Portland Auto Accident Attorney

Oregon Personal Injury Law

Definitions

Personal injury claims come with a unique set of legal words which you may encounter immediately after an accident when dealing even with your own insurance carrier. The following definitions are offered as a starting point for your better understanding of what you're being asked to do.

If the word or phrase you are investigating is not on my list, please send me an email.

BLANKET MEDICAL AUTHORIZATION — You may be asked by the other vehicle driver's insurance companies to sign a "blanket medical authorization." Before signing any medical authorization forms, consult with an auto accident attorney. Signing a blanket medical authorization allows your health care providers to provide all medical records, not just those concern the particular accident. A blanket medical authorization would also include authorization to release your medical records from previous accident or injuries as well as any medical records of any historic similar injuries. The other insurance companies will attempt to use your medical history and previous injuries against your claim. An experienced auto accident attorney who is on your side will help protect your rights while honoring the legitimate need for any medical records.

BREACH OF DUTY — (duty - duty of care) Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law." [wikipedia] Breach of duty is failure to honor this social contract standard of an individual's responsibility owed to another by reason of their relationship. For instance, a product manufacture owner vs. customers, a dog owner's responsibility and duty to not allow a pet dog to attack a pedestrian or jogger, a driver's responsibility and duty to other motorists to observe rules of the road and and focus on driving, distracted driving by talking on a cell phone or texting then is a breach of this social contract duty to other cars, bicycles and pedestrians who share the road.

BURDEN OF PROOF — In personal injury law this is the proof requirement that the plaintiff or the defendant (in a civil case) show by a "preponderance of evidence," that all the facts necessary to win a judgment are presented and are probably true which is distinct from criminal law truth standards.

CONTRIBUTORY NEGLIGENCE — "This is either a mitigatory defence or, in the United States, it may be an absolute defence." [wikipedia] Contributory negligence may be used by the defense insurance company. Essentially contributory negligence means that an accident or injury of an individual suffered is in part due to their own negligence (their negligence "contributed" to the accident). The injured party may not be entitled to collect any damages (money) from another party who supposedly caused the accident or only be entitled to a proportion of damages due to negligence. You may also hear the phrase, "comparative negligence," which is not exactly the same meaning and to complicate matters these two terms may have different precise meanings in various USA states than Oregon's system for determination of negligence.

COSTS — The expenses of a lawsuit or action which may be recovered by law from the losing party, often defined by statute or by a court's rules, and in most cases not including attorney fees. It is vital that you understand the differences between personal injury lawyer contracts which define how costs are to be paid. Most personal injury attorneys will take cases on a contingency fee basis and may promise to not charge attorney fees unless a monetary recovery is won for you. You may easily see the percentage which is to be paid as, "attorney fees," but it is important that you ask about any other costs which may be incurred as many personal injury attorneys may charge for opening your case, requesting and receiving medical records. I do not charge anything but a percentage for attorney fees on your monetary recovery. Further, I reduce the amount of attorney fees I receive because I first pay your medical expenses before I calculate my attorney fee percentage. This means that you will receive more money if I handle your case compared to a personal injury lawyer who accumulates all these charges to accumulate higher fees and take a greater percentage of your settlement money.

DAMAGES — This refers to all and the various types of harm caused by one person to another. The damages may be attributably due to negligence or carelessness, or just by the chance of accident.

DISCOVERY PROCESS —In a personal injury trial, this is the means by which all involved in the trial litigation can, "discover," the evidence of the other parties. Depositions are formal legal procedings which may be part of a personal injury trial case.

FAIR MARKET VALUE —This refers most often to the value of a vehicle after an auto accident. I prefer to work with a professional auto appraiser whom I believe are the best source of this information and the nuances which effect this final valuation. There are other well known and respected sources such as, "Kelly Blue Book."

