Personal Injury FAQs

1. In the event I am involved in a motor vehicle accident, am I required to participate in an interview with the other driver’s insurer?

   Typically, within days of an accident, before a party has legal representation, the adverse insurer will attempt to contact and record an interview of the injured party, either by phone or in person, in an effort to seek details of the accident and the injuries of the party. While a driver must cooperate with their own insurer, a driver is not required to answer questions posed by the adverse insurer. When an injured party retains legal counsel, the attorney handles all communication with the adverse insurer.

2. Following an accident, am I required to pay for my medical treatment?

   Oregon law provides that an insured driver or passenger have personal injury protection (PIP) in the amount of $15,000 for accident related treatment undertaken within one year following an accident.  An individual can obtain an insurance policy with even greater coverage for accident related injury.

3. What happens if treatment costs exceed the $15,000 PIP coverage?

   In the event treatment costs exceed $15,000 (as they often do) the attorney will confer with an individual’s healthcare insurer to protect that insurer’s recovery interest.  In the event a person has no additional insurance coverage, an attorney will work with medical providers to protect their recovery interests so that necessary treatment will provided to an injured party.

4. Will my case go to trial?

   The statistics indicate that a vast majority of cases reach settlement prior to trial.   An attorney typically submits a Demand which will include treatment and billing records with analysis and persuasive dialogue concerning the adverse affect of the injuries on a person’s life.  With a Demand, an attorney is requesting money on behalf of the injured party.

5. What is arbitration?

   Arbitration is similar to a trial but much less formal or costly.  Typically, a third attorney, agreed upon by the parties, reviews treatment documentation and hears argument regarding liability (who is at fault).  The arbitration typically takes place at an attorney office and a decision regarding liability and monetary damage is rendered.  In Oregon, arbitration is mandatory for cases where the prayer (the amount of damages sought) is less than $50,000.

6. What is Diminished Value?

   When a vehicle is damaged in an accident and subsequently repaired, an owner is required to report the damage repair to a prospective vehicle purchaser.  A previously damaged/repaired vehicle will typically have a reduced resale value.  The difference between this resale value and that of a nearly identical undamaged vehicle is the diminished value and is recoverable.

7. How Much Will this Cost Me?

   In Oregon, an injured party is generally represented through a Contingent Fee Agreement. The fee for legal services is contingent and based upon an amount recovered through settlement or litigation.  The attorney is paid a percentage of the recovery.  In the event there is no recovery, there is no fee.