accident and injury lawyers

Client With Preexisting Back Injury Recovers Auto Accident Settlement

Our client in this matter was a passenger in a car being driven by her husband. Their car was stopped at a traffic signal, five cars back from the light. When the light turned green, our client’s husband began to move forward with traffic. As he looked in his rear-view mirror, however, he saw another motorist approaching at a very high rate of speed. That motorist rear-ended our client’s vehicle.

Oregon Back Pain Injury AttorneysPrior to this accident, our client suffered from age-related degeneration in her spine. She was receiving treatment for this degeneration when the accident occurred. We knew that we would need to provide documentation of her back condition because, often and in this case, insurance companies will attempt to blame preexisting conditions for accident victims’ injuries rather than accepting responsibility on behalf of their insureds.

In addition to ordering our client’s accident-related medical records, we ordered prior records in order to determine exactly what condition her spine was in leading up to this traumatic collision. It was very clear based on those records that the accident exacerbated our client’s preexisting back condition.

We provided the at-fault driver’s insurance company with our client’s complete medical records and, after several rounds of negotiation, the case settled for the amount we had previously determined to be the top value for our client’s case. Our client and her husband were happy with the results.

Oregon Nursing Home Residents’ Bill of Rights

The state of Oregon has a Bill of Rights guaranteeing nursing home residents certain protections including the right to be treated with respect and dignity, the right for one’s records to be kept confidential, and freedom from mental and physical abuse as well as from being given unnecessary medication. Nursing home residents cannot be transferred or discharged without good cause, advance notice, or a discharge or transfer plan, and residents have a right to a hearing in order to stop any proposed change. Other rights guaranteed to nursing home residents include:

  • The right to be fully informed of the faculties, policies, and procedures that govern the conduct and responsibilities of all residents
  • The opportunity to participate in the planning of one’s medical treatment
  • No requirement that they perform services for non-therapeutic reasons
  • The right to accept or to refuse medication, treatment, or care and to choose their own physician
  • Freedom from retaliation for complaints

Abuse and neglect in Oregon nursing homes is insidious in large part because family members do not discover the abuse until permanent injury or death occurs. If your loved one has been abused or neglected in his or her elder care facility, contact a caring personal injury attorney today. The right attorney will have the ability to develop aggressive discovery methods that prove substandard treatment or abuse is taking place and to build a solid foundation for your case. Call our dedicated elder abuse and nursing home negligence attorneys today for a free consultation at 541-617-0555.

Has Your Elderly Loved One Been Abused or Neglected?

In honor of World Elder Abuse Awareness Day, which was June 15th of this year, the attorneys at Dwyer Williams Dretke PC will be blogging this week about the persistent and horrific problem of elder abuse and neglect in our state – as well as about legal mechanisms in place to protect you and your elderly loved ones. We understand the devastating emotional impact of nursing home abuse and neglect.

Oregon Elder Abuse and Neglect AttorneysThe increasing use of nursing home facilities in Oregon correlates to our population’s increasingly older age, and it suggests that there will almost certainly be a growing number of abuse and neglect incidents in Oregon nursing homes. The sad but simple truth is that nursing home residents are vulnerable to abuse and neglect. This is especially true when nursing home residents require medical staff to be on call around-the-clock.

Many of our most vulnerable family members are subject to gross and dehumanizing neglect as well as physical, financial, and emotional abuse in long-term care facilities. The elderly are a particularly at-risk segment of the population because a disproportionate number of them have difficulty understanding or communicating that they are being victimized. Additionally, if nursing home residents are being physically or sexually abused by nursing home staff members, they may be afraid that disclosing the abuse will lead to retribution by the staff.

At Dwyer Williams Dretke PC, we offer compassionate and experienced representation to nursing home abuse victims and to the victims of neglect in long-term care facilities throughout Oregon. If someone you love has been victimized in any Oregon elder care facility, we are here to answer your questions and to offer you counsel built upon our attorneys’ 75 years of collective litigation experience. Call us today at 541-617-0555.

Fair Settlement for Workplace Slip and Fall Accident Victim

Our client in this Oregon slip and fall case was injured while on the job.  He was employed at a store where he stocked shelves and put recent deliveries in the stock room.  On the day of his accident, our client had started work on time and his initial job was to move cartons of bottled liquids from the delivery area to the stock room.  As he lifted a carton and started walking, the soggy bottom of the carton gave way, causing half gallon bottles to fall to the floor, break, and spill their contents all over.  The liquid and glass on the floor caused our client to slip and fall.

Oregon Slip, Trip and Fall AttorneysAs our client fell, he instinctively extended his arm to break his impact with the floor.  When the inevitable moment of impact arrived, his hand landed on a large piece of glass that severed a tendon in one of his fingers.  Our client picked himself up from this fall and went directly to the emergency room, where he underwent surgery to repair the tendon.  The emergency physicians treating him recommended rehabilitation consisting of physical therapy to regain movement in his finger.

Upon investigation it was immediately clear that the cartons had become wet from a leak in the semi truck that transported them.  Our client had not been advised that the cartons were wet when they were dropped off and left in his care.  The freight company initially denied liability, claiming that it was normal for trailers to leak in Oregon during cold winter months.  It also claimed that store employees were aware that cartons often arrived wet.

Our client hired the experienced and caring premises liability attorneys at Dwyer Williams Dretke to help him in this messy workplace slip and fall case. We demonstrated to the freight company that it is not “normal” for the inside of trailers to be wet during Oregon winters.  We showed that the driver never notified any store employees that the cartons were wet at the time of delivery.  This information was not written on the delivery invoice and had not been communicated orally when the driver stacked the cartons after taking them out of his truck.

With this information, the freight company conceded liability for the injuries sustained by our client.  In spite of the hurdles in this case, we were able to obtain a fair settlement that included paying our client’s medical providers and compensating him for his pain and suffering.

Oregon’s Elder Abuse Bill Moves Forward

Oregon Elder Abuse AttorneysA bill seeking to add attorneys, chiropractors, optometrists, and members of the Oregon Legislature to a list of people who are required to report elder abuse passed the Oregon House of Representatives today. Next it will go to Governor Kitzhaber for his signature.  Oregon state law currently requires certain kinds of health professionals and social workers to report elder abuse when they have reason to believe that it is taking place.