Ten Things You Should Know About Attorney Fees In Oregon:

As a Portland Oregon attorney, people often call me to ask how much it will cost for my firm to represent them.  This is a pretty good question and I am surprised that everyone doesn't ask it right away.  This is because attorney fees and costs in Oregon can vary dramatically from lawyer to lawyer.  Some large firms charge substantial hourly rates, while other firms can charge half that to perform the same task.  Legal Consumers should educate themselves before meeting with an attorney.   The list below should provide you with helpful information to educate yourself before hiring an attorney:

1:What Is The Difference Between a "Fixed Fee," "Hourly Fees", and a "Contingency Fee?"  

Fixed fees are fees that are paid to the lawyer to perform a specific task to represent you for a certain amount of time.  Many criminal lawyers charge a fixed fee.   For example, a lawyer that charges $1,500.00 to take DUII case up to trial would be charging a Fixed Fee.  The lawyer then may charge an additional fixed trial fee to represent the DUII client in the trial.  These fees are "earned upon receipt" and you would pay $1,500.00 for the lawyer to represent you and nothing more.   

An Hourly Rate is very common.  Many lawyers that represent business clients or persons with family law matters will often charge an hourly fee.  For example, the lawyer may spend three hours drafting a letter for you and charges $200.00 an hour.  You would pay the lawyer $600.00 for the service.  Most hourly rate attorneys will require a retainer.

A Contingency Fee is very common in Personal Injury cases.  With a contingency fee, the lawyer will not receive a payment unless the client collects money from the other side.    I represent people on a contingency fee in Personal  Injury cases and Crime Victim cases.   I also typically represent people who get ripped off by car dealers on a contingency basis.   Usually the attorney will get a percentage of the amount received by the other side. For example, if you received $100,000.00 from the other side before we filed a lawsuit I might receive a fee of 33% ($33,000.00) out of that $100,000.  I have a different model with the auto fraud cases.  

2:  Why is The Contingency Fee In Oregon Usually 33%?  There is not a specific reason for this.  However, the attorney is engaging in a risky en-devour.  The attorney in a contingency case is fronting their time and usually their money with the hopes they win and collect from the other side.  If the attorney loses your case the attorney will lose all the time and effort they put into the case.  The attorney or their law firm may also lose the thousands of dollars in costs that were paid on your behalf.  Also, the fee percentage may increase, because the risk of losing the case may increase.  

3:  What are "Costs" and Who Pays Them?  Costs are in addition to the attorney fee.   Costs are amounts that are paid to others to prosecute your case.  For example, if the attorney has to take depositions and have the depositions transcribed someone must pay the court reporter to do this.   Many attorneys have their clients pay costs, and demand a "retainer" (see below) to draw from.  In Personal Injury cases and Crime Victim cases my firm usually will front costs.  What this means is that I hope we win and then my firm will be reimbursed the costs out of any settlement or award.   In other words, the client does not have to pay anything for representation until after the trial in a personal injury or crime victim case unless we win.

4:  What is a Retainer?  A retainer is a lump sum the lawyer requires to draw funds out of.  Think of it as setting up a bank account with the lawyer.  Most hourly lawyers want a retainer, and some contingent fee attorneys want a retainer to pay costs.   They will bill a certain amount of hours and then send you an accounting at the end of the month.   For example, an attorney is representing you in a business dispute.  The attorney requests a $3,500.00 retainer.  The attorney charges $300.00 an hour and spent 10 hours on the case.  The attorney will be paid $3,000.00 out of the retainer.   The attorney also paid the court $500.00 to file the lawsuit.  As a result, the $3,500.00 retainer is gone.  Most likely the attorney will ask you to replenish the retainer and deposit another $3,500.00.  

5:  What Percentage Do Oregon Attorneys Typically Charge for a Contingency Fee?   Typically in personal injury cases and crime victim cases attorneys will charge 33% of the amount recovered.  However, most attorneys will increase the percentage charged as the case progresses.  For example, the attorney may charge 33% of any amount recovered before a lawsuit is filed.  The fee might jump up to 40% after a lawsuit is filed.  This is due to the fact a lot more work needs to be done after a lawsuit is filed.   

