June 28th, 2007
If you are on the job and injured in a car accident cased by a third party you will soon receive an election form from workers compensation which asks whether you will election out of the workers comp claim. This is the so-called election and its not democrat vs. republication.
In a car accident workers compensation case its best (in my opinion) to elect out so you can get third party injury money settlement from the other driver if you were hurt on the job in the state of Oregon. Under Oregon workers compensation you can’t sue your employer but you can get a settlement and money if a third party like a third party driver caused the car accident. If you choose to elect out in a car accident Oregon workers comp claim you still can get your medical bills and time loss paid by Oregon workers compensation and get pain and suffering money from the liable car accident driver.
In deciding whether to elect out on a workers comp car accident its best to talk to an injury lawyer to figure what is best for your injury settlement because you should want to maximize what you will get. There are situations where you can get a workers comp award and also get third party injury settlement money. While our office handles only car accident injury cases and related injury cases we do not handle workers comp cases yet we know several workers comp attorneys with whom we regularly consult on the interplay of these two areas.
On any workers compensation car accident election there will be a workers comp lien as they are entitled to reimbursement for paying out on your time loss and medical bills. In fact on election cases, workers comp must approve the third party bodily injury settlement that your injury lawyer will broker.
Posted in Car Accidents | No Comments »
June 27th, 2007
Having done personal injury car accident work and litigation for the last 15 years each summer I see tragic car accident cases involving the death of minors and teenage kids which frequently involve alcohol. Motor vehicle car accident crashes are the number one cause of death for teens in America as they take nearly 6000 young lives and injure another 300,000 teens every year.
In any wrongful death car accident fatality case in the state of Oregon and in the state of Washington one parent or guardian is appointed to pursue the case whether as a personal representative or the estate executor. Wrongful death cases can often turn into a race to the court house. In any wrongful death case if the parents are divorced or split up any parent can take the lead on the case in terms of getting appointed as the personal estate representative or executor.
Parents of deceased teens and minors are entitled to compensation for their loss and if the parents are divorced it often comes down to a question of fact as to the degree or the amount of time the deceased child was involved in their life. I have been directly involved in cases where one parent has little contact with a child who dies in a car accident and recovers money despite a record of little or no contact with the child.
Loss of a child in a car accident is a tragic event and having an understanding (car accident injury) lawyer may ease the burden such a loss presents.
Posted in Loss Of Life Cases | No Comments »
June 26th, 2007
When two cars collide head on into each other- often called a head on collision- the result
unfortunately is often the death of one or more of the drivers or passengers. In representing injured car accident victims in Oregon State and Washington State for the last 15 years I have come to know the identity of some of the most dangerous stretches of roadways in Oregon.
Many fatalities have occurred along State Highway 30 near Rainier and St. Helens in Columbia County. The state has tried in the last few years to make this road a little safer by installing medians and trees as a safety barrier. Some dangerous roads such as Highway 26 have the more deadly parts of the roads identified as a safety corridor.
Motorists are expected to maintain heightened car driving care in safety corridors in the state of Oregon. When car drivers fail to use due care in safety corridors for the non fault driver this will improve, in my opinion, the strength of the injury claim. Which then, is eventually presented to the insurance adjuster whether in Oregon State or Washington State.
Posted in Car Accidents | No Comments »