A Personal Injury Lawyer Can Help With Medical Providers

Roughly once a week someone takes the time to send a Thank You card to my office.  Many come from clients.  Some come from vendors.  Sometimes they come from medical providers.  This week I received a lovely card from a Chiropractor.  The Chiropractor had been the treatment provider for a car crash client in a case I was involved in.  The case went to trial and he testified on behalf of our client. A couple of weeks after the trial we had lunch to discuss the trial.  During the conversation, we also started to discuss how Oregon personal injury lawyers should be assisting their clients with medical providers.  Things like billing issues, referrals, and obtaining medical records were all topics of discussion.

Many of my Personal Injury clients already have a medical provider when they come to see me.  If that is the case then I do my best to help the provider with any insurance billing issues they may encounter.  This allows my client to focus on getting better and the provider can deal with my office that regularly interacts with insurance companies. 

My office can also work with a provider who is treating a client who had their personal injury protection benefits terminated by their insurance company.  There are various ways to do this, but often the medical provider is concerned about payment for future services, so it is my office's responsibility to assuage those concerns and do my best to force the insurance company to reinstate PIP medical benefits. 

Occasionally my personal injury clients will ask for a referral to a medical provider.  I do not have a common referral list, but there are some providers that I have told my clients to steer clear of.  At the end of the day, the client needs to be with a provider that they feel comfortable with.  

If you, or someone you know, has been injured by another and need a free case evaluation call Portland Oregon Personal Injury Attorney Jeremiah Ross at 503.224.1658.  At Ross Law LLC we do our best to help people injured in Car Crashes, Bus Crashes, Trucking Accidents, Bicycle crashes, Bike Crashes, Motorcycle Crashes, and dangerous premises cases.  Please remember this post, this blog, and website can be considered ATTORNEY ADVERTISING. 

5 Myths About Concussions & Car Crashes

Last week I attended the Brain Injury Alliance of Oregon's annual Conference.  It was fascinating to hear about the current state of the medical science from medical experts.  Most of the speakers addressed some of the misconceptions about brain injuries.  Many of these misconceptions affect people injured in car crashes and other accidents.  Brain injuries can be called various names depending on who you talk to.  Concussions, Traumatic Brain Injuries, TBI, Mild Traumatic Brain Injuries, Mild TBI, MTbi, post-concussive syndrome are all various names for brain injuries.  These brain injuries are very common in car crashes.  Concussions and Mild TBI can occur in low speed rear-end collisions.

Myth 1:  You must Lose Consciousness to have a Mild Traumatic Brain Injury (MTBI).  According to the CDC and the recent medical literature, this is flat out wrong.   A person need not lose consciousness, get "knocked out," or "black out" to have suffered a concussion.   The CDC notes, "[M]ost concussions do not result in a loss of consciousness. Not being able to remember events (amnesia) prior to, or following the injury, for a period of time is another sign of a concussion. Yet, some people simply feel dazed or confused."  

Myth 2:  X-Rays, MRIs, and CT Scans Always Show a Mild Traumatic Brain Injury. According to medical literature, this is also FALSE.  That is why many medical providers at the emergency room will not order medical imaging for people who exhibit post-concussive syndrome or Mild TBI symptoms after a motor vehicle crash.   There are various medical tests that can be administered to diagnose a concussion and MTBI, but imaging is not reliable enough to diagnose many mild TBIs.   Click here for more information.

“Symptoms of a Concussion after a Car Crash
1) Thinking/Remembering: Difficulty Thinking Clearly and remembering after the crash.
2)Physical Problems: a Headache, Nausea, Balance Problems, Blurry Vision, Feeling Tired, Sensitive to Noise and Light.
3) Emotional/Mood: Irritable, Sad, Nervousness
4) Sleep DIsturbance: Sleeping more or Less than usual.”

— Center for Disease Control

Myth 3:  Mild TBI Symptoms or Concussion Symptoms Appear Right After the Car Crash:  According to the Mayo Clinic, concussion symptoms may be delayed for hours or days after the injury.  This means that you can be in a car crash on Monday and your concussion symptoms may not appear until Friday.  

Myth 4: You Must Hit Your Head to Have a Concussion or Mild TBI:  According to the CDC's definition of a concussion/mild traumatic brain injury this is also FALSE.  The CDC affirms, "A concussion is a mild form of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head."  The "jolt to the head" portion of the definition affirms that a person does not need to strike their head, but only needs to have their head jolted.  This "jolt" is very common in car crashes.  Especially in rear-end collisions.

Myth 5:  Insurance Companies Are Aware of the Above Myths and Will Compensate You for Your Crash Caused Concussion:  This is flat out false. I have witnessed Insurance companies use the concussion myths at trial and during settlement negotiations. Specifically, Insurance companies use outdated science and medicine to try and convince people that they could not have had a crash caused concussion or MTBI if they did not lose consciousness.  Insurance companies will also claim that a person could not have a concussion if they did not hit their head in the crash.   

