Car accidents are some of the most common reasons that injured persons file personal injury claims in Oregon.
A serious car accident can leave even the most even-keeled people reeling and fearful of what can happen next. If you’ve been involved in a car accident in Oregon, it is important to understand your rights. It’s critical that you speak with an experienced attorney who knows how to represent your best interest in a car accident personal injury case. If you or a loved one were injured in a car wreck, contact Precision Litigation Northwest to discuss your options. Consultations are confidential, and there’s no fee until we obtain monetary compensation for your pain and suffering.
Is it better to settle or take a personal injury case to trial?
When it comes to personal injury cases, they can go one of two ways if a person was negligent and caused an injury. The parties can either settle out of court for an agreed-upon amount, or they can take the case to a jury trial. If a case cannot be decided out of court, sometimes going to trial is the only option to get the victims the compensation they deserve.
What are the pros and cons of a jury trial or a settlement?
Jury trials can take months, and sometimes years to conclude. In that time frame, you’re not collecting any money or financial help to pay for your mounting medical expenses or time off from work. A jury trial can also be more stressful for victims and their families. The good news is, jury trials may often award much higher sums for personal injury claims than a victim could have obtained via settlement. Your attorney will discuss all of your options and create a plan of attack that is in your best interest.
Settling a case outside of court can happen at any time during the course of a lawsuit. With a settlement, you can obtain the money you need much quicker than if you were to pursue a jury trial.
If your injuries were extensive, and you have ongoing medical tests, you want to wait as long as possible before negotiating a settlement. The issue some clients come up against is that they settle far sooner than is ideal. Some injuries can take weeks or months to manifest symptoms. Depending on the severity of the injury, you might be better served to wait to open up negotiations.
At Precision Litigation Northwest, our dedicated car accident attorney will give you a personalized approach, and we understand the importance of providing our clients with detailed and highly customized plans for personal injury lawsuits. Please contact Precision Litigation Northwest today to discuss your case and your options for moving forward. You don’t pay unless we get money for you.
Call 541-948-8830 for a FREE consultation.
What “maximum medical improvement” means for settlement timing
Doctors use the phrase maximum medical improvement for the point where your condition has stabilized: you have healed as far as you are going to, or the care you will still need can be predicted. That is usually the right time to value an Oregon car accident claim, because it is the first time anyone can put a number on surgery, therapy, time off work and permanent limits. Settle before that point and the claim is a guess, and the insurer’s guess will be the low one. For a sprain it may be a few months; for a spinal or brain injury it can be a year or more.
Waiting too long: the two-year deadline in Oregon
Waiting to settle is not the same as waiting to act. Oregon gives you two years from the crash to file an injury lawsuit (ORS 12.110), and talking with an adjuster does not stop that clock. If treatment will run past the deadline, the lawsuit is filed to protect the claim and settlement talks continue while it is pending; most cases that are filed still settle before trial. When a city, county or state vehicle was involved, written notice to that public body is due much sooner, within 180 days of the crash (ORS 30.275).
When waiting will not raise the number
Sometimes the other driver’s policy limits are the ceiling. If your medical bills alone already pass the at-fault driver’s coverage, more time will not produce more money from that insurer, and an early offer of the full limits can be the right one to take. The rest of the claim may come from your own underinsured motorist coverage. Before accepting the other driver’s limits, ask your own insurer in writing for consent: under Oregon’s required policy terms, underinsured coverage does not apply if you settle without it, and consent is presumed if your insurer does not answer a written request within 30 days (ORS 742.504).
How to protect the claim while you wait
Follow the treatment plan and keep every appointment; insurers read a missed month of care as proof you were not badly hurt. Keep a short journal of pain, sleep, missed work and what you can no longer do, because those losses are damages and they are hard to remember a year later. Do not sign a release or a broad medical authorization from the other driver’s insurer without having it reviewed, and do not post about the crash or your recovery online. The Oregon State Bar’s guide to what to do after an automobile accident covers the basics. When you want to talk about timing, call 541-948-8830; the consultation is free.
Sources: ORS 12.110 — two-year limit for injury claims · Oregon State Bar — what to do after an automobile accident