Legal Question in Personal Injury in Oregon

Re: Should I sue?

For a no-cost meeting to discuss this, you could call Greg Kafoury's law office at 224-2647.

Re: Should I sue?

If the driver disregarded the stop sign and if you had the right-of-way you have a case. As to its value, that depends on how long you are obligated to be off work and how much, if any, permanent impairment there is.

Re: Should I sue?

There isn't quite enough information to fully answer your question, but let me try. If it is clear that it was the driver's fault (and it helps if there are independent witnesses - people who don't know either you or the driver), and it DOES sound like it's the driver's fault from what you've said, then you probably do have a case. The fact that there wasn't a marked crosswalk isn't all that important, especially if you were crossing in the area where there would normally be a crosswalk. In Oregon, if you had no car insurance of your own and no health insurance, then the car driver's "PIP" (Personal Injury Protection) coverage will pay certain no-fault benefits for medical bills and wage loss. You are also probably entitled to money for your pain and suffering, especially if your injury is well-documented by your doctors or other health care professionals. If you DO have car insurance of your own, just process the medical bills through them. They will usually try to get their money back later from the other driver. This is all presuming they are Oregon policies, I should add.

I recommend strongly that you retain a lawyer. As you can see from my answers, there are many factual and legal issues, and it's impossible to figure them all out in an email. Also, insurance adjusters KNOW that you DON'T know the law, and that you don't know the value of the claim, and they take advantage of that. Most personal injury lawyers will work on a contingency, or percentage basis, so you usually don't have to come up with cash up-front. ALSO, you should know that you need not necessarily sue anyone. Usually, good personal injury lawyers will attempt to SETTLE the claim with the insurance company first, to avoid the expense and risk of court.

Please note that in Oregon, there is generally a TWO-YEAR statute of limitations. This means that, under ordinary circumstances, if you have not filed an appropriate lawsuit by the 2-year anniversary of this accident, then you may be forever barred from making a claim beyond that time. But, I wouldn't wait too long. Talk to a personal injury lawyer. Nearly all "PI" lawyers will give a free consultation. Also, please note that since you gave so little information about your accident, you really should talk in person or on the phone with an Oregon personal injury lawyer before you take any action at all that might be based on the information I've provided here. Good luck to you, and I hope you're feeling better soon!