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.