Cheap Car Insurance 7 Years No Claims

Who pays the costs and expenses of the case?   We normally advance all the costs and expenses, and then we are paid back out of the settlement.  In some cases that may not be true, but if you have a good case, and can’t afford the costs and expenses, we advance those.

Can you advance money from my future settlement to pay bills or wages?  No, attorneys are not ethically allowed to advance money to the client.  We can work with doctors to get them to hold off on collection, and we can make sure that all your claims for PIP or other no fault insurance are processed quickly.

If you can’t handle my case, who will?   I handle most types of injury cases, but if it’s a type I can’t handle, I will refer you to a number of other competent attorneys.

Can I research the law and handle my own case?   You can.  It requires careful research of the law, a high degree of organization, and a good street sense of how injury cases are handled successfully.  There are a lot of pitfalls, and many mistakes that can cost you your whole case.  Check the legal links on the website in the left border area.  I made a lot of mistakes the first half of my career, and hopefully I won’t make those again.  You’re better off with a lawyer.

Are there time limitations on bringing a case?   Typically, in Oregon, injury cases must be settled or filed in court within two years.  Wrongful death cases must be filed or settled within three years.  There are hundreds of exceptions under special circumstances, and there are a lot of time deadlines that run much faster.  Go to a lawyer right away so you don’t miss one of them.

Do I have to go to court, or will my case settle?  Most cases, over 90%, settle without going to court.  We wait until you are medically stationary, that is your healing has occurred or plateaued, and then we gather all your records and bills, and make a comprehensive settlement proposal to the insurance companies.  Bargaining occurs.  If necessary we file your case in court.  Still, most of those settle.  It take 10 to 14 months to get to trial after filing in court.

If I have a bad injury, what happens if the other guy doesn’t have enough insurance?    You should make sure you have good health insurance if you can afford it.  Similarly, you should make sure you have high limits of uninsured motorist coverage, or underinsured motorist coverage.  That pays you from your own policy if the other guy doesn’t have enough insurance.  A disabling injury can be worth a million dollars, or many millions of dollars.  You should have a million dollars or more in UM/UIM insurance, if you can afford it.  Look into umbrellas.  If the other side has lots of real property or money in the bank, those assets may be available to pay you compensation.  Sometimes, if insurance companies act in bad faith, they may have to pay more than their policy limits.  We fight for you to get the most we can.

If the lawyer takes 1/3 of my settlement as a fee, is it really worth it to hire a lawyer?    Not always, but usually.  Sometimes, an insurance adjuster will offer you a fair amount, or the insurance is so low that they pay it all immediately.  In those cases, we’ll tell you so, and advise you to take the offer without taking a fee.  Usually, though, we can maximize your settlement and get you substantially more than the adjuster offers.  Insurers often delay, and lowball you, and try to get you to take substantially less than your case is worth.

How do you figure out how much my case is worth?    There is no set way to determine case value.  I look at the amount of treatment you have, the fault of the other guy, the disability you are left with, and how good an appearance you make.  The value is determined, then, through a lot of experience, a lot of trials tried and observed, and thousands of settlements in the past.  We try to not leave money on the table.

If  I don’t have health insurance, how will I get treatment until my settlement comes through?   Some health care providers including board certified medical specialists, hospitals, MRI centers, pharmacists, etc. are willing to provide health care services to our clients on a lien. They will wait until the conclusion of the case to get paid. Many of our clients choose this option even if they have health coverage with an HMO or PPO. An HMO or PPO is also entitled to be paid back from the proceeds of your case which means that obtaining private health care on a lien is an attractive option. Therefore, the choice of medical providers becomes what is most convenient for you and where you will get the best case.

How long does it take to get a settlement?    The more serious the injuries, the longer it takes for them to heal.  We need to make sure that all complications have come and gone, and that you are healed or plateaued.  This can take 3 to 18 months.  We must settle before two years, usually, or file the case in court.  If the case goes to court, it still can settle.  If it goes to trial, it usually takes 10 to 14 months to get to trial after filing in court.

Can I settle with the insurance company for my car repairs before I settle for my injuries?    Yes, usually.  If liability is clear, the insurance company will settle with you on your car, and we normally do not take a fee from that if it goes smoothly.