6:  I Don't Have Money To Pay An Attorney, Can I Still Get an Oregon Attorney?  That is a difficult question to answer, because it depends on the type of case you have.   If you have a personal injury case or a crime victim, then you probably can get an attorney even if you can't afford it.  This is because those cases are taken on a contingency.  Also, in Oregon a criminal defendant that does not have money for a lawyer may have the Judge appoint a lawyer for them.  However, if you have a family law case then you may not be able to obtain free representation.   Some organizations provide representation to people that cannot afford a lawyer.  Call me  at 503.224.1658 if you have an Oregon personal injury case, or you are a crime victim, or have an auto dealership fraud case. If you have another type of case you may want to call the Oregon State Bar Lawyer Referral Service at 800-452-7636. 

7: Do Attorneys Negotiate Attorney Fees? Some people try and negotiate the attorney fee with the attorney.  For example, they may want an attorney to represent them in a personal injury case, but will not agree to pay a contingency of more than 25% of the amount recovered.  Most attorneys do not typically negotiate their attorney fee, but there are always exceptions.  

8:  How Will I Know if the Attorney is Charging a Contingency Fee?  The attorney must disclose what type of fee they are charging in a written fee agreement in Oregon.  In fact there is a law regarding what an attorney must do when entering in a contingency fee agreement.  (See ORS 20.340)  You should read the agreement carefully, it should be easy to read, the attorney should also explain it,  and you should ask questions.  

9:  Can I Back Out of An Attorney Fee Agreement After I Signed It?  Typically yes.  In fact, if you signed a personal injury contingency fee agreement you have the legal right to rescind the agreement within 24 hours after signing it. (see ORS 20.340) If you back out of a personal injury contingency fee it is important to remember to notify the lawyer in writing.  However, in other cases the attorney may still charge you for any work performed even if you back out.

10:  Will I Recover My Attorney Fees If I Win?  It depends.  Typically in Oregon the loser will have to reimburse you for your allowable costs.  However, unless their is a right to collect attorney fees under a law, a contract, or some other agreement you  will  usually not be able to recover your attorney fees from the other side.  Call me at 503.224.1658 to discuss what types of cases typically allow for recovery of attorney fees.   

 If you or someone you know has needs an Oregon Lawyer please contact attorney Jeremiah Ross at 503.224.1658.  If Ross Law cannot assist you they will do their best to finds someone that can assist you or try and point you in the right direction.  

Please Read This Disclaimer!  Please remember that this information is not to be considered "legal advice" and you should always check with an attorney or the Oregon State Bar regarding the issues brought up in this post.  The law is always changing, so some things in this post may be out-dated.  Also, this post is intended for people who are seeking Oregon Attorneys.  Lastly this post, rosslawpdx.com, and this blog may be considered ATTORNEY ADVERTISING.  

What is the Difference Between a Civil Case and a Criminal Case?-15 Things Oregon Crime Victims Should Know

As a former prosecutor I rejected or "no complainted" various criminal cases.   Many of these cases lacked evidence to prove beyond a reasonable doubt that the suspect had committed a a crime.   Sometimes these were big cases that involved sexual assault, rape, assault, battery, or wrongful death caused by a negligent or DUII driver.   Those cases were always difficult to reject, because there was a victim that had been harmed, but there just wasn't enough evidence to support pursuing a conviction.   That meant that the wrongdoer would never be punished for the harm that they caused.  However, many of those cases would have been great Civil Cases.  That means the injured person or their estate could have received compensation (money) for the harms that the wrongdoer inflicted, even if the wrongdoer was never charged with a crime. 

