What kind of cases do you handle?

I handle mostly car accident cases (from the victim’s side), some insurance contract claims like PIP or UM/UIM claims and premises cases such as trip/slip and falls in both WA and Arbitration and Mediation and OR and dog bite cases in WA.

In Oregon, the statute of limitations is 2 years generally speaking and in Washington, it is 3 years. Sometimes other time limits may apply as in the case of a UIM case, a dram shop case or case against a public body, so it’s always wise to consult an attorney early on. That said, it’s not uncommon cases would resolve well before the statute of limitations forces you to file a lawsuit. It is largely dependent on the nature and extent of your injuries and how long it takes to obtain all documents to support your claim (usually medical records).

I generally charge a contingent fee of 1/3 for most cases. That means all consultations and services are included in the % I collect at the end of your case. This prevents you from having to pay up front and hourly for representation. So what I am paid is largely dependent on the “value” of your case.

Make sure everyone is ok. Depending on severity, call law enforcement. Take pictures of the scene with your cell phone and of the other driver’s license and insurance card. Wait for law enforcement if they are going to respond. Do not admit fault at the scene. Obtain witness information if there is any. When you are cleared by the police or have obtained all information needed, either have your car towed or drive your car home. If you are injured, going to the doctor is advised. Report the accident to your insurance company and DMV online (both states and keep a copy). If you have PIP (mandatory in OR, waivable in WA), get a claim # from your insurance company to give to any medical providers. You will want to get your car fixed either through the at fault insurance company or your own (subject to deductible) within the first few weeks post-collision if possible, especially if the car is towed to a car lot as storage fees may accrue. Call a PI lawyer to talk about your options/case. We don’t charge initial consult fees because we are pretty much all paid on contingency!

Call your insurance company!! A claims adjuster will handle the claim for you and if you do get sued, promptly provide any documents to your insurance company so that they can assign you a lawyer. If you do not have insurance, you will likely need to pay a lawyer on an hourly basis to represent you or at least advise you.

Insurance companies only have to pay fair market value of your vehicle. In the case of a newer car, if you owe more than the fair market value on the car, the difference might be covered by GAP insurance, usually purchased at the dealership with the car.

Maybe. It largely depends on the value of your car and the extent of the damage. If you have frame damage, and your car is reported to have salvaged title, you may have a claim to diminished value and you may need a special estimate to determine the exact amount. Whether the insurance company is happy to pay that full amount is another issue entirely.

Anything relating to the accident. Be ready to walk me through a diagram of the scene (know road names), names of all parties and witnesses, insurance company names and claim numbers, pictures, police report, a list of medical providers you have seen, your health insurance information and your declarations page.

If an accident isn’t your fault, your rates shouldn’t go up. If it is determined to be your fault, your rates will likely go up.

You are wise to consult with an attorney first if possible. Generally speaking, you have a contractual duty to cooperate with your own insurance company to provide general facts about the accident, and supply them with medical records and wage documentation if you are making a PIP claim. You have no similar duty to an adverse insurance company and I usually advise you don’t speak to them directly without an attorney other than for basic information if needed.

Unless it’s a major crash with injuries or the vehicles are blocking traffic, it isn’t uncommon police will not respond. Gather your information as stated above and be sure to file an accident report form with either WSP if in WA (within 4 days) or DMV if in OR (within 72 hours). Make sure to get witness information if possible in case a dispute arises as to the facts/liability.

Because no two cases are exactly alike. Personal injury cases are fairly complex with a multitude of factors that determine case “value.” Answers to these questions and others are what help determine value and rarely do any 2 cases align in all aspects: What insurance companies are involved? What kind of witnesses would the parties be? How long ago was the other case? What were the exact diagnosed injuries? Were there any gaps in treatment? Was there recommended future treatment? Is there wage loss? What did that person do for work and what do you do? Is there an attorney involved? Was the case filed in court or settled? What county was the accident in? Was liability disputed? Apportioned? How much were the medical bills? Were other people injured? Were there independent witnesses? Who were the expert witnesses? How much damage was done to the car? What kind of car was it? Did each person have any prior injuries? How old was everyone at the time? Were there any unusual circumstances? Did he have a family? Post to social media often? Many things are looked at by both lawyer and insurance company before an offer is given. An attorney can help increase and understand case value, but generally only if they’re familiar with your case, which isn’t something likely to happen on 1 phone call.

Any injury if someone else is at fault is worth a call to a lawyer. The consult is free.

You can call a personal injury attorney to review the claim. It might be a personal injury claim or it might be a worker’s compensation claim depending on the specific facts of your case. But a PI lawyer should be able to tell the difference and either be knowledgeable in that area or give names if worker’s compensations attorneys in the correct state.

