Tag Archives: auto accident lawyer portland oregon

Settlement for Portland Pedestrian Injured in Hit and Run

Our client in this dramatic pedestrian hit-and-run case was reported to have “flown through the air” after being hit by a driver on the roadway where he was walking. The driver sped off after the accident occurred. In the meantime, our client was transported by ambulance from the accident site to a local hospital, where he was admitted into intensive care. He had suffered serious injuries including a ruptured spleen, renal injuries, rib fractures, and multiple contusions and abrasions. He was discharged five days later.

Portland Oregon Serious Accident LawyersTwo months after being released from the hospital, our client began to experience headaches. He was also experiencing continued pain in his middle to lower back. He sought treatment for what was diagnosed as high blood pressure in several emergency rooms over the next month. Between his emergency room visits, his frequent scans and blood tests, and the consultations he had to do with a cardiologist specialist, our client’s medical bills were through the roof and he did not know how to proceed.

This injured pedestrian had heard of our Oregon personal injury law firm‘s reputation for diligent work on behalf of injured people throughout the state of Oregon. This is the main reason why he contacted the personal injury team at Dwyer Williams Potter Accident Injury Lawyers and hired us to represent him.

Once retained as counsel, we were able to establish a PIP claim with the at fault driver’s insurance company and that got all of our client’s medical bills paid. Our client was fairly compensated for the pain, suffering, and disruption to his life that their irresponsible insured driver has caused.

Client Injured in Car Accident Settles for Ten Times Initial Offer

Our client in this case was driving along the highway when another motorist attempted to cross the highway in his truck and collided with her. The impact of this collision was so forceful that our client’s new car was totaled. Our client did not believe her injuries to be serious, so directly following the accident she attempted to proceed with her normal activities as though she was not hurt. Because of this decision, when it came time for her to settle with the at-fault driver’s insurance company, that insurer made a low-ball offer, claiming that her physical injuries were minor and didn’t deserve compensation.

Our client called Dwyer Williams Potter to represent her in this Portland automobile accident case, knowing our firm’s reputation for success and tough negotiating in the Portland area. We pulled together and reviewed her pre-accident and post-accident medical records in order to confirm that her injuries were a direct result of the impact of this car accident, then we approached the insurance company to negotiate.

Faced with this medical evidence in favor of our client’s version of events, the insurer increased its offered to our client, but the sum on offer still wasn’t enough to make her whole. After consulting with our client and reviewing options, we decided to file a lawsuit on our client’s behalf. Not long into the discovery process, the insurer offered our client ten times its initial offer and we accepted. Needless to say, our client was thrilled with her final settlement and with her decision to call our experienced and dedicated Portland auto accident injury law firm.

Fair Settlement Awarded to Out-of-State Car Crash Victim

Our client was visiting Oregon on an interstate road-trip when he was severely injured. He was driving through a Portland intersection and he had the right of way, when another motorist suddenly drove straight into the side of his car. This high-speed intersection collision left our tourist client with severe injuries that required treatment in Oregon then again in several other states on his drive back home.

Back in his home state a few weeks after the collision, this Oregon auto accident injury victim was unsure how to make his claim. , He called our experienced Portland injury lawyers to represent him for the claims that he had to file in our state.

Once on the job, our dedicated and tough attorneys quickly got to work collecting this client’s medical records and bills. We went over the details of our client’s case with him in fine detail before sending out a demand package.  After several rounds of negotiations, this case settled for a fair value and our client was able to move on with his life, leaving this complicated legal matter behind him.

Motorcyclist Receives Settlement After Being Knocked Over

A motorcyclist client was injured when his bike fell on top of him in a Portland roadway accident.  He noticed that his bike wasn’t working when he was preparing to leave work: the bike wouldn’t start, so instead of riding it home he had to push it home in the bicycle lane.  Unfortunately, a passing motorist drove too close to our client and hit him.  Our client fell and his motorcycle fell on top of him, crushing his leg. He sought immediate medical treatment for his accident-related injuries following this incident.

Our client decided to hire an attorney to represent him in this matter because his injuries persisted after he had completed the treatment recommended by his physician.  He called Dwyer Williams Potter, knowing our reputation for excellence.  Our experienced motorcycle accident injury attorneys quickly learned that our client’s doctors had recommended further treatment, but that they had failed to properly communicated this to him.  Our client returned to his medical provider to receive this further recommended treatment, which eventually helped him to completely recover from his accident-related injuries.

After several rounds of negotiation with the insurance companies in this matter, our client was offered a fair settlement that covered all of his accident-related injury expenses.  He was happy with his settlement as well as with his decision to retain the Portland motorcycle accident injury attorneys at Dwyer Williams Potter to represent him in this motorcycle accident case.

Auto Accident Injury Victim Compensated Two Years Later

Our client in this case was the passenger in a car being driven by her spouse. The couple was stopped at a stoplight in downtown Portland, waiting for the traffic signal to change, when another motorist rear-ended their vehicle. Our client was injured as a result of the accident and sought immediate medical attention for her accident-related injuries.

