Little Known Law Creates Injustice for Workers Injured on the Job

�Whatsoever you have done unto the least of these men, you have done it to me.�

I learn new things every day. Today I was taught something by a 25-year-old man with broken bones in his back who has required three surgeries so far. His medical bills are about $500,000 so far, and he’s not done yet. He was driving his car when he was hit by a snowplow that was driving in the wrong lane. It’s an open-and-shut case. But not the way you think.

This is a story about Workers� Compensation and the Oregon Tort Claims Act. Quick background first: Workers Compensation insurance will pay your medical bills (and a small amount for any permanent disability) if you are hurt while on the job, and it doesn’t matter who’s fault it is. Your employer has been paying the insurance premiums for this. In return, you are not allowed to sue your employer for your injury.

The Oregon Tort Claims Act allows you to sue the state of Oregon (and cities, counties, municipalities, etc.) if a public agency or employee negligently injures you. But tort claims have some conditions, some traps. For example, even though the statute of limitations in Oregon is supposedly two years, if you sue the state you have to get a “tort claim notice” to the entity you are going to sue within 180 days of your injury. Or you can lose your claim forever. (more…)

Do Gaps in Treatment Lead to More Injury Trials?

One of the duties of a lawyer is to tell people the truth, even when it hurts. To tell people that their actions, however well-intentioned and justifiable, may have certain unfair consequences. No lawyer enjoys it, but it is part of our job. So don’t shoot the messenger.

Let me give you an example of one such hard truth.

We got an email recently that I wish everyone would read when they get into an accident. The email was from a woman who was rear-ended and suffered a whiplash injury, which outlines her experience with a personal injury case. She did not go to doctors’ appointments constantly for two very good reasons: first, her physical therapist suggested she continue with home exercises for a while, which she did, and so she had a “gap in treatment” while she exercised at home; second, her husband had recently been diagnosed with Parkinson’s Disease, which understandably took up a lot of her time and may have seemed more important at times than her neck pain.

This happens all the time: An honest, well-meaning person, for completely understandable reasons, gets intermittent and inconsistent treatment for very real injuries. This is referred to as a �gap� in treatment.

Here’s what happens next: the insurance company suspects the person of fraud, or of exaggerating her symptoms, or of simply being a hypochondriac/whiner. And so the settlement they are willing to offer goes way, way down. A big gap in treatment can reduce your settlement by a lot more than you would think.

The insurance company’s argument sounds reasonable: “If you were really hurt, you would be getting treatment regularly. If there is a month-long gap between treatments, how do we even know that this new treatment is related to the car crash? Maybe you fell down your steps in the meantime.” (more…)

Oregon to Participate in Distracted Driving Awareness Month

The National Safety Council has designated April as Distracted Driving Awareness Month and has challenged drivers to go online to the Council�s website and sign a pledge promising to refrain from cell phone use (texting or talking) while behind the wheel during the month of April.� Oregon car accident attorneys at Shulman DuBois LLC encourage drivers in Oregon to participate in this nationwide effort, and hopefully come to the realization that cell phone usage while driving isn�t necessarily as important as some people might think. Waiting those few minutes required to get to where you are going before using a cell phone could save your life or the life of another � a practice well worth the safety benefits gained. (more…)

Portland Accident Lawyers are Familiar with Compound Fractures

Open Fracture Recovery Can Mean Extended Time Away from Work and Large Medical Bills

Seen frequently in the aftermath of a car collision, open fractures (also referred to as compound fractures) that do not heal properly or become infected require a significant amount of medical treatment over an extended period of time�meaning such an injury can result in an extended time away from work and the accumulation of large medical bills that may challenge your budget.

Negligent car accidents that result in injuries like open fractures that leave victims unable to work, in need of extensive medical care, or even disabled due to complications may be entitled to financial relieve through the filing of a personal injury claim against the at-fault driver (or in reality the at-fault driver�s insurance company) who caused the injury.

While your insurance company as well as the at-fault driver�s insurance company will seem helpful enough, remember that insurance companies are notorious for paying out as little as they can possibly get away with when it comes to injury compensation. In addition, when dealing with the at-fault driver�s insurance company, keep in mind that the obligation of the insurer is to the person they insure, not you. Consequently, any offer they make to settle that hasn�t been vetted through your own Portland accident lawyers is probably too low.

