Oregon Motorcycle Accident FAQs
Why is it important to work with an Oregon Motorcycle Accident Attorney who understands and has experience in dealing with Oregon motorcycle accident?
Answer: An Oregon motorcycle accident can be different from normal personal injury cases in many aspects that require an understanding of laws pertaining to motorcyclists, as well as how to deal with cases involving major or catastrophic injuries. In a less complex personal injury case, there are usually defined costs for the injured party to obtain a “full” recovery, return to employment, and continue their enjoyment of life. Compare this to a major or catastrophic motorcycle accident where the injured party may suffer long-term permanent disability and never recovered normal functionality. In addition, as the size of the settlement increases insurance companies increase their spending on legal resources to minimize settlements and shift the liability to the motorcyclist, creating a much more complex case. Case complexity can be seen in several areas including establishing liability, quantifying the compensation for current and future medical costs, quantifying the lifelong impact of the injury, and dealing with an increased level of litigation process (experts, financial analysis, and support graphics) and legal costs. To deal with this complexity you need to choose an experienced Portland Motorcycle Accident Attorney, one that understands how insurance companies defend and prosecute their case strategy, and someone who has courtroom strength that comes from being a seasoned litigator.
How much time do I have to file a claim/lawsuit after an Oregon motorcycle accident?
Answer: The simple answer is two years from the date you were injured; however there are numerous exceptions which can shorten or increase the timeframe. These exceptions have to do with filing various notices such as a Dram Shop Notice (if you are suing a party that served liquor to the defendant), or Tort Claim Notice (if you are suing a public entity such as TriMet) which must be filed within 180 days of the incident. On the other hand, there are increased limits for cases involving a fatality, or minors under the age of 18. In any case, you do not want to postpone your efforts to seek the support and advice of an experienced attorney sooner rather than later to evaluate your case and determine an appropriate course of action based on all of the case facts. With an experienced attorney representing you, you send a completely different message to insurance companies and their legal representatives about the seriousness of your claim. Chances are you are not a legal expert or knowledgeable in how to negotiate or pursue a legal settlement, which is why seeking the best legal representation is to your advantage.
What if the costs associated with my Oregon motorcycle accident are less than $10,000? Is there an effective way of dealing with the insurance company and at-fault party without incurring significant legal costs?
Answer: Yes. Insurance companies often deal with small claims (less than $10,000) by presenting a low or no settlement offer, with a take it or leave it negotiating strategy. They know it is difficult for anyone to retain and pay for legal representation on a small claim. To counter this strategy, Oregon created ORS 20.080, a law which provides the means for injured parties with claims less than $10,000, to seek an equitable settlement for documented medical costs, property losses, and other costs such as lost wages. If the at-fault party, or their insurance company, refuse to settle and pay your documented expenses, then you have the right to litigate or arbitrate a settlement with one very big benefit. You can retain an experienced Portland Motorcycle Accident Attorney to represent you, with applicable attorney fees and court costs paid by the other party in addition to any settlement paid to you. The process is fairly simple and works like this:
a) You or your attorney will serve a written demand for damages, up to $10,000, on the at-fault person and the at-fault person’s insurance company. The demand must cite ORS 20.080, including proof of damages (i.e., medical records, medical expenses, repair bills, etc.), and provide the at-fault party thirty days to settle.
b) If after thirty days the person who caused the accident does not respond or refuses to settle, the personal injury claimant can file a lawsuit against the at-fault party.
c) If the injured person recovers anything (even one dollar), the at-fault party must pay the amount awarded by the arbitrator or court, as well as the injured party’s attorney’s fees and court costs.
d) If the at-fault party responds with an offer to settle that is less than what was demanded and the injured party files a lawsuit, the personal injury claimant must beat the offer at arbitration to receive attorney’s fees.
It is the risk of having to pay the injured person’s court costs and attorney’s fees on top of the damage award that makes insurance companies and their insured’s take claims made under ORS 20.080 seriously. Experienced law firms, like Mayor Law, can assist you to attain an equitable settlement and deal with the complexities of insurance issues and procedures, liability issues, and protect your rights.
What should I do if my Oregon motorcycle accident injuries are significant?
Answer: Because motorcyclists are “vulnerable road users”, i.e. not protected as a car driver would be, you might expect that even a minor Oregon motorcycle accident could result in significant injuries to an unprotected rider – and you would be right. When a motorcycle crash does occur, more than 20% of the time the crash results in a major injury to the motorcyclist. Compare this to car accidents where only 2.7% of accidents result in major injuries. While the use of helmets has helped reduce traumatic brain injuries, motorcyclists are still more vulnerable to traumatic brain and spinal cord injuries than other motor vehicle drivers. The lifetime cost of dealing with these major injuries can be monumental. For example, depending on the severity of the injury first-year medical expenses can range from $400,000 to over a million dollars, with subsequent years of medical expenses being as high as $175,000 per year. In addition to these expenses you may have to deal with costs for personal care and assistance, loss or reduction of income, modifications to accommodate physical limitations such as wheelchair ramps, and specialized beds, and other non-economic costs such as pain and suffering, loss of enjoyment of life, and any financial impact your family.
In order to protect your rights, effectively deal with insurance issues, and seek the best financial settlement, you should review your case with an experienced Oregon Motorcycle Accident Attorney.
Why is Travis Mayor a great choice to represent you with your Oregon motorcycle accident case?
Answer: Travis Mayor is an outstanding Portland Oregon Motorcycle Accident Attorney, committed to maximizing financial compensation for clients hurt as the result of another person’s negligence. As a former insurance defense lawyer, Travis knows firsthand how insurance companies evaluate cases, pressure parties into “low ball” settlements, and execute trial strategies. This valuable insight from the other side of the table, combined with experience handling hundreds of personal injury cases, is the reason Travis produces extraordinary results. He knows how to effectively prosecute personal injury claims, and has collected millions in settlements, jury verdicts and arbitration awards for his clients.
Five Reasons to Choose Portland Oregon Motorcycle Accident Attorney Travis Mayor
Results: I have collected millions in settlements, arbitration awards and jury verdicts for my clients. However, my best results are measured in terms of how I help my clients and their families recover financially and emotionally from injuries and accidents that are life-changing.
Experience: As a former insurance defense attorney, I know how insurance companies think, act, and evaluate claims. As a personal injury attorney, I have distinguished my practice with excellence in developing effective legal strategies, negotiating tactics, and courtroom results. I use these to our advantage.
Courtroom Strength: Better settlements come with being prepared to try cases. I am a seasoned litigator and effective advocate, with the knowledge, insight, and resources to pursue the case to conclusion. You do not pay attorney fees unless we collect a settlement, arbitration award, or jury verdict.
Honest Evaluation: Leveraging extensive legal expertise, I objectively assess the strengths and weaknesses of each case and help clients determine what type of legal representation they need. It is not about winning or losing, it is about obtaining an overall settlement that meets your needs while striking a balance between financial recovery, settlement time frame, risk and the pressures of litigation. As always the initial consultation is FREE.
Accessible: Focused on each client’s unique situation and goals, I provide personal attention, open communication, and the convenience of multiple office locations.
See answers to other frequently asked questions relating to accidents and personal injuries, and learn how Portland motorcycle accident lawyer Travis Mayor can help you today.