Learn if your doctor has had any discipline problems:
- Oregon Board of Medical Practice:

http://www.bme.state.or.us/search.html

Questionable Doctors Online (Subscription required):
http://www.questionabledoctors.org/

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Frequently Asked Questions (FAQ)
 

DO I NEED A LAWYER?
HOW MUCH WILL IT COST TO HIRE A LAWYER?
WHO PAYS MY BILLS?
WHAT ABOUT ACCIDENTS THAT DO NOT INVOLVE AUTOMOBILES?
WHAT IF I AM INJURED ON THE JOB?
THE VALUE OF YOUR CLAIM
THE OTHER DRIVER HAD NO INSURANCE AT ALL. NOW WHAT?
THIS WAS A BICYCLE ACCIDENT, AND I HAVE NO HEALTH INSURANCE. NOW WHAT?

DO I NEED A LAWYER?

Whether you need a lawyer after an injury will depend upon the specific facts of the accident. You should always consider calling a lawyer after a severe accident that was caused by someone else's negligence. Such accidents usually have many legal and insurance problems. If those problems are not handled promptly, they can seriously affect your rights and the potential for recovering full and fair compensation.

An experienced lawyer will usually have an investigator interview witnesses, take photographs and do whatever is necessary to find out the cause of the accident. Identifying and promptly interviewing witnesses is very important.

When injuries from an accident are so disabling that a person's daily activities are affected, a lawyer can make sure all insurance benefits are being paid and will continue to be paid. A lawyer will also advise the insurance company in writing, about the full extent and nature of the injuries and other damages.

Accidents resulting in serious personal injuries can also have an emotionally distressing effect. An experienced personal injury lawyer and his/her staff can help answer questions, make the decisions easier to determine and be a strong advocate for the injured victim and his/her family.

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HOW MUCH WILL IT COST TO HIRE A LAWYER?

At the office of Phillip M. Williams, a person who is injured in an accident does not pay attorney fees until the case is resolved and the monetary compensation is collected. If no money is ever recovered on behalf of the client, he/she does not pay a fee. This is called a "contingent fee agreement." The fee is contingent upon the case being won and money recovered.

Usually the agreement calls for the lawyer to receive a percentage of the amount recovered for the client. The lawyer typically agrees to pay all costs from the beginning of the case until it is resolved. The costs include filing fees, investigator's bills, doctor's reports, etc.

Our lawyers do not expect to be paid until the case is over. All fee arrangements are in writing so you know what to expect.

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WHO PAYS MY BILLS?

Automobile injury claims are different from other types of claims in Oregon and most other states. In automobile accident cases there are two possible types of claims:

1) No-Fault Claims A no-fault claim is made to your own insurance company or the insurance company that insured the car in which you were riding. A no-fault provision of your insurance policy will cover medical expenses, wage loss, replacement services and other benefits up to the policy limits. You should call your insurance company promptly to report the accident and any claim. The company will send you an application for benefits form to get the claims process started.

The insurance company will verify your expenses before they will be paid or reimbursed to you. This means before you are paid, the company will need copies of your bills, medical records, doctors' disability statement and wage loss verification from your employer.

2) Fault or Liability Claim If another person is as much or more at fault than you, for causing the collision, you may have a right to compensation for your injuries including pain, suffering and mental distress from the person at fault and their insurance companies.

In addition to proving the other party or parties were at fault, you. must be able to prove that your injuries meet a legal requirement called a "threshold". This threshold must be met in order to bring a liability or fault claim which entitles you to go to court if the case cannot be settled out of court by agreement of all concerned.

Under Oregon law your injury must involve at least one of three threshold requirements:

1. A permanent lasting injury
2. A permanent disfigurement, such as a scar
3. Medical expenses in excess of $4,000

If your case does not involve at least one of these threshold requirements, you cannot bring a claim for compensation for the pain, suffering and emotional distress caused by your injuries.

This means you will be limited to the no-fault benefits, which essentially cover your actual expenses only.

It is very important to see a doctor promptly, if you are injured. This will document your injuries in a medical record.

If you feel you possibly meet a threshold requirement and some other person is at fault, you should contact an experienced personal injury lawyer to discuss your case.

Property damage from automobile accidents is generally covered under the fault or liability system. This means the insurance company, of the driver who was at fault, is responsible for paying the fair market value of the car if it is beyond repair or the reasonable cost to repair it.

If there is a dispute as to who caused the accident and you were partly at fault, your recovery will be reduced by the percentage that you are at fault. The other person must be determined to be at fault, at a level at least equal to yours or greater, for you to get any money for the damage of your car.

It is quicker and easier to claim property damage reimbursement under the collision coverage of your own insurance policy. Your insurance company will then try to collect from the other insurance company. This means you won't have to worry about anything but paying the deductible amount under your own insurance policy.

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WHAT ABOUT ACCIDENTS THAT DO NOT INVOLVE AUTOMOBILES?

In accidents not involving automobiles, you do not have to meet a threshold requirement. You still need to prove that someone was at fault and that his/her fault was equal to or greater than your fault in causing the injury.

Generally the cost of bringing such a claim through an attorney requires that there is some permanent injury, disfigurement or death to justify the cost of experts, investigation, and preparation of the case.

