Portland, OR Serious Injury FAQ

1. I've Just Been In An Accident, What Should I Do?
2. Do I Need An Attorney?
3. Should I Settle?
4. Dissatisfaction With Verdict
5. Wrongful Death Claim

I've Just Been In An Accident, What Should I Do?
There are several things a person should do when they are in an accident.

1. When exchanging information with the driver of the other vehicle always make sure you get their full name, address, home and work phone number, driver's license number, date of birth, insurance company, policy number, year/make/model of the vehicle they are driving and the name of the registered owner.
2. If you are seriously injured you should go to the Emergency Room at the nearest hospital or follow-up with your primary doctor as soon as possible.
3. Call your insurance agent as soon as possible and report the accident.  If your agent gives you a claim number make sure that you write this number down and keep it for your records.
4. If you are in a company vehicle, or are working for your employer at the time of the accident, you must report the accident in the manner required by your place of employment.
5. The Oregon Department of Motor Vehicles requires that you complete a DMV Report within 72 hours after the accident.  This form can be picked up at your local DMV office.  If this accident form is not complete, you may receive a letter from the DMV stating that your license will be suspended.
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Do I Need An Attorney?

Q:  I was rear-ended at a stoplight and have seen my doctor for back injuries.  My doctor told me that I do not need an attorney, since the other driver's insurance company seems to be acting reasonably.  Do I really need an attorney?

A:  Insurance companies often try to appear to be reasonable with unrepresented parties, when their goal is to lull the person into taking an offer which is less than the full value of the claim.  Because an adjuster appears to be reasonable does not mean that the adjuster is being reasonable, or fair.  The insurance adjuster's job is to save his company money by resolving the claim for as little as possible.  As an injured person, you want to receive fair value for your claim, not the minimum that the insurance company wants to pay.  It is the attorney's job to try to get you full and fair compensation for your injuries.  In my experience, people usually do better with an attorney than by themselves.
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Should I Settle?

Q:  I was riding as a passenger in a friend's car.  A truck coming the other way crossed into our lane and forced us off the road, into a tree.  The truck driver didn't stop, but there were witnesses, and we found out who he was.  I was seriously hurt.  The truck driver's insurance wants to settle now, but I am not sure I should since I am still seeing my doctor.  Should I settle?

A:  It is never a good idea to settle your claim until you know how much medical treatment you will need, the total cost of the medical treatment, your total wage loss and the full extent of your injuries.  Most of the time, this means waiting until you are "medically stationary" (which means that no further medical treatment will help you improve).  You may end up with long-term or permanent problems due to the injury, and these should be known before you agree to settle your case.  Once you settle and sign a release, you cannot go back to the insurance company and ask for more even if you later discover that your injuries are more serious than you first thought.
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Dissatisfaction With Verdict

Q:  I badly injured my back in a car accident and went to a jury trial.  The fact that the other driver had insurance was not mentioned in the trial, and the jury didn't award me as much as the insurance company had offered me.  The award won't cover my future medical bills.  How can this happen?

A:  Court rules do not allow even the mention of "insurance" during trial; the theory being that if the jury knows a party has insurance, the jury will make a larger award because many people do not like insurance companies.  The jury makes a decision about whether the defendant caused the injury and the value of the claim; the jury never hears about any prior negotiations.  Juries do what they feel is right.  A number of news stories about large verdicts (e.g. the spilled coffee verdict) have given the impression that juries are running amok.  Unfortunately, the media tends to sensationalize large verdicts and usually does not reveal all of the facts which the jury heard.  Also, the media does not usually report with the same gusto the $0 or low (and there are many) or reasonable verdicts.  You may have experienced some "backlash" as a result of the impression that juries are awarding too much.
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Wrongful Death Claim

Q:    My father was seriously injured when another driver ran a stop sign.  After a week in the hospital, my father died due to complications from the injury.  The Personal Injury Protection (PIP) provision of my father's auto insurance covered only part of the medical expenses and none of his wage loss.  After his death, the insurance adjuster told us the claim "died with him".  Is that right?

A:  No, the advice given to you by the adjuster is not correct.  Your father's estate can pursue a wrongful death claim against the driver who ran the stop sign.  If that driver had no insurance, the estate can pursue an Uninsured Motorist (UM) claim through your father's automobile insurance policy.  If the injury and death occurred in Oregon, the law usually allows the estate to pursue a claim up to three years from the date of death.  If no estate has been opened, your attorney will need to open an estate to pursue the wrongful death claim.
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Call Berkshire Ginsberg LLC today at 503-233-6507, or browse our website for more information about us.  If you have any other questions or comments, please e-mail us.