Serious Injury Lawyer Medford, OR
Prior to contacting a Medford, Oregon serious injury lawyer about filing a claim, many victims do not realize the extent of their damages that may be eligible for compensation. This is unfortunate because the liable insurance company will not volunteer to pay them what might be thousands of dollars. In some cases, victims could lose out on hundreds of thousands of dollars if their injury is particularly significant. Our serious injury lawyer in Medford, OR from Andersen Morse & Linthorst works hard to right this wrong by protecting the rights of victims and securing the maximum possible amount of compensation on their behalf. In this way, the injured individual can avoid being victimized twice. Call us today and schedule a no-cost consultation with our serious injury lawyer Medford, Oregon has to offer to learn if we may be able to help you as well. In the interim, what follows are some suggestions about how to make the most of your serious injury claim.
Include All Applicable Damages in Your Claim
This can be the most difficult aspect of an injury claim for someone who is not a serious injury lawyer. Not only can it be challenging to identify compensable damages, but it can also be difficult to assess fair value. This again underscores the value of hiring a Medford, Oregon serious injury lawyer. For instance, did you know that there are several categories for damages? As an example:
- Compensable Damages. These include costs associated with your injuries such as medical care, medical or health care devices (including crutches, wheelchair rental, etc.), the income you lose while unable to work, post-traumatic stress disorder related to the accident, pain, and suffering, and much more. Our Medford, OR serious injury lawyer will work with you to determine which damages are compensable. Any damages that are eligible (even those you did not realize would qualify) will be included and accurately assessed in terms of dollar value. If your injury has left you permanently disabled, you may qualify for compensation in lieu of a lifetime of wages you can no longer earn.
- Punitive Damages. These are considered when the liable party acted particularly egregious. For example, if you were the victim of a road rage incident in which the other driver threatened to harm you and carried out that promise. Punitive damages are not usually awarded to a victim, but in some cases when a claim is elevated to a lawsuit, the judge or jury may opt to punish the guilty party by forcing them to pay the victim an additional amount of money to compensate for their abhorrent behavior. At the onset of your claim, your serious injury lawyer can inform you if your case is eligible to seek this type of damage recovery.
Resist the Urge to Discussing Your Claim on Social Media
Increasingly, many people record their every action on social media. Whether it’s what they’re eating for dinner, complaining about someone else’s behavior, or showing their battle scars, many people rush to their social media profiles to speak about these things and often include photos for illustration. Sustaining a significant injury will tempt most such people into rushing to their cell phone or keyboard to tell the world what happened. But this single act could cost them their settlement. How? No matter how secure or private you think your post is, it simply isn’t. As an example, the liable insurance company’s lawyers can legally get access to your social media posts during the discovery process should your claim elevate to a lawsuit. They can then misconstrue your words and images to show the jury that you were not hurt as seriously as you claim and/or that their client was not responsible for harming you. As your serious injury lawyer may tell you when taking your case, stay off social media altogether until after your claim is settled.
Making a Case for Serious Injury Damages
If you have suffered a serious injury due to someone else’s actions, you may feel like you will never recover. Not only are you hurt and distressed, but you are unable to work and the bills are piling up. You have a counter full of medical bills and know that more are on the way. How will you ever get out from under this mess?
Getting out of the mess created when you get hurt may come down to filing a lawsuit against the person whose actions caused the trauma. Making a case for a serious injury claim is all about proving negligence and asking the court to award you a financial award for your damages. Your serious injury lawyer in Medford, OR will help you with this.
3 Ways To Understand the Value of Damages in a Personal Injury Case
Personal injuries can cost thousands of dollars when factoring in lost wages, medical expenses and other damages incurred from the incident. Though you may take your case to a serious injury lawyer in Medford, OR, you probably want to know what your claim would be worth in order to pursue fair compensation. The team at Andersen Morse & Linthorst understands the complex nature of serious injury claims and work to get the best settlement possible, but there are factors that impact what a case may be worth. Here are several factors that are taken into evaluation.
1. General Damages
When it comes to the consequences of an incident that results in bodily harm, there must also be a consideration for the damages associated with emotional and mental strain. These values are difficult to assign a price tag to, making it more difficult to achieve fair compensation. Under general damages, you may potentially seek restitution for depression, emotional trauma, anxiety, loss of consortium and a lowered quality of life. The nature of appropriate compensation is unique to each victim, though the greater the severity of the trauma will lead to higher award amounts.
2. Special Damages
Following a serious injury, there will undoubtedly be mountains of identifiable expenses. For example, medical bills for treatment, rehabilitation or therapy will have a dollar value, as will any loss of earning that occurs from missed time at work. Prescription medications or necessary medical equipment to treat an injury are also expenses that injury victims must pay. Adding up all these amounts can provide a starting point for your serious injury lawyer in Medford, OR to make a monetary claim.
3. Punitive Damages
In a personal injury claim, punitive damage is a unique category of compensation. Arguments for compensation aren’t made according to the expenses incurred by the incident but according to the need to request consequences for the offending party’s actions. For example, if the injury was caused by a drunk driver, there is the potential for legal compensation on the grounds that there was willful misconduct that took place. This can be is a difficult area to pursue and should be done after thorough consultation with your serious injury lawyer in Medford, OR.
