Ross Law Has Been Busy Fighting on Behalf of Eastern Oregonians

We are often asked if we represent clients that live outside of the Portland Metro Region. The answer is yes! In the last year Ross Law PDX represented Eastern Oregonians in the following cases:

1. Jeremiah Ross represented a man that was brutally assaulted while in the custody of law enforcement officer in Milton-Freewater Oregon. Ross Law filed a lawsuit in Federal Court alleging 28 USC 1983 claims for the violations of the victim’s civil rights and state law claims, including negligence. The case resolved after filing the lawsuit.

2. Jeremiah Ross represented a client from an Eastern Oregon town in a patient safety case. The client went to a medical provider who negligently performed a procedure. The provider’s negligence fractured the client’s ribs. Ross Law attempted to settle the malpractice claim with the provider’s insurer. The chiropractor’s insurer failed to make a reasonable offer. Ross Law filed a medical malpractice lawsuit on behalf of the man against the medical provider. The insurance company then promptly settled the lawsuit for virtually every penny that was asked for, plus costs and attorney fees.

3. Jeremiah Ross has represented multiple people who have been ripped off by car dealers in Pendleton, Hermiston, and Ontario, Oregon.

4. Jeremiah Ross and another law firm represented a truck driver who was severely injured at a loading dock near Nyssa, Oregon . The truck driver was walking through the loading area when a fork-lift violently struck him and dragged him for several feet. The crash caused serious injuries to the man’s chest, low back, and knees, pelvis, feet and shoulders. We alleged the forklift driver wasn’t properly trained, supervised, and was not following the law. The matter was initially set for trial, but the parties chose to proceed in private arbitration after the Court re-scheduled the initial trial date. The arbitrator awarded our client a significant amount of money.

Ross Law is also currently litigating a wrongful death case in Umatilla County. If you are an Eastern Oregonian who needs legal representation in a personal injury case, wrongful death case, civil rights case, or a auto fraud or lemon law case, call Jeremiah Ross at 503.224.1659. Please call Ross Law PDX for your free case evaluation. If we are unable to assist you with your legal matter we are happy to attempt to find someone that is able to. Please remember this blog post could be considered ATTORNEY ADVERTISING.

The Snow Is Coming! Things To Know if You Are In a Car Crash In the Snow.

Virtually the entire of State of Oregon is under a winter storm warning at this time. Forecasters are doing their best to predict how much snow is going to be on the ground when we all wake up tomorrow. It is no secret that the folks in the Willamette Valley, Portland, and the Metro Area struggle with driving in the snow. Portland and the Metro area grinds to a halt usually when there is a threat of snow. People abandon their vehicles, cars slide off the road, cars also slide into each other and into pedestrians. This can result in serious and catastrophic injuries to people involved in these crashes. Oregonlive has posted some great driving tips for people that will venture out in the snow. However, what do you do if you are involved in a crash in the snow?

At the Scene: Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card. Photos of the scene are important in snow and ice crashes, because many times the parties will dispute what caused the crash. Also, have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If it is safe enough to move the car to the side of the road do it AFTER you take a couple of photos of the crash scene. Moving the vehicle permits traffic to flow through and will permit an ambulance, police officer, or other emergency responders to get to the crash if someone is injured.

If You or Someone Is Injured in the Crash and Needs Immediate Medical Attention: Call 911 if there is an injury and relay what the injuries are.

Seek Medical Care: Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. 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. The sooner the better. From a medical standpoint, you may be harming yourself if you wait to seek treatment. From a legal standpoint, insurance companies will likely give your claim less value if there is a “gap in treatment.” Insurance companies will not accept the justification that the snow prevented you from seeking treatment. This means you will likely have to fight harder to obtain maximum compensation for your losses and pain and suffering.

Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP. Here is a link to the form: DMV Accident Form.

If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days. I advise reporting the matter to law enforcement as soon as possible. This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.

Pro Tip: Call A Personal Injury Lawyer at 503.224.1658: Calling Ross Law PDX won't cost you anything to chat, and you can learn about what you need to do next.

Please be safe out there. Please remember that as an Oregon Personal Injury lawyer, Jeremiah Ross may be able to help you obtain maximum compensation for your personal injuries caused in the snow. The roads are still treacherous and there is more snow and ice on the way. Please do not hesitate to call if you have any questions. Please remember this blog and web-site may be considered attorney advertisement AND IS NOT CONSIDERED LEGAL ADVICE. REMEMBER ALL SITUATIONS ARE DIFFERENT, and this post is merely a guide.