In Oregon, you have 72 hours to file an accident report form if you meet the threshold requirements. In Washington, you have 4 days. Don’t panic if you haven’t done it, just do it as soon as you can and keep a copy!
https://www.wsp.wa.gov/driver/collision-records/
https://www.oregon.gov/odot/Forms/DMV/32fill.pdf

I was bit by a dog and am injured, do I have a claim?

In WA, homeowner’s insurance of the dog owner will generally cover dog bite damages. Sometimes there are exceptions by breed, so you need to get a copy of the homeowner’s insurance policy if possible to determine coverage. In OR, homeowner’s insurance doesn’t generally cover the damages, but you can file a claim directly against the owner.

It depends on the facts of the incident. If it was as result of the negligence of another person/company/entity, then you may have a claim. You would want to determine who owns or manages the property or maintains the thing tripped on and very often, they will be looking at any negligence on your part or contribution to your injury. Sometimes it takes some digging on these cases to figure out who is responsible for the incident.

In Oregon, if you are determined to be 50% or more at fault than the other driver/party, then you will not be able to get any damages from the other party. If you are less than 50% at fault, then you can collect the % of damages minus your own % contribution. In WA, you can collect any % of damages from the other party that you are not at fault for, without regard to the 50% rule like in Oregon.

Not generally. Most claims settle shy of filing a lawsuit, but it is a possibility that you will need to sue someone to see any money, especially if you and the other party/insurance company cannot find a middle ground with regard to case “value.”

Well, usually you have to sue the at fault person, not the insurance company directly. Then the insurance company pays for the lawyer that’s about to represent him. In the case of an uninsured driver, or PIP dispute, sometimes your claim is against the insurance company directly.

Well, you can always switch companies, and in WA, it’s worth looking at things insurance companies sometimes do that might qualify as “bad faith.” You may have a 1st party bad faith claim against your insurance company for various things, and I’d suggest you consult a lawyer to screen for these and/or check out the WA State Insurance Commissioner website. Oregon doesn’t currently have any similar bad faith laws, but you may have other legal recourse and you should consult a lawyer based on the specifics of your complaints.

Either state has jurisdiction so pick your state!

The PIP insurance of the car you are riding in pays your medical bills first and if/when they exhaust, your own car insurance PIP should cover your bills, and if that expires or exhausts, your health insurance would pay next.

In Oregon, generally you have $15,000, but occasionally people carry higher limits, so you always want to consult the declarations page of your insurance policy. In Washington, the minimum is $10,000, but it can be waived. If the insurance company says you waived it, ask for a copy of the signed waiver. You can also pay for higher limits in WA and need to consult your policy for specific coverages.

Extra insurance never hurts, but you should consult your insurance agent for advice regarding whether you have enough assets you want to protect with an umbrella policy. Usually an umbrella policy would provide extra coverage above and beyond your homeowner’s/auto/other insurance, but the policies differ on the specifics of what they cover, so you will want to read it carefully and be aware if there are any exemptions or limitations like a lower UIM limit.

A deductible is the amount you have to pay before your insurance pays anything. You usually see this with the property damage part of a claim if at all, and may incur them if you don’t have PIP and your health insurance pays medical bills.

Generally speaking, yes. PIP and health insurance pay medical bills up front and if an accident is the fault of someone else, they expect to be reimbursed eventually. In WA, if you hire an attorney, generally the attorney will get them paid back as part of your claim. In OR, it’s more common that PIP would seek its reimbursement directly from the at fault insurance, but the attorney will still likely handle health insurance reimbursement if there is any owed.

There are all sorts of special and constantly changing rules in this regard, so you are wise to talk to an attorney familiar with these claims. If you are a driver, you may need to purchase extra insurance beyond your standard policy so that you have the correct coverages to cover you in the case of an accident and there is variation between Lyft and Uber in their handling of claims.

The earlier the better. Most PI lawyers charge a 1/3 contingency fee. That means that the earlier you hire someone, not only do you not have to deal with all the ins and outs of your own case, you have an expert on board guiding your case and seeing the issues before they arise, steering it, and increasing its value. You are going to pay the same % whether you hire someone on day 1 or 700, so you’re getting a better bang for the buck by bringing someone on board early.

Yes, I can handle both types of dispute resolution.

Arbitration is generally an alternative court process once a case is filed in court. The opinion is binding though often appealable to a judge. Mediation is more informal and is a way to try and resolve disputes without direct court involvement. In arbitration, an arbitrator decides a case after hearing both sides. A mediator’s job is facilitate an agreement between the parties. They may write up the mediated agreement, but they don’t decide the case like an arbitrator does.

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