Archive for the ‘Personal Injury Process’ Category

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What Should I Do When My PIP Runs Out?

Posted by Sean DuBois on Thursday, April 3, 2014

If youve been injured in an Oregon automobile or some other kind of personal injury accident, you may have to rely on your personal injury protection (PIP) insurance to cover your medical bills until the insurance details are all sorted out. This can become quite stressful for victims and their families, especially if the injuries are severe, which could see the coverage provided by your PIP exhausted in a relative short period of time.

What can you do once your PIP run out? There are a number of steps you can take to ensure continuity of coverage once you have reached the limits of your PIP coverage. Its important to follow these steps carefully, however, to be prepared when the time comes that your PIP no longer takes care of the mounting medical bills. (more…)

Help! I Crashed Someone Else’s Car – Will Insurance Cover this?

Posted by Sean DuBois on Tuesday, March 25, 2014

People often contact an Oregon car insurance attorney when they have been in an accident in which someone got injured. Thats common enough. However, considerable confusion and anxiety are often the byproducts of an accident where either the person driving the car didnt own it, or the owner of the car had loaned it to a friend, and the friend caused the accident. What happens then?

The insurance company for the person who is driving should cover damages first

Lets say your friend calls and says his car is in the shop for repairs. He needs to get to work and wonders if he can buy your car. What should you do? The first thing is to check your own policy to see what kind of coverage is in place. The second thing is to find out if your friends insurance will cover him to drive other cars.

Liability insurance follows the driver, not the car, so if your friend has this kind of policy and is in an accident in your car, then his policy should cover any damages, not yours. Therefore, you need to check what kinds of coverage are in place for both you and your friend. These types of cover could include:

  • Liability coverage Oregon, like most other states, requires liability coverage as a minimum. This is the cover that should allow your friend to drive your car, provided your friend actually has a policy in force when you hand him the keys. Oregon car insurance attorneys recommend phoning your own insurance company to get a rundown of your own coverage features, just in case.
  • Comprehensive and collision As the name suggests, comprehensive cover will pay for all damage done, but this type of cover applies to a car and not to a person. This type of cover is also typically more expensive than straight liability coverage.
  • Other drivers Only your insurance company can tell you precisely what level of cover will be in place if you allow someone else to drive your car and an accident occurs. Oregon car insurance attorneys say there are no definitive yes or no answers, regardless of whether you have comprehensive cover in place, so its best to ask first. (more…)

Investigate a Truck Accident: Guide to Proving Your Case

Posted by Sean DuBois on Saturday, March 15, 2014

When trucks and cars collide on Oregon highways, one thing is certain and another thing is likely, but neither is good. First, the car is certainly going to lose in the battle between a 3,000-pound vehicle and an 18-wheeler with a cab that can weigh up to 23,000 pounds and which can carry a load of up to 80,000 pounds without special permission. The second thing is that injuries sustained in a car vs. truck collision are far more likely to be serious, traumatic and even life-changing, if not life-ending.

Making a personal injury claim in an Oregon truck accident is not the same as when two cars collide, and as such, its a good idea to hire a good truck accident attorney to investigate a truck accident for you. Truck accident investigations include obtaining one very important piece of evidence which most people don’t even know exists, the Driver Qualification File.

As well as claiming against an at-fault truck driver, you might also have a claim against his employer and the trucking company as well. While much of the evidence you will need to prove your case will be obtained at the scene of the accident, the Driver Qualification File (DQF), can provide information that is often quite successful in helping to win an Oregon truck accident case.

Ok, then, whats a DQF?

Federal Motor Carrier Safety Regulations require every trucking company to maintain a DQF for every driver it employs. Some of the information in these files can prove invaluable when establishing grounds for your case. Items in the DQF must by law include:

  • All employment applications
  • Driving records, including any and all accidents the truck or driver has been involved in
  • Copies of valid licenses
  • Road test results
  • Annual review records
  • Vehicle maintenance records
  • Personnel records
  • Medical certifications
  • Hours of service records
  • Alcohol and drug test results
  • The drivers employment history
  • Any recognized training certificates (more…)

Don’t Want to Go to Trial for a Personal Injury?

Posted by Sean DuBois on Tuesday, March 4, 2014

Many individuals are unclear on the difference between mediation and arbitration in the legal process. Both are alternatives for resolving disputes outside of court; however they are different processes for conflict resolution.

Mediation Defined:

arbitration, mediation, and trial attorneys

An impartial mediator listens to the evidence of each party and then arranges meetings to work toward resolution. Mediators are usually attorneys and use their legal expertise to offer possible compromises and solutions in an attempt to settle the case out of court. (more…)

5 Myths About Personal Injury Debunked

Posted by Sean DuBois on Tuesday, February 25, 2014

Did you ever hear the one about the really decent, honest Portland personal injury attorney?

Stop laughing! A lot of myths have developed over the years about personal injury lawyers, and we’d like to cut through some of them, so please read on. As personal injury lawyers, we know a lot of people are afraid or wary of working with an attorney, but we also know that in many cases, it is the best option for injured people who want to receive fair compensation.

Let’s say you’ve been in a pretty badcar accident, and you’ve suffered an injury. People normally fall victimto five myths about personal injury attorneysthat have been around as long as the insurance companies who perpetuate them. These people don’t contact a personal injury attorney, because they (erroneously) believe:

  1. The insurance companies will treat them fairly. Now there’s a myth! Insurance companies make bigger profits by paying out as little as possible to those people who have put in a claim. If you’ve been injured in Oregon, a competentPortland personal injury attorney, who is used to dealing with insurance companies week in and week out, is far more likely to get you the settlement you deserve. We can’t say we guarantee a higher settlement, but statistically (according to studies by the Insurance Research Council) people who hire lawyers receive 3.5 times more money than those who don’t. (more…)

10 Tips for Determining Pain and Suffering Damages

Posted by Sean DuBois on Friday, February 14, 2014

Accidents are expensive. The cost in terms of damage to vehicles, medical treatment, lost wages and other monetary expenses runs into the billions of dollars every year in this country. The numbers can be quoted with a great degree of accuracy. The cost of those accidents in terms of the pain and suffering caused to the victims, however, is far more difficult to assess. Many people wonder, and rightly so, when pain and suffering claims go to an insurance company, or to a jury, who decides what is fair compensation for pain and suffering claims in Oregon, and how do they reach that decision?

Every personal injury case is different.

Two people could suffer an almost identical injury (or as close as possible for the purposes of this article), but one of those people may suffer a great deal more than the other. If that can be proven to a reasonable extent, the person suffering more may get a larger award. On the other hand, one may have better proofan eye witness, a specialists report, better documentationwhich will increase their chances of receiving a higher settlement for their pain and suffering. No two cases are alike, despite the similarity of injuries. (more…)

What to Do When Your Insurance Claim is Denied

Posted by Sean DuBois on Tuesday, February 4, 2014

A bad situation just got worse. You were driving your car home from work and were involved in an accident in downtown Portland. You had to go to the doctor a day or two later, because you were injured. It meant you missed a couple of days off work; you werent paid, and your boss is still not happy.

And now you get a letter from the insurance company saying, Sorry, but your claim has been denied, along with a jumbled explanation dripping with legal jargon and quotes from clauses in your policy youve never read. What to do? The first thing to consider iscontacting anOregon insurance lawyer. And dont panic.

Insurance companies have a vested interest in denying claims. This doesnt mean theyre dishonest, but an Oregon insurance lawyer will tell you, insurance companies only have to find a small area of doubt in your claim to issue a denial. (more…)

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