Jeremiah Ross Mentioned In August Portland Monthly Magazine

As previously mentioned, Jeremiah Ross was selected as a Superlawyer in the Personal Injury Category. Jeremiah Ross was mentioned as a personal injury superlawyer in the August 2018 edition of Portland Monthly Magazine.

If you or someone you know need an Oregon Personal Injury lawyer, call Jeremiah Ross at 503.224.1658. Ross Law PDX is always happy to provide free case evaluations for personal injury clients throughout the state of Oregon.

E-Scooter Injuries Are a Significant Concern for Portland

E-scooters have taken Portland by storm. It is only a matter of time before Ross Law PDX represents an individual injured on an e-scooter operated by Bird, Lime, or Skip. Recent articles have noted the frequent and alarming number of injuries on e-scooters. Some of these injuries are caused by operator error, some are caused by driver’s failing to pay attention to the riders, some are caused by the e-scooters failing to operate as they should. Some of these injuries can be catastrophic and one person has already been seriously injured on an e-scooter in Portland. This should concern all of us in Portland, as the nuisance of e-scooters is one thing, but injuries and fatalities are unacceptable.

As you may imagine, the courts and regulators are going to have to sort out the mess created when a person is injured or killed in an adverse incident involving an e-scooter.

If you or someone you know has been injured in a crash or accident with an e-scooter, please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide a free case evaluation for personal injury clients.

PUT THE PHONE DOWN! Penalties for Using Your Phone and Driving Are Increasing

I have written a few articles on the dangers of texting and driving.   Last year bills were passed in Oregon that were intended to curb the distracted driving epidemic.   The new law closed a loophole regarding texting and driving so that it prevents people from driving with a mobile device in their hands.  More importantly, the Oregon law raised the penalties for people that can't resist the urge to use their mobile device while driving a vehicle. 

The new law takes effect on July 1, 2018, and will subject some violators to a fine of up to $2,500.00 and six months in jail.  More specifically if a habitual distracted driver is convicted of three offenses in ten years they will face a fine of $2,500.00  and six months in jail. First-time offenders are looking at a minimum of a $130.00 fine.   (Click here to read more on distracted driving penalties.)

It is a no-brainer that it is unsafe to use a mobile device and drive, but people still do not get it.  People know that distracting driving kills people.  People know they can be fined.  People also know that personal injury lawyers like myself will use the civil justice system to hold distracted drivers accountable.  However, drivers continue to use their mobile devices while driving.  Hopefully, this new law will help pound it into people's heads that distracted driving will not be tolerated.  It is simply too dangerous. 

If you, or someone you know, has been involved in a car crash with a person that was using their phone while driving, call Portland personal injury lawyer Jeremiah Ross.  Ross Law PDX offers free case evaluations to persons injured in car crashes on Oregon's roads.   Please do not use this post as legal advice, as the law is constantly changing. Please consult with a lawyer if you are involved in an incident involving distracted driving.  Please remember this blog may be considered ATTORNEY ADVERTISING.

5 Things To Know about Medical Debt and Bill Collectors

Many of my personal injury clients tell me they would have never sought the help of a lawyer if the at-fault person (bad driver, building owner, negligent business) would have simply paid their medical bills.  Medical bills can quickly spiral out of control and it seems that there is no way to ever pay them off.   Thankfully personal injury lawyers and consumer lawyers can often help people with getting their medical bills paid off.  Attorneys may be able to get insurance coverage for the bills, force the negligent party pay the medical bills, or work with the medical provider to accept a reduced amount.   However, sometimes that is not possible, and the debt must be paid.  In that case, there are things you should know.  The National Consumer Law Center (NCLC) has published a great article that has valuable information for anyone that is dealing with medical debt. 

Below a few highlights from the article:

1. Pay Medical Debt Last: Don't ignore it, but you may want to pay off your other debt before medical debt.  This is due to the fact that it is on the lowest priority of debt.  Also, do not take out a loan or credit card to pay medical debt.   This is due to the fact medical debt often has little or no interest in it.  Credit cards and loans have interest, so you will pay more to pay off the original debt.
2. Debt Collectors Powers Are Limited:  Many medical providers will assign your debt to a debt collector.  These are the people that call to annoy and harass you into paying off the debt.  However, there bark is often bigger than their bite.   Medical Debt is unique in that credit reporting agencies will not include it in a credit report until it is over six months old. This is important because debt collectors will often tell people their credit will be trashed if they don't pay up immediately.   If debt collectors continue to call you or attempt to contact you, you also can send them a letter telling them to stop. Federal law prevents them from continuing to contact you after receiving that letter. 
3. Medical Debt is Often Not Reported to Credit Agencies:  Often, many medical providers do not report medical debt to the three major credit reporting agencies. However, debt collectors may.
4. You Can Still Go to the Emergency Room If You Owe the Hospital Money: Federal law (Emergency Medical Treatment and Active Labor Act (EMTALA)) prohibits hospitals from turning people away from the ER due to their inability to pay. 
5. You Might Be Able to Correct the Bills:  Medical bills can contain errors.  You can work with the medical provider to correct the mistake or get the bills covered by insurance.   

