Frequently Asked Questions

If you’ve been in an accident and suffered a personal injury, protecting your rights is critical. Attorney Steve Smucker – 503-224-5077 – can help you examine the legal issues that could affect you and your family.

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

1. Arm yourself with knowledge.
2. Show you care about getting better as soon as possible so the insurance company doesn’t call you a slacker (they may, anyways, but don’t make it easy for them).
3. Don’t miss any doctor or therapy appointments without an excuse because if you miss appointments it looks like you don’t care about getting better.
4. Keep track of all paperwork.
5. Thank witnesses who offered you help at the scene.
6. Don’t give a statement to the adverse insurance company.
7. Don’t sign anything for the adverse insurance company.
8. Call a personal injury lawyer soon for a free consultation.

Q: Who pays my accident related medical bills?

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

1. Your auto insurance company pays, even if you were not at fault. Your company will seek to be paid back, though.
2. When medical insurance under PIP is exhausted, then health insurance pays medical bills. It too will seek to be paid back.
3. If there is neither auto nor health insurance, the other driver’s auto policy may be liable if you were a pedestrian or on a bike.

Q: How does my personal injury lawyer get paid?

A: Your attorney will be paid a percentage of the final settlement or judgment, if there is one. If there isn’t a settlement or judgment, there is no attorney fee under a contingent fee agreement.

Q: Besides attorney fees, what other costs are there?

A: In addition to attorney fees, all attorneys offering contingent fee agreements in Oregon are required by the Oregon State Bar to hold clients accountable for costs that are advanced on the case. Examples of costs that are advanced in almost every case include medical bills and records, police reports, 911 calls, etc. Costs usually aren’t very much, unless a lawsuit is filed.

Q: I’ve never been involved in an auto accident before and have never needed an attorney. What am I entitled to recover in a personal injury case?

1. The obvious include medical bills and lost wages;
2. Property damage and rental charges;
3. Pain and suffering damages including loss of enjoyment of life.
4. Damages for permanent impairment or permanent scarring.
5. And in special cases under ORS 20.080, attorney fees and costs.