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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.

Elder Mistreatment and Nursing Home Abuse

Below are some of the most common kinds of abuse that we come across as elder abuse personal injury lawyers. Mistreatment of nursing home residents by caregivers can involve a number of situations that result in physical, emotional, or financial harm to the elder adult. Abuse and neglect can include any of the types of mistreatment listed below:

  • Abandonment, such as desertion by the person responsible for providing care to a vulnerable adult
  • Failure of the caregiver to provide articulated or expected care and services to the resident, whether intentional or negligent
  • Malnourishment or dehydration
  • Any untreated medical condition
  • A caregiver’s attitude of indifference to the resident’s physical needs
  • Failure to maintain a clean living environment for the resident
  • Financial abuse and exploitation of the resident’s resources including misappropriation of funds and illegal or improper use of the resident’s accounts
  • Infliction of physical pain
  • Over-medication
  • Inappropriate use of chemical or physical restraints
  • Sexual abuse or rape
  • Emotional abuse, such as verbal assaults or threats

These are all egregious forms of abuse and neglect that no loved one should be put through – especially not when he or she is entrusted to the care of a facility whose business is to care for the elderly. If your vulnerable elder loved one has experienced any form of elder abuse or nursing home neglect in Oregon, call us today for a free consultation and to discuss your case at 541-617-0555. We care and we can help. you

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 Cherkoss 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 Cherkoss 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 Cherkoss 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.

Does it Matter Which Doctor Treats Your Accident-Related Injuries?

Happy Friday!  Today’s video from our founder and senior partner Roy Dwyer addresses a common question that clients bring to us after they have been injured in a serious accident: does it matter which doctor treats my accident-related injuries?

As Roy explains in this clip, your choice of medical provider is indeed an important consideration in your personal injury claim. The more specialists who you consult with, the higher your overall cost of medical treatment and the more that insurance providers will object to covering your claims.

If you have been injured in an accident in the state of Oregon, contact an experienced personal injury attorney right away. Call us for a free consultation at 541-617-0555 – we can help you.

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.

Settlement for Uninsured Driver Injured in On-the-Job Accident

Our client was on the job, driving a company vehicle, when he was rear-ended while entering a freeway.  This was a low-speed collision, but it nevertheless caused property damage to the vehicle and the other driver did not dispute liability.  Following the accident, our client started to experience lower back pain that ultimately required corrective surgery.

Oregon Auto Accident Injury Attorneys | Oregon Car Accident Injury LawyersThe problem our client faced was that, although the company car that he had been driving was injured, his employer did not carry workers’ compensation insurance.  Our client had no motor vehicle insurance of his own. He called the experienced auto accident attorneys at Dwyer Williams Cherkoss for help in this on the job auto accident injury and workers’ compensation case.

The defendant’s insurance company attempted to take the position that no serious injury could have occurred because the accident was low-speed.  They also claimed that our client’s injuries were attributable to preexisting health conditions rather than to the accident itself.

We worked with the  State of Oregon Workers’ Compensation Division to get a workers’ compensation claim opened through provisions established for non-complying employers.  Once we were able to establish this claim for our client, his medical bills and wage loss were paid and he could obtain the treatment that he required.  Upon completion of his treatment we obtained documentation from our client’s treating physicians attributing his need for treatment and surgery to the automobile accident rather than to any other cause.

The negotiation process took several months since the defendant’s insurance company refused to abandon its claim that our client’s back injury was unrelated to the motor vehicle accident.  Determination and patience, supported by the facts, finally turned the tide in favor of our client.  The  adverse driver’s insurance company offered him a full policy limits settlement.  Our client was satisfied with this settlement given the insurance company’s initial reluctance to negotiate and was even happier when we were able to also establish an uninsured claim on his behalf that paid him the full policy limits.

What Happens after Your Personal Injury Complaint is Filed?

We have made it to Friday again! Today’s video from our founder and senior partner Roy Dwyer discusses what happens after your Oregon personal injury or serious accident complaint has been filed:
 

As Roy explains in this clip, once your claim has been filed, we (your attorneys) bring your complain to a process server, who serves that complaint upon the defendant. The defendant then gives it to the insurance company and the insurance company turns it over to their lawyer.

If you have been injured in an accident in the state of Oregon, contact an experienced personal injury attorney right away. Call us for a free consultation at 541-617-0555 – we can help you.

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

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