Frequently Asked Questions

If you've been in an accident and suffered a personal injury, you need to protect your rights; you need critical questions answered. Steve Smucker and PortlandLawyer.com - 503-224-5077 - can help you examine the legal issues that could affect you and your family. Following are answers to some initial questions you likely have or will have.

Q: What is the most important thing for me to do after my injury?

A: First, arm yourself with knowledge. You are doing it now by searching for a personal injury attorney you can trust. Next, pick up the telephone and call for a free consultation. Find out what's coming and how to respond when it does. Call as soon as possible after you are injured to gain immediate support and time sensitive information and guidance. Contact me today for a free personal injury lawyer consultation (see form on the right side of this page).

Second, do everything you can to get better. The more effort you put into getting better, the more likely the insurance company will want to settle with you. Making every effort to regain health gives you credibility. This means:

Not missing appointments with your doctor. Stay in touch with your doctor and maintain your appointments. If you need to cancel, give the doctor as much notice as possible and reschedule

Attending all prescribed physical therapy sessions. If physical therapy is prescribed, be sure to keep your appointments and participate actively in the process.

Do what your doctor tells you to do. If your physician prescribes certain medications, therapy exercises, or limitation on activities, follow your doctor's orders. Failure to follow your doctor's advice can be used against you.

Q: How do I pay my medical bills?

A: Your lawyer will discuss medical bill payment with you in detail. One of the following methods for payment may be available:

Personal Injury Protection (PIP) insurance coverage from your own automobile policy if you were in your automobile and involved in an auto accident.
Workers' compensation insurance, if your injury occurred while you were working on the job as a result of your employment.
Your own health insurance.
Your own personal funds, if you were not insured and are able to pay medical bills as they are incurred.
Liability insurance coverage of the person who caused your injuries. Such liability insurance coverage, however, will most likely be paid at the time of settlement rather than during the period you incur the bills.

Q: How will my personal injury attorney be paid? What is a contingent fee agreement?

A: In almost all personal injury cases, your attorney will be paid a percentage of the final settlement or judgment resulting from your injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires, for you and your lawyer’s protection, a written contract that specifies the fee. The agreement prevents any misunderstanding about how much your case will cost. The agreement ensures that your lawyer will work diligently on your case in exchange for the percentage in the agreement. If there is no recovery, you owe no attorney fees.

Q: What other costs will there be in addition to the attorney fees?

A: In addition to attorney fees, all attorneys offering contingent fee agreements, by Oregon State Bar rule, must make clients responsible for advanced costs specific to the case. There are often charges related to obtaining the reports, opinions or records needed to present your case. In most small personal injury cases, these costs do not amount to much. PortlandLawyer.com does not ask you to reimburse us for costs until the case is over. Examples of these advanced costs include:

Fees that doctors and hospitals charge for medical reports. Such reports may cost anywhere from a few dollars for simple copies to $100 or more for reports that have to be written or prepared specifically by your doctor.
Costs of photographs. Photographs and other visual documentation (such as videotape) are extremely important in personal injury cases. Your attorney my incur expenses having visual materials obtained or prepared.
Reports from experts other than physicians.
Litigation costs. If your case proceeds to a lawsuit or litigation, there are filing costs involved.

Q: How much is my case worth?

A: This question is one of the most frequently asked and most difficult to answer in the early stages of a personal injury case. It is virtually impossible to predict the value of a case until all of the information has been collected and you are medically stable. Many factors determine the value of a case:

The amount of your medical bills.How the medical bills were incurred and whether they are from diagnostic tests, treatments, physical therapy, hospital stays, prescriptions, over the counter medication, chiropractic care, or other care or treatment.

How much income and other employment benefits were lost as a result of your injury. This would include lost pay, sick leave or vacation time used, loss of insurance benefits and other documented losses resulting from your injury.

The extent of the injury and how it has affected your daily life. This would include limitations of household activities, sports, leisure activities and social life.

Whether or not any of your injuries are permanent. This would also include permanent disfigurement such as scars or blemishes.

Whether any of your injuries required hospitalization.

The potential defendant’s extent of liability.

Whether there is evidence you are at fault in causing any part of your injuries.

How the law applies to your case.

The quality of your witnesses, including those who will testify about the incident, your injuries and medical treatment.

Pain, suffering, inconvenience and the impact on married life.

The particular insurance company that is involved.

Q: What do you offer that the others do not?

A: Experience, exceptional communication, integrity, and successful strategies for achieving justice. I have over 20 years of experience handling personal injury cases, and have been recognized by Martindale-Hubbell with an “AV” rating, distinguishing lawyers that have achieved the highest levels of skill and integrity as lawyers. That experience guides me as I help you through our civil justice system. You benefit from the value I put on developing good communications with my clients. I keep you informed about what is possible in your case, while offering the best legal strategy. You in turn let me know what you can accept. In that manner we work closely together and are generally in agreement on strategic decisions. Strategizing and achieving justice for you as my client is what I enjoy most about personal injury litigation. My goal is to obtain justice for you.