Civil cases are much different than criminal cases. It is very important for a person that has been the victim of a crime to understand the difference between the two, so they can know all of their legal rights. Below are some of the main differences between Civil Law and Criminal Law in Oregon: 

1. What is The Main Difference Between a Civil Case and a Criminal Case In Oregon? Civil cases are about holding the wrongdoer(s) accountable by compensating the victim.  Basically the wrongdoer(s) are ordered to pay the victim for the harms and losses they caused the victim.  In Criminal Cases the case is about holding the wrongdoer accountable by punishing the wrongdoer.  Basically the wrongdoer goes to jail, is on probation, or is put in prison.  In a Civil Case the focus is on the harms and losses the wrongdoer caused the victim.  In a Criminal Case the focus is on the acts the defendant committed that violated the law. 
2. Is There A Civil Case If The Person Is Being Charged With A Crime?  In a civil case an injured person files a lawsuit against the person(s) or entities (government organizations or corporations) that caused the harm.  Being charged with a crime does not trigger a civil lawsuit.   In a Criminal Case the DA files documents to attempt to convict the wrong doer of a crime.  That does not trigger a civil lawsuit.  To Trigger a Civil lawsuit a person, usually a civil lawyer, files a complaint on behalf of the victim who is called the Plaintiff.
3. Is The DA My Lawyer If I Was A Crime Victim?  In a Civil Case the injured person has their own lawyer that represents only the injured person(s).  In a criminal case the State of Oregon has a "prosecutor" (sometimes called a DA) that represents the State.  The Prosecutor may take the victim's wishes into account regarding plea bargains and other issues, but at the end of the day the Prosecutor does not represent the victim.  In a civil case the civil lawyer only looks out for the crime victim's interest.
4. Who Is the Victim's Advocate in a Criminal Case?  In Oregon the Victim's Witness Advocate is an employee of the District Attorney's office.  They do a great job of attempting to keep victims informed of what is going on in the Criminal Case, and trying to create a dialogue between the victim and the prosecutor handling the case.  Victim Witness Advocates often will advise victims of criminal court dates (bail hearings, trial dates, sentencing dates), and will often inform the victim of their rights in the criminal proceedings.  However, this does not always happen with every case.  
5. Do I Get A Victim's Advocate in a Civil Case?  Yes.  In a civil case your lawyer is your advocate.   There is not an employee of the government that will advocate on your behalf.  You will have a lawyer that is pursuing your case for you and asserting your rights. 
6. Can I Get A Civil Lawyer To Be My Victim's Advocate In A Criminal Case?  Yes, as the victim of a crime you have a right to have a civil lawyer as your representative.   This is strongly encouraged to ensure the victim's rights are honored.   However, 
7. The DA "No Complainted" My Case, Will A Civil Lawyer Take The Case?  It depends, it maybe that there is not enough evidence to hold the wrong doer(s) accountable in a civil case.  It may also be that none of the wrongdoers has any money, so it would not be worth pursuing a lawsuit because at the end of the day no one would receive any compensation.  It is best to call a lawyer like myself at 503.224.1658 to discuss your civil case.
8. The DA Said There Wasn't Enough Evidence To Prove My Criminal Case, So How Would We Win a Civil Case?  One of the main differences between a civil case and a criminal case is the burden of proof.  In a criminal case the state must prove the wrongdoer committed a crime beyond a reasonable doubt.  That is the highest standard of proof.  In a civil case the standard is typically much lower.   To win your civil case you only have to prove your allegations by a preponderance of the evidence.   What this means is that you only have to show that more likely than not a person or entity caused your harm.  This is much easier, and you don't need the same amount of evidence to prove the case. 
9. Can I Collect Money From The Criminal Defendant To Compensate Me For My Harm?  It Depends.  First, most DA's will only pursue out of pocket losses (think property damage, hospital bills, therapy bills) once their is a conviction.  What this means is that a crime victim typically cannot receive money for the hell the event has caused them (think: pain, anxiety, embarrassment, shame, humiliation, and interference with daily activities).  In a civil case you can be awarded money for all the hell the person put you through.   In limited circumstances the DA may be able to get an award of a "compensatory fine" that allows the victim to collect money for non-out of pocket losses.  However this is rarely done.  You should speak to a Civil Crime Victim's lawyer, such as myself, if you are interested in pursuing this.  Call 503.224.1658.
10. Can I Have A Civil Case While the DA Is Prosecuting the Criminal Case, Or Do I have to Wait?   A crime victim in Oregon can have a civil case and a criminal case in the court at the same time.  However, that doesn't mean the cases will be on the same track.  Lawyers would be different, dates and hearings would be different, and judges may be different in the civil and criminal case.   There are numerous strategies that people consider regarding when to file a civil case, so you should consult with a Civil Crime Victim's lawyer. 
11. Can A Civil Lawyer Get a Settlement With the Person Being Charged with a Crime Before Filing a Lawsuit?  Yes!  It is often very helpful to have a civil lawyer  representing the crime victim, so the Civil Lawyer can attempt to resolve the case before filing a Civil Lawsuit.  Sometimes this can occur while the DA is still prosecuting the wrongdoer in the criminal case.  
12. I Believe A Corporation or Government Entity Caused Some of My Harm, Can I File A Civil Lawsuit Against Them Even if an Actual Person Committed the Crime?  Yes, if the evidence merits it.  This happens all of the time.   As a Civil Crime Victim's Lawyer I have filed a lawsuit against multiple corporations and a rapist in the same lawsuit.   We sued the corporations because they negligently hired the rapist and my client was raped while he was on the clock.   This scenario can come up with teachers sexually assaulting or molesting children, DHS failing to protect children, Hospitals allowing physicians to work after receiving complaints the physician had sexually assaulted a person, a bar that hired a bouncer that beat a person senseless, and a bar or social host that over-served a DUII Driver that caused a crash.   These are just a few of the countless examples.  
13.  Can I File A Civil Lawsuit After The Wrongdoer Is Convicted of A Crime?  Yes!  In fact most of the time that is when most civil lawsuits are filed against the wrong doer.  Just because a person is convicted doesn't mean you can't still pursue a civil lawsuit against them to seek money to compensate you for the hell they put you through. 
14. The DA Said The Statute Of Limitations  Ran on The Case, Can I Still File A Civil Lawsuit?  It depends.  Sometimes the criminal statute of limitations for a misdemeanor in Oregon may be as short as a year.  Most Civil Personal Injury lawsuits must be filed in two years.   Therefore a Civil Lawyer may have an extra year to hold the wrong doer accountable.  Other statute of limitations involving sexual assault, molestation, sexual abuse are very complicated and a Civil Lawyer should be consulted with.
15. If I Receive Money From The Oregon Crime Victim's Compensation Fund Can I File a Civil Case Against the Defendant(s)?  Yes.  Oregon has a fund that will pay medical bills and therapy bills for crime victims in some circumstances.  If a person receives benefits from the Crime Victim's Compensation Fund, and later collects money from the defendant in a civil lawsuit or settlement then the Fund must be repaid. 

