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Personal injuries happen due to negligence, intentional torts, strict liability, and other wrongdoing. In Oregon, you can sue the party who harmed you to recover compensation for damages. However, most personal injury cases are resolved without filing a lawsuit, and many lawsuits settle without going to trial.
Understanding the personal injury claims process can help you anticipate whether your case might go to trial. Working with an experienced Portland personal injury attorney who is a resourceful negotiator and a skilled litigator means you are prepared for any situation that could arise.
A personal injury refers to injuries to your body, emotions, or reputation.
Therefore, personal injury cases begin with accidents or injuries, such as:
A personal injury recovery is the compensation you receive for your economic and non-economic damages caused by another party’s negligence or wrongful acts.
Personal injury cases differ, but the general steps of the process include:
It is crucial to seek prompt medical attention. You must prove that the party’s actions or inactions caused your injuries. Therefore, you need medical evidence linking your injuries to the accident or other conduct by the at-fault party.
Delays in medical care could cause problems in your personal injury case. The other party may allege that your injuries were not caused by the accident because of the delay in seeing a doctor. They may also state that you failed to mitigate damages, which could lower how much money you receive.
Most people benefit from hiring an experienced Portland personal injury lawyer to handle their claims. Attorneys understand the law and how insurance companies operate. The insurance company has unlimited resources to fight your claim. Hiring an attorney means a legal team is looking out for your best interests.
An attorney has the resources and skills to investigate your claim and gather evidence. Injured parties have the burden of proving the legal elements to establish causation, fault, and liability. If you cannot prove each element of the case, a court may not hold the other party responsible for your damages.
Most personal injury cases are based on negligence.
Winning a negligence claim requires you to have evidence proving:
Your lawyer may hire expert witnesses to assist in investigating and preparing the case. While you complete your medical treatment, your attorney gathers evidence to build a solid claim for damages.
Damages in a personal injury case depend on the facts and circumstances. However, most claims include economic and non-economic damages.
Examples of damages include:
If you sustained a life-altering disability, you could receive future damages. Medical specialists, financial professionals, and other experts can assist in estimating the costs and damages over the rest of your life.
Insurance companies use every tactic and trick in their books to undervalue damages. Your attorney understands the actual value of your losses and how to use the evidence to support them.
When you complete medical treatment (i.e., reach maximum medical improvement), your attorney will prepare a settlement demand letter. The letter is intended to lay out the personal injury case in a way that convinces the insurer to pay the amount you demand for settlement.
The insurance company has investigated the claim and gathered evidence, too. A claims representative will review the demand letter and prepare a response. They could pay the claim or deny it altogether. In many cases, the company issues a counteroffer for a lower amount, which begins back-and-forth settlement negotiations as each party argues their case.
If you accept an offer, your attorney prepares a settlement agreement. Signing an agreement without legal representation is not in your best interest. The agreement includes waivers of liability. In other words, you agree to give up your right to pursue further claims by accepting the settlement amount.
You may need to file a lawsuit and proceed to trial if negotiations fail.
Your attorney may have already filed a personal injury lawsuit. In some situations, filing a lawsuit earlier in the case is a strategy used to pressure the insurance company to settle the claim. If you reach a settlement, the lawsuit is dismissed.
The basic steps in a personal injury lawsuit include:
You can settle a personal injury lawsuit any time before the jury reaches a verdict. Once the jury reaches a verdict, the trial ends. Either party could appeal the decision if they believe they have legal grounds.
Many factors must be considered to decide whether to go to trial or settle a personal injury case. For example, comparative fault could be a factor. If you could be partially to blame for causing your injury, going to trial might not be the best option. On the other hand, if you have strong evidence and the insurance company refuses to negotiate in good faith, going to trial may be what you should do.
Your attorney will discuss these factors with you and give you their legal opinion, but it is your decision whether to accept a settlement.
The best way to know whether you have a personal injury case is to speak with an attorney. Call a Portland personal injury lawyer for a free consultation. An attorney will explain your legal options so you can make a decision that is best for your situation. Call Tillmann Law Personal Injury Lawyers at (503) 773-3333 to schedule your free consultation.
