Valuing any personal injury case requires consideration of many factors, and Personal Injury cases are no exception. The first determination in valuing a Personal Injury is determining fault. Who is at fault for the accident? Sometimes the answer is not entirely clear. Even though you may share fault (comparative negligence), you still may be entitled to compensation.
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You’ve been in a car or truck accident. Your vehicle is damaged, and maybe you are injured. Occupants might be injured. Other drivers may have injuries. Chances are, after a car accident you aren’t thinking about filing paperwork. Still, Oregon law has reporting requirements after a car crash or truck crash that can impact your ability to recover for your injuries and property damage later.
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During the time of treatment, insurance may or may not be paying the bills, but medical providers still need to get paid. To protect their interests, these medical providers may request a “Letter of Protection” from the personal injury lawyer to ensure that their bills get paid at the time of settlement.
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In short, UIM insurance is a means of utilizing your own (UM uninsured) policy when another driver has insurance, but it’s not enough to cover your injuries. With UIM insurance coverage, if available, you would get coverage equal to the difference between the policy limits on your UM policy and the policy limits carried by the insurance policy of a negligent driver who caused an injury (the at-fault driver) in a car accident, motorcycle accident, or bicycle accident.
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A deposition is an oral testimony taken under oath before a trial or arbitration. It is customary that depositions be taken of the parties to a lawsuit. Often depositions are also taken of witnesses and others who might testify at trial. Even though it often takes place in a conference room or office, and the setting is somewhat informal, it is a very important event in any lawsuit.
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Oregon has created a law (ORS 20.080) which is intended to level the playing field for injured parties with smaller claims and to promote these injured parties’ ability to get legal counsel. Generally, the law accomplishes this by awarding lawyer fees to a party who successfully uses a attorney to represent them in recovering their damages (medical costs, property losses, and other expenses including as lost wages). These fees for your Attorney are awarded if you make a demand for payment under $10,000.00, and the defendant (or their insurance company) declines the offer or offers less than you demand. If you subsequently are awarded more, you are also entitled to attorney fees under the law.
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