If you or someone you know has been the victim of a crime and want to file a civil lawsuit call Oregon Crime Victim Lawyer Jeremiah Ross at 503.224.1658 for your free consultation.  Ross Law LLC is happy to assist crime victim.    Please note there are numerous differences between civil law and criminal law, and the law is constantly changing.  

Sexual Assaults, Assault, Battery-Civil Law Can Help When The Criminal Justice System Fails

Many people have heard the story of Brock Turner.  Turner was a all-star swimmer at Stanford.  He was also a sexual predator that raped a young unconscious woman.  The story hit national news, because the judge went lenient on Turner.  Turner served three months for raping a woman.  The victim wrote a scathing letter regarding the light sentence. I think most people would agree the criminal justice system failed the young woman in that case.  

Despite the Criminal Justice system failing, the young woman still has options.    She can file a civil lawsuit against Turner for sexual assault, assault, intentional infliction of emotional distress. If she won, Turner would have to pay her for the hell he caused her.  Also, Stanford or another organization may be civilly liable if they knew Turner had a propensity to sexually assault women, but ignored it.  Others may be liable too.  For example, if Turner was heavily intoxicated and was over-served then whoever over-served him alcohol may be civilly liable.  What all this means is that the young woman can use the Civil Justice system to hold each and every person and entity accountable for their actions and inaction that lead to her rape.  That means she can sue for money damages to compensate her, and punitive damages (damages to punish people) as well.  

