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.

Cops are Getting Crafty To Catch People Using Phones While Driving:

Oregon outlawed using your cellular phone device while driving a few years ago.   Basically the law states that if you are going to use a phone while driving then you must use a hand's free device.  This is due to the fact that there are too many preventable crashes caused by people distracted by their phones.    In Oregon, fatalities and crashes causing serious injuries are on the rise.   You have to think that texting or using a phone while driving has something to do with this.  Law Enforcement officers are combating driving with cell phones in innovative ways.

Law Enforcement officers are now deploying interesting tactics to catch and fine cell phone users. For example law enforcement officers are using Semi-trucks so they can look down into people's vehicles to catch driver's using their cell phones.  The officers then radio for a patrol car to stop the offending texter.  Other police agencies are using under-cover pan handlers to hold signs at traffic lights.  These undercover officers then radio uniformed officers to inform the uniformed officers that drivers are on their phone.  Officers are getting pretty sneaky in an effort to keep people off of their phones while they are driving.  

Officers should not have to do this.  It is against the law in Oregon (ORS 811.547) to use your cellular phone while driving without a hands free device.   You cannot text, check emails, play angry birds, or watch movies while driving.  It is common sense. However, if a driver chooses to ignore the law regarding driving with cellular phones then they must be held accountable for any harms they cause and cited by law enforcement.    This is one of the few weapons law enforcement has to keep our streets safe.  Please drive safely and stay off the phone!

If you or someone you know has been injured by a distracted driver, please call me at 503.224.1658.  I am happy to offer a free personal injury consultation.  Please remember the law is constantly changing and law enforcement officers may not be allowed to conduct undercover activities in Oregon that take place in other states.  Please consult with an attorney, as this post is not intended to be legal advice.  This post, website, and blog could be considered ATTORNEY Advertising. 

Who Is Liable if there is a Foreign Object in Your Food That Injures You In Oregon?

I read in the paper this morning that Tyson Foods has recalled thousands of pounds of chicken nuggets because they have hard pieces of plastic intermixed with the nuggets.  These pieces of plastic are considered "foreign objects."  Foreign objects can pose a danger to people that bite into the nuggets (broken or fractured teeth) or health complications if the plastic is swallowed (choking, tears in the esophagus, damaged tissue in the gastrointestinal track).  Some of these injuries can result in serious health complications.  When those complications occur medical bills can pile up to the tens if not hundreds of thousands of dollars.   So who is responsible for paying the medical bills if there is a foreign object in your food? Who is responsible for compensating the injured person for all their harms and losses that resulted from the foreign object in the food?  In Oregon both the manufacturer, distributor, and seller may be liable.   

Oregon, like other states, has laws that are "products liability" laws to protect consumers.  ORS 30.920 is the Oregon Law that basically states a seller of any product in a defective condition, unreasonably dangerous to the consumer, is subject to liability for physical harm to the consumer if the seller is engaged in the business of selling such a product, and the product is expected to and does reach the consumer without substantial change in the condition in which it is sold.  This also applies to manufacturers.  (See ORS 30.920 (3) and Restatement (Second) of Torts Section 402A Comments a to m (1965).  What this means is the company that made and/or sold the food may be liable for the harms and losses they caused.

Oregon also has a law that prevents companies from manufacturing, selling, or delivering any food that is adultrated. ORS 616.215(1).  Having something in your food that shouldn't be in your food can be food that is adulterated (i.e. altered).  As a result, manufacturers and sellers of food may be liable to the injured person for breaking this law. 

 Other theories that may allow the injured person to hold the wrongdoers accountable are typically: Negligence and Breach of Implied Warranties, and maybe some consumer protection statutes depending on the facts.  The bottom line is if you are injured by a foreign object in your food then the seller and manufacturer may be liable.   

If you, or someone you know, is injured by a foreign object in food, then please call me at 503.224.1658.  Ross Law LLC is always happy to provide free personal injury consultations.  I also typically work on a contingency fee in these cases, so I will only be paid if you receive compensation.  Please remember the laws are constantly changing and this web-site, blog, or post should not be considered legal advice and could be considered Attorney Advertising.   Please consult with a lawyer if you have any questions about an injury you suffered and who may be liable for your injures.   Do not simply rely on this post. 

