First, don’t think that your accident claim will make you rich. This is a myth. You are filing a claim to get compensation for your damages only. Damages include both economic and non-economic losses.

Economic damages include:

• Medical expenses
• Lost wages
• Money to compensate for future losses
• Etc.

Non-economic damages include:

• Pain
• Suffering
• Humiliation
• Damages to reputation
• Etc.

Determining economic damages is a lot easier than determining non-economic damages. For economic damages, you will need to look at medical bills, old pay stubs, and other records that clearly show that the accident has caused you financial losses.

For non-economic damages, you should speak to an experienced Portland personal injury lawyer. These attorneys can help you determine the value of your case by looking at previous cases, the law, and understanding the insurance claim process. If you try to do this by yourself, you run the risk of having your claim denied OR of not receiving all the money to which you are entitled.

If you need help determining the worth of your claim, our Portland personal injury law firm offers free consultations and case evaluations. Just call 503-222-4411 to speak with a legal assistant.

In most states, lawyers have no incentive to take smaller personal injury cases. Working on a contingency fee basis, there is no monetary incentive to spend their time on a smaller case, especially as many of those cases can be negotiated by the injury victims themselves.

But if you were injured in an Oregon accident, the Oregon Revised Statute 20.080 provides an incentive both for the insurance company to make injury victims a fair offer and an incentive for attorneys to take smaller cases worth under $10,000.

ORS 20.080 basically states that if an insurance company makes a low offer to someone without a lawyer, if that injured person hires an attorney and gets a higher offer then the insurance company will have to pay all the legal fees.

Many insurance companies make money be delaying or denying accident claims so ORS 20.080 punishes them if they try to take advantage of people without attorneys by offering them unfair settlements. If an injury victim hires an attorney after getting a low offer, and the attorney can get a higher offer the law sees this as an admission that the insurance company was not treating the injury victim well with the first offer. And therefore, the law says that the insurance company will have to pay all legal fees – and the injury victim will essentially get a free attorney!

So if you have a case worth under $10,000 from an Oregon accident, you may still be able to find an attorney to take your claim. Call an experienced Oregon car accident attorney for help.

The Text of ORS 20.080:
20.080. (1) In any action for damages for an injury or wrong to the person or property, or both, of another where the amount pleaded is $10,000 or less, and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action, if the court finds that written demand for the payment of such claim was made on the defendant, and on the defendant’s insurer, if known to the plaintiff, not less than 30 days before the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 30 days after the transfer of the action under ORS 46.461. However, no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action or the filing of a formal complaint under ORS 46.465, or not more than 30 days after the transfer of the action under ORS 46.461, an amount not less than the damages awarded to the plaintiff.

(2) If the defendant pleads a counterclaim, not to exceed $10,000, and the defendant prevails in the action, there shall be taxed and allowed to the defendant, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim.

(3) A written demand for the payment of damages under this section must include the following information, if the information is in the plaintiff’s possession or reasonably available to the plaintiff at the time the demand is made:

(a) In an action for an injury or wrong to a person, a copy of medical records and bills for medical treatment adequate to reasonably inform the person receiving the written demand of the nature and scope of the injury claimed; or

(b) In an action for damage to property, documentation of the repair of the property, a written estimate for the repair of the property or a written estimate of the difference in the value of the property before the damage and the value of the property after the damage.

(4) If after making a demand under this section, and before commencing an action, a plaintiff acquires any additional information described in subsection (3) of this section that was not provided with the demand, the plaintiff must provide that information to the defendant, and to the defendant’s insurer, if known to the plaintiff, as soon as possible after the information becomes available to the plaintiff.

(5) A plaintiff may not recover attorney fees under this section if the plaintiff does not comply with the requirements of subsections (3) and (4) of this section.

(6) The provisions of this section do not apply to any action based on contract.

Note: Sections 2 and 4, chapter 487, Oregon Laws 2009, provide:

Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 20.080 by section 1 of this 2009 Act apply to all causes of action, whether arising before, on or after the effective date of this 2009 Act [January 1, 2010].

(2) The amendments to ORS 20.080 by section 1 of this 2009 Act do not apply to an action that was filed before the effective date of this 2009 Act. [2009 c.487 §2]

Sec. 4. (1) The amendments to ORS 20.080 by section 3 of this 2009 Act become operative on January 1, 2012.

(2) Except as provided in subsection (3) of this section, the amendments to ORS 20.080 by section 3 of this 2009 Act apply to all causes of action, whether arising before, on or after January 1, 2012.

