thousands of Americans every year.  Here in Oregon roughly 312 people were killed in Motor Vehicle Crashes in 2015.   According to CBS, Motor Vehicle crashes and other "Accidents"  are the fourth leading cause of death in the united states.  These frightening statistics are why we  spend millions of dollars on trying to make the roads and vehicles safer, but what if there was another way to prevent injuries in car crashes?  It turns out there might be.  We as a species can  evolve to survive car crashes.  

Meet Graham.  Graham has already evolved to survive car crashes.  He looks strange, but he should survive most car crashes. 

Graham is an amazing example of how us humans have evolved to protect our species, but it turns out he isn't real.  Graham was created by the Australian Government to use as a tool to educate people about the dangers of car crashes.  Here are some of his features:

Neck:  The vast majority of my clients suffer some neck injury if they are in a car crash.  In a crash the head keeps on moving while the body stays in place.  This causes the neck to strain and flex in a manner it wasn't  intended to do. This is why most people will have a sore neck for a couple of days after a car crash.   However, some people suffer cracked vertebrae, herniated discs, and it can even break.  A broken spinal column can cause paraplegia or quadriplegia.  Recognizing that the neck was a weak point in the body, Graham evolved to not have a neck anymore. 

Face:  Facial injures can be common.  Their is minimal tissue to absorb impact, so even low impact crashes can result in broken facial bones.   Graham's extra fatty and flat face helps absorb and disperse the energy from an impact.

Skull:  Head injuries are common in car crashes.  Many times the head will suffer trauma from bouncing off of the steering wheel, the side post, or the side window.  This can occur even if the person is seat belted in.   These head injuries can be fatal, as they can damage the brain. Graham has evolved to have a skull shaped like a helmet that will absorb more impact earlier.  He also has "crumple zones" in his head.

Brain:  Brains are tossed around inside your skull in a car crash.  This causes damage to the brain.  Many times this brain damage is irreperable.  Graham has evolved to survive a crash without a Traumatic Brain Injury (TBI)

Ribs:  Ribs are often cracked or strained in a car crash. This is because they absorb much of the energy as the body is pressed against the seat belt in a crash. Broken ribs are very painful, but they can cause serious injuries if they fracture.  Fractured ribs can puncture lungs and other vital organs that can cause serious injury or death.  Graham evolved to have more nipples and fatty tissue around the ribs, so that the chest became an, "airbag instead of armour." 

Graham also has tough thick skin, his knee joints rotate 360 degrees and his feet and ankles are built to survive being hit by a vehicle.  If you want to learn more about Graham and the project go to the link: Meet Graham

If you haven't evolved to survive a car crash and were injured in a car crash, please call Portland Oregon Personal Injury Attorney Jeremiah Ross.  Ross Law LLC is happy to provide you a free personal injury consultation.  Please call 503.224.1658 for your free personal injury consultation.