Insurance Companies will assert that because there is no Medical Imaging showing a Concussion or Mild TBI then it did not occur.  Insurance companies often use hired guns that are neuropsychologist to claim the person has a psychological issue that is causing the symptoms, and the symptoms are not related to the crash.  In short, they will claim a car crash victim with a Mild TBI is either malingering or suffering from a psychiatric condition causing the symptoms.   This is why it is imperative for you to consult with a personal injury lawyer if you have a concussion or mild TBI and are involved in a motor vehicle crash. 

Please call Jeremiah Ross at Ross Law PDX at 503.224.1658 for your free case evaluation.  Jeremiah Ross has experience with Traumatic Brain Injury Cases and Mild TBI/Concussion cases and will do his best to fight to get you full compensation for your crash caused injuries. Please remember to CONSULT WITH A MEDICAL PROFESSIONAL if you think you have a head injury or any other medical condition.  This post is for informational purposes only.  The definitions and medical science are constantly evolving so please keep that in mind.  

Portland's Snow Is Gone, But Crash Injuries Will Linger...

This week snow blanketed the Portland Metro area down into Eugene and Springfield.  The snowstorm also covered roads from Newport to Astoria.  Many people have become casualties of the storm due to other drivers driving too fast, following too closely, or failing to brake in time.  As a result, there are a lot of people who were in low-speed collisions that are now just starting to suffer the full effects of their injuries.  Below are a few things to remember about these crashes.

See A Medical Provider if You Suspect You Are Injured:  Many low-speed collisions cause what are known as "soft tissue" injuries in the medical field.  Some lay-people and even some medical providers refer to these injuries as "whiplash."  Whiplash is usually a type of soft tissue injury that is synonymous with a neck strain.  These soft tissue injuries occur when the force of the crash tears and stretches muscles and ligaments.  These tears and stretches are commonly referred to as strains and sprains.  

Many times people do not immediately feel the effects of these injuries.  There are various reasons for this because each person is different.  However, after a few days, the pain and discomfort usually set in.  Many people do not see a medical provider because they hope that the pain is going to go away.  In some people it does, but in many people, the pain and symptoms persist.  It is best to get examined as soon as possible.  Medical Doctors, Osteopaths, and Chiropractors can assess you and monitor your injuries. 

You Should Have $15,000.00 of No-Fault Insurance to Pay Medical Expenses:   If you have an automobile insurance policy issued in Oregon then you have $15,000.00 in no-fault insurance benefits.  This no-fault insurance has certain limitations, but it will typically cover up to $15,000.00 of crash-related medical expenses.  However, it only covers treatment for two years from the date of the crash.   These benefits are called personal injury protection benefits, or "PIP."   Read here for more PIP information. If you have insurance questions call Ross Law PDX at 503.224.1658 to speak with personal injury lawyer Jeremiah Ross.  

You Don't Have to Talk to the Bad Driver's Insurance Company:  The bad driver's insurance adjuster is going to be calling to attempt to take recording statements. The insurance lawyer will later attempt to use this statement to justify offering you a low dollar amount.  The day after the crash the adjuster will ask you if you are injured, where you hurt, and if you are going to the doctor.  If you say you are a "little sore" and later need back surgery as a result of the crash, the insurance company will to try and use this statement against you.  The insurance company will try and show that after the crash you had a minor injury that healed.  They claim something else is the cause of your injury that necessitated surgery. Click here to learn more about whether or not you need to speak to an insurance adjuster. Bottom line, if you are unsure if you need to talk to an insurance company call Ross Law PDX at 503.224.1658 for your free case evaluation.

Insurance Companies WIll Make a Low-Ball Offer Right After a Crash: Insurance companies usually attempt to capitalize on these early days after the crash.  If they fear that you may have suffered an injury they will likely try and get you to settle your case as quickly as possible before you realize the full extent of your injuries.  That means that in the next few days insurance adjusters will be hitting the phones, knocking on doors, and emailing injured Oregonians trying to lean on people to take their low-ball offers. 

Lawyers Will Represent People in Smaller Value Cases:  Many people do not call a personal injury lawyer because of two main reasons.  First, injured folks are unsure about how much a lawyer will cost.  This is not a valid concern because the overwhelming majority of personal injury lawyers will give a free case evaluation.  Most personal injury lawyers also work on a contingency fee. 

The other reason people often do not call a personal injury lawyer is that they do not think their case is large enough to warrant representation.   However, Oregon has a small case law that provides economic incentives for attorneys to represent folks in these small cases.  Without these economic incentives, insurance companies would be able to offer little, if anything, because they would be aware that the cost to pursue the case would subsume any award the client would receive.  Click here to read more about Oregon's Small Case Law (ORS 20.080)  

There are too many topics to cover in one blog post.  If you have any questions or are in need of help please call Ross Law at 503.224.1658 for your free case evaluation.  Please remember that this post is for informational purposes only and you should consult with medical professionals and attorneys.  Do not solely rely on this post.  

