Reimbursement for Transportation to Crash Related Medical Appointments?

Here in Oregon we are fortunate to have Personal Injury Protection Benefits, or "PIP" benefits.  PIP benefits are no fault auto insurance benefits that allow people that are in car crashes to receive up to $15,000.00 to cover crash related medical expenses.  (Click here for a more detailed explanation of all PIP benefits and limitations).   Although the law mandates Oregon Auto Insurers to provide PIP benefits, it is not always clear exactly what are crash related medical expenses.  More specifically, does an Oregon Auto Insurance policy provide benefits to reimburse a person to travel to medical appointments?  Oregon's Supreme Court recently said no.  PIP benefits do not include transpiration costs to receive medical benefits.  

This is a blow to injured people in Oregon that rely on these benefits, and especially rural Oregonians.   This is due to the fact that folks living in urban areas have easy access to medical care.  However, people living on the Oregon Coat, in Southern Oregon, Central Oregon and Eastern Oregon may have to travel hours to see a medical specialist and even stay in a hotel.   Unfortunately, Oregon's Court did not find that argument compelling.

The Oregon Supreme Court  addressed the issue of whether or not medical transportation is reimbursable under Oregon's PIP law, ORS 742.520 (1).  In Dowell v. Oregon Mutual Ins. Co. 361 Or 62 (2017),  the court analyzed the 2007 PIP statute which notes Oregon Auto Insurance Policies must have a provision that that covers:

"All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such expenses of the person.” ORS 742.524(1)(a)

It is important to note, the law has since changed to allow services for two years after the date of the person's injury.   However, that did not effect the court's analysis in this case.   The court determined ORS 742.524 did not intend expenses for ordinary transportation to receive medical treatment or to obtain medication .  Again this is not good news for injured Oregonians and we can only hope for a legislative fix.   

All hope is not lost though.  You may still be able to recover transportation costs to medical care from the at-fault driver.  If you or someone you know has questions about your PIP benefits please call Jeremiah Ross at 503.224.1658. Ross Law LLC is happy to give you a free telephonic case evaluation.    

Also, remember the law is always changing.   Please rely on the text of the Court's decision and not solely on this post. Also, remember to rely on the current statute as the legislature is constantly changing the laws.   Lastly, this post is not intended to be legal advice and is for informational purposes only.   This could also be considered legal advertising.   

Superlawyers Recognizes Jeremiah Ross as a Personal Injury Rising Star Again!

Superlawyers selected Jeremiah Ross as a personal injury rising start for 2017.  This is the second year in a row Jeremiah Ross has been selected by Superlawyers as a Rising Star in Personal Injury cases.   According to Superlawyers the Rising Star selection is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Oregon receive this distinction.  

Jeremiah V. Ross

Selected in 2017 Thomson Reuters

According to Superlawyers, "Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys."

If you would like to have a free personal injury case evaluation by Jeremiah Ross call Ross Law at 503.224.1658

A dangerous day for driving ,SNOW and the Superbowl:

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

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

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

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

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

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

The Dreaded Arbitration Clause- A Brief Explanation

Many of my consumer cases hinge on the dreaded arbitration clause.  Businesses often bury arbitration clauses in fine print, in difficult to understand language, and the business rarely advises a person they can opt out of the arbitration clause.   With that said,  you are probably wondering, what is the big deal with arbitration clauses?   

The big deal:  Arbitration Clauses strip you of your right to a jury of your peers.  Here in Oregon the vast majority of arbitrators are white males who have been practicing law for decades and decades.  Many of the arbitrators do their best to see things from both sides, but they typically are pretty hard on consumers that have signed things like "As-Is" disclosures or other agreements.  They do this because they are seeing things through the eyes of a lawyer and not a typical consumer who might be on the Jury.   Consumers see things from a real world perspective and understand why a consumer may act in a particular manner.  

Another big issue is cost, many times the consumer has to pay the arbitrator thousands of dollars to hear the case.   It doesn't make sense for a consumer to pay the arbitrator $3,000.00 to preside over a dispute over $5,000.00.  Additionally, Arbitration Clauses are often coupled with Attorney Fee clauses that could make the consumer liable for the businesses attorney fees if they lose.  This can be tens of thousands of dollars. 

Consumers are also crippled by arbitration rules of procedure.  Many arbitration services tout themselves as efficient.  What this means is the rules make it difficult for the parties to gather information from each other and third parties.  This typically always hurts the consumer, because the business has all of the records regarding the product and the sale.   In a products liability case or Nursing Home case that requires arbitration the injured person will have little documentary evidence, but the Nursing Home or product manufacturer will likely have documents that support the injured persons case.   

