OREGON ATTORNEYS ARE EAGER TO HELP WITH MANY CASES VALUED UNDER $10,000. (ORS 20.080)

Oregon has a small case law, ORS 20.080, which allows for attorney fees in certain circumstances for claims of $10,000.00 or less.  These cases typically arise in the following scenarios: (Keep in mind every situation is unique so call an Oregon Injury attorney at 503.224.1658 to discuss  your case)

• People are injured in low speed collisions where they suffer soft tissue damage to their neck, back, and shoulders (Commonly these injuries are referred to as either cervical, thoracic, or lumbar strains).  Some of these low speed collisions can cause permanent damage, but more often than not, these soft tissue injuries heal in less than a year. 

• People are injured at a store, in a business, in a home, or on the sidewalk and suffer soft tissue damage to their back and neck, ankle or wrist, or cuts and bruises. These injuries can be caused by items falling off the shelf, slippery substance on the floor, doors closing or opening too fast, or items on the floor that create a tripping hazard. Many of these injuries heal in less than a year. 

• Drivers and Cyclist also suffer property damage of less than $10,000.00 in collisions caused by another or the crash caused diminished value of their automobile. 

• Small cuts, bruises, or scars caused in a collision. These injuries are common for cyclist in low speed crashes that are injured due to the negligence of another.  Many of these cases are
  valued at less than $10,000.00.  

• Disputed liability cases where the case may be valued at more than $10,000.00, but the insurance company is blaming you for causing the incident and refuses to make any offer or reduces the value of the offer based on your negligence. Insurance companies use this tactic very often with crashes involving cyclist. These cases can be difficult to prevail on so it is suggested you contact an Oregon Attorney to discuss these cases.

Most people attempt to resolve these smaller cases themselves and become very frustrated when the wrongdoer’s insurance company offers them a few hundred dollars.  Insurance companies are aware that many people won’t seek  legal representation in their case because the injured person thinks they cannot pay  for an attorney. As a result, they make “low ball” offers to persons in small claims. Insurers will claim they could never offer more than XX amount of dollars for your claim. However, once an Attorney gets involved many times that offer increases.  Oregon law recognizes that this occurs and has a law to protect persons whose claim is valued at less than $10,000.00.  

ORS 20.080, allows for attorney fees in certain circumstances for claims for personal injury of damaged property of $10,000.00 or less.  The way ORS 20.080 usually works is:

1. A written demand letter is typically drafted describing the incident that caused the injuries and the injuries. The demand letter is often sent certified mail to the at-fault party and a copy of that demand letter, with all the supporting documents to date (i.e.your medical bills and records, damaged property estimates, police or accident reports) are sent certified mail to his/her insurance adjuster;
2. You wait to see if they respond with an offer.  If you like the offer, you can take it and if you do, and are represented by an Attorney the Attorney may take their fee (usually 1/3 of what the case settles for).  The wrongdoers’ insurance company’s last offer is important to keep in mind, because if at any time after you file a lawsuit  you are able to obtain more than the insurance companies or wrongdoer’s last offer then your Attorney’s Fees and costs should also be paid by the insurance company or wrongdoer. 
3. If within thirty days you cannot settle the matter, you file a lawsuit against the wrongdoer shortly after the thirtieth day from the date the wrongdoer’s and/or their insurance adjuster received the demand letter. 
4. After the lawsuit is filed you and your attorney give the wrongdoer and their insurance an opportunity to settle for a reasonable amount plus your attorney’s fees and certain costs.  If you cannot agree on a matter, you go forward with court mandated arbitration
5. If the arbitrator awards you more than the wrongdoer’s last offer before you filed the lawsuit, her/his insurance company should have to pay your Attorney their hourly attorney fees and certain case costs, subject to his/her appeal by means of taking your case in front of a jury.
6. If you don’t beat the at-fault party’s pre-filing offer at arbitration, you can either accept the arbitrator’s award, or appeal by taking your case to a jury.  If you beat the pre-filing offer at the Jury trial the court should award attorney fees and costs.  However, if you do not beat the arbitration award or pre-filing offer you may owe the defendants costs and some attorney fees.

