After an accident, your injury lawyer should have you do many things to maximize your financial recovery from your injury. From documenting your accident and creating an injury diary, to working with your doctor and documenting your lost wages, there are many pieces to your economic recovery. You should consult with an lawyer as soon as possible after your accident to coordinate.
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Your liability coverage may include Personal Injury Protection ("PIP") or Medical Payments ("Med Pay") benefits. PIP provides a source of payment for YOUR medical bills and some of YOUR wage loss following an auto accident. Further, PIP is no-fault, meaning that it will begin paying on your injuries immediately, rather than waiting for liability to be determined. Similarly, Med Pay provides some coverage for YOUR medical bills. These are called "no-fault" coverages because they pay even if the accident is your fault.
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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 attorney fees to a party who successfully uses a lawyer 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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In Oregon, every policy carried by a driver is required to carry Uninsured Motorist (or "UM") coverageBy law, the minimum amount of coverage under an Oregon UM policy is $25,000. With uninsured motorist coverage, a person can recover economic damages and noneconomic damages just like they would receive from the negligent driver, all the way up to the limits of an uninsured motorist policy.
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Coping with the loss of a loved one after an accident can be a long, traumatic process. In addition to the emotional loss of the person, there are often ballooning, unexpected costs that appear after the initial event. Medical bills, emergency responder costs, and the costs of funerals add heartache at the most inopportune time. Speaking with an Oregon wrongful death lawyer at Pacific Injury Law Firm can help you understand what your rights to recovery are, and what the timelines to recover may entail.
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