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Portland Bicyclist Hit By Car Receives Huge Settlement After Negotiations

Our client in this Portland bicycle accident injury case was riding her bicycle down a hill approaching a quiet Portland intersection when a car suddenly turned in front of her.  She couldn’t bring her bike to a stop and rode straight into the car.  The force of the impact threw her onto the hood of the car and then to the ground.

Portland Bicycle Accident Injury AttorneysEven though our client was wearing a helmet when she rode into the car, she lost consciousness upon hitting the ground. Following the accident she experienced headaches, back and neck pain, as well as pain in her left shoulder and arm. She underwent months of costly physical therapy to treat her injuries.

Our client did not have insurance at the time of her accident and she called our experienced Portland bicycle accident attorneys because she did not know how to get her medical bills paid.  Knowing that she lived with her parents, we immediately went to work establishing a Personal Injury Protection (PIP) claim for payment of our client’s medical bills under her parents’ insurance policy.

What followed was a tough negotiation process with the driver’s insurer.  For months, the insurer claimed that our client was responsible for the accident.  Eventually, though, the insurer conceded that the driver had failed to yield the right of way to our client and had thereby caused our client’s accident-related injuries.  Our client accepted the insurer’s six-figure final settlement offer and was happy that she had called us for help.

Large Settlement for Portland Parking Lot Accident Victim

Dwyer Williams Potter Personal Injury Attorneys just settled a pedestrian injury claim without the need for costly and time-consuming litigation. The details of this accident are as follows…

Portland Oregon Personal Injury Attorneys | Portland Oregon Auto Accident Attorneys | Oregon Personal Injury Law Firm

Our client had just finished shopping at a Portland Oregon convenience store and was loading purchases into her car when she was suddenly pinned between the passenger-side door and the frame of her car. A second driver had been trying to pull into the adjacent parking spot when he accidentally hit our client’s car door, which crushed our client. The force of the impact left our client with injuries for which she sought immediate medical attention.

After our client completed treatment for her accident-related injuries, the compassionate, experienced Portland Oregon auto accident and pedestrian injury lawyers at Dwyer Williams Potter evaluated her claim. After several rounds of negotiations, the adverse insurance company made its final settlement offer. We felt that the offer was low because it barely covered our client’s accident-related medical expenses.

We next sent a series of carefully-crafted letters to the adverse insurance company and to the driver who hit our client. In these letters, we explained that if we were to file a lawsuit related to the accident and win at trial, then these entities would be responsible for paying our attorney fees in addition to our client’s medical bills and any other awards. The insurance company immediately retracted its first “final” offer and increased that settlement offer by 20 percent. Our client’s case settled quickly and smoothly, and our client was more than happy with the results.

Injury Recovery in Reckless Portland Auto Accident

A Portland, Oregon, driver recently contacted Dwyer Williams Potter LLP for legal representation following a rear-end collision in which he sustained physical injuries that prevented him from being able to engage in productive work.  This man was a contractor by trade whose wrists were severely injured when he was struck from behind by another motorist while driving in downtown Portland.  At the moment of impact, our client braced himself against his steering wheel with wrists flexed.  This instinctive protective motion resulted in him jamming his wrists with so much force that he needed bilateral carpal tunnel surgery to correct his injuries.

Our client is a professional contractor who works with his hands for a living.  The injuries that he sustained in this rear-end collision were among the worst imaginable for someone in his profession.  Carpal tunnel syndrome is a condition that affects the median nerve in the wrist, which supplies feeling and movement to the hand’s various parts.  For a contractor, carpal tunnel syndrome can limit the types of jobs that one can take on as well as one’s pace of work and overall productivity.  Severe carpal tunnel syndrome, which is the condition that our client had as a direct result of this car accident, can render contracting work impossible because nerve damage is so extensive that some parts of the hand are immobile and others completely lack feeling.  In our client’s case, surgery was absolutely necessary in order for him to guarantee the future use of his hands.

Not surprisingly given the nature of his profession, his injuries, and the invasive surgery required to treat those injuries, our client was not able to work for an extended period of time following the collision.  Prior to approaching Dwyer Williams Potter LLP for expert car accident injury representation, our client’s insurance provider performed a review of the available medical records and determined that his carpal tunnel syndrome could not have been caused by the accident.  Based on this finding, the insurer refused to pay for our client’s medical treatment and for any lost income due to the injuries and surgery.  At this point, our client attempted to settle his liability claim with the at-fault driver, but he was only offered $1,500.  His unpaid medical expenses (consultations, treatment, and surgery) alone amounted to more than $15,000.  It was clear that he couldn’t accept such a small settlement, but he was not sure where to turn or what to do.  At this critical time, our client’s surgeon recognized that his patient needed the help of a professional car accident injury lawyer and directed him toward our law firm.

