A dangerous day for driving ,SNOW and the Superbowl:

It is Superbowl Sunday and the National Weather Service is also predicting snow yet again in Portland, Oregon.  As the Oregonian has previously reported, the Superbowl is historically a dangerous day for people to be on the road, because of all of the DUII Drivers.   Portland drivers have shown over the past few weeks that we have issues with driving in the snow.  In short, this is a terrible day to drive.  

If you need information about what to do if you were in a car crash due to snow click here.

If you were involved in a crash with a suspected DUII driver click here.

If you have questions about additional compensation, because you were hit by a DUII driver click here.  You may be entitled to punitive damages, criminal restitution, and increased damages if your case is taken to trial.  and there may be more people responsible for causing the crash than just the bad driver.  For more information click here.

If you want to speak with a lawyer rather than reading call me at 503.224.1658 for your free car crash personal injury case evaluation.  Feel free to call Ross Law and Jeremiah Ross at 503.224.1658.  

Please remember this post is for informational purposes only and the law is constantly changing.   Please call a lawyer before relying on this post. 

The Dreaded Arbitration Clause- A Brief Explanation

Many of my consumer cases hinge on the dreaded arbitration clause.  Businesses often bury arbitration clauses in fine print, in difficult to understand language, and the business rarely advises a person they can opt out of the arbitration clause.   With that said,  you are probably wondering, what is the big deal with arbitration clauses?   

The big deal:  Arbitration Clauses strip you of your right to a jury of your peers.  Here in Oregon the vast majority of arbitrators are white males who have been practicing law for decades and decades.  Many of the arbitrators do their best to see things from both sides, but they typically are pretty hard on consumers that have signed things like "As-Is" disclosures or other agreements.  They do this because they are seeing things through the eyes of a lawyer and not a typical consumer who might be on the Jury.   Consumers see things from a real world perspective and understand why a consumer may act in a particular manner.  

Another big issue is cost, many times the consumer has to pay the arbitrator thousands of dollars to hear the case.   It doesn't make sense for a consumer to pay the arbitrator $3,000.00 to preside over a dispute over $5,000.00.  Additionally, Arbitration Clauses are often coupled with Attorney Fee clauses that could make the consumer liable for the businesses attorney fees if they lose.  This can be tens of thousands of dollars. 

Consumers are also crippled by arbitration rules of procedure.  Many arbitration services tout themselves as efficient.  What this means is the rules make it difficult for the parties to gather information from each other and third parties.  This typically always hurts the consumer, because the business has all of the records regarding the product and the sale.   In a products liability case or Nursing Home case that requires arbitration the injured person will have little documentary evidence, but the Nursing Home or product manufacturer will likely have documents that support the injured persons case.   

What to do:  First try and locate the arbitration clause.  This could turn into a full time job for some folks, because many expensive products and credit cards usually are accompanied by a arbitration clause. Sometimes they are buried in the Warranty paperwork or Instructions.  If possible opt out of the arbitration clause.  Also, you can draw a line through an arbitration clause.  Most businesses don't know what to do if that is the case.  If it is an on-line agreement your options are limited, but they may be there. 

If you want more information and a recent example, check out CBS's story on Arbitration Clauses and how Samsung is using it to deprive an injured person of compensation for injuries Samsung caused. 

If you have any questions about an arbitration clause call me at 503.224.1658 to discuss your options.  Please remember Ross Law's post is not legal advice and is for informational purposes only.   Also, remember the law is always changing so who knows if Arbitration clauses may be in vogue in the future. 

What is Your Car Crash Case Worth?

One of the most common questions I receive in a personal injury intake is, "How much is my case worth?"  That is not an easy question to answer and people should be leery of lawyers that automatically spit out a number without reviewing medical records, bills, and other information.  That is because there are various variables that we examine to assign a value to a personal injury car crash case.   More importantly that is the value we assign the case.  The insurance company also assigns a value to the case.  That number is usually lower than the injured person's lawyer's number.  At the end of the day only a Jury truly knows how much a particular case is worth, but most cases settle prior to trial.  

With that said, I have listed a few of  variables that lawyers use to put a value on the case below.   The list is not exhaustive, and it is in no particular order.  However, it should provide you with a general understanding of how a personal injury lawyer and an insurance company assign a value to a car crash personal injury case.  

 1) The Type of Car Crash injuries:  Broken bones are typically worth more than soft tissue (whiplash) injuries.  However that is not always the case.  For example, a herniated disc injury will likely be worth more than a fractured pinkie toe.  Injuries that cause scars or disfigurement are typically worth more than an internal injury.     