In fact, it�s probably a good idea to consult with qualified Portland accident lawyers before providing a statement to the insurance adjuster assigned to your claim. However, if you do find yourself communicating with an adjuster about your accident without the presence of an accident lawyer, here are some suggestions about how to handle that interview. (more…)

Typical Injuries from Truck Accidents

As truck accident lawyers, Shulman Dubois LLC can verify that truck accidents are among the most devastating of vehicle accidents, resulting in injuries and financial difficulties almost unimaginable. But, when a truck encounters a train, you are talking about an entirely different kind of devastation.

Typical Injuries from Trucking Accidents

With the many trucking regulations and requirements imposed on truck drivers and trucking companies, trucking accidents, while dangerous, still happen less frequently than car accidents. However, when a truck accident does occur, injuries are typically serious and include:

• Traumatic brain injuries
• Spinal cord injuries
• Burns
• Broke and crushed bones
• Paralysis
• Life-long disabilities
• Death

Marion County Truck/Train Accident Sends Driver to Hospital with Serious Head and Leg Injuries

Friday, March 8, 2013: A 56-year-old driver of a tractor-trailer rig failed to yield to a freight train and was hit, destroying his truck and causes serious injury to himself.� Taken to Salem Hospital for head and leg injuries, the driver�s condition was not available when Oregon Live reported the story.� The Portland truck accident lawyers at Shulman DuBois wish the driver a full recovery of his injuries.

The driver of the truck was leaving a loading dock on Brooklake Road North when the accident occurred. As a result of the incident, a minor diesel and fertilizer spill (the truck had just been loaded with 35 tons of ammonium sulfate fertilizer) occurred resulting in the blocking of Brooklake Road North for several hours. According to Marion County deputies, the impact of the train on the truck totally destroyed the truck with pieces of the truck scattered over a wide area.

While this Marion County truck accident appears to have no ambiguity as to who was at fault, many trucking accidents require extensive investigation to determine who should ultimately be held financially responsible for the injuries incurred in a trucking accident. Consequently, if you are trying to collect damages on a trucking accident, you will need legal assistance from Oregon truck accident lawyers who have the resources and expertise to conduct the extensive investigation required.

Collection of Damages for a Trucking Accident Needs the Assistance of Experienced Truck Accident Lawyers

Fortunately, for safety reasons, the US government has established federal laws to govern the trucking industry (Title 49 of the Code of Federal Regulations) as well as put agencies in place to assure that truckers are well-trained and comply with a wide-array of regulations and restrictions, including the Federal Motor Carrier Safety Administration (FMCSA) and the US Department of Transportation (USDOT). However, these same regulations and agencies make it challenging to collect damages from a trucking accident�thus, requiring assistance from experienced trucking accident lawyers when you need to file an accident claim.

At Shulman DuBois LLC, you�ll find the expertise of truck accident lawyers you want if you are trying to file a truck accident insurance claim or lawsuit. We not only have the resources to conduct the extensive investigation a trucking accident requires, but we also have experience dealing with the agencies and regulations that govern the trucking industry.� If you have been injured as a result of a trucking accident and need legal representation or advice, we invite you to contact our attorneys for a free evaluation of your claim.

Drowsy Drivers Responsible for Up to 33% of Fatal Car Accidents

According to a 2013 Centers for Disease Control (CDC) report, one in twenty-four drivers in the US stated that they recently fell asleep while they were driving�an alarming statistic. Even more alarming is that according to the same study, health officials believe that the one in twenty-four figure could be higher because many drivers aren�t even aware that they occasionally nod off for a couple of seconds while driving. Most common among young adults, who tend to get insufficient sleep on a regular basis, driving while drowsy is estimated to cause as many as 33% of the fatal car accidents that occur annually. With statistics as high as these, car injury attorneys often have to question whether or not the car accident cases they handle for clients could have been the result of a drowsy driver.

Astoria Women Dies After Falling Asleep at the Wheel

In fact, we saw the results of a sleepy driver earlier this week when a 26-year-old mother of two veered off� Highway 401 near Astoria and crashed into an alder tree. This accident resulted in the death of the woman, and left her two small children, ages 2 and 4, to survive a frigid several hours until the wreck was discovered by a couple of fisherman. According to the Star Telegraph, after dragging her little sister to safety, the heroic 4-year-old was able to keep herself and her sister warm until help arrived. Both girls were taken to an Astoria hospital, where the four-year-old was released and the two-year-old was airlifted to a Portland hospital. No reports of the extent of injuries sustained by the younger sibling have as yet been released.

As Oregon car injury attorneys, we see the tragic consequences of careless drivers daily, and our sympathy goes out to this family.

