Tag Archives: PIP

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.

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.

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

Passengers Benefit from Representation of Auto Accident Attorney

The Detroit Lions defensive tackle Ndamukong Suh is in the news again – this time for a car accident in Detroit, Michigan. You may remember that the Portland native was in our local news in December 2011, when he lost control and crashed on 3rd and Burnside in Portland, Oregon. Although Suh was eventually ticketed, the accident was not investigated initially, because the crash reportedly involved no injuries or intoxicants. In July 2012, a passenger in Suh’s car at the time of the accident, Saadia Van Winkle, sued Suh for $1 million, for negligence, reckless driving, and emotional distress. Van Winkle said that she was injured in the crash but that Suh intimidated her into keeping quiet to avoid an investigation by the police. According to the Oregonian, the case is set to go to trial in March 2013. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon

Regardless of how the case plays out in court, it is a reminder that passengers are often injured in car accidents and need medical care, may lose wages while recovering, and suffer emotional pain as well as physical, just as the driver of the car might. If you’re a passenger in a car accident, what are your resources and rights?

All Oregon private auto insurance policies include Personal Injury Protection (PIP), which provides payment for medical bills, lost wages, and even some household expenses. If you are a passenger in a car involved in an accident, the driver’s PIP policy should cover you. If the other driver is liable and you are injured, you can file a claim with the at-fault driver’s insurance policy for any injuries, lost wages, or pain and suffering. The insurance company may deny your claim or offer you a settlement that is too low. If that happens, you should retain the services of an auto accident attorney. You have a right to legal representation, just as a driver of the car might.

If you were a passenger in a car involved in a Portland, Oregon auto accident and were injured, we can help. Don’t think that just because you weren’t driving, you have no rights or deserve no compensation. At Dwyer Williams Potter, our attorneys have experience settling and litigating all kinds of auto accident claims, for drivers and passengers. We offer free consultations, so you can discuss your accident and claim with us at any time. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 888-247-9023

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

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