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…)

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…)

Truck Accident Injuries are Prevented By Ban on Cell Phones

2013 Marks the Beginning of a National Hand-Held Phone Ban Regarding Interstate Commercial Truck and Bus Drivers

As of January 3, 2013, the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a ban on the use of hand-held phones by interstate commercial truck and bus drivers. With penalties increased on individual truck drivers to up to $2,750 for each and every offense and the disqualification of the ability to operate a truck or bus if convicted of multiple offenses of the ban and penalties of up to $11,000 for trucking companies, we should hopefully see a decrease in the number of truck accident injuries going forward.� However, in Oregon, a cell-phone ban on all types of drivers was put into place in 2009, so for Oregon the new federal ban is somewhat redundant and not particularly new to the state.

Differences in the FMCSA and PHMSA Ban and Oregon�s Cell Phone Ban (House Bill 3186)

Additionally, the truck injury attorneys at Shulman DuBois LLC note that Oregon�s House Bill 3186, is somewhat different from the 2013 FMCSA and PHMSA ban in that the Oregon ban includes a few exceptions to the ban on cell phone usage that were introduced in 2011. The 2011 revisions were adopted to address some of the instances were a complete ban of cell phone usage was proving to be problematic.

Here are a few exceptional people and circumstances where cell phone use is allowed:

• Tow truck operators, vehicle assistance operators utility owned or contracted vehicles used for installations repairs, maintenance, operations or upgrades of gas, water, electricity, telecommunitions and other utility service providers
• Summoning of emergency or medical assistance if there is no one else in the vehicle capable of doing so when assistance is necessary
• Use of a mobile communication device for agricultural or farming operations.
• Emergency vehicle operators or ambulance operators
• Use of a hands-free cell phone accessory by a driver over the age of 18
• Emergency service workers or public safety workers
• Police Officers and firefighters
• Licensed amateur radio operators
• Someone deactivating or activating a mobile communication device
• Citizens or family radio service band transmissions
• Employment situations that require one-way communications with transit passengers

Get Fully Compensated for Your Truck Accident Injuries

As Oregon truck injury attorneys, Shulman DuBois LLC has seen the financial and physical devastation that a truck accident can have on victims. Just in 2011 (the most recent Oregon statistics available), the Oregon Department of Transportation reported that 1,020 truck crashes occurred that involved fatalities, injuries, and disabling damage to a vehicle. Of those 1,020 crashes, 471 were determined to be the fault of the truck�440 the fault of the truck driver.� That�s a lot of trucking accidents.

If you or a loved one has been injured in a truck accident that wasn�t your fault, remember that you do have rights. You have the right to be compensated for your injuries (medical expenses, lost wages, ongoing therapies, etc.) and in certain instances for pain and suffering as well as psychological damages. Injuries from accidents with trucks are often serious and require years, if not a lifetime, of medical care.

If you think you may have grounds to file a lawsuit against a truck driver, trucking company, truck insurance company, or truck parts manufacturer, Shulman DuBois LLC invites to schedule a free consultation. Truck injury attorneys you can count on to see that you get the compensation you deserve for your injuries, Shulman DuBois LLC are Oregon personal injury attorneys you can count on. Contact us today at 503-222-4411.

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.

A Car Accident Doctor Could Make or Break Your Case

Chris Brown Makes Headlines After Crashing His Car Trying to Evade Paparazzi

Notorious singer Chris Brown again made headlines after crashing his black Porsche into a wall while allegedly trying to evade paparazzi in Beverly Hills.� According to The Huffington Post, Brown escaped the accident without injury, and Beverly Hills law enforcement reported the accident as a �solo, non-injury traffic collision.� TMZ reported that Brown told them he was cornered by four cars, when two cameramen jumped out of two of the cars to take photos. Brown said he then tried to escape by backing his car down an alley, whereupon a chase occurred. Brown told police he lost control of his car during the chase.

A Car Accident Doctor�s Records Could Prove to be Your Best Evidence

This was not your average automobile accident, as Brown�s crash evidently did not result in injury to the singer. No news sources reported even a visit to a doctor by Brown, and he appeared to be in fine shape at the Grammy Awards, which aired live the evening after the incident. But if you are injured in a car accident, getting immediate medical attention can be important to show the insurance company when claiming damages.

