If your only exposure to personal injury law until now has been an occasional scoff while flipping past the colorful ads in the attorney section of the phone book, you might wonder how to tell whether you need a personal injury lawyer. Not every Oregon auto accident, medical treatment, or use of a defective product leads to a lawsuit. And even if you or loved ones have been hurt by some kind of wrongful conduct, how do you know whether you can or should try to handle the legal aspects of an injury claim yourself?
Like most legal questions, the answer depends on the facts. If serious personal injuries or wrongful death resulted from whatever happened—a car or truck collision or a fall from a dangerous building, for example—then the matter is almost certainly appropriate for a personal injury attorney. Investigation and reconstruction of the accident must be handled by those with the necessary knowledge. An early settlement offer from an insurer may be tempting. As the costs for such things as medical expenses, lost wages, and permanent disability increases, however, the probable resistance to paying full and fair compensation is also likely to increase. An offer that seems ample soon after the event may be revealed quickly as being nowhere close to adequate. Valuing an injury’s costs accurately may require economists, life planners, and other experts that a personal injury lawyer can choose and coordinate.
If injuries occurred because of medical negligence, product liability, or exposure to toxic substances, then a personal injury lawyer is essential. Such claims may involve complex factual and legal questions, and they generally require experts to determine and explain the failures of the opposing parties. Physicians, engineers, scientists, or other experts may need to be found and consulted. There opinions must be defended against attacks on their validity, as well as on their admissibility in court.
If injuries were less severe, a free case consultation may still be appropriate. If the facts support a legal claim for a smaller amount than in a catastrophic injury case, a personal injury lawyer may be able to recover attorney fees from the defendant. If so, the injured person may receive more compensation than would be possible if the claim were handled on a contingent fee basis. The availability of attorney fees in certain cases may make it economically feasible to pursue smaller claims for injuries that deserve compensation but cannot support the litigation costs.
Every injury may not lead to a legal claim, but there is little to lose by contacting an Oregon injury attorney to consider the facts. It’s much better to discover whether you need a personal injury lawyer than to determine too late that you needed one.
The Law Office of Dane E. Johnson offers a free case consultation, with evening and weekend appointments available. Please email us a contact form, visit our website, or call Portland, Oregon personal injury attorney Dane Johnson directly at (503) 975-8298.
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