personal injury protection and pain and suffering lawsuit hillsboro or portland oregon beaverton

PIP Insurance vs. Pain and Suffering Claims

PIP versus Pain and Suffering ClaimsPIP claims and pain and suffering injury attorney hillsboro beaverton oregon portland

Personal Injury Attorney – Hillsboro – Beaverton – Portland Oregon

Personal Injury Protection (PIP)

Personal Injury Protection better known as PIP, is no fault medical coverage on auto policies that covers medical bills and often lost wages. Regardless of whether or not the accident was your fault, you are entitled to your PIP benefits. In the state of Oregon, all personal insurance policies are required to have one year or $15,000 of PIP coverage with the exception of motorcycle insurance policies which may or may not offer pip. For lost wages you can receive up to 70% of your monthly income, but no more than $3,000 per month. This is good for a total of 52 weeks at any time during the two year period following the accident. PIP wage loss payments are not taxable. However, for pip to start paying wage loss, you must be off work for 14 consecutive days.

PIP is extended to all persons in the vehicle at the time of the accident. PIP can also include pedestrians that you injure with a car who have no health insurance or car insurance of their own. For example, if you are in a car with your mom and dad when an accident occurs, all three of you are entitled to the one year or $15,000 of PIP to cover your injuries and wage loss benefits. Even better PIP coverage is instant. Your medical bills and wage loss claims will be paid directly by the insurance company and there is typically no waiting period.

To use your PIP coverage, you must see a licensed health care provider such as a general care physician, chiropractor or physical therapist. If you are interested in seeing an alternative health care provider, call your insurance company to make sure it will be covered through your PIP. For example, to see a licensed massage therapist, you will want to have a referral to ensure that PIP pays that person’s bills.

Personal injury protection is different than pain and suffering compensation. PIP is no fault coverage. Pain and suffering is another matter and is what you go after once you are medically stationary. You usually pursue that through the at fault person’s insurance, but it can also be something you pursue through your own insurance if the at fault party had no insurance. Pain and suffering covers emotional and physical pain and suffering as a result of the auto accident.

Pain and Suffering Compensation

If you have been injured in a car accident, and you are not liable, you can file a pain and suffering claim against the at-fault party’s insurance policy. This can be a difficult endeavor because the at-fault insurance company will not make it easy for you to get the compensation that you deserve. When filing a pain and suffering claim, you should choose an experience car accident attorney to fight for your right for a fair settlement.

To ensure you get the best settlement possible, be sure you choose a credible auto accident attorney with a proven record of success. You lawyer should be able to walk you carefully through the entire claim and settlement process to ensure you are properly compensated.

Pedestrian and Vehicle Related Accidents

The Dangers of Being a Pedestrianpedestrian and vehicle related accident sin portland oregon hillsboro or beaverton oregon

Vehicle & Pedestrian Accidents – Hit and Run Accidents

In a 2010 report published by the National Highway Transportation and Safety Administration, 4,280 pedestrians were killed and an estimated 70,000 were injured in traffic crashes in the United States. On average, a pedestrian was killed every two hours and injured every eight minutes in traffic crashes. Read more

Car Accidents & Oregon Personal Injury Protection (PIP)

Car Accidents and Oregon Personal Injury Protection Coveragecar accident insurance oregon personal injury protection insurance pip attorney hillsboro beaverton portland oregon

How Does PIP Insurance Work?

According to the Oregon Department of Transportation, in 2012 there were 49,798 car accidents. Approximately half of the reported car accidents in 2012 resulted in non-fatal injury crashes with 39,085 persons injured as a result. The consequences from car accidents are many and they can result in physical injury, emotional distress, stress, pain, suffering, lost wages, medical bills and much more. Read more

Recovering Injury Damages Pedestrian Cyclist & Auto Accidents

Automobile Accidents involving pedestrians and cyclists – Recovering Injury Damages

Automobile Accidents involving Pedestrians or Cyclistspedestrian car accident lawyer portland oregon

Determining who is at fault when a driver hits a pedestrian or bicyclist is the same as any other car accident injury case in the State of Oregon. For a driver to be held liable for an injury caused by his or her vehicle to a pedestrian, the injured must prove they were the victim of negligence on the part of the driver. In these cases it must be proven that the responsible party did not show due care in the operation of their vehicle, and that his or her negligence resulted in physical injury to the cyclist or pedestrian.