After completing one year of treatment, our client was still experiencing pain associated with her accident-related injuries.  Two years after the accident, her physician-recommended treatment was still not completed.  Unsure of how to handle her claim, she approached the seasoned auto accident injury attorneys at Dwyer Williams Potter LLP and hired us to represent her.

We first filed a lawsuit on behalf of our client to preserve the statute of limitations, then we began conducting extensive discovery with the defendant insurance company’s attorney.  After our client has completed her treatment, we were able to settle the case with the at-fault driver’s insurance company for more than three times what they had offered our client prior to her hiring us.  Our client was thrilled with the settlement offer, and so were we.

Driver Fatigue is a Persistent Issue on Portland Roads

Recent news coverage in Portland and across the state of Oregon has shined a spotlight on an important roadway safety issue that we would like to address from a legal perspective. Almost every week, articles and televised broadcasts cover yet more Oregon auto accidents in which driver fatigue is a crash contributor. If it isn’t already, this should be an issue of concern to Portland drivers, bikers, and pedestrians alike.

Several months ago Portland newspapers and radio stations were tuned in to a transport union’s contract bargaining dispute in which distracted driving was a significant issue. At that time, local activists and an organization called Oregonians for Safe Transit had started a campaign to raise awareness of bus driver overtime practices that were leaving drivers fatigued and endangering those who might come into contact with their vehicles. Oregonians for Safe Transit issued a report that described how Portland bus drivers were working up to 22 consecutive hours and – not surprisingly – falling asleep on the job.

United States Federal law applies to interstate train operators, but not to bus or train operators who work within the boundaries of one state. Unlike Portland’s bus drivers, train operators are required to take a minimum of seven hours off in between shifts. This rule is in place to guarantee that train operators can get the rest that they need in between shifts in order to do their jobs properly and safely. The Portland drivers who were the focus of the organizing campaign this winter were not allowed to work for more than 17 hours without a break, but they also weren’t guaranteed any specific period of time off between shifts.

Driver fatigue is not only an issue for bus drivers – it is a real problem for everyday commuters. In a recent report issued by the Center for Disease Control and Prevention (USCDC), 1 out of 24 U.S. drivers self-reported falling asleep while driving in the previous month. This study highlights an issue that affects drivers throughout the United States and which is well-documented in Oregon. According to the Oregon Department of Transportation’s most recent Motor Vehicle Traffic Crash Data publication, last year 8 percent of all motor vehicle crashes in the state of Oregon involved exhausted drivers.

If you or someone you love has been injured in a motor vehicle accident and you believe that fatigue was a factor leading to your injuries, contact a Portland auto accident lawyer right away. The compassionate, dedicated, and experienced attorneys at Dwyer Williams Potter Personal Injury Attorneys LLP would be happy to investigate your auto accident injury claim. Call us today for a free consultation at 888-700-4337.

Auto Accident Insurance Settlement Reached for Elderly Injured Driver

Dwyer Williams Potter Personal Injury Attorneys just finished negotiating a generous settlement on behalf of an elderly client who was seriously injured in a car collision in late 2011. This gentleman client was traveling in the left lane of a large boulevard, obeying all traffic laws, when another driver pulled directly into our client’s lane of traffic without checking for any oncoming traffic and hit him.  Our client’s car was totaled and he sustained immediate and serious injuries.  Police immediately responded to the scene and cited the adverse driver for a Failure to Yield When Entering a Roadway; there was no question of fault in this case.

Our client was taken to the closest hospital by ambulance directly from the scene of the crash.  X-rays, CT scans, and a physician’s examination revealed fractures to his chest and left arm, some of which required immediate surgery.  Per his doctor’s directions, our client continued treatment with a primary care provider after surgery.  For two months following the accident, it was difficult for him to move and he could only sleep in an upright chair.  He couldn’t perform mundane household duties and for one year he had to hire friends to clean his home and property.  Over time, as our client regained mobility, he also noticed pain in his lower back with sensations of pins and needles down his right leg.

Due to the seriousness of his injuries, our client’s accident-related medical bills reached almost $70,000.  His meager PIP limits of $15,000 were immediately paid to the hospital where he was treated, but that left our client uncertain who would pay his remaining medical bills.  The experienced personal injury legal team at Dwyer Williams Potter LLP explained our client’s PIP benefits to him, which included up to $30 per day in household assistance that he had never heard of before.

We contacted our client’s insurance provider and each medical provider that he had used in order to coordinate paying our client’s outstanding bills.  We also quickly obtained household assistance for our client since was eligible for it, thus reimbursing him for most of what he paid to his friends.  We were ultimately able to negotiate a reasonable settlement for our client that settled his accident-related expenses and that compensated him for the pain and suffering he had experienced.  Our client was happy to have chosen the experienced auto accident attorneys at Dwyer Williams Potter to settle this protracted and costly personal injury claim.

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.

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