Deciding when to settle a personal injury claim is a critical decision that can have significant health-related and financial consequences. At Johnson and Taylor, our personal injury attorneys can help you understand key factors to consider when deciding to accept a personal injury settlement in Oregon. We’re dedicated to helping you make informed decisions that give you peace of mind.
The Nature and Extent of Your Injuries
One of the most important things to consider before accepting any personal injury settlement is whether the full extent and nature of your injuries have been determined. Making sure you have a clear diagnosis and understanding of your long-term prognosis is vital. Our personal injury lawyers recommend that you wait to accept a settlement at least until you’ve reached maximum medical improvement (MMI), which means your condition is unlikely to improve with continued medical treatment.
Accurately Calculating Damages
If your injuries result in permanent impairment or disability, it is essential for future costs like medical bills to be accurately calculated before accepting a settlement or filing a personal injury lawsuit. It’s easy to underestimate the value of your claim, and settling too soon can leave you in a precarious financial position. Our Salem accident attorneys can consult with financial and medical experts to ensure any personal injury settlement you accept adequately covers all economic and non-economic damages such as:
- Past and future medical bills
- Lost wages
- Loss of earning capacity (lost income in the future)
- Pain and suffering
- Emotional distress
- Loss of companionship and consortium
Determining Liability
The strength of a case can often depend on whether liability is clear-cut or more nuanced. If you share some responsibility for an accident, an insurer may be resistant to offering a fair personal injury settlement.
To determine liability, our personal injury attorneys use evidence such as police reports, photos and surveillance footage, eyewitness statements, and possibly even medical bills to create compelling arguments that show who was at fault.
Assessing the Insurance Company’s Offer
Unfortunately, insurance companies are not on your side. Their initial settlement offers are often much lower than what an injured victim deserves. It’s important to consult with an Oregon personal injury attorney before signing anything or accepting a settlement from an insurance adjuster. We can evaluate the offer and determine whether it’s fair and adequate compensation for your specific situation.
We know that being hurt and unable to work can put your family in financial straits, so it may be tempting to accept the first or second settlement offer you receive. Don’t let them take advantage of you when you’re in a vulnerable position. There is always room for negotiation. When you accept a personal injury settlement you typically waive the right to pursue further legal action related to an accident or injury.
Our personal injury lawyers create strong arguments supported by evidence of your damages to demonstrate why you deserve the compensation you’re asking for. We’re tenacious, skilled negotiators who won’t back down when advocating for your interests. If a reasonable agreement can’t be reached, we can help you file a personal injury lawsuit and represent you in court to recover the fair amount of compensation you deserve.
Statutes of Limitations
Time limits on filing personal injury lawsuits in Oregon are also an important factor to consider. In Oregon, the statute of limitations for filing a personal injury lawsuit is generally two years. For wrongful death lawsuits, it is usually three years. Other deadlines, which may be much sooner, may also be applicable. If you wait to file a claim or keep negotiating a settlement for too long, you may lose the right to pursue compensation in court.
However, in certain cases exceptions do apply, so it’s vital to consult a personal injury lawyer to determine whether the clock is close to running out. As it gets closer to the deadline for filing a personal injury lawsuit, an insurer may pressure you to settle, especially if they believe you’re unaware of the statute of limitations. Having a personal injury attorney in your corner ensures all important deadlines are met and that your claim or lawsuit adheres to the requirements of Oregon personal injury law.
How Our Personal Injury Lawyers Can Help
Our knowledgeable attorneys can have a significant impact on the amount you receive in a personal injury settlement. We can accurately estimate the value of your claim, negotiate with insurers, and represent you in court if necessary. Our personal injury attorneys know how to counter their underhanded tactics and the threat of litigation is often enough to pressure an insurance company into offering a fair settlement.
We help you weigh the pros and cons of accepting a personal injury settlement and provide straightforward legal advice you can trust. We won’t waste your time making empty promises about huge payouts like many larger personal injury law firms do. We help you gain a full understanding of your circumstances and how continuing to negotiate or accepting a settlement offer will benefit you. Your best interests are always our top priority, regardless of what you decide.
Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our team also litigates cases involving estate planning, probate, divorce, and family law. Members of our team are proud to provide quality legal services to our Spanish-speaking clients.
Contact Our Personal Injury Attorneys in Salem, Oregon
If you have questions about whether you should accept a personal injury settlement in Oregon or need assistance with a claim, Johnson and Taylor can help you understand your rights and options. To schedule a consultation with a personal injury lawyer in Salem, OR, contact us or call 503-990-6641 today.