DUII accident lawyers

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