 The client benefits from ORS 20.080 because after they file the lawsuit if they beat the pre-filing offer they receive the full award or amount of the offer. Costs and Attorney’s fees are not deducted.  The Attorney benefits because the Attorney can be compensated for their hourly rate that is paid by the wrongdoer’s insurance company.  This hourly rate can result in an Attorney
fee award for a substantial amount of money. This is why Insurance Companies should take these cases seriously.  They can be forced to pay tens of thousands of dollars in Attorney’s fees if they attempt to “low ball” a person with a small case.  However, many insurance adjusters still attempt to offer very little in small cases.

If  you have questions about ORS 20.080 or any injury case or property matter call Portland
Oregon Injury Attorney Jeremiah Ross at 503.224.1658.  Jeremiah Ross and Ross Law are eager to represent people with cases valued at under $10,000.00. Jeremiah Ross can also discuss the demand letter process with you.  However, Jeremiah Ross cannot take every case, so it is best to discuss the matter with Jeremiah Ross.  Please remember this post is for information only and does not constitute legal advice.  The law is constantly changing so it is best you speak with an Oregon injury Attorney, such as Jeremiah Ross, to discuss your case.  This post also does not
create an attorney client relationship. 

THINGS TO KNOW IF INJURED ON A BICYCLE WHILE ON THE SIDEWALK?

Many collisions are caused by cars failing to see a cyclist riding on the sidewalk or in a crosswalk. Insurance companies will often deny a cyclist claim and the cyclist is left with paying their own medical bills and must replace their bicycle.  Portland Injury Attorney Jeremiah Ross has assisted in obtaining compensation for injured cyclist.  However, sometimes the cyclists’ speed on the sidewalk will make their case very difficult to win.  

Contrary to popular belief, “a bicyclist on the sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.” ORS 814.410 As a result, a cyclist can ride on the sidewalk in either direction.  This is understandable considering many streets are congested and do not have a bicycle lane.  Cyclist can easily be intimidated and forced to the sidewalk. 

Insurance companies will often claim simply by riding on the sidewalk the cyclist was negligent. This is not true in most instances.  However, some cities have banned cyclist from the sidewalk, but not many.  For example, in Portland Oregon cyclists are prohibited from riding on the sidewalk in downtown. 

The most common issue that arises when a cyclist is hit on the sidewalk is the cyclist’s speed just prior to the crash.  A cyclist is riding in an unsafe manner if the cyclist, “operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp.  This paragraph does not require reduced speeds for bicycles a places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic. ORS 814.410

To date, there is not any Oregon authority on what an “Ordinary Walk” is. However, in Jones v. Nolan, 197 Wis. 311, 222 N.W. 229, 230 (1928), the Supreme Court of Wisconsin, described a “speed of four to five miles an hour” as “constitut[ing] a speed not much faster than the ordinary
walk of a pedestrian. In McGowan v. Wells, 324 Mo. 652, 666, 24 SW 2d 633, 639 (1929), the
Supreme Court of Missouri stated it “can take judicial notice of the fact that the ordinary walking speed of the average man is 2 to 3 miles per hour, more nearly the latter.”  Id. at 666.  Similarly, in Cohen v. Weinstein, 231 Ill. App. 84, 93 (1923), an appellate court of Illinois, assumed that “an ordinary walk” meant the “at the rate of 2 1/2 miles an hour.”  Finally, in DeMuth v. Curtiss, 188 Va. 249, 253, 49 SE 2d 250 (1948), the Virginia Supreme Court of Appeals described an “ordinary fast walk, [as] about four miles per hour.”  According to these rulings an ordinary walking pace would be approximately 2 to 5 miles per hour. 