(3) The amendments to ORS 20.080 by section 3 of this 2009 Act do not apply to an action that was filed before January 1, 2012. [2009 c.487 §4]

In fact, according to national statistics, motorcycle riders are 6 times more likely to be killed in a crash than someone in a car. Luckily, in Oregon the motorcycle safety ratings are extremely high and getting better each year. In 2010, only 38 motorcyclists dies on Oregon roads, a 2% drop from the year before. This drop has been attributed to 2009 legislature requiring motorcycle safety courses for all riders.

Some other statistics to know when pursuing a motorcycle accident claim:

o About 60% of Oregon motorcycle crashes did not involve other vehicles
o The more miles you travel by bike, the higher risk of crashing.
o For every 100,000 registered motorcycle, over 72 are involved in fatal crashes (this does not include injury accidents, just deaths)
o Riders are 16 times more likely to receive serious injuries in the crash than car drivers
o While car crash victims only have a 20% chance of injury or death in a car accident, motorcyclists have an 80% chance of injury or death.
o Motorcycles account for 2% of all vehicles in the US, but are involved in over 5% of all highway fatalities.

If you’ve been injured in a motorcycle accident, it is probable that your injuries are serious and that you need help paying your medical bills. A Portland motorcycle accident attorney like those at Shulman DuBois LLC can help. We understand the Oregon laws regarding motorcycle riding, and how to help you get compensation for injuries. Motorcyclists are more vulnerable than car drivers in a crash, so let us take care of you when you have been injured.

As Portland bike accident lawyers who represent injured bicyclists, we understand the importance of safe riding habits. Here are a few critical tips it would be in the best interests of Portland bicyclists to follow whenever they are out on our roadways. First, be predictable, so drivers can see you and predict your movements. Always be aware and alert of the traffic conditions and your surroundings. Make sure that both you and your bicycle are in good condition.

Obey all signs and traffic lights. Under Oregon law, bicyclists have the same rights and responsibilities as drivers of other vehicles. Go slow on sidewalks. Pedestrians have the right-of-way on sidewalks and walkways. Oregon law requires bicyclists to give an audible warning to they pass pedestrians. It is never a good idea to ride your bicycle against traffic. Make eye contact with drivers and especially look out for cars that are pulling out of driveways. Use hand signals especially while turning. Try and avoid road hazards such as sewer grates, uneven pavements, potholes, gravel and ice.

Dress appropriately. Wear a hard-shell helmet, bright-colored clothes and a fluorescent vest, especially at night so you are visible. Your bike should be equipped with a strong headlight and tail light at night.

Despite taking these precautions, bicycle accidents do occur due to other factors such as dangerous roadways or negligent motorists. If you or a loved one has been injured in a Portland bicycle accident due to someone else’s negligence or wrongdoing, our experienced personal injury attorneys can help you better understand your legal rights and options. We can help you understand how to determine liability in a car and bicycle collision. For more information about the seven common mistakes that can wreck your personal injury claim in Oregon, please order a copy of our free book.

Your insurance company is supposed to help during bad times. Isn’t that the unwritten promise? For example, State Farm says, “Like a Good Neighbor, State Farm is There.” This implies that you can count on the insurance company to assist you when your property is damaged, when you’ve been injured, etc. Unfortunately, as many people dealing with insurance companies know, this is not always true.

Often, especially during personal injury claims, the insurance company will be focused on the bottom line. Insurance adjusters will be more worried about the amount of money they might have to pay than the health of the person insured. Sometimes, the adjuster will help the injury victim through the claims process quickly and fairly; other times, the adjuster will drag their feet, refuse to pay damages, and etc.

There are several sources of ground for a claim against your insurance:
• Denial of payment for a claim, without any reasonable basis for denial
• Failure to investigate the claim fully, in a timely manner
• Failure to fully explain all policy exclusions and provisions
• Use of intimidation or even abusive behavior to get a claim settled
• Intentional misuse of the policy’s wording to avoid payment responsibility
• Deceitful behavior or practices
• Unreasonable demands of proof for damages
• Coercion, extreme lack of communication, etc. to force claimant to settle

Bad faith behavior can occur before and after filing a lawsuit. Oregon insurance companies are required by law to fulfill their contractual obligations, just like many other types of businesses – don’t let yourself be bullied. Don’t give in to their unreasonably bureaucratic demands. Insurance companies know they can outwait you when it comes to paying bills, because they have more resources. But federal and state laws state that they can be sued by their insured, and by anyone (even those who are not technically customers of the company) who should have been compensated but was not.

Oregon bad faith claim attorneys are very experienced with dealing with insurance companies who are reluctant to pay. This is their job. So if you feel that your fight for due compensation was unnecessarily difficult and that the insurance company failed to provide you with the benefits provided for in your contract, contact a Portland personal injury attorney today about filing an Oregon insurance bad faith claim.