People may say that Turner may not be worth suing because he is not going to have any money.  He is now known as a sexual predator, so he is not going to have a successful career.  However, a lawyer may still take the case in hopes that Turner will be forced to pay.  He is young and his wages may be garnished for decades.  Arguably his debt for the rape couldn't be discharged in bankruptcy.   More importantly, every month he will be reminded of the hell he put this woman through when he sees a certain amount of money coming out of his bank account.  

The Justice system is NOT perfect.  Mistakes will be made and there will be injustice.  However, people need to remember that the Civil Justice System should be a valuable tool for victims of sexual assault, rape, assault, and battery.  Although being awarded money damages will not bring the victim Justice, it may help soften the blow. 

If you or someone you know has been a victim of Rape, Sexual Assault, Assault, or Battery, call Portland Oregon Crime Victim Attorney Jeremiah Ross at 503.224.1658 for a free consultation.   I am  happy to explain the process to you at no cost.  Please call Ross Law LLC to learn your victim's rights and hold all wrongdoers accountable.  

The Rain Is Back-Can You Get a Ticket For Going The Posted Speed Limit in The Rain?

This week the rain has returned, and so have the numerous terrible drivers that continue to speed through the rain.   You would think that Portland Oregon drivers would be excellent drivers in the rain.  However, it appears just the opposite is true.  

Many drivers drive too fast in the rain and then cause a crash.   Many of these crashes during rush  hour are rear end collisions.   These rear end collisions often can cause soft tissue injuries to a person's neck (whiplash type injuries), back, and often the driver's left shoulder can be injured from the seat belt tightening.  Some of the crashes can be more serious resulting in significant injures.   

The "bad drivers" that cause the crash probably feel horrible for causing a crash and injuring a person.  However, they may be surprised if they get a ticket even if they were going the posted speed limit in the rain.   They also may be surprised if a personal injury lawyer like myself files a lawsuit claiming they were negligent even though they were going the posted speed limit in the rain.  

This is due to the fact that there is a "basic speed rule" in Oregon.   ORS 811.100 is a law that notes a person violates the law if they drive a vehicle at a speed greater thaan is reasonable and prudent.  The law then lists certain issues that a driver must account for in determining whether or not their speed is reasonable and prudent.  These issues include weather, traffic, visibility, and other conditions.  ORS 811.100 (4) specifically notes that a person may be given a traffic citation if their speed is lower than the posted speed limit.  

The bottom line is that you should slow down to a reasonable speed in rainy conditions.  If you don't and cause a crash you may face a traffic fine.  Even worse you may injure someone and have to answer to a Personal Injury Attorney like myself to explain why you shouldn't be held accountable for injuring another person.

If you, or someone you know, has been injured in an Oregon car crash, call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.    Ross Law LLC provides free personal injury consultations and works on a contingency fee in personal injury cases.   Please remember the law is constantly changing and it is best to contact a personal injury ticket.

Jeremiah Ross selected as a Top 100 Trial Lawyer

The National Trial Lawyers selected Jeremiah Ross as a Top 100 Trial Lawyer.   The organization recognized Jeremiah Ross for his work as a Personal Injury Attorney and Consumer Lawyer.  You can read more about The National Trial Lawyers at The National Trial Lawyers web-site.

 Jeremiah Ross represents Oregonians in Personal Injury cases, Crime Victims, and Oregonians consumer cases.   Feel free to call Jeremiah Ross at 503.224.1658 to discuss your case. 

Wrecked and Repaired Car Is Now Worth Less-10 Things to Know About Diminished Value in Oregon

As an Oregon Personal Injury Attorney I am often confronted with various issues that are caused by a car crash.   Dealing with insurance companies, trying to get medical bills paid, and trying to get lost wages paid are all pretty common.  However, there is also another claim that pops-up every so often.  This is the "diminished value claim."  