This becomes important when the cyclist is being interviewed by a police officer, insurance company, or witness. If the cyclist says they were going faster than five miles per hour they will have a difficult time proving their case against the driver of the car.  Additionally, if the cyclist says they were going faster than a walking pace, this will pose a significant challenge for the cyclist to overcome in order to receive compensation for their injury.   If you were a cyclist riding on the sidewalk and you were injured by a vehicle remember:

1. It is perfectly legal to ride on the
   sidewalk in most cities in Oregon.  
2. It is perfectly legal to ride in
   either direction on the sidewalk in Oregon, however it is not recommended
   in the Oregon DMV handbook.
3. The law requires a cyclist to slow to
   an ordinary walking pace when crossing a driveway or crossing a curb or pedestrian ramp and a motor vehicle is approaching.
4. Some courts have determined an ordinary walking pace to be between 2 and 5 miles per hour.  However, to date, Oregon courts are silent on that issue.
5. If you give a statement stating you were riding at a speed greater than five miles per hour it may be difficult to receive compensation for your injuries.
6. If you give a statement you were riding faster than a walking pace (i.e. jogging pace or running pace.) it may be difficult to receive compensation for your injuries.
7. Without a speedometer it is difficult to judge your actual speed while riding a bicycle.  People walk at different paces, so it is difficult to tell if you were riding at an ordinary walking pace. Also, it is difficult to determine the exact speed in miles per hour.  As a result, if asked how fast you were going, do not guess. If you do not know  your actual speed the truthful response is, “I don’t know.” 
8. Health Insurance or Oregon Auto Insurance, with mandatory Personal Injury Protection benefits, should pay your medical bills irregardless of fault.   

 If you were a cyclist injured by a car while riding on the sidewalk, call Portland Oregon Injury Attorney Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Jeremiah Ross is happy to discuss the merits of your case, your injuries, medical treatment an billing issues with you.  Please remember this post does not create an Attorney Client relationship and is for informational purposes only.  Also, the law is constantly changing please contact an Oregon Personal Injury Attorney, such as Jeremiah Ross, to discuss the current law and how it relates to  your case.    

ICY ROADS, CRASHES, & OTHER MISHAPS.. DO YOU NEED AN ATTORNEY?

The snow storm that crippled Portland Oregon has left thousands of frustrated Oregonians in its wake.  Throughout Oregon numerous car crashes were reported. Icy branches fell on people, cars, and houses, and snow plows buried parked cars.  These snow related mishaps often result in a person being harmed and not knowing what to do.

For example if  your car was damaged while parked along side the road and you suspect a snow plow damaged it, who is responsible?  Do you make an insurance claim?  Do you try and find the at fault party?  Can an Attorney help? How would the Attorney get paid?  

Another example is a person being injured by a falling tree limb or icicle. Who is responsible?  Who will pay medical bills?  Is there insurance available to cover this type of injury?  Does it make sense to get an Attorney involved?

All of these questions can typically be answered by an Oregon Attorney.  Jeremiah Ross at Ross Law LLC is happy to provide free personal injury consultations and can briefly discuss other “snow storm” related issues at little or no charge. Call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658 to discuss your ice and snow related injury or claim.   Please remember this post is for informational purposes only and does not create an Attorney Client relationship. Please consult with an Oregon Attorney and do not solely rely on this post.

INJURED ON ICY SIDEWALK… WHO IS AT FAULT?

Snowlandia 2014 is here and has crippled Portland Oregon.  The streets are covered in ice and snow, and most sidewalks are buried in a thick layer of ice and snow. Here in Portland, we are not accustomed to this type of weather and are often unaware of the dangers associated with snow and ice on the sidewalk.  

Icy sidewalks  in Portland can seriously injure a person when the person falls.  Back, neck, and head injuries are common when a person falls as a result of slipping on an icy sidewalk.  Many falls result in broken bones or severe strains.  Some of these injuries can be severe and result in tens of thousands of dollars in medical bills. (Click on Video below for video of painful icy fall)

Who is at fault for these icy falls?  Here, in Portland and many of the surrounding cities, typically the property owner adjacent to the sidewalk is obligated to clear ice and snow from the sidewalk. (Click here for Portland Oregon Ordinance mandating ice removal)This duty to maintain the sidewalk and keep it free from ice and snow typically arises from a local  ordinance.   Therefore, if you were injured as a result of falling on an icy sidewalk it is typically the property owner who owns the property next to the sidewalk’s responsibility to compensate you for your injury.  