The article contains a lot of helpful additional information that you should read to help you understand your rights and obligations with medical debt.  If you have incurred medical debt as a result of another person injuring you call Ross Law LLC at 503.224.1658.  Jeremiah Ross represents people that have been injured by the negligence of another and consumers.  Please note the information in this article is for informational purposes only and the law is constantly changing.  DO NOT SOLELY RELY ON THIS POST.  SPEAK WITH A LAWYER to fully understand your rights and obligations on medical debt. This post could be considered attorney advertising. 

5 Myths About Concussions & Car Crashes

Last week I attended the Brain Injury Alliance of Oregon's annual Conference.  It was fascinating to hear about the current state of the medical science from medical experts.  Most of the speakers addressed some of the misconceptions about brain injuries.  Many of these misconceptions affect people injured in car crashes and other accidents.  Brain injuries can be called various names depending on who you talk to.  Concussions, Traumatic Brain Injuries, TBI, Mild Traumatic Brain Injuries, Mild TBI, MTbi, post-concussive syndrome are all various names for brain injuries.  These brain injuries are very common in car crashes.  Concussions and Mild TBI can occur in low speed rear-end collisions.

Myth 1:  You must Lose Consciousness to have a Mild Traumatic Brain Injury (MTBI).  According to the CDC and the recent medical literature, this is flat out wrong.   A person need not lose consciousness, get "knocked out," or "black out" to have suffered a concussion.   The CDC notes, "[M]ost concussions do not result in a loss of consciousness. Not being able to remember events (amnesia) prior to, or following the injury, for a period of time is another sign of a concussion. Yet, some people simply feel dazed or confused."  

Myth 2:  X-Rays, MRIs, and CT Scans Always Show a Mild Traumatic Brain Injury. According to medical literature, this is also FALSE.  That is why many medical providers at the emergency room will not order medical imaging for people who exhibit post-concussive syndrome or Mild TBI symptoms after a motor vehicle crash.   There are various medical tests that can be administered to diagnose a concussion and MTBI, but imaging is not reliable enough to diagnose many mild TBIs.   Click here for more information.

“Symptoms of a Concussion after a Car Crash
1) Thinking/Remembering: Difficulty Thinking Clearly and remembering after the crash.
2)Physical Problems: a Headache, Nausea, Balance Problems, Blurry Vision, Feeling Tired, Sensitive to Noise and Light.
3) Emotional/Mood: Irritable, Sad, Nervousness
4) Sleep DIsturbance: Sleeping more or Less than usual.”

— Center for Disease Control

Myth 3:  Mild TBI Symptoms or Concussion Symptoms Appear Right After the Car Crash:  According to the Mayo Clinic, concussion symptoms may be delayed for hours or days after the injury.  This means that you can be in a car crash on Monday and your concussion symptoms may not appear until Friday.  

Myth 4: You Must Hit Your Head to Have a Concussion or Mild TBI:  According to the CDC's definition of a concussion/mild traumatic brain injury this is also FALSE.  The CDC affirms, "A concussion is a mild form of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head."  The "jolt to the head" portion of the definition affirms that a person does not need to strike their head, but only needs to have their head jolted.  This "jolt" is very common in car crashes.  Especially in rear-end collisions.

Myth 5:  Insurance Companies Are Aware of the Above Myths and Will Compensate You for Your Crash Caused Concussion:  This is flat out false. I have witnessed Insurance companies use the concussion myths at trial and during settlement negotiations. Specifically, Insurance companies use outdated science and medicine to try and convince people that they could not have had a crash caused concussion or MTBI if they did not lose consciousness.  Insurance companies will also claim that a person could not have a concussion if they did not hit their head in the crash.   

Insurance Companies will assert that because there is no Medical Imaging showing a Concussion or Mild TBI then it did not occur.  Insurance companies often use hired guns that are neuropsychologist to claim the person has a psychological issue that is causing the symptoms, and the symptoms are not related to the crash.  In short, they will claim a car crash victim with a Mild TBI is either malingering or suffering from a psychiatric condition causing the symptoms.   This is why it is imperative for you to consult with a personal injury lawyer if you have a concussion or mild TBI and are involved in a motor vehicle crash. 