When you are faced with a serious injury and want compensation, the office of Andersen Morse & Linthorst may be able to help. Figuring out what you may be entitled to is a complex process that needs the insight of those familiar with personal injury law.
What Damages May You Qualify for After a Serious Injury?
After suffering harm because of another’s negligence, you deserve to receive fair compensation. An Andersen Morse & Linthorst serious injury lawyer in Medford, OR, may help you recover compensation, but how much you stand to receive depends on the damages you qualify for. Here are examples of personal injury damages.
It’s essential to keep close track of all your medical bills after a personal injury. Other than your initial trip to the emergency room, you deserve compensation for follow-up visits related to your injury, assistive devices you must use because of your injury, diagnostic expenses, surgery costs, physical therapy, medication and treatment supplies.
Your serious injury lawyer in Medford, OR, understands that serious injuries sometimes cause both physical and psychological harm. You could experience stress, anxiety, depression or post-traumatic stress disorder connected to your injury or the inciting incident. Do not ignore your mental health in the coming days, as you could qualify for emotional distress damages if you suffer emotionally because of another’s negligence. You may need to speak with a mental health professional to determine if the accident left you psychologically scarred.
Pain and Suffering
Depending on the severity of your injuries, you could experience pain and suffering. If your injuries leave you in pain during the healing process, tell your Andersen Morse & Linthorst legal representative. Pain and suffering damages cannot eliminate your pain, but you deserve some form of compensation for what you must endure.
How much pain and suffering damages you qualify for depends on your injuries. You could qualify for roughly half your medical damages if you experience minor injuries your doctor expects you to recover from quickly. Severe injuries with lifelong complications could qualify you to receive more compensation. Keep your medical team and your serious injury lawyer in Medford, OR, updated on your levels of pain as you recover.
Loss of Use
Sometimes, personal injuries rob victims of their ability to engage in their favorite activities and hobbies. If so, victims could receive loss of use damages. To better determine loss of use damages, consider your lifestyle before your personal injury and how you adjusted to your new life and physical restrictions.
Loss of Consortium
Personal injury victims may lose their ability to show affection to a spouse. If so, the spouse, not the personal injury victim, may seek loss of consortium damages. These damages account for the loss of the ability to have children, companionship and affection.
Prove the Defendant Caused the Accident
First, you need to be able to prove that the person you’ve named as the defendant caused the accident. How do you accomplish this? There are four primary factors the court looks at to determine if a person is negligent in causing you pain:
- Duty to Perform – Was there a reasonable expectation that the defendant knew the law?
- Breach of Duty – Did the defendant break a law?
- Causation – Did the defendant’s actions directly result in the accident?
- Damages – Did the accident cause the plaintiff to suffer a financial loss such as medical bills or lost wages?
If you can prove the defendant is at fault, then you’re on your way to making your case for damages.
Assess Your Damages
As noted above, the legal definition of damages may differ from what you think. There are three major categories of damages in court:
Compensatory damages are things like your medical bills, lost wages, and lost future earnings – anything that can be added up. These are quantifiable and tangible items that you can prove.
General damages are things that don’t fall into the compensatory category. These types of damages usually involve things like mental anguish and pain – things that are intangible. Being able to prove these in court is difficult, but not impossible. If your injuries justify your claims of suffering, you may get general damages.
Punitive damages are a financial award measured on the totality of the case. A court will pass down an award for punitive damages to punish the defendant if the negligence is high enough to warrant a stiffer fine.
You should not worry about whether or not you have a case alone. Contact a reputable serious injury attorney in your area and schedule a consultation. For more information about how our serious injury lawyer in Medford, OR from Andersen Morse & Linthorst can help you receive compensation, contact us today for a free consultation.
Your Guide to Personal Injury Cases
Personal injury lawsuits occur when one person suffers a serious injury at the negligence of another person or entity. These injuries tend to result in serious monetary damages. Medical bills may stack up and some lose wages because of an injury. When this happens, personal injury suits make sense. Personal injury lawsuits come in all shapes and sizes. Here are some of the most common cases that a Medford OR serious injury lawyer from Andersen Morse & Linthorst handles.
Defamation is libel or slander against another person. A person may suffer financial loss due to a damaged reputation because of untrue statements. To prove these cases, a Medford OR serious injury lawyer has to show that the lies caused you financial harm and that it is a lie. For celebrities and public figures, the rules are even stricter. The person must prove that there was malice involved. This means that they need to be able to show that the false statement was made with reckless disregard to the truth.
Intentional torts or assault cases are not based on accidents. Most personal injury lawsuits are based on negligence or accidents. When it comes to an assault case, there will probably be a criminal case also. Still, if someone attacks you and you suffer injuries from the attack, then you are owed compensation. You can file a personal injury suit while there is a criminal case
Dog bites can be serious. If you were bitten by someone’s dog, then that person is automatically liable for the bite. While state laws do vary when it comes to responsibility, most states have strict rules that the owner is responsible. While there may be some instances where the owner is not responsible, most are.
