Obstacles to Settling Oregon Car Accident Injury Cases
Insurance companies are very experienced in keeping settlement values low, while most folks injured in an auto accident have little to no experience negotiating with insurance companies. This makes it difficult for an injured person to receive fair compensation without the help of an experienced personal injury attorney.
Much of the difficulty in settling a case for a reasonable value involves knowing whether or not the driver who caused the accident was legally at fault. In order to recover for injuries caused in a car accident, the law of negligence is usually applied.
• Not paying proper attention to traffic ahead
• Driving at a speed that is faster than what is reasonable under the conditions
• Failing to keep proper control of one’s vehicle
• Failing to yield the right of way
• Failing to use headlights and/or turn signals
• Failing to obey traffic control devices, such as stop signs or stop lights
• Distracted Driving
Another difficulty in settling a case for a fair dollar amount involves properly evaluating the value of the case, given that every case is unique. Helpful factors include clear liability, clear injuries, a lack of prior injuries or pre-existing conditions, and reasonable medical treatment. Complicating factors include unclear liability or injuries, prior insurance or workers compensation claims, degenerative or congenital medical conditions, prior injuries, surgery as a result of the car accident, and permanent pain as a result of the car accident. Only an experienced and specialized personal injury attorney can properly navigate these issues to get the client a fair settlement or jury verdict.
Sometimes, a bad driver’s actions are more than negligent. If that driver acts recklessly or intentionally, such as driving while intoxicated, a court might award punitive damages. “Punitive damages” is an award of money intended to punish the bad driver, and is in addition to the damages that would be awarded in a common negligence case. The potential for punitive damages can increase the settlement value in a case when handled by an experienced attorney.
More information on What you Should Know about your Auto Accident Claim
Watch our brief video “Beware The Insurance Adjuster“
If you or a loved one is in need of legal assistance concerning a car accident, call Dwyer Williams Cherkoss Attorneys, PC at 541-617-0555, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis. That means we get paid for our services only if there is a monetary recovery. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. If this date passes, your claim will be lost forever.