FAQ

FAQ

Personal Injury

When should I contact a personal injury attorney following an accident?
As soon as possible. The sooner you contact us about your injury, the better your chances of getting the help you deserve. There’s almost always a time limit (known as the “statute of limitations”) for filing a personal injury, so it’s important that you act quickly. Our Oregon personal injury lawyer can help you understand your options. Call us today for a free consultation.
What should I bring to an initial consultation?
You will want to bring any and all documents related to your injuries as well as the crash or other incident that caused tour injuries. This will include:

  • Photographs (vehicle photographs and/or injury photographs)
  • A copy of any police reports and/or accident reports
  • Medical records and chart notes (ER and other hospital records, imaging reports, chart notes)
  • Medical Discharge instructions
  • Medical Bills
  • Correspondence from any insurance companies (your own or the other driver’s or at fault persons’)
  • Any documentation of where you received treatment

If you were involved in an accident and there were witnesses to the accident, you will also need to provide their names and contact information. For auto accidents, bring your insurance information and any documents you received from either party’s insurance company.

How long does it take to resolve a case?
It’s impossible to predict exactly how long your case will take to resolve. Every case and client is different and requires a unique approach. In some cases, it could only take a few months to resolve your claim, while in other cases (usually involving more serious or permanent injuries or trauma), it could take several years or more. The Law Office of J. Clay McCaslin will work diligently to resolve your case–either through settlement negotiations or a jury verdict–and obtain a favorable outcome for you.
Will I have to go to trial?
Most personal injury cases are get settled without a trial, often without even filing a lawsuit. However, for a number of reasons this is not always possible in every case. In some cases, there is a dispute over who is at fault, or whether the person who caused your injuries is responsible for your damages. In many cases, the insurance company for the person who caused your injuries refuse to offer any money for your injuries, or they offer far too little.

When this happens, you will need an experienced, seasoned, attorney who will fight for you and the compensation you deserve.

Do I even have a case?
If someone else’s negligence caused your injuries, you may be able to seek damages (i,e. Monetary compensation) from the at fault party and/or that person’s insurance company. Determining the extent of your damages and obtaining appropriate compensation from insurance companies can be tricky, so speaking to a personal injury attorney injury lawyer can help you preserve all your rights as well as determine your next steps.

Vehicle Injury

What should I do after I have been involved in a car accident?
The most crucial thing you should do after any car accident, of course, is to seek medical treatment for any injuries you may have sustained. Before that happens, though, it is important to obtain a few key pieces of information at the scene, if at all possible.

  • Get all names and contact information, including insurance information, from all drivers and witnesses.

    • First, be sure to gather all contact information from the other driver(s) and any other passengers involved in the accident, including each of their names, addresses, drivers license numbers, insurance company, and policy number for all other drivers. If the parties are cooperative, it is helpful to take a photograph of their drivers license(s) and insurance card(s) as a way of quickly recording the information.

  • Take photos.

    • Next, try to take photographs of all vehicles involved in the collision, and while still at the scene if at all possible. Make sure to capture all obvious (or even possible) areas of damage to all vehicles involved in the accident. Be sure to take pictures of your own vehicle at the scene, as it may be more difficult to do so after it has been towed, especially if you have also been injured. It is also helpful to take photos of the scene of the accident itself, including all traffic signals, stop signs, and road crossings. Use your best judgment to record the scene in way that will help to explain what happened later, for example in court.

    If possible, try to gather names and contact information of all witnesses to the accident or its immediate aftermath, including each of their name(s), telephone number(s), and mailing address(es). Witnesses can make or break a case sometimes, and it is crucial to obtain and preserve all witness information. If the witnesses’ names and phone numbers are not gathered at the scene, it can be very difficult or impossible to track them down, and the evidence they would otherwise have is lost.

  • Seek medical attention immediately.

