PIP Insurance vs. Pain and Suffering Claims

Wiplash Injury Vs. Pain and Suffering

PIP versus Pain and Suffering ClaimsWrongful Death Attorney in Hillsboro OR

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 cover 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 two years 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 cover 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 experienced 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. Your lawyer should be able to walk you carefully through the entire claim and settlement process to ensure you are properly compensated.

Highway 217 Flyover Ramp Tort Claims

Highway 217 Flyover Ramp Tort Claims

HWY 217 Accidents – Flyover Ramp & Tort Claims

Over the last 6 months, there have been dozens of car accidents on the Highway 217 flyover ramp where I-5 meets Highway 217 in Tigard, Oregon. The flyover ramp was constructed in 2001 and since then the expansion joint on the ramp has developed a gap that is approximately one inch wide. The gap in the expansion joint has caused numerous drivers to spinout and crash on the ramp. Experts speculate that the soil beneath the ramp could be partially to blame for the growing gap; however, this has yet to be proven. Officials from the Oregon Department of Transportation (ODOT) maintain that the Highway 217 expansion joint is within safety regulations and the high number of car accidents are due to drivers exceeding the designated speed limit. Motorists counter that the car accidents are instead a result of rain, which makes the flyover ramp increasingly slick and dangerous, and not irresponsible driving.

Tort claims filed against State of Oregon and Oregon Department of Transportation

Multiple car accident victims have filed tort claims against the State of Oregon and ODOT claiming negligence as they are seeking restitution for damages associated with the accidents, including for medical bills and car repair bills. If you have been a victim of the flyover ramp on Highway 217, it may be in your best interest to file a tort claim. Torts are essentially civil wrong doings and tort claims must be filed against the governmental entity within 180 days of the incident in order to preserve the right to file suit within the two year statute of limitations if you are unable to resolve your claim. These are negligence claims alleging that ODOT and the State have been negligent in the design, construction and maintenance of the 217 ramp.

Car accidents on HWY 217

There have been recent reports in the news of an ODOT official who expressed concern over the quality and stability of the ramp’s structure shortly after its completion. Furthermore, the company responsible for the construction of the flyover bridge has also been accused of finishing the bridge before the scheduled completion date, implying corners were cut, to receive a payment incentive from ODOT.

As a result of the dozens of car accidents on the Highway 217 flyover ramp, ODOT has installed large electronic warning signs to warn drivers to slow down as they go over the flyover ramp. This, however, does not compensate or address the victims of the car accidents; nor does it recognize the extreme damage and problems that result from the car accidents caused by the bad flyover joints. Automobile accidents are known to result in death, physical and emotional trauma, as well as expensive medical bills, missed work, stress and multiple other negative consequences. Victims of the Highway 217 flyover ramp are encouraged to consult a qualified Personal Injury Lawyer to discuss a possible tort claim and their legal options.

What to do in the event of a car accident in Oregon

What to do if you are in a car accident in Oregon

BE PREPARED BEFORE A CAR ACCIDENT EVER HAPPENSWhat to do if you are in a car accident in Oregon

No one can predict when an accident might occur, so it’s important to plan ahead. Always carry your insurance card, drivers license, and vehicle registration form. The scene of an accident or a traffic stop can be chaotic and very stressful.  Keep required documents readily accessible and check them on a regular basis to make sure nothing has expired.Continue reading

Auto Insurance Independent Medical Exams

Auto Insurance Independent Medical Exams

Independent Medical ExamsAuto Insurance Independent Medical Exams

Those who think our system is out of control should really look no further than the insurance company efforts to shaft their own insureds. It is common practice now for certain auto insurance companies to send their own insureds for “independent medical exams” after they have been hurt in auto crashes in order to cut off their treatment.Continue reading

Recovering Injury Damages Pedestrian Cyclist & Auto Accidents

Bicycle Accident Attorneys in Hillsboro OR

Automobile Accidents involving pedestrians and cyclists – Recovering Injury Damages

Automobile Accidents involving Pedestrians or Cyclists

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 potential 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 Accidents

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 28 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 else’s negligence, please call The Law Offices of Matthew H. Kehoe today to get our expert experience on your side.

 

Passenger Injury in Car Accidents – Oregon

Passenger injury car accident attorney in Hillsboro OR

Car Accident Injuries and Passenger Rights in Oregon

What if you’re a passenger in a vehicle, and your vehicle’s driver causes an accident with another driver?  Many people wonder who they can recoup damages from for injuries sustained during such an accident since you cannot legally sue the driver of the other vehicle since they were not at fault.  In instances such as this, the insurance company of the vehicle you were in may cover the costs of injuries, lost wages, pain, and suffering and other damages.