While it may be tempting to neglect visiting a physician when no apparent injuries are present after an auto accident, it is wise to do so. Failing to visit a car accident doctor after a car crash of any kind could result in denial of any injury claim you might have later on.� Many times, injuries from a car accident become apparent long after-the-fact, and if found to be serious could result in extended medical care and missed work.

As one of your best resources� for proving your case should you need to file an insurance claim or personal injury lawsuit following an accident, your car accident doctor plays an important role in your ability to collect compensation from the at-fault party�s insurance provider. Therefore, seeking immediate medical attention is important any time you are involved in an auto accident. �However, if your physical condition doesn�t require emergency treatment, it is reasonable to visit your personal physician the day after the accident; but you should see your personal physician or a car accident doctor as soon as possible.

Some helpful things to remember when visiting a car accident doctor include the following.

• Alert your doctor that you were in a car accident when you make your appointment.
• Ask him or her to perform a complete physical.
• Make sure you tell your car accident doctor if you are having pain, particularly if you are experiencing head pain. If you are having head pain, request an MRI.
• Take along a copy of your medical history if the doctor you choose to visit isn�t your regular physician for examination of any pre-existing injuries you might have to determine whether or not these injuries intensified because of the car accident.
• Retain copies of all medical exam results and bills.

Remember, if any accident results in injury or death, the Oregon DMV requires that you report the accident. Even if a police report is filed, you need to report your accident to the DMV or you may lose your driving privileges. An Oregon DMV Accident and Insurance Form can be found and downloaded on the DMV�s website or you can visit a local DMV office to report the accident. Having a medical evaluation and properly reporting your accident to the Oregon DMV is a good beginning to any insurance claims or personal injury claims you might anticipate. Once these tasks are complete, if you think you might be eligible to file a lawsuit against the at-fault party for injuries that have caused you great financial loss, contact an experienced Oregon personal injury lawyer for assistance.

Contact Shulman Dubois LLC for a Free Consultation

The personal injury lawyers of Shulman DuBois LLC is a law firm that deals exclusively with personal injury law. With years of success in representing car accident victims, we invite you to contact us for a free consultation of your case.

Civil Litigation: Car Accident Lawsuits

�Car accidents lawsuits are a common occurrence for many people who have been involved in a major automobile accident.� First and foremost, it must be said that if at any time you feel your car accident claim may go to court, or that you need help in settlement negotiations, you will need to seek the assistance of a qualified personal injury attorney.� These specific attorneys are the best kinds of professionals that can assist you with the legal process and file your civil complaint in a court of law.

Car accidents lawsuits fall into the category of civil litigation lawsuits.� While car accidents are a common occurrence in the State of Oregon and across the country, many people are unfamiliar with the process of civil litigation when it comes to their car accident claim.� Once you can understand the process of civil procedure, you can have more confidence in your ability to take your claim to court with the help of an attorney if it is ever required.

Defining Civil Litigation

Civil litigation is a legal dispute between two or more individuals that would seek to award monetary damages or require specific actions rather than to lay down any criminal punishments.� An attorney who is highly experienced in civil litigation is typically known as a trial lawyer or a litigator.� These attorneys usually represent individuals or entities in mediations, arbitrations, hearings and trials.

There are several types of civil litigation due to the fact that civil litigation encompasses a diverse array of legal disputes. When you speak with a civil litigator, you will want to ensure that they specialize in your particular claim type as most litigators tend to specialize in one or two specific practice areas. �These practice areas may include environmental law, products liability, personal injury, medical practice, landlord/tenant disputes and many more.� If you�ve been involved in a car accident, you will most likely want to retain the services of a personal injury lawyer.

The Civil Lawsuit Process

As a plaintiff in a car accident lawsuit, under civil law, you will be required to substantiate your claim.� A personal injury attorney specializing in car accident lawsuits will be able to help you in this task through the use of expert witness testimony and methodological techniques for gathering documentation and evidence.

To start the civil suit after your car accident, you will need to first file a complaint with the court.� This complaint will need to detail all required information that would justify the suit.� As soon as the court accepts the complaint, the court will issue a summons to the defendant/s.� They will be required to file a response within 30 days.� The next phase of the civil suit will be the discovery phase, in which the parties will exchange documentation and information.� In the end, the goal will be to obtain a settlement that is obtained either through the determination of the court, or through settlement negotiations which may begin at any time during the process.

Car accident lawsuits can be very complicated, and it takes more than just a simple explanation to really understand the process.� In order to get the assistance you need, contact a car accident lawyer today.