Three Things You Must Know About Oregon Auto Insurance:

Full Coverage Does Not Mean What You Think it Does:  All too often I meet with clients who tell me, "Don't worry, I have full coverage."  Some of these clients have been heartbroken when they learn that their "full coverage" only included the state-mandated minimum bodily injury limits of $25,000.00. There is not an insurance policy that is sold that states it is "Full Coverage."  This term usually means that the policy meets the state mandatory minimum requirements.  These requirements merely are that the policy has a minimum bodily injury coverage of $25,000.00 per person or $50,000.00 per crash; personal injury protection benefits that include $15,000.00 to pay reasonable and necessary medical bills for up to two years after the crash; and $20,000.00 property damage coverage (to pay for damaging another's property). All policies must also have an uninsured motorist provision and an underinsured motorist provision (used when the bad driver doesn't have enough insurance.)

Your Insurance Company May Refuse to Pay Crash Related Medical Bills:  Oregon law requires that the insurance company pays your crash related bills for two years.  However, this amount the insurer will pay in total varies depending on the personal injury protection coverage you have purchased.  If you have the minimum personal injury protection benefits then your insurer will stop paying crash related bills once they have paid $15,000.00.  That amount can go quickly especially if there is surgery.  The other game insurers play is they will claim your injuries are not crash related, so they refuse to continue to pay your personal injury protection benefits.  They may even send you to a medical provider that works exclusively for insurance companies to give an "opinion" that your injuries are not crash related.   If that occurs call Ross Law at 503.224.1658.

The Minimum Bodily Injury requirements are a Mere $25,000 per Person:  This is usually shocking to most people.  This means that if you are injured in a car crash and you have the minimum limits that you will likely only have $15,000.00 from your insurance policy's  personal injury protection benefits to pay for medical bills, and then an additional $25,000.00 from the bad driver's insurance policy to pay for medical expenses and pain, suffering, and all other harms and losses.   When a person is dealing with a severe injury, these amounts are very low considering the cost of medical care these days. There may be other ways to obtain additional coverage, including "Stacking" your underinsured motorist coverage, or umbrella coverage, but usually, an attorney will be required to navigate these issues.

 Insurance is a complicated issue, but the bottom line is you can never have enough insurance.  If you are injured in a crash and you need assistance in dealing with insurance companies call Ross Law LLC at 503.224.1658.  Jeremiah Ross is a Portland Personal Injury Attorney who will do his best to fight to obtain full compensation for your injuries. 

LEGAL STUFF:  Please remember the law is constantly changing.  This post only applies to insurance policies written in Oregon.  It is important to remember that insurance policies and Oregon law control the types of benefits you may receive and what insurers are permitted to do.  Please rely on the policy language and the law and not solely on this educational post.

Five THANKSGIVING TRAVEL TIPS FOR OREGON DRIVERS

It is hard to believe Thanksgiving is already here in Oregon.  This means that hundreds of thousands of Oregonians are going to hit the road to spend Thanksgiving with friends and family.  The surge in traffic can cripple Oregon's roads especially around Portland, Salem, Woodburn, and Eugene.  The increased traffic not only can cause frustration and delay, but it can also cause more vehicle crashes.  Here are some tips to help reduce your stress and chances of being in a vehicle crash:

Uploaded by Roham on 2013-07-08 who is not affiliated with Ross Law.  Youtube clip is directly from a Youtube link.

1. Travel during a less congested time:  Travel and Leisure Magazine states that Portland's traffic will be at its worse this Wednesday and then again on Friday at 4 p.m.  They suggest driving on Thanksgiving day or early Sunday morning to avoid the traffic.  Also, leave a little earlier than you think you should.  This will build a buffer time, so you won't be in a rush to get to your destination if you encounter unforeseen traffic.
2. Be Prepared for Traffic: If you get hangry, or have little ones you should be prepared for a trip that may take a couple of hours longer than usual.  Throwing some snacks in a bag, bringing some toys for the kids, or other things to entertain them will help relieve a lot of the frustration of sitting in traffic.  As a father of a toddler and a baby, I know this isn't always feasible, but it can help.  This may help you remain more alert and focused on the road.  
3. Leave extra room between you and the car in front of you:  Rear end crashes are going to be common this weekend. People will be traveling too close to the vehicle in front of them.  It happens every year.  These crashes are easy to avoid if drivers simply pay attention and leave extra room between them and the car in front of you.  This can be hard in bumper to bumper traffic, but it can also mean the difference between staying safe and being in a crash.
4. Cut Down on Distractions:  Phones, Ipads, in-vehicle movies, and rowdy kids can all create unnecessary distractions that can lead to a crash.  Drivers should do whatever they can to reduce these distractions.  The new iPhone update has a "Do not disturb"  option that allows the phone to not communicate while you are driving.  This is a handy feature but should be unnecessary if you simply remain off of the phone.   Keeping devices away from the driver and keeping the kids happy are two ways to prevent distractions. Also, remember the stiff penalties for holding a mobile device while driving.
5. Ensure Your Vehicle is Mechanically Sound:   When was the last time your windshield wipers were replaced?  When was the last time your tires were inspected?  What about that noise under the hood?  These mechanical issues can result in a crash or an unnecessary delay.   It is supposed to be rainy all week in Northwestern Oregon so wipers, headlights, and tires are important on a long trip.  Good tires prevent you from hydroplaning so ensure you have ample tread on them.  Many crashes are a result of poor visibility so good wipers and headlights are a necessity.  Also, you don't want to be stranded on the side of the road with a serious mechanical issue that could have been avoided by a quick inspection.   If you think something is wrong with the vehicle, have it looked at before you leave.

