PERSONAL INJURY LAWYERS
Zemper Eiva Law LLC is a Eugene, Oregon based personal injury law firm. We are dedicated to helping clients statewide receive the compensation they need to take care of themselves and loved ones after a serious injury or death caused by the wrongful conduct of others.
Our personal injury law firm provides our clients expertise in numerous types of cases including wrongful death, construction and industrial worksite injuries, legal and medical malpractice, bad faith insurance denials, all roadway accidents, and representation of crime victims and survivors.
Our personal injury lawyers collectively have experience in litigating and settling high-value claims, handling complex insurance issues, and winning many jury trials, including recent multi-million dollar verdicts in Marion County and Multnomah County.
Consultations are always free and almost all cases are handled on a contingency fee basis. That means there are no out of pocket expenses for you and we do not collect attorney fees until YOU are compensated.
Contact one of our personal injury attorneys today by calling us at 541-636-7480.
PERSONAL INJURY & WRONGFUL DEATH PRACTICE AREAS
The 5 don’ts following an accident
The company may also try to give you the impression that you have a legal obligation to provide a recorded statement. But you almost never have a legal obligation to give a recorded statement. If you do ever have an obligation to give a statement under your insurance policy or otherwise, you have the right to have your personal injury attorney present.
If an insurance company or a private investigator calls in the days and weeks following an injury and asks you to give a recorded statement or interview simply say “No thank you, I will let you know when I am ready to give an interview” and contact an experienced personal injury attorney to guide you through the process.
The company agent will say that he or she needs you to fill out the authorization so that the insurer can process your claim and reach settlement. Sometimes insurance companies will give the impression that you have legal obligations to sign the medical authorization form. Despite any representations by the insurance company, it does not have a right to this information, you do not have an obligation to sign the authorization, and the company does not need this information for you to obtain a fair settlement.
Insurance companies often use these authorizations to dig into unrelated personal and medical matters to later use such information in the litigation process to personally embarrass you or to unfairly suggest that your injury was pre-existing and did not derive from the car accident. The sole purpose is to drive down the value of your claim.
If an insurance company is asking to dig into your medical history through a medical authorization you should contact an experienced personal injury attorney who knows how to help you obtain a fair resolution to your case and still protect your privacy rights.
Likewise do not make early demands for settlement. Many people who make early demands for settlement do not know how to evaluate their claim and accordingly make demands that are way too low or way to high. If you demand too little you may not end up with fair compensation to cover all of your medical bills or other losses. If you demand too much, it signals your inexperience to the insurance company and it will look to further take advantage of you. In the end, when the demand is too high or too low it can lead you to a unfair settlement.
An experienced personal injury attorney can help you evaluate settlement offers and find the right range of negotiation. Contact the Zemper Eiva personal injury law firm today and we can help you evaluate your claim so you can recover a fair settlement.
However, many people, due to their optimistic nature, will tell their doctors and other medical providers things like “I’m getting better” or “I feel back to normal” even when things are not better or back to normal. While we commend folks for approaching their medical treatment with optimism, it is best to not minimize your injuries to your medical providers when it does not reflect the truth. That is because doctors and other medical providers often write these statements in their notes, and insurance companies later will try to use those inaccurate notes to suggest that you have recovered from your injuries even when you have not.
Likewise, you should not overrate your injuries. That can create far worse problems for your claim. The simple rule to follow is that you should fully and accurately describe your symptoms and concerns to doctors. Nothing more, nothing less. Contact the experienced personal injury lawyers at Zemper Eiva Law today and will will help you navigate all aspects of your personal injury claim.
Frequently asked questions
Making sure the police are called is also important. The police can help at the scene and also make your claim stronger later on. Having a police report written is important for several reasons. First, it is important that information is collected from all the parties and witnesses to the accident. Second, although the at fault party may feel terrible and apologetic at the scene, people tend to want to change their mind once they fear repercussions from the insurance carrier; so it is helpful to have them provide a statement to the police officer. If they later decide to change their story, it will appear less credible.
One of the first things our personal injury lawyers do when we commence representation is conduct a thorough investigation of all the facts and circumstances of your injury accident. Accordingly, never throw anything related to your accident away, such as ripped or stained clothing, damaged items, photos from your cell phone, etc. Further, never give a recorded statement to an investigator or insurance agent without first speaking with one of our personal injury attorneys. Only speak about your motor vehicle accident to your family and doctors. Do not put anything on Facebook or other social media regarding your accident and injury, as insurance investigators will attempt to use this against you.
It is important that you do not speak with the other insurance company, as they are truly your adversary and will likely attempt to assign some blame on you. It is best to leave the negotiations with a skilled personal injury attorney that works for you and handles these cases everyday. Finally, there are certain time limits in handling a collision case, if your case is not resolved prior to this time limit, you will not be entitled to any recovery.