Once hired by our client, we immediately entered into negotiations with our client’s Personal Injury Protection (PIP) and liability carriers.  The liability carrier, emboldened by the PIP insurer’s refusal to pay for medical expenses, offered only a slightly higher settlement offer than the $1,500 our client was initially offered.  We initially lacked medical verification to prove that our client’s injuries were caused by the accident: causality was not written up in any of our client’s post-accident medical records.  After several conversations with our client’s surgeon, however, the doctor agreed to document how our client’s injuries were related to the collision.  When the liability carrier again offered to make a reasonable settlement offer to our client, we filed a lawsuit for medical costs and lost wages.

The liability carrier began to appreciate the strength of our case when presented with the legal filings including the physician report.   Wage loss was difficult to prove given our client’s self-employed status and the inconsistencies in income reflected on tax returns from one year to the next, but after several rounds of negotiations, the insurance provider offered $40,000 to settle the case.  Our client happily accepted this offer, which reimbursed him for his time loss and pain and suffering.  This offer also maintained our client’s right to pursue his PIP insurer for the unpaid medical bills.  We continue on with the PIP claim and are confident that we will get all of our client’s bills reimbursed soon.

Auto Accident Attorney Resolves Case Involving Pre-Existing Conditions

Pre-existing injuries and health issues can complicate a liability claim, but these obstacles can be overcome with the help of a medical expert, as they were in a recent case of ours. Our client, a nineteen-year-old young woman, was on the way to visit family in Portland, Oregon with her mother. In a frightening chain of events, another driver ran a red light and hit the passenger side of the car, where she was sitting. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In addition to the usual auto accident injuries, the wreck aggravated a pre-existing condition. Since infancy, our client had suffered from seizures. Prior to the accident – and for the first time in her life – her seizures were under relatively good control, due to a new medical treatment and a strict diet. She was even studying to get her own driver’s license. After the accident, unfortunately, her seizures came back and happened more frequently and with more severity than they ever had before.

In the midst of her and her family’s distress at having the seizures return, the at-fault driver’s insurance company fought the claim aggressively, arguing that she had always had the seizure disorder and that the wreck hadn’t contributed to its worsening. To complicate matters even further, our client’s long-time doctor told her that he believed the seizures were exacerbated by the accident, but he didn’t want to put it in her official medical records or support her legal claims. At this point, unsure of where to turn, our client decided to contact a Portland, Oregon auto accident attorney to help her fight the insurance company.

After taking her case, I searched out and reviewed the medical literature at length and contacted several experts regarding epilepsy and whiplash injuries. We eventually located a seizure expert who was willing to review her records and consult on her case. We were able to go into mediation with a medical expert on our side. After mediation, the insurance company offered a sizeable settlement for our client – likely a direct result of our efforts to secure a medical expert. Our client was very happy that she had made the decision to contact a Portland, Oregon Personal Injury Attorney at Dwyer Williams Potter.

Auto Accident Attorney Wins Settlement in Challenging Claim

Our client was driving home from his last physical therapy session treating a previous auto accident injury when he was t-boned by a car coming out of a parking lot in Portland, Oregon. In this new accident, he sustained severe injuries to his neck and back and aggravated the knee injury he suffered in the previous accident. His medical bills – after neck surgery – came to about $100,000, an amount far beyond his $50,000 policy limit.

Two accidents in quick succession and minimal policy limits presents a special challenge in an injury claim. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Potter LLP | Oregon Personal Injury Attorneys In our client’s case, the insurance company made an extremely unreasonable offer, not even offering policy limits. Worried by the insurance company’s paltry offer, he decided he needed the expert help of a Portland, Oregon auto accident attorneys.

After reviewing his case and the insurance company’s reason for their low offer, I filed a lawsuit and pursued an excess exposure claim. The excess exposure doctrine, developed through case law in Oregon, allows for a recovery greater than the policy limits under certain circumstances. When an insurer has opportunity to recognize that damages brought by their insured driver’s liability exceed the policy limits but doesn’t readily offer the entire policy limits, this can result in excess exposure. Since 1956, courts in Oregon have held that an insurance company must not act in bad faith in these situations. An insurer cannot expose their insured to the probability of a verdict that could not be satisfied by the policy limits, leaving them personally liable to pay the additional sum.