Passengers in Oregon have the right to be compensated for injuries and damages sustained in accidents where they were not at fault.  Whether the passenger was in a car, truck, boat, or motorcycle, injured passengers have the right to pursue compensation from the insurance company of the vehicle operator and/or the right to recover damages directly from the operator of the vehicle.

As a passenger, what if the driver is a friend or family member?is it right to sue as a passenger in a car accident

Often times people will avoid trying to recover compensation for damages out of some sense of loyalty to their friends or family. In reality, the fact of the matter is that the injured party is not suing the friend or family member, but the insurance company that has been paid to ensure the vehicle and its occupants. People often overlook the fact that insurance has been purchased to protect the assets of their friends or family, just like people purchase home insurance to protect from events such as a home fire.

What to do if you have been injured as a passenger in a vehicle?

Obviously, the most important concern if you have been injured as a passenger in another person’s vehicle is to seek medical attention to assess the severity and extent of your injuries. If another vehicle was involved in the accident, make sure that the other driver’s information is recorded, as well as their vehicle and insurance information.

Using a cell phone with a camera or video capabilities is an excellent way to document the scene of an accident; you can read an earlier article on how to document the scene of a car accident using a cell phone.

Should you let your friend pay for your injuries out of pocket?

No. Anyone who has been around for a while has heard of stories of letting people pay for damages caused in an accident out of pocket, rather than reporting the claim to the liable person’s insurance company. The idea with this line of thinking is to allow the liable party to pay out of pocket for damages, thus keeping their insurance rates low.  More often than not these stories end negatively.  You may have injuries that take a long time to heal or require expensive medical imaging studies to determine the cause and no one wants to pay these out of pocket.  They also do not want to have to rely on a friend’s word to pay something that could run into thousands of dollars.  This is what PIP or personal injury protection benefits are for.  PIP is the “no-fault” medical coverage that all Oregon auto insurance policies must provide.

Oregon Law and reporting a Car Accident to DMV

In Oregon it is the law that car accidents must be reported to the Oregon Department of Motor Vehicles if any of the following are true:

1)      Damage to the vehicle you were driving is over $1,500;

2)      Damage to any vehicle is over $1,500 and any vehicle is towed from the scene as a result of damages from this accident;

3)      Injury or death resulted from this accident; or

4)      Damages to any one person’s property other than a vehicle involved in this accident are over $1,500.

Taking a friend’s word that they will pay for your medical expenses, time lost from work and other damages is very risky. With the high costs of health care these days, lost wages stemming from the accident, time off work, and long term complications that may result from the accident, your friend may decide that they can’t pay in the future. Costs associated with even minor injuries can mount significantly over time, causing a great burden on all parties involved. Most times when you weigh the“perceived” rift of opening a claim with your friend’s insurance company versus the strain of asking them to cover your expenses over what could be months or even years, the right decision is clear.

So, what should you do if you’ve been injured as a passenger?car accident settlement

If you or someone you know has been injured as a passenger in a vehicle, it is wise to contact an experienced personal injury attorney as soon as possible, especially if the driver of the vehicle you were in was at fault. The other driver’s insurance company and/or law firm will want to document the details of the accident quickly for their client. Securing a free consultation with an experienced attorney will let you know your rights up front, as well as recommended actions that should be taken to protect your rights and ensure that your needs are taken care of.

If an insurance adjuster contacts you before you have had a chance to meet with a qualified and experienced injury attorney, postpone giving a statement regarding the accident until you have met with a Personal Injury Attorney. Insurance adjusters will try and persuade you to give a statement quickly as they are trained to ask questions and get responses that will favor the insurance company. It is advisable to never give a statement, or answer any line of questioning from an insurance company without the knowledge or presence of your attorney.

Experienced Oregon Personal Injury Attorney

The Law Offices of Matthew H. Kehoe is experienced in dealing with insurance companies when it comes to injury cases.  For 28 years, our firm has helped injury victims throughout Portland and all of Oregon. Our firm has proven that we have the experience and tenacity to aggressively pursue and obtain full compensation for injuries sustained by the fault of another.

We offer Free Consultations for injury cases, and all cases we accept are on a contingency fee basis, meaning we don’t get paid unless you win your case.

Call our office to set-up your Free Consultation today, and put our years of experience to work for you.

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

Personal Injury Attorneys in Portland and Hillsboro OR

Personal Injury Claims and Settlements

Injury settlements can be complicated by various factors.  As a result of an 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 represents 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 experienced 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 experienced 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.

Insurance 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 you 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 28 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

Documenting the scene of an auto 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

Auto Accident Settlements in Oregon

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.

Bicycle and Automobile Accidents: Who’s at Fault?

bicycle and automobile accident fault attorney in Portland OR and Hillsboro OR

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.