In these types of personal injury cases, most times the driver of the motor vehicle becomes the most obvious defendant. In Oregon, drivers are charged with operating their vehicles in a safe and reasonable manner for the conditions at hand. Many times the mere fact that the driver and his or her vehicle was involved in a collision with a pedestrian or cyclist is potentially evidence that the vehicle was not being operated in a safe manner. This evidence will often be supported by a physical injury to the pedestrian which will support the driver’s failure to safely operate their vehicle.

Portland Pedestrian – Cyclist and Vehicle AccidentsCyclist accident portland oregon

Portland is often considered a cyclist and pedestrian friendly city; this fact coupled with our readily available mass transit system unfortunately creates too many situations in which pedestrians and cyclists are injured due to inattentive driving.

There are several considerations to explore when trying to recoup damages caused by inattentive or reckless driving. Liability for injuries caused by inattentive drivers does not always stop with the driver. One example: in some cases, cities and counties can be held liable for injuries resulting from pedestrian / automobile accidents. If a city or county is aware of a dangerous intersection or stretch of road because of past automobile/pedestrian-cyclist accidents, and the city or county fails to modify that area to reduce risk to those that use it, they may have breached their duty to keep the public safe – and could be liable for damages because of that failure.

Experienced Personal Injury Attorney

When involved in an automobile – pedestrian / bicycle injury accident, it is important to have the assistance of an experienced, aggressive personal injury attorney to identify all potential parties that may have responsibility for the accident and to protect your rights. The Law Offices of Matthew H. Kehoe has served Portland Oregon area injury victims for over 20 years. We offer free consultations on personal injury cases and our experience in handling thousands of injury cases over the years gives you the opportunity to have all of your questions answered in a professional and straight forward manner.

If you or a loved one has been injured due to someone elses negligence, please call The Law Offices of Matthew H. Kehoe today to get our expert experience on your side.

 

Personal Injury Attorneys: How to get a favorable settlement on your injury case

Personal Injury Claims and Settlementscar accident settlement

Injury settlements can be complicated by various factors.  As a result an of auto accident, it’s possible that you can receive money to pay for the medical expenditures, loss of income, pain and suffering and property damages by way of a personal injury settlement

The Personal Injury Attorneys at the Law Offices of Matthew H. Kehoe, LLC represent clients in Portland and throughout Oregon in lawsuits against insurance companies.  Personal injury law seeks to preserve the rights of people seriously injured, physically or otherwise, as a result of the fault of another.  Personal injury settlements are the funds paid to the injured party in a personal injury case.  Injury settlements are possible, but it helps to have an experience lawyer assist in obtaining the best possible result.

Personal Injury Compensation

Accidents happen for a reason.  Someone is texting or putting a new CD into the radio and they take their eyes off the road.  When a person behind the wheel of a 4,000 pound vehicle does this, they run the risk that their choice will harm someone.  And, if they harm someone through their negligence, then the injured party is entitled to compensation resulting from that personal injury.  If you’re in a car accident, most likely your car or truck won’t be the only thing injured.  You should not have to pay for the vehicle repairs if it’s not your fault.  If you are seriously injured in a motor vehicle accident a result of another motorist, you are entitled to have your car or truck repaired as well as your medical bills paid for by the other driver’s insurance company.  And, if that other driver does not have insurance, then you can make a claim against your own company under the “uninsured motorist” coverage.

Choosing a Personal Injury Attorney

In case you have been injured in an auto accident through no fault of your own, you will probably find yourself in a sea of personal injury attorneys with no idea who to hire to assist you. Choosing an attorney based on experience in personal injury related claims with a proven track record of obtaining maximum settlements for their clients means a lot.  You need someone who is experienced in fighting for their clients and standing up to the insurance companies.  You also want an attorney who has positive client testimonials backing up their claims in order to make the right decision and get the best assistance in your case.

When to retain a Personal Injury Attorney

There is nothing wrong with hiring an experience injury attorney shortly after a collision.  They can help you in making sure the medical bills are paid promptly, get the wage loss payments coming from your own insurance company if you are off for more than 14 consecutive days from work and relieve the stress of trying to fill our paperwork and navigate the process following a collision.  If you’ve been injured, contacting our Personal Injury Law Office can set the wheels in motion to getting your situation resolved, and getting the money you will need to cover your medical bills, lost wages and later, money for your pain and suffering.

distracted drivingInsurance Company Settlements in Personal Injury Cases

Insurance settlements that are paid to you are a way of resolving the claim without the need to go to the court. Insurance companies have formulas that they use to calculate the damages they are willing to pay for various injuries, including serious personal injuries sustained in automobile related accidents.  Insurance companies will never offer you what your claim is worth.  They will offer you what they think they can get your to take to close your claim.

