Many of my prospective and current clients are struggling with many of the same questions regarding the treatment of and recovering from injuries related to an auto accident. Why has it taken so long to recover from a seemingly simple muscle strain? Why did it take so long for my doctor(s) to diagnosis me of a much more significant injury? At which point am I “stable” enough to attempt to resolve my personal injury claim.

Here are a couple tips for navigating through these questions:

1. Listen to your medical professionals and diligently seek a satisfactory diagnosis of your injuries.

You, your attorney, your partner, or the person you met in the grocery line are NOT medical professionals and they do not have the expertise to help you diagnose and treat the injuries you incurred as a result of an automobile accident. Also, your medical providers are NOT you and they do not have an equal amount of incentive as you to be properly diagnosed and treated for your injuries. Therefore, it is my opinion that when you are injured, you should ask and seek answers to all your questions regarding your injuries and treatment. You should seek these answers from medical providers. If you feel that you are receiving sub-standard care or that another diagnostic test is warranted, then seek another opinion from another qualified medical professional. I have multiple clients whose doctors initially thought that the injuries they sustained from an accident were much less severe than they actually were.

Another reason to be assertive is the availability of medical insurance. If you were injured in Oregon and you had auto insurance at the time of the accident, you were covered by Personal Injury Protection Insurance (PIP). PIP insurance covers 100% of your medical expenses (up until policy limits, which vary) and your lost wages, among other things. The catch is the coverage is generally limited to a year within the accident. Therefore, if you were recently injured in an accident and you are wondering what is wrong with you, NOW is the time to seek the answers to your questions. You pay the premium every month for your PIP coverage, do not let it go to waste.

The bottom line: do not let an auto accident become worse because of your lack of diligence in seeking medical answers.

Side Note: Even accidents that result in no symptoms are not necessarily “injury free”. For instance, there can be significant injuries to your spine that, upon injury, are initially pain free.

2. Generally do not settle with an insurance company until you believe you have a good handle on your future health.

Your personal injury claim following your accident is the ONLY time that you will be able to recover money damages for the injuries that you sustained. Upon settlement or judgment, there is generally NO other recourse for your injuries. Therefore, it is important you understand the significance of your injuries before settling with an insurance company. It is understandable that most people just want their claim resolved and want to get on with their life. However, that attitude can end up costing you and your family a significant difference in money received from an insurance company. The stress of an injury claim can be mitigated by the hiring of a qualified personal injury attorney. The bottom line: Do not settled merely out of an anxiousness to resolve the case. There is no sense in making a bad situation worse.

There are exceptions to this general rule. One being the statute of limitations. If your injuries do not resolve within the applicable statute of limitations (Generally two-years in Oregon for personal injury cases), then you are still required to bring a lawsuit, which could lead to resolution of the case before you are medically stationary. Another being that the insurance company is offering its policy limits. At that time, the right move might be to settle.

Side Note: It is important to remember that insurance adjusters are not motivated by the same issues that plague you after an accident. They are concerned with removing your file off their desk and making their supervisors happy. Keep this in mind and focus on getting healthy BEFORE settling with an insurance company. Often times, my clients will have resolved their treatment and we give it a couple months just to see if they are truly recovered from the accident. After all, you only get one chance to get what is fair.

NOTE: Non of the above is case specific nor is it intended to be legal advice. Isaac Jackson is NOT your attorney unless you have entered into a contingency fee agreement or other fee agreement. The content on this website is for general information purposes only. If you have a legal issue contact an attorney for advice. REMEMBER – most claims are subject to a statute of limitations which act as a bar to your claim if not filed within the time limits. Therefore, do not delay in seeking advice for your claim from an attorney. If you live in Oregon or your accident occurred in Oregon, please feel free to contact me directly for a no-cost consultation. Jackson Law Office is located in Eugene, Oregon. My direct phone number is (541) 556-9797.

Talk to you soon,

Isaac Jackson, esq.
Jackson Law Office, LLC.