Multiple Surgeries for Eugene Multiple Car Crash Victim

Posted on May 9, 2013 by Rich Potter

Our client in this matter was the restrained driver of an SUV that was stopped in traffic at an intersection in Eugene, which was controlled by a traffic light.  While our client was stopped, another driver rear-ended our client’s vehicle, pushing her into the car in front of her.  This collision caused several thousand dollars worth of property damage to our client’s vehicle.

Following this multiple-car collision, our client went to the emergency room because she was experiencing severe neck and back pain.  Initially, she underwent conservative physical therapy to help reduce the pain.  Unfortunately, her condition did not improve with the physical therapy alone and she was referred to a specialist who performed an MRI on her neck that revealed several herniated discs.

Eugene Oregon Auto Accident Injury Attorneys | Eugene Oregon Personal Injury AttorneysOur client underwent neck surgery to correct the herniation of her discs and then returned to a modified physical therapy regimen.  But this did not mark the end of her treatment: once her neck had completely healed, our client discovered that she was having lingering lower back problems that she hadn’t noticed prior to this Eugene auto accident.  She was again referred to a specialist by her primary physician where an MRI was conducted on her lower back.  It revealed more herniated discs that only surgery could fully correct.

After completing her second surgery and some follow-up physical therapy, our client needed legal assistance in proceeding with her claim against the at-fault driver and his insurance company.  In addition to the property damage and extensive medical treatment she had undergone due to her accident-related injuries, our client also needed help recovering lost wage compensation she had to miss work for two extended periods of time corresponding to her two surgeries.

Our client hired the experienced Eugene auto accident injury legal team at Dwyer Williams Potter LLP because she wanted to be in good hands.  Her insurance company was questioning whether her neck and back problems were all attributable to this motor vehicle accident.  Once on board and representing our client, we were able to get her personal injury protection (PIP) to pay all of her medical bills and wage loss.  We also provided our client’s comprehensive medical records (documenting her post-accident medical history as well as her medical history prior to the collision) to her insurance company in order to prove that the neck and back conditions she was seeking redress for were, in fact, caused by the impact of this car crash.  No previous doctors had ever treated our client for neck or back injuries.

The driver who hit our client was uninsured at the time of the accident, so we next set about obtaining an uninsured policy settlement through our client’s insurance company.  We also recovered a full policy settlement with the at-fault driver’s insurance company. In the end, our client made a full physical recovery as well as a fair monetary one.  She was very happy with her selection of Dwyer Williams Potter in this Eugene auto accident.

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Quadrupled Settlement Reached for Injured Eugene Driver

Posted on May 6, 2013 by Rich Potter

Our client was driving her car in the right hand lane of a busy Eugene street. As she was passing through an intersection on a green light, another motorist ran entered the intersection while running a red light and hit the passenger side of our client’s car. There was no question of responsibility for the accident – the other driver had obviously caused the accident by his reckless driving.

Eugene Oregon Auto Accident Injury Attorneys | Eugene Oregon Personal Injury AttorneysOur client was injured in this auto accident, but she made a decision to limit the treatment that she received for her accident-related injuries. The adverse insurance company chose to interpret our client’s limited treatment to mean that she was not in fact seriously injured by the collision. For this reason, the insurance company made a low-ball settlement offer to our client.

It was after receiving this low-ball settlement that our client contacted the experienced Eugene Oregon auto accident attorneys at Dwyer Williams Potter LLP.  After obtaining our client’s complete medical records and bills, we evaluated her claim and discussed her claim in depth with her. We next sent a demand package to the adverse insurance carrier and began negotiating for a fair settlement. After several rounds of negotiation, we were able to obtain a settlement for our client that was nearly four times what she had been offered prior to contacting our law firm.

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Generous Settlement in Eugene Slip and Fall Case

Posted on April 26, 2013 by Rich Potter

Approximately midday, our client walked into a Eugene convenience store to purchase lunch and a drink. As our client entered the store and approached the food shelf area, he slipped on a substance on the floor and fell. Although he was able to catch himself by grabbing a shelf while he fell, he nevertheless cut his hand in the process and strained his shoulder and back. Our client received approximately three months of chiropractic treatment for his injuries.

The store initially denied liability because they said a customer must have spilled something on the floor. Additionally, they took the position that he could not have injured himself because he did not fall to the floor so, therefore, his injuries and need for treatment must have been due to preexisting conditions.

