Oregon Accident Attorney - Personal Injury:
Damages You Are Entitled To
You are entitled to money for the following types of damages or injuries:
- Your current medical bills. For the first year, these are paid by your insurance
carrier. Between the first year and when your case settles, there are several ways to pay for
your medical care. First, if you can afford it, you can pay the bill when it becomes due and
seek reimbursement when your case settles. Alternatively, you can request your personal health
insurance carrier to pay for your medical care with the written promise that you will reimburse
them from any settlement. Or, your attorney can negotiate with your medical provider to pay
for your medical expenses when the case settles.
- Your future medical bills. You are entitled to receive money to cover the reasonably
anticipated costs of your future medical care. Unfortunately, that can only be determined by
the best judgment of your physician and, despite their best efforts, they are often wrong in
predicting the cost of future medical care. When you settle, you should receive a sum estimated
by your physician to cover the cost of your future medical bills.
- Your general pain and suffering. This is compensation for the pain you've gone through
because of the injuries you suffered. Headaches, back aches, broken bones, bulging discs, and
"whiplash" are all examples of the types of injuries that cause pain. You will receive money
because you suffered those injuries and the pain that accompanies the injuries. That's the good
news. The bad news is that some people say there is no sum of money that can adequately
compensate them for the pain they've endured. As a former educational psychologist, Mr. Bradley is
uniquely qualified to understand emotional issues and how they relate to your claim for damages.
- Interference with your enjoyment of life and loss of your normal activities. These
are related and are clear. If you exercised by walking two miles a day but couldn't walk for
six months following your accident, you are entitled to receive money for having the activity
of walking taken away from you. The same is true if you painted, crocheted, gardened, or did
any other regular activity.
- Lost Wages and Lost Economic Opportunities. If you were employed when you were
injured, you are entitled to 100% of your lost wages. Doctors often release patients from
work and if that happens, or if you simply are not able to work, you are entitled to your
lost wages. If you did not have employment when you were injured, and you had reasonably
expected future employment, you are entitled to recover your lost economic opportunity.
Thus, if you were un-employed when injured but had a job lined up to start a week from
the day you were injured, and you could not start that job for three weeks, you would be
entitled to the wages you would have earned had you started work when planned.
- Damage to Your Vehicle. As stated above, you are entitled to have your car
repaired at a reputable dealership if the costs of the repair are less than the value
of your car. If the cost to repair your car is greater than what your car is worth,
then you are entitled to the value of an equivalent vehicle (same type of car, similar
condition, and similar miles).
- Injuries to Others. Anyone with you in your car at the time of the collision
is also entitled to the same type of damages if they are injured. In some situations,
your spouse may be eligible to receive damages based upon injuries to you. These would
include situations where you weren't able to do normal work around the house or where
there was a loss of affection between the two of you because of your injuries.
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