Dwyer Williams Cherkoss Attorneys, PC is a team of highly experienced Medford personal injury attorneys, each with decades’ worth of understanding and know-how particular to their specialty. Our Medford, OR legal team possesses more than 100 years of personal injury litigation experience, all of which is built around helping people who have been thrust into a situation that is not their fault, and from which they cannot extract themselves through their own efforts alone. If you or someone you know has been involved in an accident and is facing medical bills, loss of income, or prolonged pain and suffering, come in and see us. We’ll help you figure out a plan to get back on your feet.
Call Us Today for a FREE Consultation (541) 617-0555.
Nobody wants to think about these things while they’re suffering, or grieving from the loss of a loved one. We’re here to do that for you.
Auto Accidents in Medford
Automobile accidents have a very long recovery time — both physically and psychologically. The trauma can return to haunt a victim decades later with mental anguish and injuries needing attention.
You deserve compensation for your medical expenses, and for your pain and suffering. Contact our experienced automobile accident lawyers today.
An Oregon woman was lawfully driving her car through a downtown intersection when another motorist driving a rental car ran through a red light, pulling out in front of the first driver and forcing her to slam on her brakes. Unfortunately, she was unable to stop before colliding with the second driver. Her vehicle struck him in the middle of his car on the driver’s side and was virtually totaled. The driver sustained serious injuries for which she sought immediate medical attention.
When We Were Called
This injured driver contacted Dwyer Williams Cherkoss Attorneys, PC, as she knew that we are experienced Oregon car accident injury lawyers, to help her resolve this accident and to settle her medical and compensatory claims. Upon being hired, we immediately contacted the at-fault driver’s insurance company and it conceded up-front that the rental driver was fully at fault for this accident. The driver was a tourist visiting beautiful Oregon from his home abroad.
Fortunately for all involved, the car that he had rented offered full coverage to tourists possessing and carrying on them valid foreign driver licenses and international driver permits. In the State of Oregon it is perfectly legal for foreign drivers to drive on Oregonian roadways as long as they have these two legal documents, carry them while driving, and purchase insurance to cover the length of their stay in the state.
How We Were Able to Help
We kept this insurance carrier up to date on our client’s injuries, treatment protocol, and medical expenses which helped make the settlement process smooth and efficient. When our client had completed her treatments, we sent a settlement demand to the adverse insurance company.
After several rounds of negotiation, we were able to secure a fair settlement that included payment for all of our client’s accident-related medical treatment, reimbursement for her lost wages, and which included a lump sum to compensate our client for the pain and suffering that she endured as a result of this car accident.
She was very happy with her selection of seasoned Oregon car accident injury attorneys Dwyer Williams Cherkoss Attorneys, PC to negotiate on her behalf in this international driving debacle.
Bicycle Accidents in Medford
Often, bicyclists are accused of wrong after an accident with a motor vehicle. It can be hard to prove the driver is at fault. The bicyclist will probably have to endure lengthy physical therapy before they can return to normal activities.
If you were in a bicycle accident and weren’t at fault, you deserve compensation for the medical expenses you have incurred, as well as the lost wages while you recovered. Additionally, you are entitled to any future medical expenses, future lost wages, and, of course, for your past and future pain and suffering.
Get an attorney that specializes in bicycle accidents to ensure you receive fair compensation.
Our client, one of Oregon’s many bicycle commuters, was riding his bicycle to work on his regular route. He was following the rules of the road and riding on the proper side of the road, with traffic. A car zoomed past him and made a right turn directly across his path, before he had any time to slow or avoid the car, causing him to crash headlong into the car’s rear side. As a result, he suffered serious injuries.
When We Were Called
When he attempted to file a claim with the driver’s insurance company, they denied it, stating that the driver had done nothing wrong and that our client should have applied his brakes or otherwise avoided the car – an act that our client knew to be impossible. Frustrated by the insurance company’s response, he contacted us for help in getting a better settlement in his bicycle accident case.
How We Were Able to Help
When medical expenses are not high, Oregon law allows a personal injury attorney to send the insurance company a demand letter for $10,000. This letter had the desired effect of getting the insurance company’s attention, because it also stipulated that the insurance carrier had to pay attorney fees if the victim won.
After opening negotiations with this letter, we were able to obtain a very fair settlement for our client that covered his medical expenses and reimbursed him for pain and suffering.
Of course, we have handled additional bicycle accident cases as well, many of which were quite significant, including several that we took to hearing and were awarded several hundred thousand dollars apiece on behalf of our clients. Long story short, we pride ourselves for our thoughtful approach and advocacy on behalf of our clients in cases both big and small.