Many people are concerned about filing a claim with their neighbor as they may not want to jeopardize their relationship. However, most home owner’s insurance or commercial insurance will cover this type of incident and compensate an injured person.  Many times, your neighbor has limited involvement in the claims process unless a lawsuit is filed.  

If you were injured on a sidewalk in or around Portland Oregon, call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.  Jeremiah Ross and Ross Law LLC will provide a free personal injury consultation to discuss  your case.  Please remember to consult with an attorney regarding your injury as the law is constantly changing. Also, this post does not create an Attorney Client relationship and is meant for informational purposes only. 

THE BASICS OF PERSONAL INJURY PROTECTION BENEFITS….

Many people that are in car crashes and accidents are reluctant to see a Doctor because they think they cannot afford it. Oregon is unique in that it requires all automobile insurance clauses to have a no fault insurance provision. In Oregon this is called Personal Injury Protection benefits. Most people refer to Personal Injury Protection benefits as PIP. 

What Are PIP Benefits?

Generally speaking, PIP benefits will pay accident related medical expenses, lost wages, and funeral expenses. ORS 742.524

How Much of My Medical Bills Will PIP Pay?

Generally speaking, PIP will pay up to $15,000.00 of reasonable and necessary medical, dental, surgical, and ambulance bills that were in incurred within two years after the accident. ORS 742.524 What this means is that PIP should pay your crash related emergency room bills, chiropractor bills, and other medical bills until you reach the limit of $15,000.00 or you are treating over a year after the crash.  Medical care is very expensive and people are often surprised at how fast $15,000.00 is spent.  You should be aware insurance companies don’t like to pay these bills and there is a process they they can go through to attempt to cut off your medical benefits early.  

How Much of My Lost Wages Will PIP Pay?

Generally speaking, if you are employed and the crash causes you to be out of work for at least 14 days, then PIP will pay 70% of your lost income from work until you can go back to work.  ORS 742.524.  Typically the maximum  lost wages PIP will pay is $3,000.00 per month.   Generally PIP will continue to pay lost wages for 52 total weeks a person is out of work due to  the crash. 

Will PIP Pay Funeral Expenses?

Generally speaking PIP will pay funeral expenses within one year after the date of the crash. ORS 742.524.  The maximum PIP will pay for funeral expenses is typically $5,000.00.  If the unthinkable happens and you are forced to bury a loved one that was killed in a car crash, hit by a car, or injured in a car you should keep these benefits in mind.  

Do All Oregon Insurance Policies have PIP?

Individual policies can vary, but Oregon requires all Oregon “Private Passenger Motor Vehicle” insurance policies to include Personal Injury Protection benefits. ORS 742.520 (1)  

If  you are injured in a car crash in Oregon you should seek medical treatment and use PIP to help  you get through these tough times.  If you have questions about PIP speak with Portland Oregon car accident lawyer Jeremiah Ross at Ross Law LLC. Jeremiah Ross can be reached at 503.224.1658.  He is happy to discuss PIP issues and other insurance issues. Ross Law offers free personal injury consultations.  

Please remember this post is for information only.  The law is always changing, so consult with a lawyer and review the current law.  You should not rely on this post for legal advice.  Please review your insurance policy to determine what benefits you are entitled to.  Insurance policies can vary. 

Also, this post does not create an Attorney Client relationship with yourself and an Attorney at Ross Law LLC.  If  you have any questions about this post or any other post contract Portland Oregon Car Crash Attorney Jeremiah Ross at 503.224.1658.    

DRIVER OPENS DOOR INTO CYCLIST…. WHO IS AT FAULT?

One common area where the rights of Oregon cyclist literally collide with drivers is when a cyclist is “doored” by a driver or passenger of a vehicle that is exiting the vehicle.

