There are tens of thousands of car accidents in Oregon each year. These accidents involve cars, trucks, motorcycles, bicycles, and pedestrians. Many of them result in serious injuries, and sadly, too many in fatalities. If you’ve been injured in a crash, it’s natural to want to put the experience behind you as quickly as possible. But before you accept a car accident settlement in Oregon, consider these five crucial things that can impact your compensation, rights, and financial recovery.
1. The First Offer Is Rarely the Best Offer
If you are not at fault for the accident, getting a settlement offer may be “easy.” Insurance companies often make a quick settlement offer shortly after a crash. Their goal is not to pay you what your claim is truly worth but to resolve the claim as cheaply as possible. Accepting the first offer might feel like the easiest way forward, but once you sign a settlement agreement, you typically forfeit your right to pursue additional compensation.
Before you accept, consult with an experienced personal injury attorney who can accurately value your case based on medical costs, lost wages, pain and suffering, and long-term needs. In most cases, calling an attorney a month after you settled will be too late to undo it!
2. You Need to Understand the Full Extent of Your Injuries
Some injuries, such as soft tissue damage, traumatic brain injuries, or spinal injuries, don’t fully reveal themselves immediately. Settling too soon can leave you without compensation for ongoing medical care, physical therapy, or future surgeries. It’s critical to wait until you’ve reached “maximum medical improvement” (MMI), meaning your condition has stabilized and doctors have a clear picture of your future medical needs. Only then can you more accurately determine your future medical needs and calculate the total cost of your injuries.
3. Your Future Damages May Be Significant
Compensation after a car accident isn’t just about the bills you’ve already paid. It should also take into consideration future medical expenses, lost earning capacity, rehabilitation costs, and long-term care needs. If your injuries prevent you from returning to the same job or reduce your ability to work, those future losses should be factored into any settlement. Same goes for loss of opportunity. An attorney experienced in personal injury law can work with medical experts, economists, and vocational specialists to ensure your settlement accounts for the long-term impact of your injuries.
4. Comparative Negligence Can Affect Your Compensation
Oregon follows a modified comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault for the accident. For example, if you are found 20% responsible, your total recovery will be reduced by that percentage. And if you are found more than 50% at fault, you could be barred from recovering anything.
Insurance companies know this and often try to shift blame to reduce payouts. Even when it is clear the other party is responsible, the insurance adjuster may recharacterize the facts to suggest you carry some responsibility. Having a skilled attorney advocate for you can help ensure liability is accurately determined and your compensation isn’t unfairly reduced.
5. Once You Settle, You Can’t Reopen Your Claim
Perhaps the most important thing to remember is that almost always settlements are final. Once you sign a release and accept payment, you cannot go back and ask for more money, even if new medical issues arise or your condition worsens. That’s why it’s essential to review every aspect of your claim carefully and make sure the settlement truly reflects your current and future damages before signing anything.
Final Thoughts
Settling an auto accident case is a major legal and financial decision. Insurance companies are focused on minimizing their costs — you should be focused on protecting your future. By understanding your rights, waiting until the full scope of your injuries is clear, and working with an experienced personal injury attorney, you can maximize your recovery and move forward with confidence.
At Shlesinger & deVilleneuve Attorneys, P.C., we’ve been fighting for injured Oregonians since 1971. If you’re considering a settlement, let us review your case and make sure you’re getting every dollar you deserve. Contact us today for a free consultation.