Fortunately, our client contacted Dwyer Williams Potter LLP shortly after this premises liability incident occurred. He knew our stellar local reputation as dedicated Oregon slip, trip, and fall attorneys (in the legal profession, slip and fall cases are referred to as “premises liability” cases). Through an investigation, we were able to determine that the substance on the floor that our client had slipped on was vegetable oil from a leaky bottle that had been stocked by a store employee. The employee neither noticed the spill nor cleaned it up. Given this new information, we were able to convince the store that they – through their employee – were liable for the injuries that resulted from our client’s slip and fall in their store. We were further able to show that our client had no preexisting problems with his back and shoulder, so this could not be claimed as the reason why he sustained his shoulder or back injuries.

In spite of several large hurdles, we were able to get our client a fair settlement that included paying his medical providers and compensating him for his pain and suffering. Our client was content with this end result and happy with his choice to call the experienced slip and fall attorneys at Dwyer Williams Potter LLP.

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Highway Head-On Collision Accident Victim Gets Settlement

Posted on April 15, 2013 by Rich Potter

Our client was driving South on a highway near Florence, Oregon, with his wife in the passenger seat when a North-bound vehicle crossed the center line and collided with our client head-on. Our client was taken from the scene of the accident to a local hospital by ambulance. He had sustained injuries to his neck, back, and shoulder, for which he received treatment and underwent physical therapy for three months. In addition to enduring months of discomfort and pain as the result of this accident, he also accumulated substantial medical expenses.

After the collision occurred, the other driver received a citation for driving under the influence of intoxicants. His responsibility for the accident was not in question at that time. Approximately four months after the accident, however, our client remained unable to get the at-fault insurance company to communicate with him. He had neither been compensated for his totaled vehicle nor had he obtained a rental car.

He hired the experienced Eugene auto accident injury attorneys at Dwyer Williams Potter LLP to represent him in this matter because of our reputation for recovering full and fair damages for those who have been injured at no fault of their own. Once we had been retained, we were immediately able to get our client compensation for his damaged vehicle and for loss of use of that vehicle. The at-fault driver’s insurance company also attempted to take the position that the need for treatment was due to our client’s older age rather than their insureds’ negligent driving practices.

After reviewing our client’s medical records, we were able to point out to the insurance adjuster that he did not have any preexisting conditions and that his need for treatment was due to the injuries that he sustained in this accident, which was caused by their insured. The negotiation process was challenging because the defendant’s insurance carrier continued to take the position that his need for treatment was unrelated to the auto accident. However, determined and patient and supported by the facts, we finally turned the tide in favor of our client and were able to resolve the claim.

If you or a loved one has been injured in an auto accident in the Eugene area, call Dwyer Williams Potter Attorneys LLP toll free at 888-700-4792 or contact us online. Our Eugene personal injury law firm is exclusively devoted to representing the interest of Oregon clients who have suffered serious personal injuries in accidents.

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Parking Lot Accident Victim Awarded Satisfactory Settlement

Posted on March 22, 2013 by Rich Potter

Dwyer Williams Potter LLP has settled another pedestrian injury claim without the need for litigation. The details of this accident and ensuing legal process are that our client had just finished shopping at a local convenience store and was loading purchases into her car when she suddenly found herself pinned to her car and unable to move. Another driver had tried to pull into the parking spot next to hers when he accidentally hit our client’s car door. The force of this impact crushed our client between her car door and the frame of her car. The force of this impact left our client with significant injuries.

Eugene Oregon Auto Accident Injury Attorneys | Eugene Oregon Pedestrian Accident Attorneys | Eugene Oregon Personal Injury Law Firm

Our client sought immediate care for her accident-related injuries and as soon as her treatment was completed she contacted Dwyer Williams Potter LLP because she had heard that we were experienced Eugene auto accident and pedestrian injury attorneys . We immediately went to work evaluating her claim, then we met with her to discuss our findings and legal opinions.

We contacted the adverse insurance company on behalf of our client and, after several rounds of negotiations with them, rejected what they presented as their “final” offer. It was our professional opinion that, based on the details of the case, this offer was low – in fact, it was not large enough to cover our client’s accident-related medical costs, much less pay for any pain and suffering or other damages.

We responded to the insurance company’s insulting low-ball offer with a series of letters that explained that if we were to file a lawsuit related to the accident and win at trial, then our attorney fees would be tacked on to our client’s medical bills. The insurance company responded right away, increasing its “final” settlement amount 20 percent. Our client was thrilled with this amount and we accepted the offer on her behalf, allowing this unfortunate pedestrian accident injury case to settle quickly and smoothly.

