FAQs (Frequently Asked Questions)
Personal injury
What is a personal injury claim?
A personal injury claim is a legal claim brought by someone who has been injured due to another person's (or company's) negligence. These claims seek compensation for medical bills, lost wages, pain and suffering, etc.
HOW MUCH IS MY CASE WORTH?
Every case is different. Factors that affect value include:
- Severity of injuries
- Medical expenses
- Lost income/wages
- Future medical care
- Pain and suffering
-Permanent disability or impairment
What SHOULD I do immediately after an accident?
You should:
- Seek medical treatment
- Report the accident to the police, DMV, and/or involved insurance companies (make a claim)
- Take photographs
- Gather witness information
- Keep all medical records and receipts
- Avoid discussing fault
- Contact a personal injury attorney
How long do i have to file a personal injury lawsuit?
Each state has their own Statute of Limitations for when a personal injury lawsuit must be filed. If you miss that deadline, you may be barred from recovering compensation for your claim. See below:
Oregon: 2 years (from the date of the incident).
Washington: 3 years (from the date of the incident).
How long will my case take?
Some cases settle in a few months, while others take a year or more. The timeline depends on your medical treatment, negotiations, liability disputes, whether a lawsuit is necessary, etc.
What if the other driver doesn't have insurance?
If you were involved in a car accident with someone who did not have insurance, you may still have options. We can:
- Investigate whether there is additional insurance policies;
- Whether there is significant personal assets to pursue;
- Make an uninsured/underinsured motorist claim with your own insurance; or
- Look for additional responsible parties.
What should i bring to my free consultation?
It is best to bring any medical records, police reports, insurance letters/emails, claim numbers, photos, wage records (if wage loss claim), and anything else relevant to your personal injury claim.
What happens at a free consultation for my personal injury claim?
At Bottini, Bottini & Oswald, PC, we are happy to meet in whatever way is convenient to you. Whether that is in-person at our office, over the phone, or video-conferencing, we can make it work.
During this meeting we will discuss the case, review documents, explain your legal rights, answer any questions you may have, and explain the next steps.
What types of cases do you handle?
At Bottini, Bottini & Oswald, PC, we handle the following Personal Injury cases in both Oregon and Washington:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall injuries
- Premises liability claims
- Dog bites
-Wrongful death
- On-the-job injuries
In addition to Personal Injury claims, we handle Oregon Workers' Compensation claims.
Why should i hire your law firm?
At Bottini, Bottini & Oswald, PC, we can:
- Handle all communications with the insurance companies;
- Gather evidence;
- Work with medical experts;
- Build and draft demand packages;
- Negotiate your claim;
- Prepare your case for trial, if necessary;
- Allow you to focus on your recovery; and
- Much more!
Our reviews speak to our client-centered approach. We are here for you during the life of your claim and beyond. We strive to practice compassionately, and are on your side!
Do I have a personal injury case?
You may have a personal injury case if:
1. Someone else was negligent;
2. You suffered injuries; and
3. Your injuries resulted in financial or personal losses.
The best way to know is to speak with one of our attorneys during a free consultation.
How much does it cost to hire a personal injury lawyer?
It is very common for personal injury attorneys to work on a contingency basis, meaning you pay nothing upfront. Attorney fees are only collected if compensation is recovered for you.
should i talk to the at-fault person's insurance company?
Be cautious. Speaking with the liability insurance carrier is not required beyond the basic information necessary to open a claim. The liability insurer is not entitled to a recorded statement or frequent treatment status updates. Insurance adjusters often seek information early and often in an attempt to minimize your claim. It is common for insurance companies to try and settle your injury claim as soon as possible.
Always speak to a personal injury lawyer before accepting any settlement offer.
what damages can i recover?
Depending on your case, you may recover compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
Please note that the available compensation is different for workers' compensation claims. Please see that FAQ page for more information.
Will my case go to court?
Most personal injury cases settle before trial. However, there is always a chance once a lawsuit is filed that it goes the distance. We prepare for each case as if it is going to trial.
What if i was injured at work?
See Workers' Comp specific FAQs below.
In addition to a workers' compensation claim, you may also have a personal injury claim against a negligent third-party. A common example of this is an on-the-job car accident.
At Bottini, Bottini & Oswald, we specialize in Personal Injury and Oregon Workers' Compensation claims. If you were injured on-the-job due to a negligent third-party, we may be able to represent you in both a Workers' Comp claim and third-party claim.
How do i hire a personal injury lawyer?
If you choose to hire a personal injury lawyer, either from Bottini, Bottini & Oswald, PC or elsewhere, you will need to sign a Retainer Agreement, Contingency Fee Agreement, and most likely a medical release.
How is pain and suffering calculated?
There is no easy way or fixed formula to determine pain and suffering. It is a combination of factors, such as:
- Severity of injuries;
- Length of recovery;
- Permanent impairment (including age and life expectancy);
- Emotional distress;
- Interference with activities of daily living; and
- Need for future treatment.
What if the insurance company already offered me a settlement?
You should have the offer reviewed by an attorney before accepting it. Early settlement offers are often less than what an injury claim may ultimately be worth.
Do i need a lawyer for a minor accident?
Even seemingly minor accidents can result in injuries that worsen over time. Speaking with an attorney helps you understand your rights before accepting a settlement.