    • The most important thing you can do after a car accident is to seek medical treatment right away. This is most importantly for your own health, but also for any legal claim you might have against the other driver(s). The longer you wait to seek medical attention and appropriate medical care for your injuries, the less likely that you will have a strong case for compensation in most cases. The medical records related to your treatment provide documentation of your injuries and will be used as supporting evidence in your case. For that reason, it is critical to obtain medical care and attention as soon as possible following an accident, so that you and your doctors can develop a plan and you can get better.

  • File an Accident Report with the Oregon DMV.

    • After the cars have been towed and you have been received any emergency medical treatment following the accident, it is important to complete an Oregon DMV Accident report and Incident Report. Under Oregon law, anyone involved in an accident involving physical injury and/or vehicle damage estimated to be over $2,500 must complete and file this report within 72 hours of the accident. While the report is confidential under Oregon law, failure to file it can have serious consequences, including suspension of your Oregon driver license. Therefore, It is important to file the report as soon as possible after any accident. The reports cannot be used in court or in litigation and are protected by statute. It can be helpful to contact an Oregon personal injury attorney right away after being involved in a collision, in order to preserve all important evidence and information related to your accident, as well as your own rights and legal remedies.

  • Do not give any recorded statements to the other driver’s insurance company .

    • Insurance companies will often ask you to give a recorded statement when opening a claim following a car accident. The insurance adjuster will make it seem very casual and friendly, and people will therefore often consent to having their statement recorded over the phone.

    While the claims adjuster may seem friendly and helpful, this is usually not a good idea, especially before speaking with or hiring an Oregon personal injury attorney.

    The questions may seem harmless enough at the time, but they are often designed to lead you into giving answers and statements that the insurance company will try to use later to minimize or your injuries or even deny your claim altogether.

    These are some of the reasons why it is best to consult an experienced Oregon personal injury attorney as soon as possible after being injured in a car accident, and preferably before giving any recorded statements. In the meantime, it is best to avoid discussing your injuries in detail and/or giving any recorded statements to any insurance companies, especially the insurance company for the at fault driver.

  • Contact an experienced Oregon personal injury attorney today.

    • It’s best to contact an Oregon personal injury attorney as soon as possible to assist you in analyzing your claim(s), helping to make sure that your medical expenses are being paid, dealing with the various insurance companies and representatives (your own as well as the other parties’), gathering all of the information and records needed to present your claim, attempting to negotiate a settlement on your behalf with the other side, preparing and filing a lawsuit if necessary, and representing you in court if the insurance company does not offer enough to compensate you for your injuries.

Can I still get money if I was partly at fault?
Yes, you can in many cases. Oregon follows a comparative negligence law, which means that even if you were partially at fault for the accident, you may still be able to recover compensation. However, the amount you receive will be reduced based on your percentage of fault, as determined by a jury. For example, the total damages are $10,000 and a jury determines that you were 20% at fault, you could potentially recover $8,000.

However, if your percentage of fault is determined to be 50% or greater, then you would be unable to recover any damages under Oregon law. For help in analyzing these issues and determining the strength of your claim as a pedestrian, it is best to contact an Oregon personal injury attorney experienced in handling pedestrian injury claims.

How should I handle my medical expenses after I have been in a car accident?
In Oregon, every automobile insurance policy must include $15,000 of medical coverage for Personal Injury Protection (“PIP”). PIP medical benefits are available on a no fault basis, meaning that PIP applies regardless of who was at fault in the accident. PIP medical coverage is primary over your own health insurance under Oregon law, meaning that it is the first source of insurance that should be billed for medical expenses arising out of your accident.

You will generally need to contact your own insurance company to open your PIP claim following an accident. If you, however, it is best to avoid discussing your injuries in detail or anything other than the most basic facts of the accident. It can be helpful to have the assistance of an experienced Oregon personal injury attorney in opening a new PIP claim, as well as making sure the PIP continues to pay for all accident related medical expenses up to the PIP limit (which is usually $15,000 in Oregon).

