Oregon Accident Attorney - Personal Injury:
Parts of an Automobile Accident Injury Lawsuit

Lawyers look for two things when people are injured: who is at fault and what are the injuries.

Sometimes it is clear who is at fault. If the police investigate and issue a citation, the person receiving the citation usually accepts fault. Whether or not the police investigate, Oregon law provides very specific requirements for vehicles operating on the roads. It is often easy to determine who is at fault by comparing the statements of passengers, the positions of the cars, and Oregon's Revised Statutes.

Sometimes fault is not easy to determine because the cars are moved and people give differing views of what happened. If that happens, an accident re-constructionist can be hired to help determine fault. Those people are often retired state or local police officers who have extensive training and experience investigating automobile accidents.

If you are injured, you are entitled to recover for those injuries. If you are in an accident and are not injured, you are not entitled to damages, other than for replacement or repairs to your car. The greater your injuries, the greater value your claim has. We discuss different types of injuries below.

We are frequently asked the same questions by new clients. Based upon those questions, if you are injured in an automobile accident, here are some of the things you need to know:

1. Do not speak with the other driver's insurance carrier. They will want to take your statement quickly. Before giving the statement, you should speak with an attorney to ensure you are adequately prepared to answer the questions that are likely.
2. Seek medical care if you need to. Do not "wait" because you hope you will get better. If you feel injured and are in need of medical care, get it.
3. Your automobile insurance policy will pay for your medical care for up to one year and $10,000. If you are out of work for two weeks or more, your insurance policy may also entitle you to 70% of your wages. When it is time to settle with the other driver, you will ask for the remaining 30%.
4. You should keep a diary but only after speaking with an attorney. The diary will be very helpful when it is time to remember how your injuries affected you. If you prepare the diary for your attorney, no one else is entitled to see it. If you prepare the diary before you have an attorney, the other driver and their attorney are allowed to view what you've written.
5. You are entitled to the fair market value for the damage to your vehicle. That means that if the damage to your car is greater than the value of your car, i.e., it is "totaled," you are entitled to the price of a similar car with similar mileage and condition. If your car is not totaled, you are entitled to have your car repaired at a reputable repair shop.
6. When it is time to settle your lawsuit, you will have to sign a release. A release promises that you will never sue for injuries you have, or may have in the future - even if you don't know about them now. Signing a release is a critical part of the settlement process and extreme care and caution is needed in reading and negotiating the terms of the release.