Portland car accident lawyer Aaron DeShaw discusses injury claims, settlement offers, and how to resolve any car accident claim for its full, fair value.
Every car accident can be a uniquely stressful and traumatic experience. From medical bills and lost wages to property damage and transportation issues, every car crash has the potential to upend your life. Resolving your accident injury claim for its maximum amount often requires hiring an attorney to negotiate a settlement on your behalf—or, if needed, take your case to trial.
Long before you hire a personal injury attorney, however, there are several steps you can take to ensure that your claim is resolved for its full, fair value. The aftermath of a car accident can be stressful, especially when dealing with insurance companies and legal claims. This blog provides essential tips on how to get a fair settlement and navigate the complexities of the claims process.
Have you been injured in a car accident? Hiring an attorney may be crucial for covering medical bills, lost wages, and other expenses. Call our Portland personal injury law firm today to schedule a free consultation: (503) 227-1233.
Prioritize Medical Attention
The moments, minutes, and hours after your car accident are critical, both in terms of your physical health as well as the viability of your accident claim.
The moments after a motor vehicle crash can be confusing. In the flurry of assessing the situation, exchanging insurance information, and informing your loved ones, you may forget one crucial step: seeing a doctor to assess the extent of your injuries. Insurance adjusters love to argue that your injuries are not serious and that delaying medical treatment, even for a legitimate reason, can help an insurer defend a case against you. In fact, some insurers use claim software that will flag your claim as suspicious for fraud if you don't seek treatment within the first two days after a crash.
Many people do not realize that certain injuries may not show symptoms until days or even weeks after the accident. You may leave the scene feeling fine, only to discover that you’re experiencing headaches, lethargy, muscle stiffness, and even symptoms of PTSD in the days and weeks following the crash. Even the US Government's National Institutes of Health teach doctors in their "Heads Up" brain injury physician booklet, that people with a traumatic brain injuries may not show symptoms for "days, weeks, or months" after an injury. It is important to seek medical attention as soon as possible after the accident, even if your injuries seem minor, as they may be able to catch early-onset conditions before symptoms present.
Having detailed medical records is critical for your personal injury claim, as it provides clear documentation of your injuries, treatments, and any long-term effects. This is the foundation of your case, so follow through with all treatments and keep thorough records throughout the course of your injury recovery.
If you have suffered a brain injury or other serious personal injuries resulting from a motor vehicle accident, speak to a Portland brain injury lawyer today for a free consultation: (503) 227-1233.
Gather Evidence
Most people understand the importance of evidence: the collection of facts upon which your claim is based. Few people fully appreciate the importance of evidence in motor vehicle accident cases. In addition to determining at-fault parties and showing the extent of your damages, evidence can help a claim resolve more quickly.
Evidence gathering begins in the moments after the accident. It is never too early to start documenting the accident scene as thoroughly as possible. This could include, but may not be limited to:
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Call 911 if you are seriously hurt: Recordings of the 911 calls can be obtained after the crash and provide insights into how you were doing at the time just following the crash. Don't call 911 if they aren't needed, but if you are seriously hurt, make sure you get assistance immediately.
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Take an ambulance if you are seriously hurt: The most common reason seriously injured people don't take an ambulance is that they don't know how they can pay for it. Many people don't know this, but Oregon law requires that your Oregon insurance policy must cover up to $15,000 of care. This means if you are seriously hurt, your own insurer will pay for your ambulance. Similarly they will pay for an ER visit, up to the maximum of your personal injury protection insurance (usually $15,000, but sometimes more depending on your auto insurance.)
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Provide a Statement of the Facts: Let the police or other emergency response team know what happened. This will, hopefully, become part of a record that will state how the crash occurred.
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Witness Statements: Collect contact information from any witnesses and, if possible, get them to provide statements to the police.
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Photographs: Take pictures of the vehicles, injuries, road conditions, traffic signs, and any property damage.
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Police Reports: Obtain a copy of the police report, as it can provide an unbiased third-party account of the incident.
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Dash-Cam Footage: If you have a dashcam in your vehicle, make sure to preserve this video, as it will provide crucial evidence in proving your claim.
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Business Video: In some cases involving serious injuries, it is important that you, your family, or a lawyer contacts businesses in the area of your crash as quickly as possible. We have seen cases where video from a business near the scene of a crash has incredible evidence that helps settle any disputes about who is at fault, and how hard you got hit.
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Medical Records & Expenses: Keep copies of all medical documents, bills, prescriptions, and receipts for any related expenses, such as transportation to medical appointments.
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Time Loss or Wage Loss Documents: If your injuries have caused you to miss work, you may be entitled to compensation for lost wages. Make sure you get a doctor to authorize the time loss based upon your injuries and your job. Also, make sure you keep documentation from your employer detailing the amount of time you’ve missed, your rate of pay, and any other work-related losses. This is crucial evidence to prove your wage loss. This is an important part of your claim and impacts the settlement offer or jury verdict.
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News coverage: In some cases, our clients injuries are covered on the news or on an internet site. If there are pictures or videos of the crash please save the photos, video, social media posts, and web site links.
Some cases may involve additional evidence gathering. Complex, multi-defendant, and/or high-value claims may require the use of an accident reconstructionist to show how the crash occurred. Depending on the type and extent of your injuries, you may need to get additional medical examinations from specialists to prove your damages.
Gathering Evidence in Trucking Accidents
Truck accidents often require extensive evidence gathering including system control modules, GPS data, collision avoidance technology and telematic systems. If you have been injured in a trucking accident, call our Portland truck accident lawyer for your free consultation: (503) 227-1233.
