Frequently Asked Questions
 

Any lawyer can file a lawsuit and settle your case for what the insurance adjuster offers. That may be good for the lawyer because it involves very little time and effort. It is certainly good for the insurance company because their goal is to minimize the amount of money they pay on every case. That means that their offers are often far less than the true value of a case. At the Law Office of Josh Lamborn I will not settle your case until we make a determination that you will receive the maximum compensation available to you under the law. If that means we got to trial, then we go to trial. Over the past 12 years I tried over 100 jury trials and successfully negotiated thousands of cases. You can be confident that your personal injury case will be handled with the experience, care and attention it demands.

What is my case worth?

The value of each case depends upon the severity of the injury, the type of medical treatment received, the prognosis, the permanency of the injury, the necessity of future medical treatment needed, current and future medical bills, the extent of the emotional trauma, and the length of time needed to heal.  A case is worth what a jury is willing to award the plaintiff based on the above factors and on how much they like the plaintiff.  An experienced personal injury attorney may be able to give you an estimate as to how much they think your case is worth based on cases they have had in the past, but no two cases are the same, so that is all it is – an estimate.

What compensation am I entitled to?

As a car accident victim or any other motor vehicle accident victim you are entitled to the following compensation that is applicable to you:

• Rental Reimbursement
• Payment for your past, current and future medical expenses
• Compensation for future medical care
• Repair or replacement of your motor vehicle or any other property that was damaged
• Medical treatment, whether you have insurance or not
• Time lost from work, including time spent going to medical appointments or therapy
• Any change in your future earning ability due to the injury
• Reimbursement for your out of pocket expenses incurred
• Maximum monetary recovery for the pain and suffering of your physical injuries, and emotional distress

A personal injury lawyer will know what type of expert witness to hire to best prove your damages.

 

How much do you charge?

Personal injury cases are handled on a contingency fee basis. That means I do not get paid unless you get paid. Every personal injury client is entitled to a free consultation to evaluate the merit of their case. There is no charge or fee unless I take your case and you receive a monetary award from the insurance company. The standard fee in personal injury cases is one third of the judgment.

How Do I Figure Out Who Is At Fault?

In most cases, in order to collect on an injury claim in Oregon, you must prove the person who caused the injury was "negligent" - which is a failure to use reasonable care. In Oregon, you must prove:

• The existence of a duty owed to you by the person who caused your injury;
• The other person failed to carry out that duty;
• You suffered damages; and
• The other person's failure caused you to have the injury.

If you were careless and your carelessness contributed to your injury, whether or not you may recover depends upon your percentage of fault under Oregon comparative negligence law. Oregon follows a modified comparative fault rule, which provides that if you were 51% or more at fault, you cannot recover damages. If you were 50% or less at fault, you may recover damages, though your recovery will be reduced by your degree of fault.

 

In Oregon, if more than one person is negligent toward you, each person who has been found negligent to you is responsible for a proportional amount of the total damages.

What if the other driver does not have insurance?

You may still benefit from consultation with a qualified personal injury lawyer. First, I can help ensure that your insurance company fulfills its obligation to fully pay your medical bills. Sometimes insurance companies attempt to limit the amount of money they pay doctors, chiropractors and physical therapists for your legitimate treatment of your injury. I can help you recover the full amount owed to you under your insurance contract even if the other driver did not have insurance or if you were at fault.

Next, I can help you determine whether the other driver has the ability to pay for his negligence out of his own pocket, even if he was not covered by insurance. Finally, in some cases other parties besides the driver who injured you may be partially at fault. I can determine whether some third party, such as a bar owner, a parent or a government entity may be negligent and therefore financially responsible for your injury.

What if I was injured in a single car accident?

Even if you were injured in a single car accident you are entitled to compensation for your injury from your insurance company. Every driver in Oregon is required to carry insurance with a minimum amount of personal injury protection coverage on their policy. An experienced auto accident attorney can help ensure that your insurance company fulfills their obligation under your policy.

Will my case settle out of court?

The majority of personal injury cases are settled prior to trial. While most victims prefer not to have to testify in a trial, it is only the realistic threat of a trial that keeps insurance companies honest. Some attorneys have never been to trial, either because they are apprehensive about entering the courtroom or they prefer to take the first offer from the insurance company and move onto the next case. I have tried over 100 jury trials in the last 12 years.

If the insurance company is not offering what your case is worth I will force them to pay what it is worth by arguing your case to a jury. If the insurance company offer is legitimate you and I may come to the conclusion that we should avoid the risk of a trial by settling the case. However, I will never settle your case without your authorization.

What do I do about my medical care?

If you need assistance obtaining the proper medical care for your injuries, I can help you. My assistance entails fighting your own auto or health insurance carrier to get authorization for proper medical treatment, or to get a second medical opinion for your injury.

