Negligence or “tort” law is among the most complex fields of law in modern America. The growth and wealth of the insurance industry has created a battleground for anyone who has been hurt through the fault of another person or company.
But how do you prove you are the victim of negligent personal injury? Will a doctor help you even though you may end up in court? How do you know if a settlement is fair – or even a good idea? Where do you turn when the insurance company rejects your claim? Are you sure you have a valid personal injury claim?
Not everyone needs a lawyer to resolve their personal injury claim. Some claims are small enough that you may feel comfortable dealing directly with the insurance company. If your injuries are serious enough to cause you to miss time from work, require medical treatment and raise concerns about your future, then you may not want to rely on the insurance company to look after your best interests. When there is a lot at stake, you should consider letting our expertise protect your best interests.
Lost wages, future medical expenses, and recovery for your pain and suffering are important questions to consider if you have been hurt. Let Cary Wing Edmunson help you through the maze of insurance, litigation and negotiation. We do the work so you can get your life back.
Let our experienced attorneys help you with your personal injury claim.
Frequently Asked Questions
If I go to the doctor, who is going to pay my bill?
Your auto insurance is required to pay all reasonable and necessary accident related medical bills for the first year after the accident, generally up to $15,000, depending on your particular policy, even if the accident is your fault. This is commonly referred to as your PIP coverage. If the accident is someone else’s fault, your insurance company will look to the bad driver to pay back the benefits they pay to you under your PIP coverage.
What about any time off from work, can I get paid for the time I miss from work?
Yes, your PIP coverage also covers time off from work. After your doctor has taken you off work for 14 consecutive days, your insurance policy will pay you 70% of your lost wages up to a maximum of $1,500 per month for a maximum of 52 weeks. You can receive these lost wages even if the accident was your fault.
Is it OK to talk with the insurance companies?
It is OK to speak with your own insurance company and tell them about the accident. If you choose to speak to the insurance company for the person who caused the accident, you should be aware that insurance company is not looking out for your best interests. It may be best to give us a call before you decide whether you want to talk to the opposing insurance company.
My car is wrecked, what do I do?
If your car has been damaged, the insurance company for the person who caused the accident is required to either fix the car or buy it from you for fair market value. If the car is going to be repaired, you may have it repaired at the repair shop of your choosing. Many times there are questions about rental cars, fair market value of the car and what type of parts may be used in repairing a car. The answers are not always simple, so feel free to call with your questions.
5. I have injuries, do I have a case and what is it worth?
If you have suffered an injury, the most important thing you can do is get appropriate medical care. You may well have a claim against another person who caused the accident. Until you are all better, or at least as well as you can expect to be, it is impossible to accurately state the value of your claim. Unfortunately, there is no magic formula that decides what your claim is worth. There are many important factors we will discuss at length when it is time to put a value on your claim. It is important to remember, however, that just because an insurance adjuster tells you your claim is worth a certain amount, that is not necessarily correct. And just as important, you do not have to accept what the insurance company wants to pay you!
In our office, we only take cases on a contingency fee basis. That means you do not have to pay for our legal services on an hourly basis. In car accident cases, our fees start as low as 25% and these fees are only paid out of any recovery we win on your behalf. If we do not win, you do not pay anything for attorney fees.
Do I need a lawyer?
It is up to you. The insurance company is always very willing to deal with you directly. In fact, many times they may suggest that you will be better off if you do not have an attorney. The truth is the insurance company knows exactly what they are doing, and you do not. If you do not have an experienced attorney on your side, you are not playing on a level playing field. You have to rely on the insurance company to be honest with you and to treat you fairly. Since you do not have any experience in this area, it is pretty hard to know whether the insurance company is being fair to you.
Although most of our cases come from individuals in the Willamette Valley – Eugene, the Roseburg area, and the Central Coast, we selectively accept cases throughout Oregon.