If you have questions about filing any type of injury claim, please call us for a free consultation to discuss the case in detail.

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WHAT IF I AM INJURED ON THE JOB?

If you were injured, while working, you are probably entitled to workers’ compensation benefits.  Oregon workers’ compensation laws provide many different kinds of benefits. 

The most common benefits include payment of all medical bills, and payment of wage loss.  Additionally, you may be entitled to a lump sum payment for permanent partial disability, and in certain situations, vocational retraining could be available.

If you are injured at work, you should immediately advise your supervisor of the incident so that a form 801 can be completed.  If your supervisor does not cooperate, this form can be obtained from the Oregon Department of Business and Consumer Affairs.  Importantly, where there is a distinct event of injury, this form must be filed within 90 days.

If you have questions as to what benefits you may be entitled, or if you feel your employer is not responding in a fair and timely manner, you should contact a lawyer who is familiar with Oregon Workers’ Compensation laws.

Sometimes, in addition to workers' compensation benefits, an employee injured on the job may be entitled to bring a third party liability claim. This means you may be able to sue the person who caused your injuries -- if that person is not employed by your employer.

A third party liability claim provides the injured worker with an opportunity to be compensated for damages not covered by workers' compensation. For instance, past and future pain and suffering.

The most common situations where third party liability claims may be pursued include:

1. Car accidents that occur while the employee is working within the course and scope of his/her employment;
2. An injury that occurs while an employee is working on a project where a worker employed by another company causes the injury;
3. An injury caused by some kind of defective product.

These are the most common situations where the potential for a third party claim exists. There also are others. An experienced personal injury lawyer will be able to assist you in determining whether you have a possible third party liability claim. This could provide you with more benefits than the usual workers' compensation claim.

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THE VALUE OF YOUR CLAIM

If you have been injured in an accident caused by another person, you have certain rights under the law.

Frequently insurance companies are eager to settle your claim by offering to pay for the property damage to your car, your lost earnings or your medical expenses.

What many insurance companies don't tell you is that you may also be entitled to damages for disability, disfigurement, pain and suffering caused by the accident.

If your injuries are permanent, you may be entitled to damages for medical expenses, lost earnings, disability, disfigurement and pain and suffering which will continue in the future -- perhaps for the rest of your life.

Before you settle your claim talk to a lawyer who is experienced in this field and knows how to evaluate claims of this kind. This will assure that you are receiving fair compensation for all damages suffered.

If your injury is a serious one, you should have your case reviewed so your claim is being fairly evaluated for past and future damages.

If the insurance company is not offering fair reimbursement for all of the damages you have suffered, you are entitled to a trial where your case can be presented to an impartial judge, jury or arbitrator who will decide the real value of your claim.

Since most cases in Oregon must be brought within deadlines that vary from 1 - 6 years, you should not delay in seeking legal advice from an experienced lawyer.

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THE OTHER DRIVER HAD NO INSURANCE AT ALL. NOW WHAT?

Every private auto, truck or motorcycle insured with an Oregon policy automatically has at least the state-required minimum of uninsured motorist ("UM") coverage, and sometimes has underinsured ("UIM") coverage as well. UM coverage is very broad. For example, UM usually even covers relatives living in your home who might be injured away from your car, such as while a passenger in an uninsured car. There are TWO IMPORTANT REASONS to hire a LAWYER if you have a UM or UIM case: First, Oregon UM law is very complex and constantly changing. Second -- and more importantly -- when you make an uninsured or underinsured motorist claim, your OWN company becomes your enemy, just as if they were the opposing insurer! Your own vehicle insurer's very role in UM cases is to "stand in the shoes of the uninsured motorist," and THAT means they will haggle and fight with YOU, over whatever aspect of your case they can pick at. To pull all this off, these insurance companies have billions of dollars and small armies of adjusters and lawyers. That's why YOU need an experienced personal injury lawyer in your corner.

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THIS WAS A BICYCLE ACCIDENT, AND I HAVE NO HEALTH INSURANCE. NOW WHAT?

Bicyclists are treated the same as pedestrians, in most respects, under Oregon injury law. For your medical bills, this means that YOUR OWN health insurance is primary, or first in line to pay. If you had no health insurance, then next in line to pay is your OWN Oregon auto insurance policy, under the "PIP" provisions, which are mandatory in Oregon, and optional in Washington. Your PIP will pay up to $15,000 in reasonable, necessary medical expenses for up to one year. If you have no auto, but you are NAMED as an insured on someone ELSE'S policy, or even if you just LIVE with a relative who has PIP coverage on an auto, you're still entitled to claim PIP benefits!

If you had NO auto PIP coverage from any resource, and no health insurance, then you can still have automatic, no-fault medical coverage under the OTHER DRIVER'S PIP policy. The danger there, however, is that you may have to talk to the opposing insurer in order to get their PIP to pay your bills, and it's always unwise to give any statement to the opposing carrier without a lawyer.

In sum, there may be solutions like this that you're just not aware of. This is also another reason to talk to a lawyer any time you're in a wreck; especially if you were a pedestrian or bicyclist. Many insurance people don't even understand how this all works, and it is a bit complicated.

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Recent Oregon Court Decisions

coming soon