FIRST BITE LIABILITY STATE — This relates to dog bite law. Some states allow one bite or a 'free bite." First bite liability states impose strict liability on the owner of a dog that bites a victim whether it is the dog's first bite or not. Depending on the state, there are some exceptions to this rule. To further complicate dog bite injury law, some states have different laws by county and even by city or municipality.

.FREE BITE STATE — In dog bite law, some states have a dog bite law that allows "one free bite." There may be legal arguments to help the victim which is the first time the dog bit a person if the victim's attorney can show that the dog owner knew or should have known that the dog had a propensity for violence.

INDEPENDENT MEDICAL EXAM (IME) — An insurance company may request and even require an independent medical examination. The medical examiner of an IME is a doctor who is a contracted physician in the employ of the insurance company. Often an IME may be used in order to discredit the findings of your own physicians as to the severity and medical findings of your injury. Therefor, it is very important to talk to a personal injury lawyer before you consent to the IME. Your lawyer then will be able to protect your rights.

INJURIES OR DAMAGE OTHER THAN BITES — Vicious animal or dogs do not always cause bite injury. This refers to any injury which was due to the natural and probable consequence of the attack of a vicious animal. Perhaps you were jogggin on a trail and had to take a dangerous evasive passage to secure your safety and broke a leg. If the victim can prove that the animial or dog owner's negligence was the direct and proximate cause of one's injuries, she should be able to recover for her injuries even though her injuries did not fit a specific statute.

INSURANCE SUBROGATION RECOVERY — The key word here is subrogation. This phrase specifically refers to part of a settlement which is used to pay your insurance company to recover money paid on your behalf for medical expenses or lost wages in advance of the settlement.

LIABILITY — Accountability and responsibility to another, enforceable by civil remedies or criminal sanctions. We have this in Portland in our responsibility to sweep the sidewalks and keep them safe.

MAXIMUM MEDICAL IMPROVEMENT (MMI) — This terminology refers to the condition where the injured person has healed as much as she is going to heal, and further medical treatments will not improve her condition or her chances of avoiding further pain and suffering. The claimants use the term to show the fact that injuries are so severe and chronic that they will continue to cause pain and suffering irrespective of any further treatment. Herniated disc and spinal injury are types of injury that a person does not fully recover from. Herniated disc injury can be very painful lifelong injury. It is very important to have an experienced personal injury lawyer if you have suffered a permanent injury. For instance with herniated disc injury, you may feel more pain in the future then you do at the present. An experienced personal injury lawyer who is familiar with herniated disc injury will know how to prove the long term nature of your injury and you will be able to get a settlement that reflects that your future will be effected by your current injury.

MEDICAL TREATMENT THROUGH LIEN — When an injured person has no insurance, and their injury exhausts the available PIP or if there is just no medical insurance, an experienced personal injury lawyer will very often be able to work with doctors and medical facilities to obtain the medical services and treatments that you require to get better. The "lien" is a promise to pay for medical treatment, by asking your doctor to accept the lien on your settlement proceeds as security for payment for medical services and with the personal injury lawyer stating that your case should settle and your medical bills will be paid in full from your settlement. It is very important that you get the medical treatment that you need when you are injured. Not all personal injury lawyers are willing or able to work with a network of physicians who are both skilled and trusting of the lawyer's opinion about your case and right to settlement money. But an experienced personal injury lawyer should be able to help you get the medical care you require even if you have no insurance when you have been injured by the negligent acts of another and when there is some insurance to go after.

NEGLIGENCE — Carelessness that causes injury or harm, whether by doing something, or by failing to do something that an ordinary person would do under similar circumstances. In most jurisdictions, negligence per se is a violation of a statute or ordinance adopted for the public's safety and can establish the violators civil liability.

NO FAULT INSURANCE COVERAGE — Type of automobile insurance in which the accident victims are compensated by their insurance companies without assignment of blame.

PAIN AND SUFFERING — Mental or especially physical distress for which one may seek damages in a personal injury lawsuit.

