Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.

Crash on Powell This Morning Was a Needless Rear-End Crash

My morning commute is often exciting.  My two kids in the back seat keep things entertaining and energetic for my wife and I.  This morning there was some additional excitement in the commute.  A car rear-ended a truck on Powell Blvd.  The vehicle occupants did not appear to have any catastrophic injuries.  However, this is a classic rear-end crash where soft tissue and whiplash-type symptoms will arise after the adrenaline subsides.  Additionally, Concussions and Mild TBI's are common with these crashes. These crashes are completely avoidable if drivers pay attention, eliminate distractions, drive at a safe distance from the car in front of them and drive at a safe speed.

If you or someone you know has been injured in a car crash in Oregon call Jeremiah Ross at 503.224.1658 for your free case evaluation.   Ross Law PDX is happy to assist personal injury clients in obtaining compensation for their injuries. BTW:  My wife took the photo while I was driving.  

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.  

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.