Please call Jeremiah Ross at Ross Law PDX at 503.224.1658 for your free case evaluation.  Jeremiah Ross has experience with Traumatic Brain Injury Cases and Mild TBI/Concussion cases and will do his best to fight to get you full compensation for your crash caused injuries. Please remember to CONSULT WITH A MEDICAL PROFESSIONAL if you think you have a head injury or any other medical condition.  This post is for informational purposes only.  The definitions and medical science are constantly evolving so please keep that in mind.  

Portland's Snow Is Gone, But Crash Injuries Will Linger...

This week snow blanketed the Portland Metro area down into Eugene and Springfield.  The snowstorm also covered roads from Newport to Astoria.  Many people have become casualties of the storm due to other drivers driving too fast, following too closely, or failing to brake in time.  As a result, there are a lot of people who were in low-speed collisions that are now just starting to suffer the full effects of their injuries.  Below are a few things to remember about these crashes.

See A Medical Provider if You Suspect You Are Injured:  Many low-speed collisions cause what are known as "soft tissue" injuries in the medical field.  Some lay-people and even some medical providers refer to these injuries as "whiplash."  Whiplash is usually a type of soft tissue injury that is synonymous with a neck strain.  These soft tissue injuries occur when the force of the crash tears and stretches muscles and ligaments.  These tears and stretches are commonly referred to as strains and sprains.  

Many times people do not immediately feel the effects of these injuries.  There are various reasons for this because each person is different.  However, after a few days, the pain and discomfort usually set in.  Many people do not see a medical provider because they hope that the pain is going to go away.  In some people it does, but in many people, the pain and symptoms persist.  It is best to get examined as soon as possible.  Medical Doctors, Osteopaths, and Chiropractors can assess you and monitor your injuries. 

You Should Have $15,000.00 of No-Fault Insurance to Pay Medical Expenses:   If you have an automobile insurance policy issued in Oregon then you have $15,000.00 in no-fault insurance benefits.  This no-fault insurance has certain limitations, but it will typically cover up to $15,000.00 of crash-related medical expenses.  However, it only covers treatment for two years from the date of the crash.   These benefits are called personal injury protection benefits, or "PIP."   Read here for more PIP information. If you have insurance questions call Ross Law PDX at 503.224.1658 to speak with personal injury lawyer Jeremiah Ross.  

You Don't Have to Talk to the Bad Driver's Insurance Company:  The bad driver's insurance adjuster is going to be calling to attempt to take recording statements. The insurance lawyer will later attempt to use this statement to justify offering you a low dollar amount.  The day after the crash the adjuster will ask you if you are injured, where you hurt, and if you are going to the doctor.  If you say you are a "little sore" and later need back surgery as a result of the crash, the insurance company will to try and use this statement against you.  The insurance company will try and show that after the crash you had a minor injury that healed.  They claim something else is the cause of your injury that necessitated surgery. Click here to learn more about whether or not you need to speak to an insurance adjuster. Bottom line, if you are unsure if you need to talk to an insurance company call Ross Law PDX at 503.224.1658 for your free case evaluation.

Insurance Companies WIll Make a Low-Ball Offer Right After a Crash: Insurance companies usually attempt to capitalize on these early days after the crash.  If they fear that you may have suffered an injury they will likely try and get you to settle your case as quickly as possible before you realize the full extent of your injuries.  That means that in the next few days insurance adjusters will be hitting the phones, knocking on doors, and emailing injured Oregonians trying to lean on people to take their low-ball offers. 

Lawyers Will Represent People in Smaller Value Cases:  Many people do not call a personal injury lawyer because of two main reasons.  First, injured folks are unsure about how much a lawyer will cost.  This is not a valid concern because the overwhelming majority of personal injury lawyers will give a free case evaluation.  Most personal injury lawyers also work on a contingency fee. 

The other reason people often do not call a personal injury lawyer is that they do not think their case is large enough to warrant representation.   However, Oregon has a small case law that provides economic incentives for attorneys to represent folks in these small cases.  Without these economic incentives, insurance companies would be able to offer little, if anything, because they would be aware that the cost to pursue the case would subsume any award the client would receive.  Click here to read more about Oregon's Small Case Law (ORS 20.080)  

There are too many topics to cover in one blog post.  If you have any questions or are in need of help please call Ross Law at 503.224.1658 for your free case evaluation.  Please remember that this post is for informational purposes only and you should consult with medical professionals and attorneys.  Do not solely rely on this post.