WHY YOU SHOULD OPT OUT OF SQUARESPACE's ARBITRATION AGREEMENT

If you have a square space account like myself then you may be subject to an arbitration agreement and you may have waived your right to participate in a class action if things go bad.   This is due to the fact that Square Space's Terms of Service include an extensive Arbitration Clause and a Class Action Waiver.  

Why is Arbitration Terrible for Consumers:  Arbitration is terrible for consumers because it is expensive, the rules of evidence usually favor the business, and the arbitrators know that if they rule in the consumer's favor then the business (squarespace) may not choose them as an arbitrator again.  The consumer usually only has one case to arbitrate where squarespace may have hundreds or thousands of cases.   In my experience, arbitrators will throw the business a bone on cases that are good for consumers.  Sometimes it may be a reduced award (amount of money the consumer receives) other times the arbitrator will cut the award of the consumer's attorney fees.    The big issue with arbitration can be cost.  Many people cannot afford to pay the arbitrator's fees that can be thousands and thousands of dollars.  SquareSpace chose to use "Jams"  and this means that the consumer must pay $1500.00 to open their case with Jams plus the arbitrator must be paid an hourly rate.  That is why you should OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER.

How Do You Opt Out of the SquareSpace Arbitration Agreement?  It is easy and takes two minutes at most.  Here is what Squrespace requires as of September 27, 2016 (this may change in the future):

“6.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us atarbitration-opt-out@squarespace.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and 16.6 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 16.8 (Judicial Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2 (Controlling Law). If you have any questions about this process, please contact legal@squarespace.com. ”

— SQUARESPACE TERMS OF SERVICE

That is it.  If you have any questions about arbitration agreements feel free to call me at 503.224.1658.  Ross Law is always happy to assist consumers that may have been ripped off.   Please remember this post is not to be considered legal advice and may be considered ATTORNEY ADVERTISING.  ALSO, PLEASE RELY ON SQUARESPACE'S TERMS AND CONDITIONS, as this post may be outdated.   

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.  

Do you Need to Fill Out a Form To Notify DMV if You Have a Car Crash In Oregon?-Link to DMV Form Attached

My wife and I were driving home yesterday on Mclaughlin Blvd near Holgate when we saw this:

All Three Cars In Crash Should Fill Out DMV Form

This was a three car rear end collision.  The vehicle in the back received the brunt of the damage.  Everyone looked as if they did not have any immediate serious injuries, and there was not any emergency personnel on scene.  This is exactly the type of crash that one driver may not report to the Oregon DMV, because they didn't think it was serious enough.  Most likely the driver in the car in the front, would not think to report the collision because their car had minimal visible damage.  However, this may be a mistake because the rear car was likely towed from the scene and had more than $2500.00 of property damage.  The information below should be useful to people like those involved in the crash above.

“DRIVERS INVOLVED IN CRASH MUST FILL OUT THE OREGON TRAFFIC ACCIDENT AND INSURANCE REPORT IF:
1: Damage to your vehicle is over $2500.00
2: Any person is injured (even minor injuries)
3: Any person is killed
4: Damage to any person’s property is $2500.00
5: Any vehicle has damage over $2500.00 and any vehicle is towed from the scene because of crash.”

— Oregon Department of Motor Vehicles

The DMV Accident and Insurance form is very self explanatory.  A link to DMV form 735-32 is here:

Do I Have To Fill Out the Insurance Information?  Yes, it is important to do so.  If you do not fill in the Insurance Information on the DMV form the DMV may consider you uninsured.

Where Do You Mail the DMV Form? After completing the DMV Accident Form you MUST Mail or FAX the form to Accident Reporting Unit, DMV, 1905 Lana Ave NE, Salem OR 97314.

Can I Fax The Accident form to the Oregon DMV?  Yes, as of today's date the fax number is 503-945-5267.

Can I Deliver the Form to a DMV Office?  Yes.

Do I Use the same DMV Accident Form (735-32) if I was driving a Commercial Vehicle?  Yes, but you also must fill out and file DMV Form 735-9229 (Motor Carrier Crash Report) within 20 days of the commercial vehicle crash.