As a general rule, insurance adjusters try to settle injury claims as soon as possible.  These adjusters will try to discount your case by saying you must not have been injured if you did not seek medical attention immediately.  A lot of people get injured and don’t feel really bad until the next day.  They wake up the morning after an accident and feel all the things that hurt whereas the day before when the adrenaline was rushing through them after the injury, they felt like it would be okay.  As experienced Personal Injury Attorneys, we know the ploys and games adjusters and insurance company attorneys use to discount the merits of your case, pressuring you as the victim to take a settlement that’s in their best interest and not yours.

Don’t play these games with the insurance company.  The Law Offices of Matthew H. Kehoe, LLC brings over 20 years’ of experience fighting for the rights of injured people against the insurance companies.  We have recovered millions of dollars in settlements and judgments for our clients, and have many client testimonials that speak to our professionalism, ethics and legal skills.

Call today for a Free Legal Review of your injury case.

Documenting the scene of a car accident

Using your cell phone to document the scene of a car accidentusing a cell phone to document a car accident scene

Using a cell phone to document the scene of a car accident can help a lot down the road when it comes to getting a car accident claim settled.

The first thing when involved in a car accident is to make sure everyone is okay.  If someone is injured, call 911 right away.  If you did not sustain an injury, most people start by asking questions like “How did this happen?” and “Who is at fault?”.  Car insurance companies will want to know the answers to these questions as well.  Using your smart phone to take pictures or video of the accident scene can help if one or both of the insurance companies claim that you are to blame for the car accident.  Documenting things like debris in the road, construction, bad weather, traffic signals and signs can help prove your case.

Even minor fender benders can become a real headache to resolve.  Damage claims can be compromised if the adjuster for the insurance company doesn’t take into account all damages or they don’t realize the full extent of the damage.  Taking pictures or video at the accident scene of your vehicle, as well as other vehicles involved, helps protect you during the claim process.

Exchanging information at a car accident scene

information exchange at the scene of a car accidentThe exchange of information at the collision scene is the first and most important step to getting your car accident claim off to the right start.  Taking a picture of the other driver(s) licenses ensures that valuable information is not forgotten or written down wrong at a stressful time.  Many of today’s smart phones have voice recorders.  Taking the time to record the facts of the accident, license plate numbers, location of accident, how the accident happened and what the end result was can assist in remembering valuable information that later may be forgotten.

Using your cell phone at the scene of a car accident can save you from troubles down the road.  Preserving the facts of the accident, those involved, witnesses and damages will help when talking to insurance companies, and ultimately getting your car accident claim resolved in a positive manner whether it’s by settlement or if you end up going to trial on your claim.

Our office provides free legal consultations to car accident injury victims.

Car Accident Settlements

How an Experienced Automobile Accident Attorney helps fight the insurance picture of a medical billcompany

A person who has been injured in an automobile accident that was caused by another driver’s negligence may be frustrated from dealing with the insurance companies. The insurance carrier for the driver at fault may deny their insured’s liability for the automobile accident. This makes it harder to obtain a fair insurance settlement, and often can drag the process of a car accident settlement out for months and even years. An experienced automobile accident attorney can help solve these and more issues stemming from an accident that was caused by another person.

An injured person who hires an attorney after an automobile accident receives immediate assistance. Often the attorney will refer the injured client to a qualified physician who will direct all of that person’s medical care. Instead of battling with the insurance companies for medical coverage or paying out of pocket, the injured person’s medical bills are held until after either a favorable insurance settlement is reached or until a winning trial verdict.

No fees unless your Car Accident claim is settled

Most automobile accident attorney’s don’t charge up-front attorney’s fees, either. These fees are paid if, and only if, the case settles prior to trial or after receiving a winning verdict at trial. So, just as with the medical costs, the client doesn’t have to worry about paying for his or her attorney out of pocket. The only thing that the injured person needs to do is attend all medical appointments and focus on healing from the injuries caused by the collision.

