Category Archives: Auto Accident

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.

Lawsuit Motivates Insurance Company to Cover Medical Expenses

Driving to work one morning in Portland, Oregon, our client was hit by another driver who failed to yield when making a left turn. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon Her injuries sustained during the accident required immediate and ongoing medical attention, including routine physical therapy and follow-up doctor’s visits. With so much medical care activity, it didn’t take long for her medical expenses to reach the thousands of dollars. Unfortunately, she had no health insurance, but she did have personal injury protection (PIP) as part of her Oregon car insurance, as all Oregon drivers do. PIP coverage obligates the insurer to pay reasonable and necessary medical expenses for one year or up to $15,000, whichever limit comes first.

Several months after her auto accident, her insurance company sent her to one of their doctors, who gave her a clean bill of health in spite of the fact that she was still seeing her own doctor and receiving medical care. After their doctor’s examination, the insurance company quit paying her medical bills. Our client was caught in a scary situation; she had no health insurance, and now her PIP had stopped paying her medical bills. Worried about her bills and her ability to get the care she needed to recover fully and frustrated by the insurance company, she made the decision to get help from an experienced Portland, Oregon auto accident injury attorney.

Immediately upon taking the case, I contacted the insurance company and tried to negotiate with them to start paying her medical expenses again. They refused. I didn’t stop there, though. I filed a lawsuit demanding that her medical bills be covered in accordance with Oregon’s PIP coverage law. Filing the lawsuit got their attention, and they realized they couldn’t ignore our client or her claim. They reversed their decision and paid all of her medical bills, as well as my attorney fees and the cost of filing the lawsuit.

If you’ve been injured in a car accident and can’t get the coverage due to you from the insurance company, we can help resolve your claim. 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

Lost Wages and Medical Bills Recovered in Portland, Oregon Auto Accident Case

During a routine sales call in Portland, Oregon, our client’s station wagon was rear-ended by another car, who had failed to slow enough for a light that had just turned green. Because our client was at a complete stop and the other car was going fast, it caused him to suffer severe injuries, including a neck injury that prohibited him from working. He got more bad news when he found out that his neck injury was permanent and would require regular, future medical care to manage his now chronic pain. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon

Faced with a stack of growing medical bills and a diminishing stack of paycheck stubs, our client knew he needed help to recover his lost income and to pay his medical expenses. He called our experienced Portland, Oregon auto accident personal injury attorneys at the Portland, Oregon office of Dwyer Williams Potter for help.

Our client’s claim for his lost income was denied by the at-fault driver’s insurance company. As this was unacceptable, I filed a lawsuit, giving us the chance to argue our case in court. This was a good decision, as we won. This made the insurance company nervous, and they appealed the decision to go to a jury trial.

As the trial date drew nearer and nearer, I was able to increase my negotiating pressure on the insurance company. Finally, the insurance company admitted their mistake in denying the claim and offered our client a settlement for more than the arbitration award, which he accepted.

Ultimately, our client got a very fair settlement from the insurance company and had an experienced personal injury lawyer to walk him through the process of pursuing his claim. Even after the claim was settled, I have continued to work with him on his worker’s compensation to make sure that his future medical treatment is paid.

If you need help solving an auto accident injury problem, 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

Traffic Jam Auto Accident Takes Express Lane to Settlement

Our client was driving in Portland, Oregon one day, and she was stopped in a long line of traffic – not an unusual situation for a Portland, Oregon driver to find herself in. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon What happened next, though, was, if not exactly unusual, was at least not what our client expected. Another driver rear-ended her car, causing her to crash into the car stopped in front of her. She suffered a double impact and sustained multiple injuries, the most severe of which was to her back.

Several months before the Portland, Oregon car accident, she had back surgery. Now, after the accident, she found herself back in the doctor’s office, receiving more treatement for new back problems. When she filed a claim for her medical expenses, the insurance company turned it down, claiming that all of her injuries were pre-existing. Frustrated and dealing with significant accident-related medical expenses, she contacted the expert Portland auto accident lawyers at Dwyer Williams Potter.

Immediately after taking her case, I obtained copies of her accident-related medical records and her medical records from before the Portland, Oregon auto accident. After a thorough review of her current records and her medical history, I was able to use MRIs from her records to differentiate her accident-related injuries from her pre-existing ones. I was even able to demonstrate that the accident had actually made some of her pre-existing conditions worse.

My careful, detailed work paid off for our client when the insurance company, confronted by the evidence, was forced to offer a fair settlement to cover her medical expenses and property loss. Although cases involving complex medical history often require extensive litigation, this case is an example of how having an experienced Portland, Oregon auto accident lawyer on your side can help you get to settlement quicker.

If you’re facing a situation similar to this one, we can help. One of our expert 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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