Resulting in slow reaction time and less-than-attentive and inhibited decision-making abilities, sleep deprivation affects drivers more-often during the night and midafternoon�the tragic one-car Astoria accident is thought to have occurred around midnight. While the CDC reported that most accidents caused by sleep deprivation involve a single vehicle, it also noted that �head-on collisions and rear-end collisions were disproportionately caused by tired drivers� and were �more likely to cause injuries and fatalities than incidents not involving sleepy drivers.�

Accidents caused by Drowsy Drivers Can Result in High Economic and Personal Cost

A drowsy driver accident can result in high economic and personal cost to both those injured in the accident as well as the at-fault driver. Settlements are not uncommon for crash victims as well as their families as a result of personal injury lawsuits filed against individuals and companies whose employees are involved in a drowsy driver accident.� In the case of a death, criminal charges may even be filed against the at-fault driver depending upon the circumstances of the accident. If you or a loved one has been injured in Oregon in a drowsy driver accident and need legal assistance, our Oregon car accident lawyers will see that you receive all the compensation you are entitled to.� Contact us today for a free consultation concerning your injury claim.

Bulging Disk Settlement: Compensation for Expensive Medical Treatment

A bulging disk can cause severe, debilitating and prolonged pain. These injuries are often the result of an accident like an automobile accident, a slip and fall incident, or work-related event. A bulging disk injury may require surgery, physical therapy, pain medications, oral steroids, or epidural injections to treat�an often expensive remedy. If you suffer from a bulging disk injury as a result of someone else�s actions, you may be able to recoup any monetary loss through negotiation of a bulging disk settlement with your insurance provider or the insurance company of the responsible party. A personal injury lawyer can advise you of the likelihood of collecting damages for your injury and help you calculate just how much compensation you deserve.

The actual amount you might gain from a bulging disk settlement depends on a variety of factors, including the severity of the injury, the cost of treatment, the degree of liability on the part of another, prior back injuries, and prior claims that you have filed (back related or not). A bulging disk injury can result in lifelong pain, permanent injuries, and costly medical treatment, sometimes impairing an individual to the point where he or she cannot work or must switch jobs to compensate for the injury.

Just Exactly What Is a Bulging Disc?

Often referred to as a herniated disc, a bulging disc is a medical condition that affects the sponge-like, oval-shaped cushion between your vertebrae. Functioning as shock absorbers for the spine, discs are made of a fibrous outer layer of tissue that encases a gel-like center. The Mayo Clinic�s website describes discs as resembling a miniature jelly donut, to give you an idea of what one looks like. Contributing to flexibility of the back and protection of the spinal cord, disc damage needs to be treated so as to avoid nerve root impingement or irritation that could result in numbness, muscle weakness, traveling pain, tingling and other disabling symptoms.

About ten percent of those who have a bulging disk diagnosis undergo surgery. An often costly procedure with the possibility of an extended recovery period, surgery is recommended only for those who have worsening nerve damage, severe numbness, severe weakness, or pain that cannot be controlled with nonsurgical treatments. The sooner you receive medical treatment after an accident where a back injury was sustained that could led to a bulging disk, the better in terms of both your physical well-being and your ability to negotiate a bulging disk settlement agreement to cover the cost of any future medical assistance you may need.

A bulging disk injury is often associated with pain in parts of your body other than your back. Since the bulging of the disk presses on spinal nerves, you can conceivably feel pain in almost any part of your body as a result of the condition. Consequently, it is wise to always have yourself checked out by a physician following any kind of accident that involves a potential back injury. Don�t think that just because you feel okay after the initial incident that all is well.

Portland Car Accident Passengers Should Have Sought a Medical Evaluation

A case in point, just a couple of days ago, The Oregonian reported a single-car accident that occurred in Portland, in which a young woman died after the car she was riding in hit a tree. According to the article, two other passengers were reported to have not required medical attention. While we hope that the two other passengers were truly uninjured, our belief is that medical attention should have been sought. A car crash with an impact severe enough to cause a death definitely warrants a medical exam of anyone traveling with the victim. As experienced Portland personal injury lawyers, Shulman DuBois LLC would encourage anyone involved in an accident of any kind to seek medical evaluation.

Contact Shulman DuBois LLC for Bulging Disk Settlement Negotiation Representation

If you or a loved one has sustained a back injury or been diagnosed with a bulging disk after an accident and require legal assistance with negotiation of a bulging disk settlement, Shulman DuBois LLC invites you to contact us for a free evaluation of your claim. With years of experience negotiating insurance settlements and lawsuit settlements, the lawyers at Shulman DuBois LLC are Portland personal injury lawyers you can depend on to see that you receive the compensation you are entitled to.