Recovery of Damages

Can You Be Certain That You Will Win Your Case?

It is Friday again and time for another video from Roy. In this week’s video, Roy answers a common question from clients, which is whether or not he can guarantee that they will win their cases. Here is what he has to say on the subject:

We would love to be able to tell you that there is a guarantee that you will win your Oregon personal injury claim, but in reality we cannot. Your case is tried in front of 12 citizens, some of whom do not believe in the justice system and do not believe that injured people should be compensated. Even if you win on liability, the jurors may keep your damage reward low. Unfortunately, we have seen cases where very small money damages are recovered. We have also seen cases where no offers are made and large money damages are awarded. If you are willing to roll the dice, the justice system could work for you.

If you have been injured in an accident in the state of Oregon, call an experienced personal injury attorney right away. Call us for a free consultation at 541-617-0555 or visit our website for more information:

To view additional informative videos about personal injury law in the state of Oregon, visit Dwyer Williams Cherkoss PC’s You Tube channel.

How Do Your Medical Bills Affect Your Oregon Personal Injury Settlement?

Happy Friday! In this week’s video clip, our founder and senior partner Roy Dwyer discusses how your medical bills will affect your Oregon personal injury settlement. Here he is:

As Roy explains at more length in this clip, the amount of your medical bills does make a difference in your Oregon accident injury case because the insurance company looks at “special damages” when evaluating your case.

If you have been injured in an accident in the state of Oregon, call an experienced personal injury attorney right away. Call us for a free consultation at 541-617-0555 or visit our website for more information:

To view additional informative videos about personal injury law in the state of Oregon, visit Dwyer Williams Cherkoss PC’s You Tube channel.

After Tough Negotiations, Large Settlement for Injured Pedestrain

Our client was walking through a parking lot on his way to a bus stop when a motorist backed up without looking and hit him.  Our client was knocked to the ground and his hip and elbow were broken.  Our client sought timely medical help and treatment for his accident-related injuries, but his medical expenses exceeded the at-fault driver’s insurance policy limits.

Oregon Pedestrian Accident Injury AttorneysAfter he had hired the dedicated and tough auto accident injury attorneys at Dwyer Williams Cherkoss PC, we contacted the at-fault driver’s insurance company and were able to get it to disclose its insured’s policy limit.  Once we knew this figure, we let our client’s health insurance know that there would not likely be enough money to go around.

After several rounds of negotiation, we were able to reach an agreement with our client’s health insurance company wherein it agreed to reduce its lien by almost half to total outstanding amount.  From there, we were able to get all of our client’s accident-related medical expenses paid and to get him a generous pain and suffering settlement.  Our client was thrilled with his decision to work with our experienced and tough personal injury attorneys.

Dog Bite Accident Claims Are on the Rise in Oregon

In a news release from State Farm yesterday in honor of Dog Bite Prevention week, the insurance company proclaimed that dog bite accident claims are on the rise throughout our state.  According to State Farm’s amalgamated research, almost 5 million people are bitten or attacked by dogs every year across the United States. Drawing from State Farm’s research, dog bites are on a significant rise in Oregon.  Our state ranked 15 for the most dog bite claims. The insurer handled 77 dog-bite claims in Oregon last year, up from 62 in 2011.

In addition to the number of claims, the cost associated with treating these injuries seems to be mounting as well.  State Farm said that it spent $1.2 million helping Oregon customers recover from dog bites. This figure is nearly double what State Farm paid dog accident injury victims in 2008.  Hilliard said there are a number of factors that contribute to the rise in expenses paid – additional claims, medical treatments and severity of the injuries are just a few.

“A dog’s tendency to bite depends on factors like heredity, obedience training, socialization and health,”said Brad Hilliard, State Farm spokesman in Salem. “There are good dogs and bad dogs within every breed, just as there can be responsible and irresponsible owners of each breed.”  As a result, he said, “we do not track the type of breed for each claim.”

As the experienced dog bite and dog attack injury attorneys at Dwyer Williams Cherkoss know, any dog may attack when provoked.  But dog bite injuries are preventable when appropriate steps are taken to keep everyone safe.  These preventative measures include:

  • NEVER leave a baby or small child alone with a dog, even if it is a family pet. Children are often bitten by a dog in their own household.
  • Make sure your pet is socialized as a young puppy so it feels at ease around people and other animals.
  • Never put your dog in a position where it feels threatened or teased.
  • Walk and exercise your dog regularly to keep it healthy and provide mental stimulation.
  • Use a leash in public to ensure you are able to control your dog.
  • Regular veterinary visits are essential to regulating the health of your dog. A sick or injured dog is more likely to bite.
  • Be alert. If someone approaches you and your dog while out on a walk, caution them to wait before petting the dog, giving your pet time to be comfortable with the stranger

If you or a loved one has been injured in an Oregon dog attack, call our caring and experienced dog bite injury attorneys today at 888-257-9023.  We can help you!

Acceptance or Denial of your Workers’ Compensaiton Claim and the “Interim Period”

Last week I published three blog posts in a series that I am composing this month on workers’ compensation in the state of Oregon.  Those posts concerned:

  1. How to file an Oregon workers’ compensation claim.
  2. Obtaining medical treatment in your Oregon workers’ compensation claim.
  3. Recovering lost wages in your Oregon workers’ compensation claim.

In this blog I will clarify a term that clients ask me about all the time, and I will explain what it means when your claim is accepted or denied.

Clients who have sustained work-related injuries or been hurt in workplace accidents frequently ask me to explain what an “interim period” is.  The interim period is a term that insurance companies give to the period of time in between when your employer learns that you have filed a claim and when the insurance company determines whether or not it will accept or deny your claim.  During the interim period, the insurer will only pay for limited medical treatment.

The insurer must either accept or deny your claim within 60 days of the day on which your employer learns of your claim.  If your claim is accepted, then the insurer will send you a Notice of Acceptance that itemizes your medical conditions that have been accepted for benefits. If your claim is denied, then the insurer will send you a letter explaining its reasons for denying your claim. It will notify you of the appeal process if you believe that the insurance company made its decision in error.

Check this blog again soon for the next installment in our Oregon workers’ compensation series.  I will be writing more about medical treatment in your workers’ compensation claim.