2)The permanency of the injury:  The longer the person suffers crash related physical impairments that effect their life, the more their case is worth.  Insurance companies know this and that is why they will often offer a paltry amount of money very early to settle the case.   If you settle the case before you know if the injury is permanent you will likely be leaving money on the table. People wonder how do you know if your injury is permanent?  Medical providers will typically tell a person and provide that evidence in a medical chart note.

Typically, the more time a person suffers from an injury, the more their case is worth.

3) The Medical Treatment Sought:  Personal injury cases rely heavily on medical evidence.   Medical providers provide the necessary diagnosis, treatment, and documentation to prove to a jury (and the bad driver's insurance adjuster) that you are injured and the types of injury you sustained.  Clients who seek medical treatment and follow their treatment providers' directives will often increase the value of the case.  However, it should be noted just because you see a doctor, doesn't mean you will increase the value of the case.  A chart note can also lower the value of the case if you claim an injury and the medical evidence does not support your injury claim.   Moreover, a hundred trips to an acupuncturist may not increase the value of your case if you never saw a medical doctor.

4) Medical bills incurred:   The urban legend that a case is worth three times the medical bills is just wrong.  Some cases end up that way, but many don't.  For example a person that quickly heals 100% after having a costly surgery may not recover as much as a person that doesn't have surgery for the same injury but suffers from well documented permanent injuries.  Additionally, some serious injuries don't have a lot of medical bills.  An amputated thumb may not have many medical bills. However, that is a potentially debilitating injury that will likely effect virtually everything the person does for the rest of their life.  The medical bills in that case are not an important variable, but they are still a variable.

5) Crash Damage:  Typically the more crash damage there is, the more a person's case is worth.  Minor impact cases with little visible vehicle damage can result in severe soft tissue (whiplash) type injuries, but typically jurors need to be convinced of that. On the other hand, jurors will usually infer from the beginning that a person had to have been injured in a high speed crash that totals the vehicles involved.    

6) The Client:   An honest client's case is worth more than a person who exaggerates their pain and injuries.  A tough client's case is usually worth more than a whiner's case.  An organized client that attends medical appointments and follows their medical providers's directives' case is usually worth more than the know it all client that tells everyone they are injured but doesn't seek treatment or follow up with medical providers.  Clients and the way they present themselves can dramatically increase or decrease the value of their case.   

7) The Bad Driving Defendant:  In almost all of my personal injury cases the defendant is insured.  The defendant's insurance company is the entity that will decide if they will make a fair offer or force us to seek an award from a Jury.   However, in Oregon jurors are not informed that it is the billion dollar insurance company that is refusing to make a fair settlement offer.  The Juror sees the little old lady that ran the red light that is the named defendant and may feel sympathy for her.  They may not want to award you any money to compensate you for your injury, because that may put the elderly lady on the street.   On the other hand a corporate defendant that has a bad safety record will likely increase the value of the injured person's case because jurors have little sympathy for a large corporation and they know the corporation has money to pay the judgment.

8) Comparative Fault and Other Defenses:  The value of the case can be reduced if the defendant has a good defense.  If the defense can show you caused the crash then your case value may go down or your case may not have any value at all.   If the defense can interject uncertainty and other legal issues to the case then that will bring down the value of your case.

9) Pre-Existing Conditions:  Pre-existing conditions are the most litigated issues in personal injury cases.  As we age our bodies deteriorate.  Insurance company defense lawyers capitalize on this medical fact and attempt to assert that the crash didn't injure you, and the pain is caused by a pre-existing medical condition.  If a person has sought treatment prior to the crash for a medical condition that they are claiming was caused by the crash that can reduce the value of the case. 

10)  Lawyers Involved:  Many people settle their cases with the insurance company without a lawyer.  This is largely because they don't want to get a lawyer involved or they don't want to have a lawyer take a percentage of any money they are awarded.   However, this is typically a big mistake.  Most of the time people that resolve their own cases are leaving money on the table.  Lawyers know how to get insurance companies to increase the value of the case and if not, then we take the case to trial or arbitration.  Insurance companies know that, so they usually will increase the value of the case if a lawyer is involved.   If you think your case is too small for a lawyer to handle, you should read this blog article.  

The list above is not exhaustive, and if you have any questions call me for your free personal injury case evaluation.  Call Ross Law at 503.224.1658 and ask for Jeremiah Ross.  Please remember that there are numerous variables that go into the case and do not rely solely on the list above.     

