Understanding the Factors That Can Shape a Car Accident Claim in Portland
A car accident claim is a legal demand for compensation for injuries caused by a crash. The claim seeks to negotiate payment for medical expenses, lost wages, property damage, and other losses.
In a busy city like Portland, car accidents are a common concern, with the city reporting more than 10,000 crashes each year. Heavy traffic, busy highways, changing weather conditions, and other factors can contribute to collisions and affect how an accident claim is evaluated.
If you have been involved in a car accident, a Portland car accident lawyer can help you understand the factors that may affect your claim and what to expect during the process.
Factors that Determine a Car Accident Claim
Liability and Degree of Fault
More than one person can be blamed or be at fault after an accident. The other driver may have been driving while drunk, but you could also be speeding, making the accident partially your fault. To establish who is at fault, all parties must be investigated.
Under the revised code of Portland § 31.600, the 51% bar rule applies. This means that you can only be compensated for damages by the other driver if your share of the fault is 50% or less. You cannot recover damages from the other driver if you are at 51% or more fault.
The Severity of Your Injuries
Some injuries can be more severe than others. Neck and back injuries may not be as severe as an injury requiring surgery. Spinal cord damage, which can cause permanent changes in the body’s functions and significantly affect the quality of your life, can be valued higher than emotional pain or trauma.
It can be frustrating if you feel that your injuries have been overlooked, but injuries that have lasting physical damage are considered more serious. If your injuries heal quickly after an accident and there is no permanent physical damage, your compensation may be lower.
Lost Wages and Income
The loss of earning capacity is one of the main factors a Portland car accident lawyer considers. The calculations are done; the monthly salaries are noted, and you’ll be compensated for the number of days you are out of work.
Medical Expenses and Bills
Hospital bills are often the biggest factor in settling an accident claim. Keep a record of all medical bills, receipts, prescription costs, and other expenses so they can be factored into your compensation calculation.
If you had to go for therapy for an extensive period of time, this can indicate that your injuries were severe and require long-term care. You can also keep a record of these.
The Time You Took Before Getting Medical Assistance
According to the National Institutes of Health, accident victims may take from six to 12 months, or even longer, to fully recover. However, that doesn’t mean you should wait to go to the hospital.
Even if you feel fine, complications often arise later. You might assume you have no serious injuries after a crash, but come to realize later there were internal injuries.
It’s best to seek medical care within the first 72 hours after an accident to protect your health and strengthen your claim.
Takeaway Points
- After a car accident in Portland, you can claim compensation to cover losses as a result of the crash.
- A lawyer can help you understand all the factors considered before making a car accident claim.
- Your share of fault must be less than 50% for you to be compensated.
- More serious injuries attract higher compensation.
- Seek immediate medical help after an accident.
- Keep records of all medical bills and hospital receipts to help calculate total costs when accounting for damages.