Legal Question in Personal Injury in Oregon
injured in auto accident--should I and How do I settle?
I and my fiance were injured in an auto accident in which we were not at fault. She is exhibiting the general symptoms of whiplash as am I (dizziness, neck shoulder and back pain). In addition, I am also slowely losing function in my left hand. It is partially numb and beginning to atrophy. I believe that at present I have lost about 50% of its strength and use. We have both seen doctors who do little more than speculate about the causes of our injuries, but at least our complaints are well documented.
My fiance does not work and I have been unable to. Though it has been only a month since the accident we can forsee serious financial difficulty in the near future if my lost wages are not compensated very soon. My insurance pays me about half of my normal salary, but that is not enough. And so we are considering settlement for at least one of us. How should we proceed, and what might be a reasonable amount to ask for, considering that if my hand does not get better I will be unable to continue as a logger, and my ability to write and perform songs has been greatly impaired, (I write songs with the aid of a guitar).
3 Answers from Attorneys
Re: injured in auto accident--should I and How do I settle?
You should most definitely contact a personal injury attorney. There is no way to accurately determine the size of your claim without a complete interview by the attorney and without an independent medical examination. Based on the symptoms you have reported, you should not settle your claim without consulting an attorney experienced in personal injury law.
Keep all records of your medical visits. Keep a daily diary of your symptoms.
There are ways to avoid taking an early, insufficient settlement. For example, there are companies that loan money to plaintiffs while their cases proceed.
I do not take personal injury cases but have had good luck with attorney Linda Williams in Portland (503-224-2647, [email protected]).
Re: injured in auto accident--should I and How do I settle?
You and your fiance should each go to separate Attorneys who emphasize bodily injury claim practice. Gather as much evidence about the accident as you can, including getting photos of the damaged vehicles, and statements from any neutral witnesses in writing. Make sure your doctors identify your injuries to the trauma and make sure you are seen by an orthopedic or neurologic specialist. At this point in time the values of your cases are probably not accurately assessable.
Re: injured in auto accident--should I and How do I settle?
I've read the other two replies to your question, and agree with them. It is much too early to consider settling your claim, given the symptoms you've described. I would add that it would not be a good idea to try to find values for the claim and attempt to settle this on your own. Insurance companies are very slick. The entire job of the adjuster is to pay as little as possible by manipulating you and the situation. You really need someone on YOUR side who is experienced in personal injury law. I would also add that in Oregon, there is ordinarily a two-year statute of limitations, which means that if the claim is NOT settled by the two-year anniversary of the accident, you are usually barred from proceeding further, unless a lawsuit has been filed. I don't recommend you wait, though. Virtually all personal injury attorneys will work on a contingency fee, so you wouldn't have to pay any attorney fees until the case is settled. Good luck.
-- Sam Hochberg
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