Recovery of Damages

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: roydwyer.com

To view additional informative videos about personal injury law in the state of Oregon, visit Dwyer Williams Dretke 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 Dretke 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 Dretke 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.

Super Bowl Weekened DUIIs Down Over Last Year

Super Bowl XLVII has come and gone, and with it another Super Bowl weekend.  Every year this weekend is accompanied by long lines at the grocery store, dozens of football-themed commercials, and of course with a surge in drunk driving.

Superbowl 2013 | DUII Auto accident attorneys Oregon

However, according to an encouraging press release issued this morning by the Oregon State Police (OSP), DUII arrests were down throughout the state this Super Bowl weekend compared to last year.  OSP troopers arrested 38 people on DUII charges during 2012’s Super Bowl weekend, but only 31 this year.

OSP troopers also responded to two fatal traffic crashes this Super Bowl weekend.  According to OSP’s Fatality Analysis Reporting System (FARS), alcohol is a possible contributing factor in the latter of the two accidents, which occurred Sunday evening at approximately 8:20pm.  Last year three people died in separate car crashes on Super Bowl weekend and alcohol was a factor involved in all of those accidents.

As OSP highlighted in its press release, Super Bowl Sunday has become one of the most dangerous days to drive across our nation due to the high incidence of intoxicated drivers on the road.  According to the National Highway Traffic Safety Administration (NHTSA) 48 percent of nation-wide fatalities on Super Bowl Sunday involve a driver or motorcyclist whose blood alcohol content exceeds .08 percent.

In its 2010 study of Super Bowl accidents, NHTSA also found that alcohol impairment among drivers involved in fatal crashes was almost twice as high during Super Bowl weekend as it was during the week, and almost four times higher at night than during the day.

Since 2007, OSP troopers have arrested more than 300 intoxicated drivers during Super Bowl weekends.  If you or someone who you know has recently been injured in a collision with a drunk driver, then you should contact an experienced Oregon DUII auto accident attorney who can review your claim and advocate on your behalf.  Monetary damages might be available to you that can restore you to the condition you were in before your accident.