Legal Question in Personal Injury in Oregon

Permanent Neck Injury

My wife was driving, 2 yr old in car seat, I was a pasenger. A 750 ford dumptruck stopped at a light did not see us in front of him and at green hit us five times before he stopped. My wife was knock unconcious, and 12+ months later cannot sew (her past occupation) without severe pain afterwards. PT has not helped, she works as a prep cook and is in such pain after work that some days she just goes to bed, and is unable to pickup her daughter. She has kept a diary of the problems. I know you are going to tell me a dollar value cannot be rendered w/out more info, but I feel she has reached medical stability, neck and shoulder pain is going to last. She will continue to work light duty. Can you give me a national or Oregon average for insurance settlements of similar events (even a ballpark). If it is significant, you may recieve request for services, if it is insignificant I will handle it myself.


Asked on 4/11/01, 5:42 am

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Permanent Neck Injury

I've just received your post today, so I'm afraid this may be a little late for you. Nonetheless, here goes: You're right. I DO need more info. How old is she? Most of all, what do the DOCS say is the physical cause of this condition? Is it a chronic myofascial/muscular problem, or is there disc involvement? The difference between the two can make a big difference in value. Also, what county did this occur in, and where do you and defendant live? The venue is a valuation factor as well.

Average values or verdicts, as you requested, are also a poor way to figure out the value of your wife's claim, because the individual facts vary so greatly. I have seen similar cases to your wife's, where there is NO disc involvement, get jury verdicts from zero to $100k+.

Sorry I can't be of greater assistance. I DO think you ought to have any attorney for her, whether it is a large claim or not. Insurance adjusters are NOT your friends.

Hope she feels better! Note, please, that there is a TWO-YEAR statute of limitations in Oregon, meaning that generally, she must have the case either settled or a proper lawsuit in place by the two-year anniversary of the accident, or she may be barred from making that claim in the future.

Good luck! -- Sam Hochberg

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Answered on 6/12/01, 3:33 am


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