Our case went to mediation, and after several rounds of intense negotiation, the insurance company offered a settlement beyond policy limits, ultimately agreeing with our excess exposure argument. Our client was able to pay his medical providers with some money left over for other accident-related expenses. He was very happy with the result and believed that the expert representation he received from the Portland, Oregon Personal Injury Attorneys at Dwyer Williams Potter made all the difference.

Auto Accident Claim Settlement Bridges Financial Gap

Portland, Oregon is known for its iconic bridges. Unfortunately, the Freemont Bridge became iconic to the client in this story for another reason. He was driving on the bridge one day when a tow truck driver cut him off. He had nowhere to go to avoid the accident and crashed hard into the side of the bridge. Not only was this very frightening but he was also seriously injured. His neck injury was diagnosed as a permanent condition. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In addition to the pain and cost of medical injury, he also found out that he could no longer work as a mechanic at the local school district, a job he had held for the past 25 years.

One of his major concerns during all of this was how he would continue to care for his family. He knew he needed to learn a new skill that would allow him to work, even with his neck injury. However, the cost of retraining and time required left him and his family in a financial lurch. He filed a claim with his insurance company for his lost wages and retraining costs. When the company denied his claim, he called an experienced Portland, Oregon auto accident attorney to help him fight for his claim.

It ultimately became necessary for me to file a lawsuit in the case, as the insurance company refused to budge on their decision to deny the claim. As is often the case, filing a lawsuit made the insurance company take another look at the claim under dispute with more serious consideration. After reviewing it with their legal counsel, they reversed their decision and offered our client policy limits. This compensation gave our client the means to pay for retraining in a new profession. Thanks to the representation of an experienced Portland, Oregon Personal Injury Attorneys, our client was able to learn a new profession and continue to do what was most important to him – care for his family.

New Car Accident Case Resolved in Arbitration

Our client had just purchased a new car and, having owned it for only three days, had not yet added it to his insurance policy. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In a chain of events that is every car buyer’s worst nightmare, our client was involved in a car accident in Portland, Oregon and injured. After getting home from the doctor’s, he added the car to his insurance policy and was told that he would have personal injury protection (PIP) coverage for reasonable and necessary medical benefits up to $25,000. This was a relief to him, and he continued his course of treatment for his auto accident injury.

His treatment was complete in six months, and he felt much better, but he had $7,000 in medical expenses. The insurance company, claiming an exclusion based on the fact that the new car had not yet been on his policy at the time of the accident, denied the claim he filed. Although this denial was counter to the information he had gotten on the phone, the insurance company refused to pay his medical expenses, so he called an experienced Portland, Oregon auto accident attorney.

Despites aggressive negotiations, the insurance company refused to change their position. We do all we can to get our clients’ claims paid, so I filed a lawsuit to recover our client’s medical expenses and attorney fees. The lawsuit forced the insurance company to deal with our client’s claim, and they agreed to arbitration, a non-trial method of resolving lawsuits. As in a trial situation, clients need an experienced personal injury attorney to represent them in arbitration.

After arbitration, the insurance company agreed to pay all his medical bills and attorney fees. Our client was very pleased with the result and satisfied with his choice to have a Portland, Oregon Personal Injury Attorney help him fight his case.

Lost Wages Central Issue in PIP Case

Our client had been an active mother of two small children when she was injured in an auto accident in Portland, Oregon. She sought medical treatment for her injuries and had nearly exhausted the $15,000 policy her personal injury protection (PIP) provided. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In addition to her medical treatment and expenses, she found that the result of her injury was that she could no longer perform the duties of the job she had enjoyed up until that point. She found another job, but it paid less than her previous one. Trying to take care of herself and her two children, she filed a claim for wage loss through her PIP carrier to cover the gap and give her time to recover financially.

To her surprise, her PIP carrier declared that she had chosen to pursue a new career and refused to pay her lost wages claim. Furthermore, her PIP carrier demanded that she repay what they had paid for her medical bills with the money she had received in the liability settlement from the at-fault driver’s insurance company. A previous attorney had pursued these issues vigorously but with no success, so she transferred the case to a Portland, Oregon auto accident attorneys at Dwyer Williams Potter.

