Legal Question in Insurance Law in Oregon

6 week restitution

My husband was hit by a semi 6

weeks ago. The adjusters have only

now started working with us. We had

the police report sent to us by a

lawyer, and the adjuster claimed no

access to it until 2 days ago, which

was the reason for the delay. The

truck driver has given 4 different

stories, and even a false name. We

did everything we were supposed to

do, but have been subjected to

financial and mental stress over the

6 week period. My husband even had

to temporarily drop out of school,

which pushes back his graduation.

The adjuster lost all interest in

caring/being cooperative when we

showed her the total amount of his

car, as well as all material loss. We

hadn't even shown her the other list

we had for non-economic restitution.

We want no less than $25,000.00. Is

it worth it get a lawyer?


Asked on 11/14/07, 7:40 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: 6 week restitution

Your husband ought to have a lawyer, yes. These insurance adjusters are not working in your best interests, and they are frequently deceptive with unrepresented claimants. Even after attorney fees, you will generally end up with significantly more in your pocket than by keeping 100% of what you can negotiate on your own. The adjusters know that you DON'T know the lay of the land in these matters, and they take advantage.

As to how much money you'd like to get, it's impossible to know the value of this case yet, based on what you've told me, and it's probably too soon to try to calculate that. The nature and extent of the injury, the amount of medical bills and wage loss, if any, are amongst the factors in coming up with a value, including pain and suffering. The evaluation comes about after I know what the doctors say is actually wrong with your husband, what it takes to get better, and what the docs say is the nature of any residual or permanent problem he may have. Your lawyer may develop some estimates of the case value once all that info is in, which is usually after your husband is medically stable, the point at which the doctors can more reasonably predict the future than now. So, I can't tell you if the $25,000 you say you want is realistic, or high or low.

Note that the probable statute of limitations for your case, if it was in Oregon, is 2 years from the date of the wreck.

Good luck!

-- sam

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Answered on 11/15/07, 3:51 am


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