If you don't have health insurance, I may still be able to obtain immediate medical treatment for you, and you don't have to pay back the doctors until you receive the money from your settlement.

How do I fight the insurance company?

A common practice of insurance carriers is to place blame for the accident on the accident victims even when they are not at fault, and/or make very low settlement offer, if at all.

With my experience, aggressiveness, and proven track record, I will fight the insurance carriers on your behalf for the best possible result.

What if my insurance company tells me they will not continue to pay my bills?

Insurance adjusters are trained to buy personal injury victims off for as cheap as possible. Only when you involve an experienced personal injury lawyer to represent your interests (protect your rights) do insurance adjusters take your claim seriously.

What do I do if my insurance company already offered me money if I sign one of their forms?

Do not sign anything until you talk to a qualified personal injury attorney. Insurance companies will often attempt to approach an unsuspecting accident victim with a lowball offer to settle their claim. The money may look good now, especially if your medical bills are already piling up, but you will be sorry if you sign anything without a free consultation with an experienced Personal Injury attorney.

Won’t hiring an attorney delay my settlement?

In some cases, yes, but the benefit of consulting with an experienced personal injury attorney will be worth the delay. In some cases, once an attorney is hired insurance adjusters recognize they cannot just approach an unsuspecting car accident victim with a lowball offer. In other cases adjusters dig their heels in and refuse to bargain on equitable terms. These are the cases were the help of an experienced attorney is essential.

What Should You Do After an Automobile Accident?

If an auto accident causes severe injuries to you or to a loved one, you should contact a well-established and reputable attorney immediately. Time is of the essence for the reasons explained below – particularly for individuals unable to care for themselves. Even if the injuries are not severe, you should consult a capable personal injury lawyer soon after you:

• Obtain prompt medical attention for anyone who is injured. If the injuries require emergency care, call an ambulance for transport to a hospital. If not, visit an urgent care center or arrange to be seen by your regular doctor as soon as you leave the accident scene. Some auto accident injuries – often serious ones – may not be apparent to you right away, especially when your body has been traumatized, so be sure you are examined by a medical care provider without delay.
• Call the police and file an auto accident report. Filing a police report will document the facts of the accident and help determine who was at fault.
• Gather information at the accident scene. If you are able, take photos of the damage to the vehicles and obtain the names, addresses and telephone numbers of any witnesses, police officers, and insurance company representatives. Write down everything you can remember about how the injury occurred.
• Do not give statements to the insurance companies’ representatives about the car accident without contacting a lawyer. Information you give the insurance companies can damage your case.
• Anyone involved in a car accident is required by law to exchange contact and insurance information with the other driver. You must also file an accident report with the Department of Motor Vehicles if the damage to the vehicle you were driving exceeds $1500; the damage to any vehicle is over $1500 and any vehicle is towed from the scene; injury or death resulted from the accident; or damages to any property other than a vehicle is over $1500. A police report does not satisfy or remove your requirement to file an accident report with the DMV. You must do that yourself.

Why do I even need to hire an attorney?

You may not need to. However, it cannot hurt for you to come in for a free consultation regarding your potential case. If I do not feel that you will get more money for your claim with my help, then I will advise you to handle the case on your own with the insurance company. However, in the appropriate case, a qualified personal injury attorney is well worth his or her fee. There are legal and factual limitations in personal injury cases that are a trap for the unwary. For example: if a potential defendant in your case is public agency, you must file a tort claim notice within 180 days of the incident if there is an injury, within a year if there is a death. Failure to file such a notice may result in a forfeiture of any claim against that agency.

How long do I have to file my personal injury claim?

Generally, the statute of limitations for negligence in Oregon is two years. Many claims are settled prior to the filing of a lawsuit. However, if the case is not settled within the two year period a lawsuit must be filed or your rights will be forfeited.

Protect Your Auto Accident Claims – Don’t Delay!

Act quickly. Anyone who has been injured in a car accident should get in touch with a reputable auto accident lawyer without delay. Why? Because a skilled and experienced auto accident lawyer will:

• Conduct an immediate investigation to locate witnesses and preserve evidence relevant to the car accident before it is lost or altered;
• Help you get the medical treatment you need;
• Conduct all communication with the insurance companies;
• Find all potential sources of compensation for your losses; and
• Protect your legal rights against filing deadlines.

As the victim of a car accident, you should not rely on any insurance company – even your own – to protect your interests. Every insurance company has adjusters, investigators, and attorneys assigned to auto accident claims. Their primary goal is to limit the amount of compensation the insurance company pays to auto accident victims like you.

 

Insurance companies are not the friends of injured car accident claimants. Don’t make their job easier by providing them with information that they can use or manipulate to deny your car accident claim. Make sure you have the best Personal Injury lawyer you can hire on your side to aggressively protect your interests.