Do I need a lawyer for my auto accident case?

Being involved in an accident is one of those terrible things that could happen. I have been in an accident and the amount of stress along that accompanies an accident can be daunting. A question you should ask yourself is “Do I need a lawyer when I am in an accident?”
I am here to hopefully answer that question for you. In Oregon we operate under a “fault-based” system for auto accidents, meaning the driver responsible for the accident can be held liable for damages. You’ll typically file a claim with the at-fault driver’s insurance company, but this process can be challenging.

This leads me to my first consideration for you to think about. Are you the at-fault driver? This question will be the biggest consideration for if you need a lawyer. I believe that in any accident it will be beneficial to have a lawyer you can trust and one you will be able to confide in.

Not at-fault

If you are not at fault your should consider these:

• Dealing with Insurance Companies
• Complex Cases and Serious Injuries
• Oregon’s Statute of Limitations
• Navigating Personal Injury Protection (PIP) Coverage
• When You May Not Need a Lawyer

Dealing with Insurance Companies

When dealing with insurance companies there are a few things you should consider. When dealing with insurance companies lawyers can be a huge help as they can help you understand the legal language of laws. Think about the following and ask yourself if you can negotiate on these subjects without a lawyer

• Medical bills
• Vehicle repair or replacement costs
• Lost wages
• Pain and suffering

Complex Cases and Serious Injuries

If the accident resulted in significant injuries, substantial property damage, or if liability is being disputed, hiring a lawyer becomes even more critical. Oregon’s comparative negligence laws mean your compensation can be reduced if you’re found partially at fault, making it vital to have a professional advocate to protect your interests.

Oregon’s Statute of Limitations

Oregon has a statute of limitations for filing personal injury claims. You generally have two years from the date of the accident to file a lawsuit. Missing this deadline can prevent you from recovering any compensation. An experienced attorney will ensure your case is filed in a timely manner.

Navigating Personal Injury Protection (PIP) Coverage

Oregon requires all drivers to have Personal Injury Protection (PIP) coverage, which helps cover medical expenses, lost wages, and other immediate costs, regardless of who was at fault. While this can provide quick relief, PIP may not cover everything, especially in severe cases. A lawyer can help you recover additional compensation from the at-fault driver’s insurance.

When You May Not Need a Lawyer

These are some situations where a lawyer may not be needed:

• Minor accidents with no injuries
• Clear liability, and the insurance company offers a fair settlement
• Cases where damages are minimal and well-covered by PIP or insurance policies

Many Oregon auto accident lawyers offer free initial consultations, so you can get advice on whether you need legal assistance without financial risk. Here at Bell Law we offer free consultations. Call us if you are in need and we will see if we can help.

At-fault Accidents

This is when things get more complicated. Because of Oregons At-fault Law this means that Oregon follows a *comparative negligence* rule, meaning that even if you are partially at fault, you can still recover damages, but only if your percentage of fault is less than 51%. If you’re more than 50% at fault, you may not recover any compensation from the other party. If you are less than 51% at fault, your compensation will be reduced by the percentage of your fault. For example, if you are 30% at fault and the damages are $10,000, you would only be entitled to $7,000.

However

If you are found to be the *primary* at-fault driver, this comparative negligence rule will affect any claims made against you by other parties, rather than your ability to claim damages yourself.
For this reason it is highly recommended that you find a competent lawyer who will be able to help through the process.

What Happens Next

If you are found to be the primary at-fault driver you will be

• Held Liable for damages
• Legal Claims could be filed against you
• Even Possible Criminal Charges

What You Should Do If You’re At-fault

-Report the Accident: You are legally required to report an accident if it results in injury, death, or more than $2,500 in damages.
– Cooperate with Insurance: Cooperate with your insurance company’s investigation but avoid admitting fault at the scene of the accident. Fault is usually determined after an investigation.
– Consider Hiring an Attorney: If there are significant damages or the other party is threatening legal action, it may be in your best interest to hire a lawyer. They can help defend you against lawsuits, negotiate settlements, and protect you from paying more than necessary.

If you are at fault for an auto accident in Oregon, it’s important to understand the legal and financial ramifications. You’ll be responsible for the damages to the other driver and may face increased insurance premiums or even legal action. While it’s possible to handle minor accidents without a lawyer, having legal counsel can be critical in more severe cases to protect your financial interests and legal rights.

For this reason you should hire someone you can trust, here at bell law we pride ourselves in focusing on the client and doing everything we can to help them in difficult times.
Contact us to help you through this complicated process of Workers Compensation. For a free case consultation call us at 888-813-3188

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