ORS 742.544 provides for repayment only when the recovery is greater than the financial losses. Considering that our client had to take a job that paid less, her lost earning capacity exceeded her liability settlement. The notion that she had wanted a change in careers was absurd, and we provided documentation from our client’s doctors to prove that the change in jobs was due to the injuries she suffered in the accident. In spite of our arguments, the PIP carrier still refused to pay the wage loss. Undaunted and determined to get our client the settlement she deserves, I filed a lawsuit for the lost earnings and attorney fees.

As usual, filing a lawsuit made the PIP carrier take us more seriously, and the case settled shortly after it was referred to a defense attorney, based on the understanding that attorney fee exposure would be far greater than the amount of lost wages. Our client kept the entire $25,000 liability settlement without repaying the medical expenses, and she received the lost wages from her PIP carrier to which she was entitled. She was very happy that she had transferred the case to Dwyer Williams Potter.

If you have been in an auto accident and have medical expenses and have lost wages as a result, we can help you get the financial reimbursement you deserve. Even if you’ve already consulted with another attorney, we often get results where others have failed, as in this case. One of our expert Portland, Oregon Personal Injury Attorneys will be happy to discuss your Portland, Oregon Personal Injury case with you. Call us now: 888-700-4337

Insurance Company Lets Off Brakes on Settlement in Personal Injury Case

It was a normal day at work, and our client, an employee in a Portland, Oregon warehouse, was riding a forklift that a co-worker was driving. The day quickly became abnormal when the brakes went out on the forklift, throwing our client to the ground, where he was then run over by the forklift. Portland Accident Lawyer | Portland Accident Attorney – Portland Injury Lawyers He suffered multiple broken bones and severe cuts.

After one month in the hospital and many months of out-of-hospital recovery, his medical bills were astronomical. In addition, he had a permanent limp and several large scars on his right leg. He was sure that his worker’s compensation insurance would cover his medical expenses and was angered when they denied his claim and offered no settlement. Even more ludicrous was the insurance company’s reason: they said that the driver had done nothing wrong and that our client had not been thrown off but had jumped off on his own. Our client, knowing nothing could be farther from the truth, called an expert Portland, Oregon personal injury attorney at Dwyer Williams Potter.

In the course of investigating our client’s accident, I discovered that the forklift had brake problems several months before our client’s accident. The driver of the forklift, who was also the owner, had tried to fix the brakes himself but had evidently not succeeded. I immediately turned this information over to the insurance company and they reconsidered their position and agreed to negotiate. After negotiations, the company offered our client a fair settlement.

If you’ve been injured at work and need help getting an insurance company to settle your claim, we can help. One of our expert Portland, Oregon Personal Injury Attorneys will be happy to discuss your Portland, Oregon Personal Injury case with you. Call us now: 888-700-4337

Skilled Negotiations Lead to Settlement in Auto Accident Case

It appeared to be a relatively quiet midweek day, and our client and a friend had decided to go into downtown Portland, Oregon for lunch. What had started out as a quiet day quickly got chaotic when a driver ran a red light and t-boned the car our client was the passenger in. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Potter LLP | Oregon Personal Injury Attorneys He suffered serious injuries and was rushed to the hospital in an ambulance. After examination and x-rays, his doctors diagnosed a protruding disc that required surgery.

When he filed a claim with the at-fault driver’s insurance company, they offered to settle the case for a ridiculously low amount, citing a prior condition the client had suffered from about a year before that involved back pain and numbness in his leg. The cited this in spite of the treating physician’s specifically prescribing the surgery for accident-related injuries, not the pre-existing condition. Knowing that he deserved more, he contacted an experienced Portland, Oregon auto accident attorney for help in getting a better settlement.

In order to get the insurance company to talk about its position on our client’s claim was to file a lawsuit. I did this, confident that we could fight it in court successfully if we needed to. However, the lawsuit got the insurance company’s attention, and they had their own attorney review the case. He advised them to settle, given the facts. Even then, the insurance company only offered half of policy limits. I negotiated with them aggressively until they offered full policy limits, giving our client the resources he needed to get the proper medical care.

If you’ve been injured in a car accident and can’t get the insurance company to cooperate because of unrelated pre-existing conditions, we can help. One of our expert One of our expert Portland, Oregon Personal Injury Attorneys will be happy to discuss your Portland, Oregon Personal Injury case with you. Call us now: 888-700-4337

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