Car accidents are among some of the most common personal injury cases. When you are injured in a car accident and the other driver is at fault, then that driver generally owes you compensation for medical bills and other damages. Often, when you file a suit against another driver, you are technically seeking compensation from the other driver’s insurance company.
Experiencing a Traumatic Brain Injury from a Car Accident
Traumatic brain injuries are one of the most common, yet serious, injuries accident victims stand to sustain. In many cases, a TBI may be one of the last things you notice, especially if more obvious or even life threatening injuries are presenting themselves. A traumatic brain injury can have a significant impact on the life you once knew. Because of this, it’s important that you take the time to speak with a serious injury lawyer in Medford, OR to review your case in a timely manner.
The Effects of a Traumatic Brain Injury
A traumatic brain injury occurs when someone suffers a bump or blow to the head that results in brain damage. Unfortunately for some accident victims, suffering a brain injury may not only be impactful, it can be life changing. Depending upon the severity of the TBI you have suffered, you may experience:
- Memory Issues
- Mood Swings
- Loss of Balance
- Slurred Speech
Traumatic brain injuries can produce symptoms that may result in a lengthy rehabilitation, and in some cases may even warrant long term care. Because of this, accident victims may be left to contend with exorbitant medical expenses. If your injuries were the result of another party’s negligent actions, you may be able to obtain compensation for your losses, to take action, contact a serious injury lawyer in Medford, OR as soon as possible to determine next steps.
If you have suffered a traumatic brain injury from a car accident, it’s key that you take action as soon as possible. Each state has varying timeframes that a person has to file a legal claim against the negligent party, this is known as the statute of limitations. In most states, the statute of limitations is two years from the time of the accident.
Reviewing Your Case with a Lawyer for Serious Injuries in Medford, Oregon
If you have succumbed to an accident that caused you a traumatic brain injury, the road ahead may require an extensive recovery. It’s important to be aware that most traumatic brain injury lawyers provide prospective clients with the opportunity at a complimentary consultation. A complimentary consultation provides accident victims with a review of their case that gives a lawyer the ability to determine if taking legal action is in your best interest. At your consultation, you can expect:
- To be able to meet with a serious injury lawyer in Medford, OR, and face to face
- The opportunity to review your case and determine the appropriate next steps
- Get an idea of whether the lawyer is someone you would like to work with
- Sum up how a prospective lawyer will work with you on your case
- Discuss the fee structure and learn whether the lawyer will work on a contingency fee basis
Taking the time to review your case with a lawyer can make all the difference in ensuring that you choose a lawyer who is up for the task of taking on your case, and providing you with a clear idea of the best way to move forward.
A traumatic brain injury can leave lasting effects on a car accident victim. Picking up the pieces can feel overwhelming, especially when trying to recover from the injuries you are facing. With a serious injury lawyer in Medford, OR, and one who is experienced in representing accidents that have resulted in traumatic brain injuries, victims have the ability to reach a resolution for the compensation they are entitled to.
Let a Medford OR Serious Injury Lawyer Help
If you suffered at the hands of someone else’s negligence, then you may deserve compensation. If you plan to file a lawsuit, then it’s important to know what type of suit you can file. Of course, there are so many different types of personal injury cases that it’s important to talk to a lawyer to find out if you qualify. Set up your consultation with a serious injury lawyer Medford OR clients recommend from Andersen Morse & Linthorst today.
5 Serious Complications Following TBIs
A TBI is a serious injury that occurs when a violent blow to the head causes injury to the brain tissue. TBIs could consist of skull fractures, concussions, hematomas and more. While physicians try to minimize the complications following a TBI, the more severe the injury was, the more likely you will face major complications. Here are the five most common complications following a TBI.
If your brain contains excess fluid, it can cause your brain to swell. When this happens, your skull prevents your brain from being able to expand. This will cause pressure to build up and can even damage your brain. There are some medications that can reduce the swelling and there are fluid restrictions. In serious cases, surgeons may need to operate in order to reduce the pressure.
You may know hydrocephalus by the term “water on the brain.” This can happen if cerebrospinal fluid collects in the ventricles. This condition does not necessarily happen as soon as the TBI does. Sometimes, it may develop during the initial time of injury, but in other cases, it might not happen until sometime through the first year. If it is too severe, doctors may need to put a shunt in the brain to drain the extra fluid.
A brain infection can happen within the brain, in the membranes of the brain, under the dura or outside the dura. Most often, infections happen when there are depressed skull fractures or some other object that has penetrated the brain. In most brain infections, you would need antibiotics. In severe cases, surgery is necessary.
When you have a TBI, you have to spend time in bed. Unfortunately, when you are bedridden, it can increase your risk of pneumonia. When you have a medical team, they should look out for you and monitor your breathing and lung status. You may also require recurrent x-rays to ensure that you do not have pneumonia. One sign that you may have pneumonia is a fever. Most antibiotics can treat pneumonia.
Severe brain injuries do not always heal on their own. They require extensive medical intervention. In some cases, a TBI may lead to other complications. The complications from your TBI would still be eligible for compensation because they are directly connected to the injury itself. To find out more about your settlement, consult with a brain injury lawyer as soon as possible.