Seeking Recovery After a Car Accident
Our Eugene, OR, car accident lawyers understand car accidents can be traumatic, even if injuries are not serious. With mounting medical expenses, car damage, and less income coming in because you cannot work, the time after an accident is stressful. You might even lose the ability to enjoy family events and activities, or you might have lost a loved one in a car accident.
Additionally, car accident claims can be complex, especially if more than one party is responsible for your injuries or the death of a loved one. Insurance company representatives will take every step they can to cut their costs and encourage you to settle for the lowest amount possible. An experienced attorney with deep knowledge of Oregon laws can address every element of your claim to ensure you get the compensation you are due.
If your Eugene car accident claim becomes a lawsuit, the level of complexity increases. Even when the car accident involves you and just one other person, there may be the defendant, his or her insurance company, the defendant’s attorney, and the insurance company’s attorney involved in the case. Contact Strong Law Accident & Injury Attorneys today.
What to Do After a Car Accident
Sometimes after a car accident, your injuries prevent you from doing anything. However, if you can move around without causing further injury, you should take several steps while you are still on the scene:
- Take photos of the accident scene. Be sure to get pictures from all angles, and be sure the images are clear. Also get photos of any damage to the road and nearby property.
- Obtain contact information from others involved in the accident, including passengers. Obtain the drivers’ insurance and registration information.
- Obtain a good contact number and / or email for any witnesses. You can also ask witnesses what they saw. Be sure to take notes. Their initial observations could be helpful to your case.
- Let the emergency medical technicians check you over even if you think your injuries are minor.
Once the police release you from the accident scene, seek medical attention as soon as possible. Even if you believe your injuries are minor, you should get them examined. Some injuries do not manifest for hours or even days after the accident. Also, there is a document you must file with the state. In Oregon, you must file a Traffic Accident and Insurance Report within 72 hours of most types of car accidents.
Don’t wait to contact our Eugene, OR, car accident attorneys at Strong Law for a free case evaluation. We will explain what you should and, more important, what you should not say to insurance company representatives. Once you set up your appointment, you can also contact the insurance company to notify it that you were in an accident. Only give the insurance company your name, the other driver’s policy number, the date and location of the accident, and your attorney’s contact information.
Gathering Evidence
After the accident, if you are able, you should retrieve a copy of the police report and any medical records. If you can bring them to the free case evaluation with our Eugene car accident attorneys, we can better evaluate your case.
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Proving Negligence in Your Eugene Car Accident Case
When someone is not careful enough and causes a car accident, his or her actions or inactions could be deemed negligent. A negligent person that causes accidents has a legal duty to pay for the injured person’s damages. An example of negligence might include running a stop sign and causing an accident.
Gross negligence is when a person has a reckless disregard for the safety of others. Examples might include driving under the influence or speeding through a street with lots of pedestrians or bicyclists. Even driving while distracted, such as texting while driving, could be considered gross negligence.
Our car accident lawyers in Eugene, OR, understand how to prove that another’s actions or inactions were negligent. Negligence has four elements:
- The defendant had a legal duty to others.
- The defendant breached his or her legal duty to others.
- The plaintiff – you – suffered an injury as a result of the defendant’s breach.
- The defendant’s breach caused you to suffer damages.
Communicating with Insurance Companies
Many people are tempted to either settle their cases themselves or to give the insurance company a statement. However, insurance companies are in business to make money. Every claim they pay out, regardless of how small, decreases their profits.
Insurance companies have several strategies they use to try to blame to you for the accident so they can deny your claim – or offer a pittance that might not cover your medical expenses, never mind the rest of the damages that you deserve. They may twist what you tell them to make it appear you were at least partially at fault for the accident.
Your best option is to talk with our Eugene car accident lawyer before you speak with the insurance company. We can handle the communications on your behalf and prevent issues that arise related to any statements you could make to them.
Another advantage of working with our team is that you are more likely to get a settlement offer that is appropriate. Insurance companies know we do not shy away from litigation. If they don’t give you a settlement offer that compensates you fairly for your injuries and losses, we will take the insurer to court rather than take a low-ball settlement. When an insurance company has to defend a case in court, their costs increase quickly, so it is in their interest to negotiate fairly and give you the compensation you deserve in a settlement offer.