Ross Law and Jeremiah Ross Support the Surfrider Foundation and So Should You

The Surfrider Foundation is a fantastic organization that strives to protect water quality and local access to our beaches. I have been a member of the foundation for years.  I spent a summer working with the members of Surfrider in Washington State and worked with Coastkeeper and Surfrider while attending law school in San Diego.  Now, my practice is focused on representing personal injury clients and consumers.  However, I offer financial support to Surfrider and am looking to get more involved with the local chapter.  If you believe in clean water and coastal access, you should do the same. 

ROSS LAW and Surfrider Foundation are not affiliated in anyway.  Jeremiah Ross is a member and provides  financial support, and are not currently representing the Surfrider Foundation in any legal issues.   This post is not intended to be construed as Ross Law and Surfrider Foundation having a formal relationship with Ross Law or Ross Law providing legal services to Surfrider Foundation.

Shovel That Snow and Chip the Ice off the Sidewalk or You May Be Responsible for Fall Injuries

I had previously written an article about property owner's responsibilities in clearing ice and snow from the sidewalk.  Recently the Oregonian wrote a similar article and made a great video about the obligations of property owners to shovel snow and ice off of their sidewalks. 

“Portland: Doesn’t put a specific time requirement for owners — or occupants, such as tenants — to remove snow or other slip-and-fall hazards during other times of the year, such as leaves. But the city transportation bureau’s website urges property owners and occupants to do it “as soon as possible.”
Hillsboro: Requires property owners to remove snow and ice — or take other safety measures, such as sprinkling sand — within eight daylight hours after a storm covers the sidewalks next to their homes or businesses.
Beaverton: Requires property owners to remove snow and ice within four daylight hours of when it has fallen or formed.
Vancouver: Requires property owners and renters to clear sidewalks of snow and volcanic ash — perhaps in recognition of the 1980 eruption of Mount St. Helens.
Lake Oswego: Property owners must remove snow or ice within four daylight hours if it accumulates at night and within two daylight hours if it accumulates during the day.
Tualatin: Has one of the toughest codes around. Snow must be removed within two daylight hours of it falling, and ice must be removed withint two daylight hours of it forming “unless the ice is covered with sand, ashes or other suitable material.”
Oregon City: Says property owners and occupants are responsible for keeping the sidewalks next to them in good condition, and they are liable if someone is hurt.”

— Oregonlive.com

It is clear that property owners must keep their sidewalks and walkways safe.  If you or someone you know were injured on an icy sidewalk call me, a Portland Personal Injury Attorney, at 503.224.1658 for your free personal injury consultation.   Please remember the law is constantly changing, so please consult with a lawyer and do not rely solely on this post.  Ross Law LLC and Jeremiah Ross arehappy to discuss the law with you.  

Dealing with an Injury from an Ice Cycle and Falling Snow..

Portland Oregon's recent snow and ice is beginning to thaw.  As it does, snow and ice will begin falling from roofs, gutters, and awnings.  Falling snow and ice can be hazardous to pedestrians walking below.  Many people will not be seriously injured, but some people may be seriously injured.   Ice and snow falling on a person may cause head injuries and lacerations.  Insurance companies will often deny any person who claims to have been injured by falling snow and ice.   

What should you do if you, or someone you know, is injured by falling ice or snow:

1. If seriously injured, immediately seek medical attention and/or call 911;
2. If you are injured, or tending to the injured person, delegate someone to take photos and get information for you;
3. Photograph the scene of the incident and any injuries;
4. Try and get names and phone numbers of witnesses (ask them to send a text to your phone is the easiest way to do it);
5. Try and obtain the address of the property where the ice or snow fell from;
6. Have another person notify the property owner of the incident;
7. Take photos of the ice or snow.  Use a finger or hand next to the ice or snow to provide some scale.
8. Keep track of the medical bills
9. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.  An attorney is useful because they can notify the property owner, investigate the claim, and deal with the insurance company.  I don't charge for a consultation and work on a contingency fee in personal injury cases, so you don't have to pay for representation.

PLEASE CALL AN ATTORNEY AT 503.224.1658 IF YOU HAVE QUESTIONS!  I am happy to provide free personal injury consultations.  Please remember: THIS POST IS NOT INTENDED TO BE "LEGAL ADVICE" and may be considered "Attorney Advertising."  The law is constantly changing, so it is best to call a lawyer and not rely on this post to determine if you have a personal injury case. 