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Roy Dwywer Answers Your Oregon Personal Injury Claim Questions

Posted on February 27, 2013 by admin

Roy Dwyer, our firm’s senior partner, recently recorded a series of videos answering questions that our clients generally ask about their personal injury claims. In this YouTube video series Roy presents the following information:

  1. What does it take for me to recover an auto accident injury settlement?
  2. Does the type of auto accident injury that I sustain affect my settlement?
  3. Does it matter which doctor treats me in my personal injury claim?
  4. How do my medical bills affect my personal injury settlement?
  5. Does it matter if my car was not seriously damaged in my auto accident?
  6. Does a gap in treatment impact the value of my personal injury case?
  7. Does having a prior auto accident affect my personal injury claim?
  8. Does the extent of my injuries impact the value of my case?
  9. Does being unemployed make a difference in the value of my case?

If you have been injured in an Eugene auto accident or other serious accident and are contemplating hiring an Oregon personal injury lawyer, you might be interested in watching these videos. Call our compassionate and experienced personal injury attorneys for a free consultation and to answer your further questions today at 888-247-9023.

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Sizeable Car Accident Insurance Settlement for Injury Victim

Posted on February 20, 2013 by Rich Potter

Dwyer Williams Potter Personal Injury Attorneys recently negotiated a generous settlement on behalf of an injured client who hired us to represent him in the fall of 2011. Our client was traveling eastward in the left lane of a Roseburg, Oregon, boulevard when another driver pulled out of a parking lot directly into our client’s lane of traffic without checking for any oncoming traffic.  Our client’s car was totaled.  The Roseburg police immediately responded to the scene, where two witnesses confirmed with the investigating officer that the at-fault driver had failed to stop at the stop sign before entering the roadway.  The at-fault driver was then cited for a Failure to Yield When Entering a Roadway.

Following the accident, our client was transported by ambulance to the emergency room at Roseburg’s Mercy Medical Center.  X-rays, CT scans, and the ER physician’s examination revealed fractures to our client’s sternum and left arm.  Our client’s arm injuries required immediate surgery, but he was soon released wearing a well-padded splint and a non-weight bearing arm sling.

Following his discharge, our client continued treatment with his surgeon and primary care provider.  For the first two months, it was difficult for him to move due to pain from his accident-related injuries and he could only sleep in an upright chair.  He was unable to assist with household duties and had to hire friends to clean his home, do laundry, mow lawns, and rake leaves.  This assistance continued for almost one year.  Eventually, when our client began to move around more, he also noticed pain in his lower back with sensations of pins and needles down his right leg.

Due to the seriousness of his injuries, our client’s personal injury protection (PIP) limits of $15,000 were immediately paid to Mercy Medical Center, but his total medical bills exceeded $70,000.  Our client didn’t know who would pay his remaining medical bills so  he hired our team of compassionate, experienced, and professional Oregon auto injury attorneys.  We first explained his PIP benefits to him, which included up to $30 per day in household assistance, then we contacted his insurance provider and all of the involved medical providers so that our client’s outstanding bills could be paid.  We also quickly obtained a prescription for the household assistance that our client was eligible for and he was then able to get reimbursed for most of what he paid to his friends.

In the end, we were able to negotiate a reasonable settlement with the adverse insurance company that pleased our client and settled all of his accident-related expenses.  He was happy to have chosen the experienced auto accident and personal injury attorneys at Dwyer Williams Potter to settle this expensive auto accident injury claim.

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Generous Auto Accident Settlement Offer Despite Extensive Preexisting Injuries

Posted on January 29, 2013 by Rich Potter

Our client was driving his pick-up truck through an intersection in Eugene at 3:30am when another motorist failed to stop at a stop sign and collided with the truck’s passenger side.  Our client sustained injuries to his back and neck as a direct result of the accident and contacted us soon after receiving medical treatment for these injuries.

The issue that our client faced following this accident and for which he needed legal help and representation concerned the nature of his injuries.  Our client had been in another automobile accident approximately one year before this accident and several more in the five years preceding that accident.  All of these accidents resulted in injuries to our client’s lower back, which were exacerbated and worsened in his most recent truck accident.  Further complicating this already messy situation in which causation is difficult to prove for physical ailments, our client has a 20-year long history of back and neck trouble.  For these reasons, our client’s insurance company refused to pay his medical bills and the adverse insurance company didn’t want to offer him a settlement and attributed his injuries to the prior accidents.

