Legal Question in Personal Injury in Oregon

Re: Scooter accident

It sounds like you may have an excellent case. I would be happy to discuss your options with you. Please feel free to call or email. I practice in Seattle but am licensed in both Washington and Oregon. Thank you very much.

Re: Scooter accident

It sounds like you have a case depending upon what the medical records from your doctor says. I would be willing to discuss your case with you and explore your options. Feel free to give me a call at 503-ACTIONLAW (2284665) at your convenience, I have employees available to assist you 24 hrs a day. Or if you prefer you may email me.

Re: Scooter accident

First off, I'd suggest you do NOT do anything with small claims. The insurance co. will bump you up into regular Circuit Court, where you really DO need to have a lawyer. Plus, if you're going to file, AND if your case indeed has such low value, there is a statute in Oregon which you'd want to invoke in the proper manner, which can lead to getting Attorney Fees paid for you, if you prevail. This requires that your demand be no higher than $5,500. BUT, it may WELL be that your claim has higher value. Ribs are very painful, as you well know. You're also entitled to be financially compensated for your pain and suffering, under most circumstances. Are you likely to have any RESIDUAL problems down the line? Ask your doctor to be FRANK with you about that. Any increased probabilities of premature arthritic changes, for example?

The response you received from the insurance company is, unfortunately, TYPICAL in motorcycle and scooter cases. I know, I've been a rider since '71, and we handle a lot of those cases. FIRST THING to know is that the insurer DOESN'T KNOW very much about bike cases, and they'd just as soon remain ignorant. AND, of course, there IS the fact that they just don't give a ****. That's how they make their profit: By being jerks and denying legitimate claims, so long as they can find an excuse they can use to justify it to themselves, their bosses, or even to insurance commission inquiries.

As a general rule, in most any injury accident, it's usually best to at least CONSULT with a good personal injury lawyer -- usually that's free --before communicating AT ALL with the opposing insurer. Fortunately, it sounds like you've healed up well, at least. BE SURE that you aren't ignoring any symptoms you may be having. It's common to downplay that, just so you can feel as if you're not going to have any further problems. I hope that's NOT the case for you! I mention it because it sounds rather early to settle on the injury claim, were they to pay you. Once you settle, it's FINAL, you know. Should things get worse later, it will be too late. And speaking of too late, note that there is a TIME LIMIT for every type of civil case in Oregon. Most likely, yours is two years -- which means you MUST either have settled the claim or have a proper lawsuit filed in court, by the two-year anniversary.

Best of luck to you,

Sam Hochberg

Portland, Oregon

[email protected]