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Frequently Asked Questions
If you have been seriously injured you will need a lawyer. The sooner the better. Our court system and insurance industry is set up so that the people who need to pay for your medical and pay for your injuries on not on your side. Even your own insurance company will do what it can to keep from paying you for some of your medical bills, wage loss, or damages to your car. Insurance is a major factor in all kinds of injury or wrongful death cases caused by car accidents, job-site injuries, nursing home injuries, animal or dog attacks, and many other types of accidents. You will need an experienced attorney to help. Sometimes the insurance adjusters you have talked to will tell you that you don't need a lawyer. Wrong. They are telling you this so that can settle your case for less money and they don't have to face us. If they tell you this: stop taking their calls and call us right away.
In most cases we do not charge any fees unless we get you a settlement or win the trial. This is called a contingency fee. We will get paid a percentage of the money we recover for you. However, we do not charge any fees to help get your car repaired, calculate the value of a totaled car, or to get your Personal Injury Protection benefits (PIP) set up if we are already handling your case. We also do not charge for initial consultations for cases we handle on a contingency fee.
No. In most cases our office will advance all of the expenses of handling your case. We will pay for everything related to your case as we investigate, analyze, and even take your case to trial. The amount needed for each case can vary greatly but we are very concerned about keeping expenses low as you must repay these expenses out of your settlement or trial proceeds. These expenses will be repaid by you at the end of the case. Because of this we will keep you up to date on all of our expenses and will discuss with you the need for different expenses. The typical things we spend money on in your case will be on an investigator to contact and tape record statements from witnesses. We request copies of your medical records. We will get a copy of any accident reports or investigative reports. Sometimes when we call your doctors to discuss details of your injuries or treatment they will charge us for their time. In some cases we will hire experts to analyze certain aspects of your case. They will charge us for their time as well. There will be no surprises at the end of your case. We work closely with our clients and make sure they understand exactly what we are doing and why.
Every Oregon auto policy have uninsured motorist coverage (UM), as well as underinsured motorist coverage (UIM) if the other person does not have enough insurance for your injuries. In these situations you will have a claim against your own insurance. Your insurance company cannot increase your rates just because you are making a UM or UIM claim. If they do we will help you file a complaint against them. UM and UIM coverage is very complex and has some unusual pitfalls. In these cases it is important that you hire a lawyer to guide you through the process. In Oregon your UM and UIM insurance limits are typically the same as your liability limits that would be used if you were at fault. If you didn't have insurance when the accident happened your rights may be seriously affected. However, if you have had auto insurance within six months of the accident you will still have all of your rights. If you did not have coverage within the last six months you can still get your medical bills paid, your car repaired or get compensated if your car is totaled.
One of the most difficult things about being injured is the inability to work. If you were hurt in an auto accident we can help you with your wages by helping you make a claim for personal injury protection coverage (PIP) from your insurance company. This coverage is a requirement in all Oregon auto policies. Generally you can get benefits up to 70% of your pre-tax wages or $1,250 per month which ever is less. This benefit is available for one year or fifty-two weeks depending on how your policy is written. You may have more coverage. We will investigate this for you and help you obtain the maximum benefits available. If you were hurt on the job you will have worker's compensation benefits to help pay your wages. This is a very complicated system. Two of our attorneys do primarily worker's compensation cases. Please call us right away. You may also qualify for short-term or long-term disability insurance benefits through a private policy of your own or through a group policy at work. Finally, if you have become totally disabled, whatever the reason, you may qualify for social security disability benefits.
In most cases you will have a claim for your entire out of pocket expenses and for your pain and suffering. Out of pocket expenses includes medical bills even if they have been paid by your auto insurance company or health insurance. You will also have a claim for your lost wages and any expenses you incur as a result of your injury. This can be mileage, lost tuition, lost deposits for trips, etc. Your claim for pain and suffering is harder to describe. But we will work with you to get a full understanding of how your injury has affected your life. We will then use that information to maximize the benefits you are entitled to. Depending on the case there also may be claims on behalf of your spouse or the relatives or beneficiaries of a decedent. Punitive damages may also be a component of your case if you were injured as a result of an intentional act or someone's reckless behavior.
Our firm has a primary of focus of handling injury cases. We handle auto accidents, job-site injuries, wrongful death cases, brain injuries, paralysis, quadriplegia, fall/slip/trip injuries, motorcycle accidents, trucking accident, plane crashes, train accident, nursing home negligence, defective products liability, professional malpractice, animal and dog attacks, assaults, insurance claims of all kinds, social security disability, and worker's compensation among others.
We don't know. We believe in giving you good advice you can count on. After we have reviewed all of the information in your case we will give you an accurate estimate of what you case should settle for. You will always get our best advice, even if it is bad news. You hire an attorney for advice and expertise: not to give you exaggerated guesses to get you to hire the attorney only to give you the real information when you are fully committed to an expensive lawsuit.
Probably not. The vast majority of cases in Oregon, Washington, and those we handle will settle. It is our goal to maximize your recovery and minimize the time, hassle, and expense needed to achieve your goals.
It depends on how long it takes for you to recover from your injuries. In you typical car crash case once you have recovered it will take an additional couple of months to complete the process of analyzing your case and negotiating with the insurance company. In more serious cases involving permanent injuries, brain injuries, paralysis, etc, it may take longer to complete the process of analyzing the case. If a lawsuit is filed it may take up to a year or slightly longer to resolve your case. This is actually quite good in legal terms. The Portland metro counties are some of the most efficient in the country.
In an auto accident case your own auto insurance will pay for your reasonable and necessary medical expenses as a result of your injuries caused by the accident. Most people of $15,000 of this type of coverage although you may have more. In addition this benefit available through your "no-fault" coverage called personal injury protection or PIP is available for one year after the accident. Unless you purchased additional coverage to extend the time period. After the first year, or when PIP expires, or if PIP cuts off your benefits, you may use your health insurance in most situations. Like your auto insurance your health insurance will have a right to get their benefits reimbursed by the insurance company for the person at fault for causing your injuries. In a Worker's Compensation case your expenses are covered by the insurance company for your accepted claims. Although this is an area where the insurance companies try to trick the worker. They may not accept all of your injuries caused by the on the job injury. Once certain deadlines pass they may not have to pay for additional treatment or give you other benefits you are entitled to.
Yes. When you come in to have us review your case you will meet with a lawyer. We also have highly experienced legal assistants who are always available to assist you when the attorneys are in a hearing, court, or meeting with other clients. However, the attorneys in our firm are involved in all of the details of your case and will always return your calls and answer your questions.
Now!
Guinn & Munns
(503) 655-3796
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