DUII accident attorneys

One Way Street Accident Case Settled in the Right Direction

Our client had attended a show at a downtown Eugene, Oregon venue and was headed home about 2:30 am. He was sober and wearing his seat belt. He was leaving downtown on a one way street when he saw a car approaching in the opposite direction – going the wrong way on the one way. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Cherkoss PC | Oregon Personal Injury Attorneys Thinking as quickly as he could, he pulled over to the side of the street to avoid a crash. In spite of his best efforts, the other driver hit our client head-on. To make matters even worse, the other driver jumped out of his car and attempted to run away from the scene. The police caught up with him, fortunately, and arrested him for driving under the influence. Our client suffered a chipped tooth and neck and back strains, for which he sought medical attention as soon as he could.

Near the end of his treatment regimen, he filed a Personal Injury Protection (PIP) claim with his own auto insurance company for his medical expenses. They tried to deny him, arguing that his multiple massage therapy and physical therapy visits over the five-month recovery period had been excessive for the injuries he had sustained. They attributed much of his medical care to pre-existing conditions. Feeling helpless to fight the insurance company alone, he called us, expert auto accident attorneys specializing in DUII accidents.

Upon taking the case, I obtained all of our client’s medical records and provided them to the insurance company, detailing how his treatment was directly related to his car accident and necessary, not excessive. With the medical records behind us and some skillful negotiation on my part, we were able to counter the insurance company’s arguments and get our client the full amount claimed under his PIP coverage. Additionally, we filed a claim with the intoxicated driver’s insurance company and got recovery for property damage and pain and suffering. Our client was able to walk away with his medical bills, property loss, and pain and suffering covered by the settlements.

If you’ve been in a car accident and need help getting money from your own PIP coverage or from the at-fault driver’s insurance, we can help. Call us today. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555

Lost Wages, Medical Expenses Recovered in Car Accident Settlement

One weekday morning in Eugene, Oregon, our client was driving to work in his Toyota Rav4. He was wearing his seat belt and driving his usual commute – nothing out of the ordinary. Nothing, that is, until a Jeep Cherokee driving in the opposite direction swerved across the center line and collided head-on into our client’s vehicle. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Cherkoss PC | Oregon Personal Injury Attorneys Emergency medical personnel responded to the accident and took our client to the hospital, where his facial abrasions, strained wrist, bruised knees, and neck and back strains were examined and a treatment plan involving four months of physical therapy and rest was prescribed.

Given the relatively early hour of the auto accident, our client was surprised when he learned that the other driver was driving under the influence of intoxicants. When he contacted the police to get the other driver’s insurance information, he got the bad news that the information was incorrect. The police and our client assumed that the other driver was uninsured, leaving our client in a bad situation. Unsure of what to do next, he sought the help of an experienced auto accident attorney specializing in DUII accident cases.

As soon as I took the case, I looked into the at-fault driver’s insurance information and found out that he was insured. I got the correct information and filed a property damage and injury claim with the DUII driver’s insurance company. I also opened a personal injury protection (PIP) claim with the client’s insurance, which would cover his medical bills and lost wages initially, until we could settle the case with the at-fault driver’s insurance. I then provided our client’s medical records to the DUII driver’s insurance company, demonstrating the cost and extent of his injuries. Ultimately, I was able to negotiate an excellent settlement with the insurance company that covered our client’s medical bills, lost wages, and compensation for pain and suffering. Our client was very pleased – and glad that he had called Dwyer Williams Cherkoss.

If you’ve been injured in a car accident involving a DUII driver, we can help you get the best settlement possible. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555

Personal Injury Attorney Influences the Outcome of DUII Case

Our client, a young woman, and one of her good friends had gone out for lunch and done some shopping on a cloudy Saturday in Medford, Oregon. Our client’s friend was driving her back home, along a route both ladies knew well. They were traveling along an s-shaped curve when they suddenly met a car traveling in the opposite direction in their lane. There was nothing the driver could do to avoid the crash, and the two cars collided head-on. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Cherkoss PC | Oregon Personal Injury Attorneys The impact of the crash was forceful, and our client’s friend’s car was totaled and both women sustained injuries. When police responded to the scene of the accident, they arrested the other driver for driving under the influence of intoxicants (DUII).