Stay Off Of Social Media
There is a saying amongst great trial lawyers; "If you are my client, you are not on social media." Social media posts now destroy more personal injury cases than any other factor.
Settling your car accident case requires discretion—and speaking to friends, neighbors or social media acquaintances about your injuries will not work in your favor. Insurers will spy on your social media and use your posts against you in your claim, both in determining a reasonable settlement and if the case doesn't settle they will use it against you in trial.
Anything you post on social media about the accident can be legally discovered and used against you—and yes, defense attorneys will be looking at your social media accounts for any evidence that contradicts your claim. Even seemingly harmless posts or photos could be used against you to argue that your injuries are not as severe as claimed. The best approach is to avoid posting about your accident or your recovery altogether. For clients who don't take our advice, they find themselves handing over thousands of personal pictures, videos, and social media posts.
Seeking immediate medical attention, gathering evidence, consulting an experienced car accident attorney will significantly increase your chances of receiving full compensation on your accident claim. At Dr. Aaron DeShaw, Esq., P.C., we strongly caution anyone from posting about their accident injuries on social media until their case has been fully resolved.
Speak to a Motor Vehicle Accident Attorney
Most car accident claims are settled without going to trial, but the insurers track which lawyers settle every case and offer their clients lower settlement offers. Hiring a lawyer that is prepared to file a lawsuit and go to trial if the settlement offer isn't enough, gives you the ability to get fair compensation that is often denied to many injured people who hire a settlement lawyer. Insurance companies are more likely to offer a fair settlement if they know you’re willing to take the case to court—and hiring a dedicated trial attorney, even during pretrial negotiations, may be enough to help resolve your claim fully and fairly.
How do you know if a lawyer goes to trial or settles every case? Look at their law firm web site results page and see if they discuss trial verdicts or arbitration awards, in addition to settlements. The quality of lawyers is based upon the outcomes they obtain for their clients. So, compare the case outcomes by one law firm to those of another before you decide on a law firm to handle your car accident case. For lawyers who handle a small number of high value cases for seriously injured people, they will not have the same number of Google reviews as a lawyer who handles thousands of small cases at the same time, so in this case the number of Google ratings or Yelp reviews may misrepresent who the best choice is for your case.
What does a motor vehicle accident attorney do?
An experienced auto accident lawyer will:
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Discuss your claim during a free consultation. This includes your future medical expenses, lost income, and pain and suffering. What you will find, however, is that many of the lower quality lawyers will make big promises on the expected settlement value and then not deliver anything close to that number. You will often find that higher quality auto accident lawyers do not discuss expected settlement value early in your case because not enough is known about the costs of care, wage loss, or future personal and financial losses because they are unknown until you have more care. It is only once you near completion of your care will the lawyer have a better idea of the full and fair value of your case.
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Collect and present evidence to build a strong case on your behalf.
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Write a demand letter to the insurer to settle your case. The quality will depend heavily upon the quality of your lawyer. This is the most important step in settling your case. Our firm uses a special method of writing demand letters created by Aaron DeShaw based upon his extensive research into insurance claim software, combined with his knowledge on traumatic injuries from his time as a Doctor of Chiropractic.
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Negotiate effectively with the at-fault driver’s insurance company to resolve your claim.
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File a claim on your behalf within the state’s statute of limitations. In Oregon, you have two years to file a claim.
Attorneys who specialize in car accident claims can significantly increase your settlement amount; insurance companies often try to minimize payouts, but with legal representation, you're less likely to be taken advantage of.
The Insurance Research Council reports that claims with legal representation receive settlements nearly 3.5 times more than unrepresented claims, and that 85 percent of bodily injury insurance payouts went to individuals who are working with law firms to resolve their claims.
IMPORTANT: Never accept the insurance company’s first offer without consulting with an experienced attorney.
Insurance companies often offer a quick, “low-ball” settlement in the wake of an accident. These are sometimes called "fast track" settlements in the insurance industry. They are offered to people for their "inconvenience" often before the injured person understands the impact of their injuries. Or, in some cases they are offered to people while suffering a brain injury or being under the influence of medications and not thinking clearly.
This fast low-ball tactic lets insurance companies—and defendants—off the hook without paying the full, fair value of your claim; you can’t reopen a claim once it’s settled, and low-ball claims will not account for the costs of long-term medical care, rehabilitation, or emotional distress. Never rush into a settlement until you have a clear picture of the full scope of your damages. In Oregon you have two years to settle your car crash case, and in Washington you have three years. Take the time to understand the full impact of your injuries before you settle your case.
Motor vehicle accidents will always introduce an added level of stress and complexity to your life. Resolving your claim for its full value starts with a free consultation about the accident and your injuries. To speak to a motor vehicle accident lawyer about your claim, contact us today at (503) 227-1233 for a free consultation.
About Aaron DeShaw
Dr. Aaron DeShaw has been a practicing attorney for more than 20 years. A former Doctor of Chiropractor, Dr. DeShaw specializes in cases involving catastrophic injury, including traumatic brain injuries. Over the course of his practice working on everything from motor vehicle accidents to national class-action cases, Dr. DeShaw has recovered more than $1 billion in damages on behalf of injured people. He has the highest compensatory damage jury verdict in a personal injury in Oregon history. He is one of less than 100 Oregon lawyers and judges selected to the American Board of Trial Advocates. He is also recipient of the Oregon Trial Lawyer Association Presidents Award. He is licensed to practice in Oregon and Washington.