How Much Can an Accident Injury Claim Be In Oregon?
When you’re dealing with an accident personal injury claim, it can be confusing to understand insurance policy limits. People often wonder just how much they have the potential to receive as compensation from the insurance company. In this article, we’ll explain how insurance policy limits work along with the most effective ways to receive compensation beyond your insurance company.
If you need help with an accident claim in Oregon, we can help! Whether it’s for a car accident or a dog bite, we’re experienced attorneys who can help you get the compensation you deserve.
Personal Injury Claims in Oregon
As is the case with most states, Oregon has some damage caps in place when it comes to the amount of compensation a victim can receive as a result of a personal injury case. That maximum amount in Oregon is $500,000. This is the limit on non-economic amounts stemming from a personal injury.
In Oregon, there are ways to recover the financial losses that you may have suffered after an accident. Personal injury claims can help get your medical bills and finances back under control. They can also help you recover lost wages and compensation for pain and suffering. The average personal injury settlement amount in the USA is approximately $62,600. This amount is the number of settlements averaged over the past 5 years. There are a few main factors that contribute to the settlement amount of a personal injury case.
● Severity of the Injuries Involved
● Medical Bills and Wages Lost
● Pain and Suffering
● Insurance
It’s important to remember that the average amount of personal injury settlements should not be planned on as standard or expected. Most personal injury cases will likely fall somewhere above or below the average.
What Happens When a Car Accident Claim Exceeds Insurance Limits?
Whenever a liability insurance policy is purchased, expect that there will always be a policy limit. This simply means that there is always a preset maximum dollar amount the policy will cover. For example, if you purchase a liability car accident policy that has a $25,000 limit, your insurance company won’t cover any injuries or damages beyond that amount. So what happens if you are in an accident where the damages involved total $50,000? The insurance policy won’t cover the excess $25,000. If awarded by a judge or jury, that extra amount will have to come from another source.
Collecting Injury Compensation Beyond the Insurance Policy
There are 3 ways that an injured person can potentially acquire compensation in excess of insurance policy limits. These options are as follows:
1. Utilizing an umbrella insurance policy
An umbrella insurance policy is insurance that provides protection beyond existing limits and coverages of other policies. The primary insurance policies pay up to their limits and any additional amount is covered by the umbrella policy. Umbrella insurance covers damages such as injuries, personal liability situations, property damages, and other certain lawsuits.
Even though umbrella policies are common when it comes to corporate defendants, many private individuals also have them as well. It's always a good idea to look into all the insurance policies involved with the defendant in your case.
2. Suing more than one defendant
In certain circumstances, there may be more than one party that can be held both financially and legally responsible for an accident. This would mean that if each liable party had an insurance policy with a limit of $25,000, both of those policies combined would be able to cover the $50,000 judgment.
Medical malpractice is one area where there may be multiple defendants held responsible. Both the doctor and hospital involved may be guilty of medical negligence in providing proper patient care.
3. Attempting to collect from a defendant personally
Oftentimes when the at-fault party’s policy doesn’t cover the full amount of damages in an accident, attempting to collect directly from the defendant is your best option. Your biggest concern will be if the defendant has the means to pay you. The defendant isn’t able to pay for the excess damages if they have no money, property, or assets that you can collect from.
How Long After a Car Accident Can You Claim Injury in Oregon?
Each state has a strict time limit on when you can bring a lawsuit to court. Individual states also have specific limits set for can accident claims. The time limit for a personal injury claim in Oregon is 2 years. The statute of limitations is similar to other personal injury cases. The time limit for filing a property damage claim is 6 years. If you’re in an accident, the sooner you contact a personal injury attorney in Oregon to discuss your case, the smoother the claim process will be.
Keep in mind that there may be exceptions to the 2-year statute of limitations. Certain insurance policies state that you need to arbitrate before you can sue them. If you choose to take that route, you must do so within one of two years of your accident.
Can you claim a car accident without a police report?
People often wonder if they can claim a car accident if they haven’t filed a police report. The answer is yes. However, having a police report will help you ensure the validity of the details involved in your accident and may aid in speeding up the process of your case. Minor accidents don’t require a police report for insurance.
A police report gives a detailed and official description of what happened during the accident and are always required when injuries or major damages are involved. It’s always a good idea to document any accident you’re involved in by taking several pictures and writing down all the specifics. Include the location of your accident, the date and time, and any individuals involved along with their insurance info.
How Insurance Policies limits work
When you file a claim, your insurance policy will only pay up to a certain amount. You’re responsible for any expenses that go above and beyond that amount. In a car accident, your policy limit is determined by your type of coverage.
● Auto Liability coverage limits are mandated by Oregon state law. Each state has minimum limits that drivers must purchase by law. Drivers are free to increase their liability limits by purchasing more insurance coverage at any time.
● Comprehensive and Collision Coverage have limits that are equal to the cash value of the vehicle you were driving at the time of the accident. So, if your car is totaled in an accident, your policy should cover up to the vehicle’s current value.
How an accident claim attorney can help throughout the process
When you’ve been injured in an accident, seek medical attention immediately and contact law enforcement. Once you’ve been treated, give the officer a report of your accident. At this point, you should get in touch with a personal injury lawyer in Oregon right away. Not only do you need to worry about the 2-year statute of limitations when filing your claim but there are additional deadlines to be aware of. To make sure you do everything in the proper time frame, consult a lawyer right away. An experienced attorney will also help you receive justice and compensation for the pain and suffering inflicted by the responsible party.
How Much Can a Car Accident Injury Claim Be Conclusion
If you’ve been the victim of a personal injury, whether your injuries stem from a car accident, slip and fall incident, or any other personal injury accident, immediately consulting an attorney is your best course of action. An attorney can help file your case with the court, help you establish fault, and inform you of what damages you should seek compensation for. Hiring an experienced Oregon personal injury attorney like Shannon Powell with Powell Law will greatly increase your chances of ensuring you receive the fair compensation you deserve from your claim.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