Our client filed a claim with the at-fault driver’s insurance company for her medical expenses. She was surprised when they responded with a low offer that clearly did not take the driver’s intoxication into account. Feeling certain that she deserved a better settlement, she contacted an experienced DUII accident attorney at Dwyer Williams Cherkoss.

After I took her case, I carefully reviewed her medical records and bills. I set a fair value on her claim and sent a strong demand letter to the at-fault driver’s insurance company. After opening negotiations in this way, I had several conversations with the insurance adjuster. The insurance company increased its original offer several times, eventually making a “top offer” that was still less than what I had valued the claim at. I then sent them an ORS 20.080 letter, which warns the insurance company that they will be responsible for the plaintiff’s medical expenses as well as attorney fees if they fail to settle the case. This tactic got them to review their “top offer” and make another offer, this time within the range of the fair value I had established for the claim. Our client was very happy with the settlement.

If you’ve been injured in a car accident involving a DUII driver, we can help you get the settlement you deserve from the insurance company. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555

DUII Accident Attorney Settles Claim for Late Client’s Wife

Our client and his wife were driving home from having dinner at their favorite Eugene, Oregon restaurant. Our client, an elderly man, was in his motorized wheelchair, secured in his specially outfitted van, which his wife was driving. They were just a few miles from their house when a drunk driver swerved across the center line and collided head on into their van. DUI-DWI-DUII Accident Attorney Oregon | Oregon DUI-DWI-DUII Accident Lawyer Our client was seriously injured in the car accident. He had been thrown into the back of his wife’s seat and had sustained multiple facial fractures and a neck fracture. Because of his existing medical problems, the attending neurosurgeon ruled that the risks of surgery were too great.

When our client was discharged from the hospital, his condition was too poor for him to return home. He was transferred to a assisted care facility where he passed away two months later due to an illness unrelated to the auto accident. It was an extremely hard few months for his wife, who was emotionally distraught by the events following the accident. In addition to her emotional distress, she was also facing medical bills that amounted to far more money than her car insurance would cover.

Her husband had only carried Medicare Part A, which covered his hospital bills and assisted care facility expenses but none of the co-pays, physician fees, outpatient lab fees, or x-ray fees. Given the amount of medical care her husband had received, this was a substantial amount of money.

Our client’s wife filed a claim with the at-fault drunk driver’s insurance carrier, but they had the nerve to deny it, saying that all of our client’s injuries and other medical problems were the result of his pre-existing condition and had nothing to do with the accident. Knowing this wasn’t the case, she knew she needed help getting the settlement she deserved and contacted us, experienced DUII accident attorneys.

After taking this case, I approached it from several different angles to make sure our client’s wife got the settlement her late husband deserved. First, we opened a Personal Injury Protection (PIP) claim through the driver’s insurance. That was quickly exhausted, and I then informed Medicare of the situation. I also advised our client’s wife to apply for medical assistance through the Oregon Department of Human Services. Last, but certainly not least, I had several conversations with the drunk driver’s insurance carrier in which I was able to prove to them that his injuries were most definitely related to the automobile accident and not pre-existing conditions.

Ultimately, I was able to negotiate for a policy limits settlement from the drunk driver’s insurance carrier and policy limits from the client’s insurance carrier. Medicare had placed a lien on the settlement for reimbursement of expenses, but their lien covered costs that were unrelated to the accident. I disputed the lien, getting them to reduce it to only accident-related expenses. Our client’s wife was able to cover her late husband’s medical bills, a tremendous weight off her shoulders at a very trying time in her life.

If you or someone you love has been injured in an auto accident involving a drunk driver, we can help. No matter how complex the case, our experienced attorneys will get you the settlement you deserve. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555