Did your vehicle get crashed in the snow and ice storm? You Need to Know About Diminished Value..

The snow has been with us for a week now.  Roads are still littered with abandoned crashed vehicles.  Many of these vehicles appear to have minimal damage, but are stuck in deep snow and are difficult to get to.   Once the snow and ice melts these vehicles are going to flood local body shops.   Insurance companies are also going to be swamped with claims.   Many people will make only property damage claims.  If so, they may be leaving money on the table if they do not make a Diminished Value claim.    Below are some things you should know about Diminished value claims.

What is a Diminished Value Claim?  Diminished Value claims arise after a vehicle has been damaged by the negligence of another (usually a bad driver.)  The claim arises from the fact that a vehicle that has been in a crash is now worth less than a vehicle that has not been in a crash.   The diminished value is the difference between what the vehicle was worth before the crash and what the vehicle is worth now.

How Much Can I Get On A Diminished Value Claim?  The amount varies.   To determine the amount of the claim an expert will look at how much the car is worth immediately after the crash compared to how much it was worth immediately before the crash.   For example, a 2 day Bentley that was in a crash may be worth $120,000.00 before the crash and now it is only worth $80,000.00 after it has been repaired.  The diminished value claim would be $40,000.00.  However, things change if you change the type and the age of the vehicle.  Now picture a 1999 Ford F-150 that is barely running before the crash.   The truck maybe worth $1500.00 on a good day.  The truck is in a crash and professionally repaired, now it probably is worth roughly the same because it did not have much value to diminish in the first place.  

What Variables Affect The Amount I can Get From A Diminished Value Claim?  Each claim is unique, but usually vehicle make, model, year are important.  Also, the damage to the vehicle is important.  Whether or not OEM (Factory) parts were used is a variable that can be taken into account.  

How Is The Diminished Value Determined?  Experts are usually people that have worked in the automotive repair industry for years render an opinion regarding the diminished value.   They are usually paid a fee for their work and can provide you a report regarding their findings and the amount of the diminished value. Some Portland Oregon Body shops will offer to render a Diminished Value Opinion for a fee.

Who Do I Make A Diminished Value Claim To?    If you handle the claim yourself you should make the claim to the Insurer of the bad driver that damaged your car.  

The Insurance Company Says They Don't Recognize Diminished Value Claims?  I have heard from clients that attempted to make a diminished value claim that the bad driver's insurance company claims they don't recognize Diminished Value Claims.  That may be the case, but Oregon Law recognizes these as valid legal claims.  What this means is if the insurance company claims they are not going to pay out because they have a policy of not honoring diminished value claims you can file a lawsuit seeking damages for the diminished value.  You may also have a claim against the insurer that the Insurance Commissioner would be interested in investigating.  If you are making a claim against your own policy (uninsured motorist (think hit and run) or under-insured motorist) for diminished value then look at your insurance policy to determine if the policy covers diminished value.

My Diminished Value Claim Is Not Worth Much, Should I Pursue It?  It depends.  Some claims for diminished value may only be a couple of thousand dollars.  Usually these small claims are not filed because people believe the case is too small for an attorney to take.  However, Oregon has laws that enable attorney's to get paid on small cases under $10,000.00.   I have written a blog article on ORS 20.080 and if you have a small Diminished Value Case you should read the article and call me at 503.224.1658 if needed.

Snowpocalypse Part III.... What You Should Know if You Are in a Crash on a Snowy Road

Portland is currently being slammed by its third winter storm of the season.  Snow, Freezing Rain ,and bitter cold temperature are turning Portland into a winter wonderland.  However, the winter wonderland is a dangerous place to drive.   Portland Hospitals reported an increase in admissions from crash related injuries during the last snow storm, and this event will likely produce similar results.   Hopefully, less people will be injured because less people will be on the road.   However, there will be crashes in this storm.  People drive too fast, wait too long before braking, and follow too closely.  The unfortunate reality is crashes will occur.

Here are some things you should know if you are one of the many people that are injured in a crash related to the snow storm. 

1. At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
2. Seek Medical Care:  Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP.  Here is a link to the form:  DMV Accident Form.
4. If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days.  I advise reporting the matter to law enforcement as soon as possible.  This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.
5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. 

Please be safe out there.  The roads are still treacherous and there is more snow and ice on the way.   Please do not hesitate to call if you have any questions.  Please remember this blog and web-site may be considered attorney advertisement.