Recovering Future Damages Related to Your Car Accident
In some cases, people try to represent themselves in settlement negotiations. Once the insurance company gets you to settle, you can no longer go after the insurance company for additional medical expenses. In some cases, it might take two or more surgeries to repair injuries from a car accident. If you sign a settlement with the insurance company, you might not have enough money to cover the additional surgeries. This is why it is important to work with our car accident lawyers in Eugene, OR, to help you with your case.
Our car accident attorneys have years of experience with reviewing medical documents and helping people with similar injuries. We work with medical professionals to understand whether you might require additional medical care and what the associated costs may be. We also work with medical professionals to help determine whether you will require physical therapy, occupational therapy, or even cognitive and other psychological therapies because of car accident injuries.
If you are receiving therapy now, your therapist can give us a good idea of how long you will require these therapies, which helps us determine a fair and reasonable settlement amount. Additionally, if the type of injuries you suffered in the car wreck typically require physical and / or occupational therapy, we can also have medical professionals testify as to the average length of time people with the same types of injuries need to recover.
Determining future medical expenses is difficult, at best. If you try to settle a case on your own, you have a high risk of not getting the compensation you deserve, including the medical expenses, lost wages and pain and suffering.
Recoverable Damages After a Car Accident
Our car accident lawyers in Eugene, OR, can help you recover damages after a car wreck. We will negotiate skillfully on your behalf to get you all the compensation you are due for your injuries and losses. If the settlement amount is not appropriate, we can take your case to trial. In a car accident case, the court orders compensatory damages – economic and non-economic damages – in an attempt to make you whole again. The court orders punitive damages to punish the defendant’s grossly negligent or intentional actions or inactions.
Economic Damages
Special damages, sometimes called economic damages, have a monetary value and include:
- Past medical expenses for those incurred in the accident and prior to a settlement or a trial award.
- Future medical expenses for those incurred in the accident and after a settlement or a trial award. Past and future medical expenses also include costs for physical therapy, occupational therapy, and cognitive and other psychological therapies.
- Past lost wages for those you lost from the time of the accident until you settle or receive a trial award.
- Future lost wages for those you lost because of accident injuries or disabilities that continue after a settlement or a trial award.
- Replacement or repair of destroyed or damaged personal property, including personal property inside your vehicle that suffered damage, such as computers and clothing.
- Funeral, burial and / or cremation expenses.
Non-Economic Damages
General damages, sometimes referred to as non-economic damages, do not have a monetary value and include:
- Pain and suffering, including emotional distress.
- Loss of quality of life if your injuries cause long-term or permanent disabilities that require medications, ambulatory aids or other medical changes for the rest of your life.
- Loss of companionship if you can no longer enjoy family time, including family events and activities.
- Loss of consortium if you can no longer have a physical relationship with your spouse.
- Loss of use of a body part such as a hand or a leg.
- Loss of use of a bodily function such as your bladder, bowels or eyesight.
- Amputation of a limb or digit.
- Excessive scarring and / or disfigurement.
- Inconvenience if you have to hire someone to do chores such as grocery shopping, home maintenance and repair, lawn maintenance and house cleaning.
Punitive Damages
To collect punitive damages in Oregon, which is a punishment for the defendant, you must show that the defendant’s actions or inactions were grossly negligent or intentional (Or. Rev. Stat. § 31.730). While asking for punitive damages increases the time you need to wait to obtain compensation after a car accident, sometimes it’s worth the wait. This is especially if your doctors expect your injuries to cause long-term or permanent disabilities. While the court does not order this compensation to cover specific costs, nothing states that you cannot use it for medical expenses and other expenses related to the accident, including lost wages.
If you believe you should recover punitive damages, you should retain a car accident attorney in Eugene. The process of proving gross negligence or intent is complicated and requires detailed knowledge of Oregon laws. Our team in Eugene, OR, can skillfully argue why your case merits punitive damages and will ensure that you receive full compensation for all damages related to your car accident.