What if I was injured as a passenger?
If you were injured as a passenger in a car accident, then you may also have your own case against the at fault driver. In some cases, the at fault party may be the driver of the other vehicle(s). In other cases, if the driver of the vehicle in which you were riding was at fault, you may have a claim against that driver as well or instead of the driver of the other vehicle. Often, the driver of the vehicle in which you were riding may be your own family member, spouse, or friend. Navigating a claim as a passenger can obviously be tricky in these circumstances, and so it can be a huge advantage to consult an experienced personal injury attorney who has experience in recovering compensation on behalf of injured passengers.

If you were injured in a car accident in Oregon as a passenger in someone else’s vehicle, you may be entitled to compensation. Contact the Law Office of J. Clay McCaslin today for a free evaluation of your passenger injury case.

What if the other driver was uninsured or is underinsured?
If the other driver didn’t have insurance or didn’t have enough insurance, you might be able to get help from your own insurance. Many car insurance policies have something called “uninsured or underinsured motorist coverage.” This can help you pay for damages if the other driver doesn’t have enough money to cover the all of your damages and losses.

Uninsured or Underinsured Motorist Coverage (UM/UIM): If the other driver was uninsured or underinsured, your own UM/UIM coverage may provide compensation for your injuries and damages. However, the other driver must either be “uninsured” at the time of the crash or “underinsured” (meaning their insurance coverage is insufficient to cover all of your damages). The specific facts of your case and the terms and conditions of your own auto insurance policy will determine whether UM or UIM coverage is available your case.

Pedestrian Injury

Do I have a time limit to file my pedestrian injury case?
Yes. In Oregon, there’s a specific time limit, called the statute of limitations, for filing a pedestrian injury case. It’s important to act quickly. If you miss the deadline, you might lose your right to compensation for the damages you have suffered. It’s best to consult with an experienced Oregon personal injury lawyer as soon as possible to understand the specific deadlines that may apply in your case.
Can I still get money if I was partly at fault?
Yes, you can in many cases. Oregon follows a comparative negligence law, which means that even if you were partially at fault for the accident, you may still be able to recover compensation. However, the amount you receive will be reduced based on your percentage of fault, as determined by a jury. For example, the total damages are $10,000 and a jury determines that you were 20% at fault, you could potentially recover $8,000.

However, if your percentage of fault is determined to be 50% or greater, then you would be unable to recover any damages under Oregon law. For help in analyzing these issues and determining the strength of your claim as a pedestrian, it is best to contact an Oregon personal injury attorney experienced in handling pedestrian injury claims.

Do I need a lawyer to handle my pedestrian accident case?
While it’s possible to handle a pedestrian accident case yourself, hiring a lawyer is generally a good idea. This is true for a number of reasons:

  • Legal expertise: An experienced Oregon personal injury attorney who handles pedestrian accident cases can help you understand the often complex laws and procedures that may apply in your case. An attorney who specializes in pedestrian injuries can help you navigate the often complex working of the insurance and legal system, preserve all of your rights, and help you obtain fair compensation for your injuries.
  • Experience: An pedestrian injury attorney will also have experience dealing with insurance companies and other parties involved in pedestrian accident cases. An attorney who handles pedestrian injury cases will know how to negotiate the best possible settlement on your behalf and can represent you in court if the insurance company doesn’t play fair.
  • Support: A lawyer can provide you with logistical support and guidance throughout the legal process, which can be overwhelming and stressful for many clients.
  • Efficiency: Dealing with a pedestrian accident case can be time-consuming and stressful. An experienced pedestrian injury attorney can take care of the legal details, allowing you to focus on your recovery.
  • Increased compensation: Studies have shown that people who hire an attorney often receive higher settlements or verdicts than those who represent themselves, including in pedestrian cases.

If you’re considering hiring a pedestrian injury lawyer. Contact The Law Office of J. Clay McCaslin today to see how we may be able to help you with your pedestrian injury case.