If you, or someone you know, has been in an Oregon Car crash call me at 503.224.1658.  Ross Law is happy to address any questions you may have regarding the Oregon Accident and Insurance form.   Please remember the links and the law regarding forms are constantly changing.  PLEASE CALL A LAWYER and DO NOT RELY SOLELY ON THIS POST.  This post, this blog, and this web-site may be considered Attorney Advertising. 

Is It Difficult to Become an Oregon Lawyer? Oregon Bar Exam's Historically Low Pass Rate

People often ask me if it is difficult to become a lawyer.  I really did not think it was that difficult to become a lawyer, it just took a lot of hard work.  The work was manageable and similar to someone that is working long hours or two jobs.   However, there is also the Bar Exam. Bar exams are the State's crucible meant to see if you have what it takes to become a lawyer.  The test seems to be difficult for many people and was not easy by any means.  Having taken both the California Bar Exam and the Oregon Bar Exam.  I have a unique perspective on the Oregon bar exam. 

Bar Exams are difficult multi-day tests that involve questions on various areas of law.  In California it was a three day test and in Oregon it was a two day test.  These test take an enormous amount of time to prepare for and they are expensive to take.  After passing both exams I am not sure they should be a requirement to practice law, but the politicians/lawyers apparently find some value in the test so here we are.

My suspicions on the value of the test were confirmed this Summer when the July 2016 Oregon Bar Exam results came out.  The Oregon State Bar Website notes only 58% of the people that took the Oregon Bar Exam passed it.  This is a historic low bar passage rate.   You have to wonder why the pass rate was so low.   I was always told that if a few students failed a test it was a problem with the students, but if numerous people failed the test then it is a problem with the test.   I think that may be the issue here, but apparently their is a trend of low bar passage rates around the Country.  

Could this be because portions of the test are standardized by Corporations?  Could this be that Law Schools are doing a lousy job preparing students to take the Bar Exam?  Could this be that the States are increasing standards to keep lawyers from flooding into a particular state.   I don't know the answer to these questions but I am sure there are some savvy law students that are eager to investigate these issues.

Congratulations to all of the people that took the Oregon and California Bar Exams.   

Jeremiah Ross

Should I go to the Doctor if I was in a Car Crash and Will it help my Personal Injury Case?

As an Oregon Personal Injury Lawyer, I often get calls from people that have just been in a car accident.  Some people do not go to the Emergency Room or Hospital right away.  Some people do not.   Many of the people that do not go directly to the Emergency Room will often ask "Should I go to the Doctor?"   That is not an easy question to answer because I am a lawyer, not a doctor.  As a result I have to defer to the professionals, the health care providers.

However, if you think you may be injured you should immediately see a health care provider.  If you are sore and the pain is getting worse, you should see a health care provider.   If you have any doubts about whether or not you are injured, GO TO THE DOCTOR!   It doesn't hurt.   This is important for many whiplash or soft tissue injuries, because it is my understanding they can actually get worse with time.  Also, there may be a slipped or herniated disc that may not develop symptoms immediately after the crash.   If you think you are injured see a doctor and get checked out to determine the extent of your injuries.  

Who Pays for the Doctor's Visit? If  you are in a car crash in Oregon You have Personal Protection Benefits (PIP), that will cover up to $15,000.00 of medical expenses incurred from one year from the date of the crash.  What this means is that "I can't afford to go to the Doctor" is not an excuse for not seeking medical treatment if PIP is available.   You pay for those benefits, so you should use them. 

Will going to the doctor help your personal injury case?  It depends, but typically yes.   Insurance adjusters need to document their file to substantiate any offer or decision they make.  If you make a claim for damages and you don't have any documentation regarding your injuries, the insurance adjuster will be pretty reluctant to offer you full compensation for your injuries.  This is because the insurance company does not have any medical evidence to justify an offer they give you.  

The bottom line is, remember most lawyers are not doctors.  If you think you are hurt or need to be checked out by a medical professional SEE A DOCTOR or medical professional!  

If you need a lawyer CALL ME at 503.22.1658 for your free personal injury consultation.  Ross Law LLC is happy to discuss your personal injury case with you and give you the details regarding your Personal Injury Protection benefits.   Please remember I AM NOT A DOCTOR!  This is not to be considered legal advice or medical advice.  If you think you need a doctor then please see a medical professional.   Please remember this blog, this post, and this web-site may be considered ATTORNEY ADVERTISING!