Dog Attacks and Dog Bites in Medford
Dogs are normally considered best friends to humans, though not always. When a dog turns on a person and bites or attacks, the injuries are almost always expensive to treat — from surgery to addressing infection to plastic surgery.
Action also needs to be taken in regard to the animal that attacked when it is unprovoked. Call our team so we can assist you through this time and get you the help you deserve.
One evening, our client, an elderly Oregonian gentleman, was taking out his garbage. Two dogs charged him, began circling him and seemed as if they were going to physically attack him at any second. He recognized the two dogs as neighborhood menaces who had been involved in prior aggressive behavior and attempted to get away from them. In the course of trying to get away, he tripped and fell, breaking several ribs, for which he sought medical treatment.
When he attempted to talk to his neighbor who owned the dogs, she refused to take any responsibility. She denied having insurance because of a pending foreclosure on her house. She also had the gall to deny ownership of the dogs, in spite of the fact that our client recognized the dogs that attacked him when he went to her house. Unable to get the dogs’ owner to cooperate or accept responsibility, he decided to call a personal injury lawyer specializing in dog attacks.
When We Were Called
Upon taking the case and hearing our client’s story, we investigated the accident further by talking to neighbors who confirmed that the dogs had been involved in previous attempted attacks in the neighborhood, but that their owner had made no apparent effort to do anything about them. We sent a demand to the dog owner, but she refused to respond. Finally, we got her on the phone and found out the name of her former home insurance company. We then contacted that insurance company, and they confirmed that she did have insurance at the time of the dog attack accident involving our client. We sent the insurance company a demand letter, and the matter settled in less than three weeks.
How We Were Able to Help
Thanks to our persistence, our client received a favorable settlement that covered his medical bills and compensated him for his pain and suffering. He was glad that he had contacted the Personal Injury Attorneys at Dwyer Williams Cherkoss Attorneys, PC, as if he hadn’t, he likely would have received no compensation whatsoever.
Motorcycle Accidents in Medford
The roads of Oregon are a beautiful place to ride. They are also extremely dangerous. Without the outer protection that a traditional automobile affords, injuries can be catastrophic or fatal — with disabling injuries or death.
If you or a loved one were in a motorcycle accident, let us help you.
Our client had just picked his motorcycle up from a repair shop in Central Oregon and was heading to his home when this accident occurred. As he made a right hand turn, a motorist driving his car in the opposite direction made a left turn and ran directly into him. The force of the impact knocked our client off of his motorcycle and onto the hood of the driver’s car. Once the police arrived on the accident site, the at-fault driver was cited for making a dangerous left turn.
When We Were Called
Our client was a military veteran and he ran some of his bills through the Veteran’s Administration and Medicare. Both of these agencies had rights to reimbursement. Our client knew Dwyer Williams Cherkoss Attorneys, PC’s reputation for getting results in Oregon motorcycle accident cases, so he called us and we accepted his case.
How We Were Able to Help
Because our law firm regularly works with the VA and Medicare, we immediately contacted both agencies to finalize their respective liens. We also investigated the liability of the at-fault driver, as well as our client’s damages, working closely with his medical team.
After several rounds of tough negotiations, the case settled for a large amount. After reimbursing the VA and Medicare, our client still received a generous pain and suffering compensation settlement.
Neck, Back & Brain Injury in Medford
Injuries around the spine can require intensive therapy or long-term medical care. The expenses can be astronomical, and the pain and suffering is usually prolonged. These injuries are common in all types of accidents and abuse. It is important to see a doctor immediately to ensure quick help or prevent lasting harm.
If you or a loved one have a spinal injury due to an accident, contact our attorneys so we can help take the financial burden off your shoulders.
A four-year-old passenger was injured when her grandfather attempted to cross an intersection and another driver drove directly into the passenger door of their car. Our young client’s head, ribs, and right arm were fractured.
How We Were Able to Help
The insurance company claimed that our client’s brain symptoms were the result of hereditary ADHD, and fought us tooth and nail. It also claimed that our client’s grandfather was at fault for not realizing their insured was about to run a red light! We were forced to file the claim in court and proceed with intense discovery. In the end, we settled the case for $395,500, and were able to place most of this sum into a structured settlement so that it would gain interest during the young client’s childhood. Of course, this also needed court approval. To that end, we worked with a structured settlement company and the court to get the settlement approved and provide judicial monitoring until our client turned 18.