While the client is healing, the lawyer is collecting all of the information and investigating the accident. The injured person no longer has to deal with the insurance companies and their attorneys. This is the job of the automobile accident attorney. When the client is physically stable again, the attorney begins negotiating with the insurance company or their attorneys for an equitable settlement for the injuries caused by the automobile accident. This settlement will include monetary compensation for all medical care, pain and suffering, time lost from work and any other expenses resulting from the accident.

A qualified auto accident attorney will negotiate with the insurance company attorneys to reach a fair and equitable settlement figure. If a settlement is not reached prior to the date of trial, the injured person’s attorney will try the case in front of a jury. Then it is up to the jury to determine what the appropriate amount of compensation is for the injured person.  If the plaintiff’s attorney proves the case to the satisfaction of the jury, then the plaintiff will be awarded the amount determined by the jury to be fair compensation for the injured person’s injuries and other damages.

Experience counts in Car Accident settlements

When involved in an automobile accident, it is extremely important to hire a qualified and experienced attorney who specializes in injury related cases, and more importantly has extensive experience and a proven track record in reaching favorable settlements with insurance companies.

Who has the right to bring a Wrongful Death Claim in Oregon?

Who has the right to bring a Wrongful Death Claim statue of grieving woman

A wrongful death attorney can be consulted when car accidents result in fatalities. A wrongful death claim is designed to seek monetary compensation for those who are reliant on the person who is deceased. When people ask, “Who has the right to bring a wrongful death claim?” the conditions vary depending on the relationship of the individual filing the claim to the deceased individual.

Wrongful Death Claims in Oregon

Actions for wrongful death in Oregon are authorized by the Oregon Revised Statutes (ORS) 30.010-30.100.  A Personal Representative must be appointed to bring the claim for the spouse, children, stepchildren, parents or other heirs under ORS 30.020(1).

In Oregon, the Personal Administrator of the estate belonging to the decedent has the right to pursue a wrongful death claim. If the person left a will naming someone to be the Personal Representative, then that is the person who will generally be appointed by the court, assuming that he or she qualifies to perform that role for the estate and can initiate a wrongful death suit.   If the estate is opened just to pursue a wrongful death claim, then it is not a lengthy probate, but a more abbreviated process.  There is also a statutory process for distributing the proceeds from a wrongful death claim and if the heirs can agree, then the court will generally accept that process.  In the event of a dispute, the matter is determined by the court.

Wrongful DeathWho can file a Wrongful Death Claim?

The spouse can be “technically” married with a pending divorce and still have the right to pursue a wrongful death claim. An estranged spouse may be able to file a claim in some cases, and these cases are evaluated on an individual basis. The spouse is usually viewed as being the highest ranked individual in the line of parties to receive the proceeds from a wrongful death claim.

Parents of the deceased can work with a wrongful death attorney to pursue a claim. If there are no minors in the picture, a claim can be filed by either of the surviving parents.

Siblings are permitted to file a claim if there is no surviving spouse and there are no other children able to file. It is important to note that some states do not recognize siblings as having the capacity to initiate a claim. This is the case even though there may be no other surviving members of the deceased party who are able to file the claim.

When someone dies in a car accident, wrongful death lawyers help individuals with questions about who has the right to bring a wrongful death claim.

Distracted Drivers and Motorcycle Accidents

Motorcycle Accidents Caused By Distracted DriversDon't Text and Drive

Being distracted while driving is a leading cause of accidents. If the accident involves a motorcycle, it can easily become serious or even fatal; many motorcyclists and their families each year are entitled to compensation for motorcycle accidents caused by distracted drivers. If you’ve recently been in a motorcycle accident, you should contact a motorcycle accident attorney immediately to find out if you are eligible for compensation.

What Are Distracted Drivers?

Drivers can become distracted in several ways while driving. It’s common for drivers to be looking at their phones instead of at the road, which is why many states have banned texting or talking on the phone while driving. Drivers can also become distracted by their radios, by interesting scenery on the side of the road, or even by road accidents. Finally, drivers can get distracted by their own impatience or by things they are thinking about while they are driving.

Many Oregon motorcycle accidents each year are caused by driver distraction. If you believe the driver was distracted during your accident, you should contact a motorcycle accident attorney. Some types of distraction are easier to prove than others; if the driver was on the phone or texting, your motorcycle accident attorney will have an easier time proving that you are entitled to compensation for the accident.

