If you have been injured in a car crash, you may be struggling to recover physically and financially. You may be experiencing pain from severe injuries and financial stress from the accumulating medical bills. You need trusted legal guidance from an experienced personal injury attorney if the other driver caused the crash. then you may be entitled to demand compensation from the at-fault driver’s automobile insurance to cover the harm you have suffered.
Unfortunately, insurance companies are focused on protecting their profits. They’ll use complicated Oregon car accident laws, such as the state’s modified comparative negligence statute, to minimize the amount they pay to settle claims. You need a knowledgeable Portland personal injury lawyer to stand up for you.
Don’t make the mistake of trying to pursue an injury claim on your own. Let our Portland personal injury lawyers with Rizk Law negotiate on your behalf and aggressively pursue every cent you’re owed.
What Is a Car Accident Settlement?
Many personal injury claims arising from motor vehicle accidents end in settlements. A car accident settlement is an agreement between the injured individual and the at-fault driver’s insurance company to resolve the claim before it goes to trial. The time-consuming nature of trials can make reaching a settlement a desirable resolution of a personal injury lawsuit.
Oregon follows a modified comparative negligence system for personal injury claims. Comparative negligence means that all parties involved in a car accident are assigned a percentage of fault. Under the law, if your own actions contributed to the accident, even if they were not the main cause, you would have a share of fault.
To illustrate this concept, let’s say you drove 5 miles per hour over the speed limit and were hit by a driver who merged improperly into your lane. The investigators determined the other driver was primarily at fault, and you were partly to blame. If the personal injury case went to trial, a jury would decide each side’s share of fault. If the jury assigned you 20 percent of fault, then any award you received would be reduced by 20 percent. If this were a $100,000 case, you would be entitled to receive $80,000 in damages.
The Car Accident Settlement Process in Oregon
There are multiple steps to filing a car accident personal injury claim in Oregon:
- Seeking Medical Attention – After an auto accident, you should keep copies of your medical treatment records and follow-up appointments. The records of your injuries, medical treatment, and expenses will serve as documentation for your claim.
- Gathering Supporting Evidence – An experienced personal injury attorney can identify and gather evidence to support your claim, such as photographs, videos, and witness statements.
- Filing Your Claim – Your attorney will calculate the extent of your losses and the amount of compensation necessary to make you whole. The lawyer can file your claim, including evidence of your injuries, with the at-fault driver’s insurance company.
- Negotiating with the Insurance Company – After the insurance company receives the claim and has time to investigate it. the attorney representing you will seek to negotiate a fair settlement. This phase may involve back-and-forth discussions. Your attorney will notify you of any settlement offer and offer an opinion on whether it’s a fair offer.
- Agreeing to a Settlement – If both parties agree on a settlement, they will sign a document outlining the compensation amount and other terms. Once signed, the agreement is legally binding, and the insurance company must pay the compensation.
Settling a Claim with an Insurance Company
Insurance company negotiations can be challenging, especially because many insurers try to minimize payouts to protect their bottom line. A Portland car accident attorney from Rizk Law can apply their experience to level the playing field and seek a fair settlement on your behalf. Your lawyer will also communicate with the insurance company, present evidence during negotiations, and advocate for you every step of the way. If the insurer refuses to agree to a fair settlement, then our attorneys will be prepared to pursue personal injury litigation to seek justice for you.
What Happens After a Settlement?
After settling, the at-fault party’s insurance company must pay the agreed-upon compensation.
Your settlement will likely state that you cannot file another lawsuit against the at-fault party for the same car accident. For this reason, it’s essential to hire an attorney with experience handling Oregon personal injury cases who can accurately calculate your physical, financial, and emotional losses and seek an appropriate settlement.
What Compensation Can You Get from a Car Accident?
In an Oregon car accident settlement, you can seek the following types of compensation:
- Medical Expenses – This compensation covers your medical treatment related to the accident, including surgeries, hospital stays, prescription medications, physical therapy, and future medical treatment.
- Lost Wages – You can seek compensation for lost wages if you missed work while recovering from your injuries.
- Loss of Future Earnings – If your injury caused a disability that prevents you from returning to work or limits the type of work you can do, you can seek compensation for your lost earning potential.
- Pain and Suffering – These subjective, non-economic damages account for the physical pain and suffering you experienced because of your injuries.
- Emotional Distress – You may seek compensation for the emotional distress you experience due to your injury. This may include compensation for the effects of scarring, disfigurement, or disability on your life.
- Property Damage – You can recover compensation for the costs of repairing or replacing your vehicle and other property damaged in the accident.
Benefits of Hiring a Portland Car Accident Attorney
There are many benefits to retaining an experienced Portland car accident lawyer. When you hire Rizk Law, your attorney will do the following:
- Investigate the Accident – Your attorney will investigate the accident, determine the at-fault party (or parties), and collect evidence supporting your claim.
- Develop a Strong Case – With a well-prepared case and solid evidence, your attorney can effectively argue for a higher settlement when negotiating with the at-fault driver’s insurance provider.
- Negotiate with Insurance Companies – Experienced attorneys understand personal injury law and the nuances of negotiating with insurers. If you go into settlement negotiations without an attorney, the insurance company may attempt to deny your claim or pressure you to accept a lowball offer.
- Protect Your Rights – Your attorney will fight to protect your legal rights and ensure you understand the terms of any settlement agreement.
Schedule a Free Consultation with a Portland Car Accident Attorney
It can be intimidating to navigate the complexities of a car accident settlement in Oregon. An experienced Portland personal injury attorney can handle the insurance companies and paperwork and take the stress off your shoulders.
Let the team with Rizk Law guide you through the process of seeking a fair settlement after a serious car accident. Contact us today for a free initial consultation, and let’s discuss your next steps together.