Injury Lawyer Blog

Premises Liability Injuries

What is “Premises Liability”?

A premises liability claim is simply a claim against the owner of property for injuries that occur on property due to a hazard existing on the property. It could be a slippery floor, ice on a walkway, a defective staircase, a railing that was not up to code. It could be a tripping hazard such as a cable or cord on the floor, or a hole in the ground. The examples are almost endless. Basically, the owner or occupier of the property is liable for hazards on their property that are likely to cause injury to persons lawfully on the property.

The law imposes a duty on property owners to keep their property reasonably safe for persons lawfully on the premises with their express or implied permission.

The reason you were on the property is an important consideration to the nature of the duty owed by the owner in the event of an injury. If you are on the property at the express or implied invitation of the owner, the owner owes you a duty of due care. If the owner stands to profit from your presence on the property, such as a restaurant or store, the owner is charged with a duty to inspect and eliminate potential hazards, or to warn the customer. An example of this may be a caution sign that the floor is wet.

There are many, many case decisions detailing the various considerations that define your legal status on the premises, as well as the duty the owner owes to you based upon your legal status on the property.

Protect Your Injury Claim

If you have been injured on business premises, it is important to notify a manager at the store that you have been injured. Most big stores like Home Depot, for example, have forms for customers to report how the injury occurred and what injuries was caused in the incident.

If your injury was caused by a wet floor, take a picture of it if you can. If your injury was caused by a trip hazard, take a picture of it.

What To Expect

If you have ever been hurt in an accident, you have probably had the experience of getting a call from an insurance adjuster to take your statement. Accident victims in premises claims arising in a commercial establishment are often asked to make a written statement about the incident at the time of the accident before leaving the store. This is common practice in big box stores such as Home Depot, Fred Myer, Kohl’s. etc. Insurance companies know the value of getting statements and collecting evidence to arm themselves with in the likely event of an injury claim. Meeting with an attorney of your choice as soon as possible is important for the same reason. An early investigation into the circumstances of the accident by someone on your side is the best way to ensure the evidence needed to prove your claim is collected and preserved. 

Free Consultation- Know Your Rights

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn. I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

PIP Coverage Issues

Personal Injury Protection

Personal Injury Protection (PIP) coverage is no-fault insurance coverage for injuries and lost income arising from an automobile accident. Every policy of private car insurance is required to have PIP coverage. PIP insurance covers up to $15000 in medical, dental, hospital, surgical, ambulance and prosthetic services, and 70 per cent of your lost income, if your disability from work due to your injuries lasts at least 14 days. The maximum benefit for lost income is $3000 per month, for 52 months aggregate. It is called “no-fault” because whether or not the accident was your fault, you are still entitled to PIP benefits so long as your injuries arose from the car accident. Fault is not an issue.

If you are injured in a car crash, the insurance policy covering your vehicle, or the policy covering a vehicle of a family member in your household, will provide PIP benefits for your injury treatment and lost income. If you, or no one in your family owned a vehicle and you were injured as a pedestrian, PIP benefits are available after your primary health insurance, or government benefits have been exhausted.

If you were injured in a car crash, you should receive an application for PIP benefits from the liability insurer covering your vehicle. Be sure to fill this out, sign it and send it back to the insurance company as quickly as you can, If you have any questions about the application, feel free to call me (971-727-9226) and I would be happy to answer your questions.

Insurance companies have walled off, separate departments and adjusters who cover liability coverage claims, property loss claims and PIP claims. If you receive PIP benefits, the PIP adjuster is entitled to review all your injury treatment records and bills to ensure that your treatment is related to injuries caused by the accident and the treatment bills are reasonable. If the adjuster becomes concerned that you are over-treating, they may ask you to submit to an Independent Medical Exam (IME). You are required by law to cooperate with reasonable requests for an IME. If you refuse to cooperate without cause, your benefits may be cut off.

If you have been asked to undergo an IME, give me a call. I am happy to help.

Navigating the insurance landscape can be confusing and stressful. Your Troutdale Injury Lawyer can guide you along the way so that you get all the benefits you are entitled to.

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

Injured in a Car Crash: What do I do?

I was injured a car crash that was not my fault. What do I need to do?

