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

Leave a Reply

Your email address will not be published.

PORTLAND PERSONAL INJURY LAWYERS
1220 SW MORRISON SUITE 820
PORTLAND, OREGON 97205
888-400-4337
DOWNLOAD THE DWP ACCIDENT APP

Know what to do in an auto accident! Download the Dwyer Williams Potter Accident Mobile App and arm yourself with accident guidelines and legal assistance. Everything you need in case of an accident right at your fingertips on your smart phone!

Portland Personal Injury Attorneys Dwyer Williams Potter Mobile App Download Android
Portland Personal Injury Attorneys Dwyer Williams Potter Mobile App Download Iphone
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Results achieved on behalf on one client in one matter does not necessarily indicate that similar results can be obtained for other clients. The experienced Portland accident and injury attorneys, car accident, dog attack, traumatic brain injury, elder abuse, wrongful death or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.