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Compensation For Mental Anguish After A Car Accident
When someone is involved in a car accident, our Eugene, OR car accident lawyer knows that the impact often extends beyond physical injuries. Emotional distress, anxiety, and other psychological challenges can take a significant toll. Understanding how to seek compensation for mental anguish is important for those facing these struggles. We helped one car accident client win $1.1 million for their claim. Below are common questions people have about pursuing these types of claims.
Can I Recover Compensation For Mental Anguish After A Car Accident?
Yes, it is possible to recover compensation for mental anguish following a car accident. Emotional distress can be just as damaging as physical injuries, affecting your ability to work, maintain relationships, and enjoy daily activities. Documenting your symptoms, seeking medical care, and working with an attorney can help support your claim for damages related to mental anguish.
What Evidence Do I Need To Prove Mental Anguish?
Our Eugene car accident lawyer knows that proving mental anguish often requires documentation that outlines the emotional effects of the accident. This may include medical records, counseling reports, testimony from mental health professionals, and statements from friends or family who have witnessed changes in your behavior. Keeping a journal that tracks your emotional struggles can also strengthen your case.
How Does Mental Anguish Compensation Differ From Pain And Suffering?
Mental anguish refers specifically to the psychological impact of an accident, such as anxiety, depression, or post-traumatic stress. Pain and suffering is broader and may include both physical discomfort and emotional distress. While these terms are sometimes used interchangeably, mental anguish focuses more on the emotional toll, whereas pain and suffering can address a combination of both.
What Types Of Mental Anguish Can I Claim After A Car Accident?
Several forms of emotional distress may qualify for compensation. Common examples include anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD). Emotional struggles that affect your ability to focus, maintain social connections, or perform daily tasks may also be considered. Providing medical records and professional evaluations can help support your claim.
Do I Need An Attorney To File A Mental Anguish Claim?
While it is possible to pursue a claim on your own, working with an experienced personal injury attorney can improve your chances of receiving fair compensation. An attorney can gather evidence, negotiate with insurance companies, and present a clear argument for why you deserve compensation for mental anguish. We can guide you through the process and help you build a solid case.
Get The Right Help Today
Recovering compensation for mental anguish after a car accident can help you address the emotional and psychological toll of your experience. By gathering strong evidence and working with a qualified attorney, you can seek the financial support needed to focus on your medical and mental recovery. Our firm has 4.9 stars on Google reviews, so trust us with your case. Speak with our Eugene car accident lawyer from Strong Law Accident & Injury Attorneys today.
Strong Law Accident & Injury Attorneys, Eugene Car Accident Lawyer
590 Pearl St, Suite 390, Eugene, OR 97401
Contact Our Eugene Car Accident Lawyer Today
Don’t leave your future to chance. Get the best possible outcome and all the compensation you deserve. Call our Eugene, OR, car accident lawyers at Strong Law at 206-737-7108 for a free case evaluation.
Eugene Car Accident Statistics
According to the most recent report from the NHTSA, there were 42,795 car accident fatalities in 2022, a 0.3 percent decrease from 2021.
- Drunk driving: Drunk drivers cause an average of 10,850 fatalities every year. In 2021, there was a 14 percent increase in drunk driving fatalities over 2020, with 13,384 drunk driving-related deaths.
- Lack of seatbelt use: Of those fatally injured in a passenger vehicle, 44 percent of drivers and 41 percent of passengers were wearing their seatbelts.
- Speeding: 29 percent of motor vehicle crash deaths in 2021 involved speeding.
If you have been injured in a crash, make sure you have a skilled car accident lawyer advocating for you.
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Gather evidence, interview witnesses, and assess the circumstances surrounding the accident to establish facts and liability.
Determine the extent of damages, including medical expenses, lost wages, and pain and suffering.
Engage in discussions with the opposing party or insurance companies to reach a fair settlement outside of court.
If negotiations fail, proceed to court where legal arguments and evidence are presented before a judge or jury for a final decision.
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Prior to representing accident victims, Jed worked for GEICO insurance company as one of its in-house attorneys – representing the insurance companies. After learning the inner workings of insurance companies, he quit and began representing accident victims.
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