PASSENGER CLAIMS — Claim made by the passenger(s) of the vehicle(s) involved in the accident. A passenger can even bring a claim against the driver of the car in which they were a passenger. Most auto insurance policy coverage detail the amount of PIP and other insurance for the passenger in your auto insurance coverage.

PIP CLAIM — PIP stands for personal injury protection or insurance specific to bodily injury, loss of wages, or death. Claims agains a personal injury insurance policy also known as a first party claim. Your PIP insurance covers the insured while in another vehicle, including exiting and entering a vehicle and even while you are riding a bike, walking or jogging (pedestrian) and not driving your car which you carry your auto insurance. Generally your PIP will cover your, "reasonable and necessary," medical care, a death benefit and a set amount or percentage of wages lost after a predetermined time off the job (that is PIP can run out and some serious injuries may require a longer time of medical treatment and recovery than your PIP coverage will last).

SOFT TISSUE INJURIES — Injuries to any muscles, tendons, ligaments, intervertebral disks and/or nerves, such as can be caused by unnecessary stress to the spine. Whiplash commonly causes soft tissue injury.

STATUTE OF LIMITATIONS — A law which sets the limits to the right of action. A lawsuit must be brought within a specified time period after the right accrued, with certain exceptions.

SUBROGATED INTERESTS — Right of your health insurance carrier for reimbursement of payments for the medical care you needed when your injury is due to the negligence of another and your settlement will include medical expenses. The medical costs due to your injury is to be re-paid following the settlement from the tortfeasor's insurance company.

SUBROGATION — A formal legal proceeding. A taking on of the legal rights of someone whose debts or expenses have been paid. Subrogation occurs when an insurance company that has paid off its injured claimant, then takes the legal rights the claimant has against a third party that caused the injury, and sues the third party.

TOTALED — A vehicle is generally declared a total loss when the estimated cost to repair the vehicle is equal to at least 80% of the retail market value of the vehicle prior to the damage. Diminished value claims relate to the diminished value of a vehicle after a serious accident when the car is not declared totaled but the damages even after the repair will reduce your car's resale value.

UNDER INSURED MOTORIST (UIM or UM) — This is an important part of your auto insurance coverage. You can increase the amounts of this type of auto insurance coverage that you carry with your specific policy. Underinsured motorist bodily injury coverage, pays for medical expenses, lost wages, and other general damages when policyholders, authorized drivers, or passengers are injured in an accident caused by a driver who has insufficient coverage. Underinsured motorist definition varies significantly from state to state. This type of auto insurance coverage is more important to increase for individuals who do not have any health insurance coverage whereas it is slightly less important for the individual who has private health insurance coverage, however, since your auto passengers may not have their own health insurance coverage, it is an important part of your auto insurance policy and only raises your insurance premium slightly to increase the amount of UIM coverage you have.

UNINSURED MOTORIST (UIM) INSURANCE — If you are in an accident with a driver who has no insurance coverage you can still carry your own auto insurance coverage to protect you and the passengers in your car. Uninsured motorist bodily injury coverage is an important part of your auto insurance policy. Uninsured motorist bodily injury coverage pays for medical expenses, lost wages, and other general damages when auto insurance policyholders, authorized drivers, or passengers are injured in an accident caused by a driver who has no insurance. Uninsured motorist coverage may also pay for injuries sustained in hit-and-run accidents. You can increase the amount of this type of coverage in your auto insurance policy for only a small increase in the total cost of your auto insurance policy. Again, your PIP bodily injury coverage protects you even while you are driving your car but you are walking, jogging or riding a bicycle. In the case that you are hit as pedestrian or bicyclist by an uninsured motorist or if you are the victim of a hit and run accident, your auto insurance policy may still come in to protect you and offer you the same insurance coverage as you would have if you were driving your car.

If you have been seriously injured contact an Oregon personal injury lawyer before you make any big decisions. Myself and many other Oregon personal injury attorneys offer free no obligation consultations.