How Distracted Driving Causes Motorcycle Accidents

Distracted driving is especially dangerous to motorcyclists because motorcycles are generally smaller and harder to see than cars. Even if a driver is distracted, he or she will often become aware of a stopped car at the last moment because the car’s large size attracts the driver’s focus. Unfortunately, this is often not the case with motorcycles, and drivers may not stop in time to avoid hitting them. Many Oregon motorcycle accidents also occur when distracted drivers swerve to avoid hitting a stopped car. If a distracted driver hits another car, the car can then be forced into the motorcycle’s path. These common Oregon motorcycle accidents can lead to serious injury.

Seriousness of Distracted Driving Accidents

Many Oregon motorcycle accidents are serious or fatal. Motorcyclists are less protected during an impact than people driving cars because motorcycles are not enclosed like cars are. In addition, cars are usually bigger than motorcycles, so the impact is likely to send the motorcyclist flying into the air.

Legal Fault and Distracted DrivingMotorcycle Accident Attorney

If a distracted driver gets involved in an Oregon motorcycle accident, the motorcyclist is only entitled to compensation for his or her injuries if the distracted driver was at fault for the accident. In many cases, the distracted driver is at fault–if he or she had been paying attention to the road, the accident would not have occurred. However, in some cases the distracted driver might not be completely at fault. For example, if the motorcyclist made a turn directly into the driver’s path of motion and the distracted driver didn’t see the motorcyclist in time to stop, the driver might not be completely at fault. Your motorcycle accident attorney can tell you whether you are likely to be considered at fault for the accident and how that may affect your case.

 

Bicycle and Automobile Accidents: Who’s at Fault?

Bicycle and Auto AccidentsCyclist

Each year there are over a million accidents involving bicycles. If the accident involves an automobile, bicycle accidents can sometimes result in very serious or fatal injuries. Lawsuits filed to recover damages for injuries often involve the same issues as auto accidents. A bicycle accident attorney can help to define who has been negligent in the accident. Conversely, automobile drivers are sometimes the victim of the negligence of a cyclist. A car accident attorney can help to define negligence for drivers who are either injured or sued because of an accident involving a cyclist. It is imperative to seek legal representation in Portland Oregon for these serious legal issues.

Bicyclists and drivers should obey traffic laws. These laws include the duty to exercise reasonable care with regards to the safety of others. Lawsuits involving bicycles are governed by Oregon state law, and are often informed by both state and local traffic laws.

Automobile Driver Negligence

Driver negligence or recklessness can take several forms. Speeding, failing to observe a stop sign and drifting into bike lanes all constitute negligence or recklessness of a driver. Lawsuits that allege negligence by others must prove that the accused acted in a way that violated state and/or local roadway laws.

Accident lawsuits filed to recover damages in Portland Oregon often come down to the specific facts of each individual case. A car accident attorney will be needed to represent drivers in discovery of the facts surrounding the accident. If a driver was cited for violations, it becomes even more imperative to seek legal counsel in the matter.

Cyclist Negligence

If a cyclist is at fault for causing injuries in an accident, the outcome of the case will be determined by the ability to prove negligence by the cyclist. Some examples of cyclist negligence are riding the bicycle the wrong way or on a one-way street, disregarding a stop sign and turning into oncoming traffic.

The negligence of a cyclist is called contributory negligence. This means that the cyclist is either wholly or partly responsible for the accident. It is advisable for cyclists to hire a bicycle accident attorney because cyclists can and will be held liable for damages to the driver.

When accidents involve child cyclists, courts will generally hold drivers to much higher standards.

The High Stakes

Since accidents involving both automobiles and bicycles most often involve very serious injuries, the financial stakes can be high. These accidents boil down to the issue of proving negligence in a court of law by either the driver or the cyclist. Contrary to popular belief, cyclists who are not wearing a helmet during an accident does not count as negligence. Under Oregon law, bicycle riders deserve the same protection as drivers have.

In essence, both drivers and bicyclists can be held negligent in an accident and sued for costly damages in court. If either are sued or wish to file suit against another, they must seek legal representation from either a car accident attorney or a bicycle accident attorney in Portland Oregon. Some issues involving accidents can be settled out of court, and a good accident attorney can help to negotiate the highest compensation possible for accident victims.