Of course, there are other tips to keep you and your family safe on the road, but these should get you thinking about it.  You don't want a relaxing holiday to turn into a nightmare scenario.  If you, or someone you know, have been in a traffic crash please contact Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation.  Ross Law LLC is happy to represent personal injury clients in Oregon.    

Ross Law Jury Trial-Attorney Fees Awarded to Jeremiah's Client

Jeremiah's personal injury client was recently awarded attorney fees and costs in addition to the thousands of dollars the Jury Awarded his client.   The Jury sided with Jeremiah's injured client who had suffered muscle strains in a motor vehicle crash.  Then it was up to the Judge of whether or not to award attorney fees and costs. 

The Judge's separate award of attorneys fees is a great outcome for the client.  This means Ross Law will not be paid Attorney Fees and Costs out of the the Jury's Award.  GEICO (The Bad Driver's Insurance Company) will have to pay Ross Law's Attorney Fees and costs incurred on behalf of his injured client.   That means more money goes to Jeremiah's injured client.

If you or someone you know have a personal injury case call personal injury lawyer Jeremiah Ross at 503.224.1658.  Ross Law LLC provides free personal injury consultations.  If you have questions about attorney fees call Jeremiah Ross at 503.224.1658.  Please remember results may vary.

Be Safe in These Dark Days. Tips to Remain Visible on the Road

Daylight savings has arrived. This is the time of year where most people's afternoon commute is done in the dark.  Pedestrians, cyclists, and drivers are all on the wet dark roads doing their best to get home.  This combination can lead to deadly consequences because pedestrians, cyclists, motorcycles, and other vehicles can be difficult to see.

The Portland Bureau of Transportation has provided some helpful tips for drivers.  PBOT recommends for drivers to: 

• Use your headlights even if it is not "night time"
• Leave more space between you and the car in front of you
• Remember to practice patience and slow down
• Stay in your lane and beware of drivers who dart from lane to lane
• Even though the route may be familiar, don't go on autopilot; stay alert and ALWAYS watch for vulnerable road users such as people walking, biking and rolling
• Don't touch your phone, eat, drink or do other things that are distracting. Remember, as of October 1, 2017, it is illegal to drive while holding or using an electronic device (i.e. a cell phone or tablet).
• Slow down at crosswalks and take care when making turns – even at a signal.

Cyclists, Runners, and Pedestrians should increase their visibility by:

“Did you know that you’re first visible to people driving from 500 feet away when you’re wearing reflective clothing? Compare this to just 55 feet away when wearing dark colors with no reflective gear or lights.”

— Portland Bureau of Transportation

• wearing reflective clothing or gear
• using safety lights. 
• When walking, keeping a small flashlight or using the feature on your phone is another helpful way to make sure you can see at night.

If you or someone you know has been injured in a crash involving a vehicle, call Portland personal injury lawyer Jeremiah Ross at 503.224.1658 for your free case evaluation.  Also, Ross Law LLC is not affiliated with the City of Portland and this post is for informational purposes only.  This post may be percieved as Attorney Advertising.

Halloween Tips Parents Should Know To Keep Their Kids Safe

I spent the vast majority of this weekend watching my kids have the time of their lives running and crawling around in their Halloween costumes.  Yesterday we attended Westmoreland's annual Monster March, and noticed the number of kids that were out this weekend compared with last year.  We are slated for great trick or treating weather which will mean there will be more and more kids trick or treating.  We are all excited to see the kids trick-or-treating, but we also have to remember that Halloween can be a dangerous time of year. 

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 combines to 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 finally understands the dangers cars pose.  However, sometimes he gets distracted and caught up in the moment, 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 Oregon personal injury lawyers Ross Law LLC and Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation.  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.