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If you were injured or experienced damages caused by a driver who is clearly at fault, then you probably have a case.

• If possible, move all involved vehicles off the roadway and ensure no vehicle or debris is blocking traffic.
• Seek medical care for any parties injured or potentially injured in the accident. Note that some injuries may not become apparent until hours or even days after the incident.
• Document all personal injuries and vehicle damage. Documenting road conditions if safe to do so is also important.
• Report the accident to your insurance company.
• Get an estimate for vehicle repairs from somewhere you trust.
• DO NOT admit fault, delay medical care, or post about the incident on social media.

Each situation is different. Many claims can be settled amicably without involving an attorney. However, for more complex claims, if fault is in question, or if anything seems unclear, you are likely to benefit from the assistance of an attorney.

Lawyers carry out a range of tasks, including dealing with insurance companies on your behalf, gathering evidence for your claim, calculating appropriate compensation, negotiating settlements, and providing you with guidance and support.

Damages can be either economic or non-economic. Economic damages might include medical bills (past and future), lost wages, diminished earning capacity, vehicle repair or replacement costs, and so on. Non-economic damages refer to non-monetary losses, often referred to as pain and suffering. These kinds of damages include lingering trauma, stress caused by physical limitations resulting from the accident, diminished quality of life, chronic pain, and so forth.

If someone’s actions, behavior, or negligence has caused you harm—either in the form of physical injury or property damages—you likely have a case, and it is to your benefit to consult with an attorney.

The strength of your personal injury case will depend on a number of factors:

• Liability: Who is at fault in your case?
• The extent of the damages: Both economic and non-economic damages should be considered.
• Causation: Damages must be the direct result of the other party’s negligence, actions, or behavior.
• Evidence: Proof of damages and causation are required to receive compensation. Medical records, medical bills, police reports, photographs, and expert witnesses can all strengthen your chances of a successful personal injury case.
• Timing: Does your case fall within the statute of limitations for filing personal injury lawsuits? In Oregon, that limit is two years from the time of injury.

Typically, the personal injury protection (PIP) insurance on your vehicle covers your medical care (whether you are injured in your vehicle or as a pedestrian or cyclist), but there are exceptions. If your PIP insurance is exhausted, your health insurance often takes on the remaining coverage. The at-fault driver’s insurance may also cover medical expenses due to an accident.

No, you may see any provider you wish. As long as treatment is necessary because of the accident and reasonable, the insurance company is contractually obligated to cover medical costs.

If your insurer attempts to limit your options or send you to an Independent Medical Examination (IME), consult a lawyer to protect your rights.

If your current method of treatment doesn’t seem to be working—you’re experiencing chronic pain, struggling with recovery, or just not getting better—discuss your options with your physician. Additional imaging or testing or a referral to a specialist may be required. You may also wish to seek a second opinion.

Keep detailed records of your progress, or lack thereof, from the onset of your injury. This can include written notes, videos, or photographs. This documentation may be important if you seek legal assistance for your case.

PIP insurers may move to cut off coverage if progress is slow or stalls completely. If this occurs, consult with a lawyer.