What to do:  First try and locate the arbitration clause.  This could turn into a full time job for some folks, because many expensive products and credit cards usually are accompanied by a arbitration clause. Sometimes they are buried in the Warranty paperwork or Instructions.  If possible opt out of the arbitration clause.  Also, you can draw a line through an arbitration clause.  Most businesses don't know what to do if that is the case.  If it is an on-line agreement your options are limited, but they may be there. 

If you want more information and a recent example, check out CBS's story on Arbitration Clauses and how Samsung is using it to deprive an injured person of compensation for injuries Samsung caused. 

If you have any questions about an arbitration clause call me at 503.224.1658 to discuss your options.  Please remember Ross Law's post is not legal advice and is for informational purposes only.   Also, remember the law is always changing so who knows if Arbitration clauses may be in vogue in the future. 

What is Your Car Crash Case Worth?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ross Law and Jeremiah Ross Support the Surfrider Foundation and So Should You

The Surfrider Foundation is a fantastic organization that strives to protect water quality and local access to our beaches. I have been a member of the foundation for years.  I spent a summer working with the members of Surfrider in Washington State and worked with Coastkeeper and Surfrider while attending law school in San Diego.  Now, my practice is focused on representing personal injury clients and consumers.  However, I offer financial support to Surfrider and am looking to get more involved with the local chapter.  If you believe in clean water and coastal access, you should do the same. 

ROSS LAW and Surfrider Foundation are not affiliated in anyway.  Jeremiah Ross is a member and provides  financial support, and are not currently representing the Surfrider Foundation in any legal issues.   This post is not intended to be construed as Ross Law and Surfrider Foundation having a formal relationship with Ross Law or Ross Law providing legal services to Surfrider Foundation.

Shovel That Snow and Chip the Ice off the Sidewalk or You May Be Responsible for Fall Injuries

I had previously written an article about property owner's responsibilities in clearing ice and snow from the sidewalk.  Recently the Oregonian wrote a similar article and made a great video about the obligations of property owners to shovel snow and ice off of their sidewalks. 

“Portland: Doesn’t put a specific time requirement for owners — or occupants, such as tenants — to remove snow or other slip-and-fall hazards during other times of the year, such as leaves. But the city transportation bureau’s website urges property owners and occupants to do it “as soon as possible.”
Hillsboro: Requires property owners to remove snow and ice — or take other safety measures, such as sprinkling sand — within eight daylight hours after a storm covers the sidewalks next to their homes or businesses.
Beaverton: Requires property owners to remove snow and ice within four daylight hours of when it has fallen or formed.
Vancouver: Requires property owners and renters to clear sidewalks of snow and volcanic ash — perhaps in recognition of the 1980 eruption of Mount St. Helens.
Lake Oswego: Property owners must remove snow or ice within four daylight hours if it accumulates at night and within two daylight hours if it accumulates during the day.
Tualatin: Has one of the toughest codes around. Snow must be removed within two daylight hours of it falling, and ice must be removed withint two daylight hours of it forming “unless the ice is covered with sand, ashes or other suitable material.”
Oregon City: Says property owners and occupants are responsible for keeping the sidewalks next to them in good condition, and they are liable if someone is hurt.”

— Oregonlive.com

It is clear that property owners must keep their sidewalks and walkways safe.  If you or someone you know were injured on an icy sidewalk call me, a Portland Personal Injury Attorney, at 503.224.1658 for your free personal injury consultation.   Please remember the law is constantly changing, so please consult with a lawyer and do not rely solely on this post.  Ross Law LLC and Jeremiah Ross arehappy to discuss the law with you.  

Dealing with an Injury from an Ice Cycle and Falling Snow..

Portland Oregon's recent snow and ice is beginning to thaw.  As it does, snow and ice will begin falling from roofs, gutters, and awnings.  Falling snow and ice can be hazardous to pedestrians walking below.  Many people will not be seriously injured, but some people may be seriously injured.   Ice and snow falling on a person may cause head injuries and lacerations.  Insurance companies will often deny any person who claims to have been injured by falling snow and ice.   

What should you do if you, or someone you know, is injured by falling ice or snow:

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. Try and obtain the address of the property where the ice or snow fell from;
6. Have another person notify the property owner of the incident;
7. Take photos of the ice or snow.  Use a finger or hand next to the ice or snow to provide some scale.
8. Keep track of the medical bills
9. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.  An attorney is useful because they can notify the property owner, investigate the claim, and deal with the insurance company.  I don't charge for a consultation and work on a contingency fee in personal injury cases, so you don't have to pay for representation.

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.