These claims are more and more common these days and should be pursued if the economics make sense.  There are numerous little nuances that should guide a person in considering filing a diminished value claim, but below are just a few things that should assist you:

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 that 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 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 and may have a claim against the insurer that the Insurance Commissioner would be interested in investigating.

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.

Do Attorneys Represent People in Diminished Value Cases?  Yes, but it is not  always necessary.  Some claims may be viable small claims court actions.  However, the insurance company will likely attempt to remove the case from small claims.  I represent people with smaller diminished value claims.  See my  blog article  on small cases in Oregon for more information. 

How Do Attorneys Get Paid In Diminished Value Cases?    Most attorneys get paid on a contingency fee.  However it depends on the amount of the claim.   If there is a large amount of diminished value then it may make sense to pay an attorney hourly.  If their is a small diminished value claim that is risky the lawyer may want you to pay an hourly fee.   I take almost all diminished value cases on a contingency fee.  What that means is I do not get my attorney fees paid unless we win the case. 

Do Diminished Value Cases Apply To Bicycles? It may, but it depends.  A newer unique expensive bikes can be damaged in a small crash with a motor vehicle.  These often happen in minor crashes (For example if you were "doored" at a low speed.)     If the frame or other parts are  slightly bent, but the bike still functions there may be a viable diminished value claim.  However if the bike is a run of the mill off the shelf bike (think $1500.00 or less)  then most likely you are not going to have a viable diminished value claim.

Why Didn't You Answer My Question About Diminished Value Cases In Oregon?   As I said earlier, there are numerous issues that can arise in these cases.  Please Call me if you have a question.  Call Portland Personal Injury Law Firm Ross Law LLC at 503.224.1658.

If you or someone you know has been in a car crash and is injured or their car was damaged feel free to call me, Jeremiah Ross, at 503.224.1658 for your free personal injury or diminished value consultation.  Please remember the law is constantly changing and this blog post should not be used as a basis for filing a diminished value claim.  Please look at the law or discuss your case with an attorney.   

SLOW DOWN! School Is Back in Session- Five Things Every Driver Should Know About Oregon's School Zone Traffic Laws

As I rode into work this morning, I noticed the normal sleepy streets of SE Portland had awakened.  These usually quiet streets were filled with hundreds of kids with tiny backpacks.  Parents and kids both were walking or riding to the first day of school with smiles on their faces both reflecting anxiety and excitement.  However drivers faces were different.  

Drivers appeared grumpy, impatient, and annoyed. The added congestion caused unexpected delays around the school, and now the drivers were going to be late.   As a result,  some drivers drove more aggressively to try and make up for the time they have lost stopping at crosswalks, having to slow down in school zones, and the added traffic congestion around schools.   It is not difficult to imagine the tragic consequences that can occur if excited kids are near roads that are occupied with frustrated drivers.  

With that said many Oregon Driver's know to slow down near kids, but may need a little reminding of the laws that they must follow in order to minimize injuring a child with a vehicle. Here is a run down of some of the basic laws in Oregon that apply near school zones or kids:

What is a School Zone?  Certain traffic laws apply differently in and out of "school zones" so it is important to know what a "school zone" is.  ORS 810.462 defines what a school zone is.   IT notes there are two types of school zones, either an area near a school, or an area near a cross walk.  School Zones are created by putting signs up.   

How Will I know I am Driving in a School Zone?  There should be signs posted around the school zone alerting you that you are near a school zone.

Is there An Automatic Speed Limit in a School Zone?  No, a school zone does not automatically have a speed limit of 20 MPH.  The 20 MPH school zone speed limit is only active during certain periods of time. 

What are the Speed limits in School Zones?  The speed limit in a school zone is 20 MPH.  However, when that speed limit is in effect depends on the type of school zone it is.  If the school zone is adjacent to the school grounds then the "posted" speed limit is in effect when a flashing light indicates when children are coming to or leaving school.   If the school zone is near a crosswalk away from school grounds the 20 MPH school zone is in effect when the school zone light is flashing or when children are present.  For more information see (ORS 811.124)

What does "when children are present mean"?  Oregon law (ORS 811.124) defines "when children are present" as when kids are waiting to cross the crosswalk or a school safety person is at the crosswalk.  