If I fall at a business or on someone else’s property, do they automatically have to pay me for my injuries?    Not automatically.  The business or property owner must be negligent or at fault for your injury.  Did he or she fail to make reasonable repairs?  Did you fall on a foreign substance that should have been cleaned up?  Did he leave obstacles on the floor that you tripped over?  All situations are unique.  If you fall, you need to observe the reason so you can tell me about it when you call.

 If a product is defective, or malfunctions, causing injuries, who is responsible?  Usually, the product manufacturer, but often the wholesaler or retailer can be responsible, too.  This differs from Oregon to Washington.

Who chooses the body shop for my car repairs, me or the insurance company?   You can choose your own shop.

The insurance adjuster wants to take a recorded statement.  Should I do that?  That’s not a good idea.  You can say things that hurt your case later, not realizing the law, or how the facts apply to the law.  Talk to me first, and we can decide if you should give a statement to the insurance adjuster.

Why I should I choose you to represent me instead of other attorneys?  I’ve been doing this since 1978, and my practice has always been limited to trial work, and handling claims like yours, on both sides.  I’ve defended and plaintiffed, so I know both sides of the fence.  I’ve settled thousands of cases, and I know the tricks and traps that less experienced lawyers have yet to learn.  My peers, other lawyers, have voted me into Superlawyers and Best Lawyers in Oregon, and America.  I was asked to join the American College of Trial Lawyers, limited to the top 1% of attorneys, as well as the American Board of Trial Advocates.  The American Trial Lawyer Association has named me to the top 100 trial lawyers in Portland.  I’m not overworked, and I can return your calls and e’s right away, and take the time explaining matters to you so you don’t feel in the dark.  Insurance people and defense lawyers know me, and they know I can win in court, so you can get the best settlement possible.   We can decide if we like each other, and if I’m the lawyer for you.  Call me.

If I have no liability insurance on my car, can I still make a claim for my own injuries?   This is a complicated area of Oregon law, and we need to talk about it.  It may limit your ability to get pain and suffering damages, but there are many exceptions to this rule.  Call me and we can explore the problem and find a solution.

If I am at fault for the accident can I still collect for my injuries?   In most cases, if the other guy is more at fault than you are, you can still recover.  Your recovery may be reduced by your percentage of fault.  If there are many people at fault, complicated formulas apply.

If I hire an attorney, will it take longer to settle?   No.  But insurance companies will try to pressure you to settle too soon, for too small an amount.  We settle when the time is right, and when you know the  extent of your injuries and disabilities, and when you know how much work you have lost.

The insurance company wants to have their own doctor examine me. Should I do that?   Not right away.  This can be a damaging event.  We’ll talk about when it should occur, and whether you need to have a witness attend with you.

If I lose time from work, is that part of my damages?  Even if I get sick pay?   Yes, even if you get sick pay, you are entitled to recover for the time you lost from work.  You should not have to use up sick pay or vacation time when your injuries were someone else’s fault.

In a traffic accident what if the other side has no insurance?    You can collect from your own insurance if you have adequate underinsured motorist coverage.  Check your policy and talk with your agent.  You need adequate health insurance, if you can afford it, so you will have ways to pay your doctors.  Your auto insurance must have PIP coverage, or no fault, to pay for at least the first $15,000 of your bills, and it will pay you a  wage stipend if you are off more than 14 days.

I had earlier back injuries.  Does this mean I can’t recover for new injuries?   No.  The other side takes you the way they find you.  If you have a weakened back from injury or disease, your damages may actually be larger.  Sometimes it can be difficult to separate new injuries from old conditions, but I have a lot of experience reading medical records and working with doctors to make these distinctions.  Let’s talk about it.

How do we determine who is at fault for the collision?   This is a question of fact for the jury, but we try to figure that out ahead of time by looking at all the facts.  We review the police report, look at the scene, interview witnesses, and examine the vehicles.  Cell phone records, vehicle black boxes, and various surveillance cameras can tell us a lot.  Our firm has a lot of experience in solving these problems and giving you a good idea of where you stand.  If you are in an accident, you should make sure you keep track of witnesses and their contact info.

Call me at 503.973.0672, or e me at jkitchel@cablehuston.com.   Don’t wait.  Your rights may be disappearing.