“Doored” is a term used to refer to an incident where a cyclist is riding and a person suddenly opens the door of a vehicle directly into the cyclist’s path.  The door instantly is in the cyclist’s path and usually the cyclist is deprived of any ability to slow down, stop, or react.  As a result, the cyclist crashes into the car door. Usually the cyclist is injured, the bicycle’s front wheel and forks are damaged, and the car door is damaged.  The severity of the injury and the damage to the bicycle can vary.

Usually, the driver, or their insurance company, will blame the driver for failing to stop in time.   As a result, many insurance companies give cyclist that have been “doored” low ball offers or deny their claim all together.  However, Oregon law is usually on the cyclist’s side.

ORS 811.490 (1) (a) mandates a person in Oregon cannot open a vehicle door “until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.”  This imposes a duty on the driver to ensure opening the door will not interfere with the movement of traffic, so usually the driver is at fault when a cyclist has been “doored.”

If you are a cyclist or know a person that has been doored on a bicycle and want to discuss your legal remedies, contact Portland Oregon attorney Jeremiah Ross at 503.224.1658.  Jeremiah Ross at Ross Law LLC is happy to provide a free personal injury consultation.  Ross Law LLC also represents many Oregonians in small cases that are valued under $10,000.00, so don’t think your case is too small for an Oregon Attorney to represent you. (see Ross Law LLC Blog”s previous post on ORS 20.080.) 

Please remember this post does not create an Attorney client relationship.  Also, this post does not constitute legal advice and is for informational purposes only.  Your situation is unique and you should consult with an Oregon Personal Injury Attorney (call503.224.1658) to determine your rights and remedies under Oregon Law.   

CRASH CAUSED BY DRIVING THE SPEED LIMIT ON ICY ROADS…..

Winter is here and  so are the freezing temperatures.  Even when there has not been any recent rain roads can become slippery.  Frost and Frozen Fog can accumulate on the roads in clear conditions causing the road to become very slippery.  Many bridges are susceptible to freezing and recently the upper deck of the Fremont Bridge was closed due to the frost and ice that had accumulated on it. 

Everyone is aware that icy roads contribute to crashes, yet here in Oregon we often see cars failing to slow down in these icy conditions.  People often disregard the basic speed law which mandates drivers take into account the weather conditions and “any other conditions then existing.” ORS 811.100   As a result, in icy conditions, a person can be found  at fault in a car accident even if they are driving the speed limit. 

These car crashes can often result in serious injuries or death because many of the crashes occur on Oregon’s highways and freeways at high speeds.  However, many rear end crashes that cause soft tissue and whiplash type injuries can also be caused by icy conditions.  

If you have been injured in a car accident please an Oregon Personal Injury Attorney.  Jeremiah Ross and Ross Law LLC would be happy to discuss your Oregon personal injury case with you.  Call Ross Law LLC today for your free personal injury consultation.  Please remember that this post does not constitute legal advice as laws and rules are constantly changing.  Please consult with an Oregon Personal Injury Attorney as the specifics of  your case may vary from this post. 

HALLOWEEN IS A SCARY TIME TO BE A PEDESTRIAN….

As I was riding my bike to work this morning, I saw a little girl dart across the street to examine the Ghost made from a sheet hanging from a large oak tree.  It was a quick reminder of how dangerous Halloween can be.  Halloween is an extraordinarily dangerous time: DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of Children are everywhere and are not paying attention to their  surroundings. The totality of these circumstances combine make for a very dangerous situation.  Many people are aware of the obvious dangers of Halloween, but there are some hidden dangers that parents should be aware of.

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, it is well known that the child should be able to see out of the mask they are wearing, but mask wearing parents need to also remember this.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house. 

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with small pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step. 

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A recent tragic example illustrates the dangers of playing near the street. Two children  were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son is too young to understand the dangers posed by cars, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood, because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you  believe you were injured by the negligence of another call Ross Law LLC and Jeremiah Ross at 503.224.1658 for your freepersonal injury consultation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney client relationship.