Personal Injury Lawsuit Settlement

Preexisting Conditions at Issue in Rear-End Collision

A driver in Eugene, Oregon, was recently the victim of a rear-end collision in which her vehicle sustained minor damage and she suffered a serious lower back injury. This driver contacted Dwyer Williams Dretke PC to represent her when her insurance company refused to pay her post-collision medical bills, claiming that her injuries were in fact preexisting health conditions. At the time of this accident, the injured driver had already been in treatment for three years for an existing lower back injury. She realized that she needed an expert in car injury law who could help her prove that her injuries were more than mere preexisting conditions. We took her case immediately.

The details of this collision are straight-forward. Our client was sitting in the left-hand lane of a two-way street, waiting to turn as soon as there was a break in oncoming traffic, when she was struck from behind by another driver. She was able to drive away from the accident and physical damage to her vehicle was minimal. The complicating factor that required the attention of an expert car accident injury lawyer was that at the time of the accident our client was already being treated for an injury in the same area of her back that was hurt in the collision.

Even though the property damage that our client sustained was minor and even though she already had lower back pain at the time of this collision, the amount and the nature of the pain and suffering that she experienced after the accident was different than what she experienced before being rear-ended. Medical examinations proved that a difference existed between our client’s preexisting lower-back condition and her post-accident back injuries. Despite this irrefutable proof that our client’s injuries were the result of the collision, her insurance provider did not want to pay her medical bills.

Once our client completed treatment for her injuries, which included doctor visits and extensive physical therapy, we obtained all relevant medical records. We then provided this documentation to the adverse insurance carrier, which ultimately accepted that our client’s need for treatment was related to the negligence of their insured and not to any prior accidents or on-the-job injuries. It took determined negotiation for Dwyer Williams Dretke PC, but we were eventually able to secure a fair settlement for our client that included reimbursing her medical providers and compensating her directly for the pain and suffering that she had endured in this painful rear-end collision.

Negligence Found in Dog Attack Injury Claim

Several months ago, Dwyer Williams Dretke PC was contacted by the mother of a young girl who was attacked and bitten by her neighbor’s dog. The girl’s mother sought an attorney well-versed in dog bite liability to represent her injured daughter and to seek damages against the dog’s owner. After hearing the details of the attack, we immediately took the case: our client is a young girl who was suddenly attacked by an unleashed dog roaming in her quiet Eastern Oregon neighborhood. The dog approached our client and bit her while she was riding her bicycle near her home.

Dog bite injuries have the potential to be very serious, especially because the majority of dog bite victims are young children like our client. Dogs attack children instead of adults because children are less commanding and less threatening than adults: dogs treat children like playmates or prey, not masters. Children also move quickly and erratically, which can trigger dogs to herd and attack them according to their natural canine instincts.

This case was a reminder that dog bite injuries have the potential to maim, disfigure, traumatize, and even kill the most vulnerable members of our society with little if any provocation on the victims’ part. In this case, our client did absolutely nothing to encourage the wayward dog’s attention or aggression. She was the quintessential victim, who suffered physical as well as emotional trauma as the result of her neighbor’s failure to contain a potentially aggressive pet.

Interestingly, in this case the dog’s owner assumed responsibility for the accident right away yet she adamantly refused to turn the matter over to her insurance company. As our client’s expert dog bite attorneys we obtained copies of all documents related to the injuries sustained by our client and disseminated them to all interested parties. These documents included the girl’s medical records, the bills that her family incurred during her treatment, and the report our client filed with Animal Control.

The case settled for a generous sum after determined communication with the dog owner. We urged that she turn over the claim to her insurer several times, both in writing and on the telephone, to no avail until we threatened a personal lawsuit. The matter was then quickly resolved by the insurance company. Our client received a favorable settlement that covered her medical bills and compensated her for the pain and suffering that she endured as the victim of a dog owner’s negligence.