To Do List After a Car Crash

  1. Get the name, address and contact information of the at-fault driver.
  2. File a crash report with the Oregon Department of Motor Vehicles.
  3. Get the insurance information for the at-fault driver’s vehicle. Insurance follows the car. If a car is being lawfully operated on a public highway in Oregon, the law requires that it be covered under a policy of liability insurance. Get the name and phone number of the insurance agent for the company that covers the vehicle. This information is typically on the insurance card that most drivers carry with their registration.
  4. Time is of the essence. You have two years to file a claim. If you were injured in a car crash , you should know that you have two years from the date of the crash  to file a lawsuit against the driver that caused the crash , or your claim is barred. If you are treating for serious injuries, two years can pass quickly.
  5. Was the car you were driving, or a passenger in, covered by liability insurance? Unfortunately, people often drive cars that are not covered by liability insurance, even though that is against the law. If you were injured in a car crash  and the vehicle you were in was not covered by liability insurance, you may be limited in the damages you can recover. Specifically, in Oregon if you are in a car crash  and the vehicle you were in was not covered by liability insurance, you cannot recover damages for your non-economic damages, such as pain, suffering and disability.  
  6. Get the at-fault driver’s insurance information. If you cannot get that, get the contact information for the other driver. Failing that, get the license plate number of the at-fault driver.
  7. If it was a hit and run, you can make a claim against your own policy which in Oregon is required to have uninsured motorist coverage for this very reason.
  8. Expect to be called by an insurance company very soon. You will be asked to give a recorded statement that may be used against you later on. To protect your rights, be sure to contact an attorney of your choosing before you start making statements to any insurance company.
  9. Expect the at-fault driver’s insurance company to try to settle the claim with you quickly, especially if there was minimal damage to the vehicle you were in.

Hire an Injury Lawyer Today

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.

Injured in a Car Crash, What Should I Expect

I’ve been injured in a car crash, what should I be aware of going forward?

What to Expect after a Car Accident Injury

If you were injured in a car crash  that was not your fault, and you make a claim, your can expect the following:

  1. Your medical history will be an open book
  2. Your social media accounts will be subject to inspection
  3. You will have to invest time and money to pursue your claim
  4. You will need competent and aggressive representation

What Gets Investigated After a Car Accident Injury

Let me break the previous list in more detail.

  1. MEDICAL HISTORY: If you suffered an injury to your body, your medical history prior to the injury may be investigated. If you had a history of back pain and related treatment, that history and treatment will be fair game for investigation to determine whether and how much your pre-exiting condition was impacted or contributed to the injuries you claim were caused by the crash  that is the subject  of your lawsuit. In some cases, this can go back decades prior to the date of the injury caused by the crash  you were in. There is an old saying in the law that, “the defendant must take the plaintiff as he finds him/her,” meaning the jury must compensate you for your injuries even if an ordinary person would not have been susceptible to the same injury. Think of the difference between a frail elderly person versus a NFL linebacker being involved in a crash . The fact that the elderly person is more susceptible to a serious injury than an NFL linebacker actually does not factor into whether you are entitled to fair compensation for your injuries.
  2. SOCIAL MEDIA: If you are an avid user of social media, such Facebook, Meta, Instagram, etc., your postings on any social network website may be fair game for discovery by opposing counsel. A good rule of thumb to avoid complicating your claim is not to post anything about your crash  or your injuries on social media.
  3. COST OF TIME: A lawsuit requires your attention. Although the bulk of the work is done by your attorney, he or she will need your input each step of the way. You should expect to assist your attorney each step of the way in preparing your case and getting it ready for settlement or trial. Your attorney is there to guide you and maximize your recovery. Listen to your attorney.
  4. LEGAL REPRESENTATION: Insurance companies have a lot of money. They have lots of money because when it comes to fair compensation in a personal injury claim against one of their insureds, they try to minimized the monetary damages they have to pay. Some companies are notorious for cutthroat tactics to this end. This is understandable when you consider the fact that insurance companies are for-profit business that answer to their shareholders. The do not exist as tax-deductible charity organizations. For this reason, you need able and aggressive representation by an experienced attorney. Some folks are put off by the aggressive pursuit of money damages by plaintiff’s lawyers for their clients. They think personal injury lawyers are greedy, shifty and unethical; that lawsuits are somehow distasteful and undignified, that we should all just get along. These ideas are quaint but counterproductive when it comes to fair compensation you deserve for your injures. One does not bring a water pistol to a nuclear war.

Hire an Injury Lawyer Today

Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn . I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.