It is imperative that any driver follows these laws not only to avoid a costly ticket, but more importantly no one wants to injure or kill a child with a vehicle.  Following the law is one of the easiest way to minimize the chance that you may injure or kill a kid while you are driving.  Personal injury crashes involving children are tragic for so many reasons.  Please slow down to avoid being in one of these crashes.

If your child, or someone you know, has been involved in a traffic crash near a school, call Personal Injury Lawyer Jeremiah Ross at 503.224.1658 for your free personal injury consultation.  Portland Oregon law firm Ross Law LLC is happy to discuss any personal injury case you may have.   Please remember the law is constantly changing and please check with an attorney before relying on any of the laws cited above. 

What are PIP Benefits? 15 Things to Know about Oregon PIP Benefits

If you have been in a recent car crash, you may have heard something about "PIP" benefits or "Personal Injury Protection" insurance.  As a Portland Oregon Personal Injury Attorney I can say the law mandating PIP benefits has assisted countless people that have been in a car crash in paying for reasonable and necessary medical treatment, lost wages, and funeral benefits. There are numerous things to know about PIP, but I did my best to boil it down to 15 things:

1. What Are PIP Benefits? "PIP benefits" is just a term for Personal Injury Protection benefits. These benefits are "no fault" benefits that are provided by an insurance company that issued an automobile insurance policy in Oregon. However, many self insured companies don't have PIP Benefits. Companies and Entities such as Tri-Met, Police and Fire Departments, Taxi Companies typically do not provide PIP benefits.

2. Can I Get PIP Benefits if I caused a Car Crash? Yes, PIP benefits are "no fault" meaning that they provided to people involved in any vehicle crash regardless of fault.

3. Can I Get PIP Benefits If I was hit by a Car While Riding a Bike? Yes, but the bad driver's PIP benefits are the last insurer to pay. Usually if the injured person has either health insurance, car insurance, or both, those policies will pay first. If there are any amounts still owed to medical providers after those insurers pay then the bad driver's PIP pays. If you don't have health insurance, car insurance, or neither then the bad driver's PIP pays.

4. Can I get PIP if I was a Pedestrian that was hit by a Car? Yes, they are the same benefits you receive as if you were riding a bicycle. (see question 3 above)

5. Can I get PIP benefits if an insured Vehicle never Collided with me or My Vehicle? Maybe, there have been cases litigated over these issues where a person claimed PIP benefits but they were not injured in a typical car crash (i.e. injured in drive by shooting.) These cases are very fact specific and there is not a clear answer. Most likely an insurance company would deny PIP coverage and force the injured person to sue for benefits.

6. What Are the Exact PIP Benefits I am Entitled To? The specific PIP benefits you are entitled to may vary based on the language of your insurance policy. However, Oregon Law provides the minimum requirements for all PIP benefits. The most common minimum requirements are:

   1. $15,000.00 for reasonable and necessary crash related medical treatment incurred up to two years from the date of the car crash;

   2. 70% of Lost Wages, or a maximum of $3,000.00 per month, if you miss 14 or more consecutive days of work due to crash related injuries;

   3. Reasonable and Necessary Funeral expenses, up to $5,00.00 if the expenses are incurred within one year of the crash;

   4. Child Care costs if injured person is hospitalized for more than 24 hours, but the maximum that will be paid is $25.00 per day for a total of $750.00.

7. Does the $15,000.00 in PIP Medical Benefits Pay for Chiropractic Treatment, Physical Therapy, or Acupuncture? Typically yes. As long as the medical treatment is reasonable and necessary and related to the crash, the insurance company should pay up to $15,000.00 for two years of treatment. However, insurance companies will often deny payment for non-traditional treatment such as acupuncture or chiropractic treatment. If that occurs call me at 503.224.1658 to discuss how to get those bills paid by the insurance company.