Nursing Home Abuse and Elder Law in Medford
A harsh reality in our world is that not everyone who should be held responsible ultimately is. When they are supposed to care for someone we love, and instead bring them harm, it can be devastating. If your loved one was harmed through neglect or abuse, contact our attorneys so we can make sure it doesn’t happen again and we can move them into surroundings that are safe and healing.
What to Do if You Suspect Elder Abuse?
If you suspect that your loved one is suffering from neglect, abuse, or financial exploitation:
- The first step is to remove them from that situation so that he or she is kept safe
- Ensure that any injuries, both physical and psychological, are treated by experts in this area
- Obtain evidence
- Speak to your loved one about what he or she has experienced
- Take photographs that show any potential signs of abuse and gather witness statements
- Contact our experienced personal injury attorneys at Dwyer Williams Cherkoss Attorneys, PC
Often, the elderly are unable to clearly communicate what has happened to them, but thankfully, health professionals who work in this area can be of great assistance.
The Oregon Department of Human Services has fantastic additional up-to-date resources as well as a toll free phone number, 1 (855) 503-SAFE, that anyone can call to report suspected neglect or abuse and receive further information.
Semi-Truck and Tractor Trailer Accidents in Medford
Semi-trucks are heavy vehicles that are difficult to maneuver suddenly or bring to a rapid stop without causing great harm. Drivers who are exhausted or inexperienced, with too little training, can easily make mistakes that cause disastrous results for the vehicles around them.
If you have been harmed in an accident caused by a semi-truck, contact us so we can help.
Our client in this matter was driving his work car when a semi-truck in the lane next to him drifted into his lane, struck his car, and caused it to lose control and collide into the median barrier. To make matters worse, as the truck began to jackknife, its trailer swung around and struck our client’s car a second time. EMS had to use the “jaws of life” to cut our client out of his car.
Because of the collision, our client suffered neck and back injuries that resulted in severe nerve impingement. His neck condition was deemed inoperable, and his low back surgery was not 100% successful. The carrier for the trucking company blamed our client for the collision, and refused to settle his claim with him.
How We Were Able to Help
An outside firm originally represented our client. However, once it was determined that the matter would have to be filed in federal court, that firm contacted Dwyer Williams Cherkoss Attorneys, PC to represent the client through the litigation process and take the case to trial. We attacked the case with vigor, engaging in extensive paper discovery as well as many depositions. We uncovered things the insurance carrier likely thought we never would, forcing it to admit liability just a week prior to trial. However, it still denied that our client was as injured as his doctors said he was, and only offered $500,000 to settle. Our client turned that offer down, and we went to trial.
Our skilled trial attorneys tore the defense and its witnesses apart. In the end, the jury awarded our client nearly $4.5 million in damages – those for past and future medical expenses, wage loss, impaired earning capacity, loss of home services, and pain and suffering. Our client reported that he was extremely pleased he chose us to take his case to trial.
Slip, Trip and Fall Injuries in Medford
Injuries happen on jobs or at home. Slips, trips and falls can be the most dangerous of the commonly seen injury events. The human body is made to move in certain patterns, and this type of accident can cause severe muscle, bone, and tendon injuries — requiring months or years to fully heal.
If you have been injured in a slip, trip or fall that is not your fault, you deserve to be compensated for your pain and suffering as well as loss of income from being out of work. We can represent you and get results.
Our client lived in a duplex, where she shared a porch area with three other tenants. The landlord, making some much needed improvements, painted the porch, including the floor. Unfortunately, he apparently chose the wrong kind of paint, because the glossy finish became very slippery when it got wet. On one rainy morning, one of the other tenants slipped and fell. The tenant – fortunately not injured – notified the landlord of the problem immediately, and all four tenants assumed that he would fix the problem. Instead, he ignored it and did nothing. Although she always tried to remember to be careful when it was wet, one rainy afternoon our client slipped and fell, walking from the neighbor’s apartment to her own. Her fall did result in significant personal injury, and she sought medical attention.
When she received the bill for her medical expenses, she filed an insurance claim, expecting this would be an easy-to-resolve case, since the landlord was clearly at fault for not fixing a problem of which he was aware. She waited and waited but never heard a response from the insurance company. Much like the landlord, they appeared to be ignoring the problem.
When We Were Called
Frustrated by her inability to get a response from the insurance company, our client decided to contact Dwyer Williams Cherkoss Attorneys, PC, whose lawyers are experienced in premises liability personal injury cases to see if we could help her get a answer from the insurance company.
We evaluated her claim, then sent the insurance adjuster a ORS 20.080 letter. This letter simply informed the adjuster that Oregon law mandates that the insurance company might have to pay attorney fees if we were unable to resolve the claim.
How We Were Able to Help
Not surprisingly, this provoked a response shortly after the company received the letter, and it was a great response. The insurance company offered a settlement that was at the top end of our expected range. Of course, we accepted, and the client was able to pay her medical expenses, and was also compensated for her pain and suffering.
Worker’s Compensation in Medford
Injuries that occur on the job are typically ignored or downplayed by the interests of corporations and their private consultants. The chain of responsibility isn’t always clear, and that makes it seem impossible for the injured worker to know who exactly is the responsible party for their compensation.
We will help you to figure out precisely what is owed to you — and making sure you get it, allowing you to focus on your recover from your injury.
Know the Law
Under Oregon law, employers who have more than 20 workers are required to return injured workers to their jobs or to a similar, suitable job after the worker’s healthcare provider releases him/her to return to work. The workers’ compensation insurance company will notify the injured worker of that release date.
In order to be reinstated by your employer in your former position or one similar to it, you must provide the employer with this notice within 7 days of receiving it. If your employer brings you back on with fewer hours or at a reduced pay rate, you will receive temporarily disability payments to make up for those lost wages.
Oregon’s Programs for Employers
The state of Oregon has implemented a program called the Preferred Worker Program (PWP) that helps workers stay on the job or get back to work. Depending on the nature of your on-the-job injury, your employer might be eligible for benefits from the state that assist in returning you to lighter work while your claim is open. If you are eligible for the PWP, then you will be provided with an ID card and information about the program once your claim is closed.
If you are injured on the job, we can help out. If the injury was the fault of your employer, we will look to see if the claim falls under the Oregon Safe Employment Act, the Employer Liability Law, and/or the Workers Compensation laws. If the injury was the fault of a third party, we will work with you and your workers compensation carrier to make sure that you – and the carrier – are compensated. Indeed, if this is the case, your workers compensation carrier will ask you to make an election whether you want to hire an attorney to handle your claim, or whether you will allow the workers compensation carrier to handle your claim. Note that if you elect the carrier to do so, it will only seek to get itself reimbursed, and will not seek any recovery for you personally. However, if you hire Dwyer Williams Cherkoss Attorneys, PC to do so, we will seek to reimburse the carrer and will also make sure that you are personally reimbursed for non-covered expenses and your pain and suffering as well.
Wrongful Death in Medford
The sudden and unexpected death of a loved one can be a horrifying experience. Court is the last place you want to be when mourning a loss, but is often the only option to take care of your family and responsibilities.
When there is a sudden death because of an accident or crime, it is necessary to receive the compensation you are due in order to maintain the living expenses for you and your dependents. Hopefully, this will allow the healing and time with space you need to grieve before moving forward with your life.
Who Can File for Wrongful Death in Oregon?
Oregon allows for a number of individuals who may be related to the individual who has passed away to file a wrongful death suit:
- Surviving spouses and their children
- Surviving parents
- Surviving grandparents
When a claim is filed by a surviving loved one, he or she can receive financial damages for a variety of losses that have been suffered due to the death of their loved one:
- Funeral expenses
- Burial expenses
- Medical expenses
- Lost wages
- Lost benefits
- Pain and suffering
- A loss of comfort, care, society and companionship suffered due to the unexpected loss of a loved one
The payments received for these losses can be substantial, and are in place to financially protect the close family members of the deceased. For example, in one of our cases, our client’s widow received $1.3 million to compensate her and the surviving members of her family.
Limited Time to File
In Oregon, there is a limited amount of time for filing wrongful death claims, known as the “statute of limitations.” Generally speaking, family members who suspect that neglect has played a role in the untimely death of their loved one must file a claim within three years of the date of the event that caused his or her death.
At the law offices of Dwyer Williams Cherkoss Attorneys, PC, we provide compassionate counsel to each of our clients the ins and outs of wrongful death claims while aggressively standing up for the rights of the deceased and their families in court.
Get Help Today with Experienced Medford Personal Injury Attorney Now!
Our law offices are located in Medford, OR, with additional offices throughout the greater region. If you require the services of a Medford personal injury lawyer, don’t delay. Give us a call, or stop by, so that we can set you on the fast track to receiving the compensation you are due, and help to speed up your recovery.
Call Us Today for a FREE Consultation