8. My Insurance Company Sent me a Letter Saying They Won't Pay Anymore Medical Bills, Can they Legally Do That? Maybe, Insurance companies often cut off people's PIP medical benefits. This most often occurs when a car crash causes soft tissue injuries, or whiplash, to a person. The insurance companies usually have a blanket cut of date for 12 to 16 weeks after the crash. Then they send the injured person a letter noting the additional treatment is not necessary or reasonable, so they won't pay anymore. If this occurs call me at 503.224.1658 to discuss your legal options to get those bills paid and continue to treat. Sometimes an attorney can grease the wheels to get the bills paid and allow you to continue to treat.

9. My Insurance Company Wants to Send Me to A Doctor, Can They Do That? These defense medical exams (DME's) are called independent medical exams (IME) by the insurance companies. Most policies and Oregon Law allows the insurance company to send you to a doctor. This may be a good idea in theory, but in my experience Insurance companies use this law to prevent many injured people from receiving the medical care. The way this works is the insurance company will hire a doctor or medical provider with the goal of cutting off your benefits. Many of these Dr.s make tens of thousands of dollars a year examining patients with the sole goal of providing the insurance company a report that justifies the insurance company cutting off your PIP benefits. The insurance companies often use the same doctors, so the Doctors become reliant on the extra income they are making from providing insurance company favorable reports. Therefore, when the doctor receives a request for a DME they know they should write a report favorable to the insurance company to ensure they will get called by the insurance company again. This is the vicious cycle that continues and provides insurance companies the ammunition to terminate your PIP benefits.

10. Why Does the Insurance Company Want to Cut off PIP Medical or Lost Wage Benefits? The short answer is MONEY. You have paid insurance premiums for years and are trying to get the benefits you have paid for. However, the insurance company loses money any time an insurance company pays PIP benefits. The way insurance companies increase their profit margin is they have to limit the amount of benefits they pay out. Insurance companies are businesses and their goal is to make as much money as possible. Your desire to obtain your $15,000.00 in PIP benefits cuts into the insurers bottom line.

11. Does the Insurance Company Send a Check to Me or to My Medical Provider? It depends. Many insurance companies directly bill the medical provider. Some will reimburse you for your expenses. Most medical providers will send the bills directly to the insurance company and the insurance company will pay them directly. If you have already paid then they may send you a check to reimburse you.

12. How Long Will The Insurance Company Pay My Reasonable and Necessary Medical Bills? Up to two years from the date of the incident or until the insurance company claims the bills are no longer reasonable or necessary (see Question 8-10 above). However, the law encourages insurers to pay bills within 6 months of receiving the bills. If the PIP insurer fails to pay reasonable, and necessary bills within the 6 months they are more susceptible to a lawsuit to get the bills paid.

13. I Am Self-Employed, Can I Get Wage Loss? Yes, but the insurance companies usually make it more difficult for you to verify your income. You may need the assistance of a Personal Injury Attorney like myself.

14. Where Can I find the Actual Law Noting What The Minimum Requirements for a PIP Policy Are? Oregon Revised Statute 742.524 (ORS 742.524) is the law that mandates the minimum benefits. You can purchase more than the minimum.

15. What Can I Do If My Insurance Company Won't Provide PIP Benefits? If your insurance company cuts off your PIP Medical Benefits, your PIP Lost Wage Benefits, or other PIP benefits for any reason, you should call a lawyer immediately. Lawyers such as myself are happy to take many of these PIP cases because if we win the insurance company has to pay the cost of the lawsuit and the attorney fee. This allows you to get your PIP benefits with little financial risk to yourself.

If you or someone you know has any questions about PIP call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658 for a free personal injury consultation.  

IMPORTANT LEGAL STUFF:  Please remember all situations vary and this blog post is for informational purposes only.  It is based on my opinion, personal experience, and interpretation of the law.  However, the law changes and insurance companies may have a perfectly good lawful reason for cutting off PIP benefits.  That is why it is best to consult with an attorney to determine your rights and obligations.  Also, remember the law is constantly changing so this post may be outdated and based on law that has changed.  Please review the current state of the law.