Our client was familiar with Dwyer Williams Potter’s reputation as a compassionate and professional automobile accident law firm and soon after he hired us, we successfully convinced the Personal Injury Protection (PIP) carrier to cover all of his medical bills.  Our arguments were based on the language of the PIP statute combined with statements from our client’s treating medical provider which explained that his need for treatment was related to this accident and not to prior incidents or injuries.  Because the PIP carrier ultimately agreed to pay the related medical bills, our client was able to get the treatment he required to recover from his accident-related injuries.

Once our client completed treatment and we obtained all of his medical records, including records dating from before his accident, we were able to show the adverse insurance carrier that our client’s need for treatment was indeed related to the negligence of their insured and not to any prior accidents.  Our client was thrilled when the adverse insurance provider offered him a fair settlement that reimbursed his own insurance company for the medical bills that it had paid and which also generously compensated him for his pain and suffering.  Another satisfied customer for our personal injury law firm!

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Settlement Reached in Car Accident Injury Claim Involving Preexisting Issues

Posted on January 8, 2013 by Rich Potter

A new client of Dwyer Williams Potter LLP was recently in a collision as she drove along Highway 99 in Eugene, Oregon.  As she approached the intersection with Airport Road, she slowed for traffic and emergency vehicles that were present on the scene of another accident.  While decelerating around these emergency vehicles, she was rear-ended by another vehicle that had not slowed down.  This collision totaled our client’s vehicle and left her with severe neck and back injuries.  She was prescribed approximately six months of physical therapy, massage, and chiropractic work to treat her accident-related injuries.

At issue in this case is the fact that our client had a long history of health problems in her neck and back prior to this accident.  She was in a previous automotive accident approximately two years prior to this accident on Highway 99 and was still actively treating those injuries at the time of this collision.  Those preexisting injuries were exacerbated in this accident and, not surprisingly, both of the involved insurance providers attempted to take the position that our client’s accident-related injuries were preexisting.  Both our client’s own insurer and the adverse driver’s insurer initially claimed that no new injuries had occurred in this rear-end collision and that our client’s need for treatment was unrelated to this motor vehicle accident.

Our client selected Dwyer Williams Potter to represent her because she knew that her preexisting injuries would inevitably complicate this matter, which would otherwise have been a fairly straightforward legal settlement.  She needed the aid of experienced local car accident injury attorneys.  After reviewing our client’s medical records, we were able to point out to the medical adjusters that, despite her preexisting conditions, our client’s physicians attributed her need for treatment to this most recent automobile accident.  We were then able to convince her insurance company to pay for her medical bills under the personal injury protection (PIP) portion of her policy.

The negotiation process ultimately took several months because the defendant’s insurance carrier continued to take the position that our client’s treatment was unrelated to this motor vehicle accident.  Determination and patience, supported by the facts in this case, finally turned the tide in favor of our client and we were able to resolve the claim for a fair and reasonable sum that more than compensated our client for the medical costs she had incurred and for her pain and suffering.  Our client was satisfied with the final settlement and with her choice of Dwyer Williams Potter in this car accident injury case complicated by preexisting injuries.

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Multiple-Vehicle Auto Accident Injury Claim Settled

Posted on December 31, 2012 by Rich Potter

A frightening accident occurred on Highway 138W near Eugene in late October of last year.  It had been raining that day and there were puddles of water all over on the roadway.  The driver of a vehicle traveling eastbound on the highway lost control of his car on a curve.  He rolled several times before his car came to rest in the westbound lane, partially blocking traffic in that direction.  A motor home driving in the eastbound lane stopped to ask this driver if he needed assistance at the same time that a female motorist driving her pickup truck westward came around a bend in the road, saw the blocked lanes, and quickly swerved in an attempt to avoid hitting either of these vehicles.

Unfortunately, this woman was unable to avoid a collision.  She struck the side of the motor home and her car came to rest in the westbound lane.  She was sitting in her car, stunned by the accident, when she was rear-ended by a fourth vehicle traveling westbound toward the accident.  During the initial impact with the motor home, this driver’s forehead struck the steering wheel.  The second impact, from the rear-end collision, forced her head backward, smashing out the rear window.  As soon as ambulances were on the scene, she was transported to an emergency room in Roseburg.   During transport, she experienced several short periods of unconsciousness.

This unfortunate driver was diagnosed with chronic post-traumatic headaches, bilateral hand paresthesia, and chronic neck pain.  Initially, all of the insurance companies involved in this multiple-car collision argued about liability and about which impact caused which of her injuries.  The driver’s own car insurance claimed that her carpal tunnel injury could not have been caused by the accidents.  At this point, the driver contacted Dwyer Williams Potter LLP because she knew that she needed the counsel and guidance of an experienced and competent Oregon auto accident injury lawyer.

After reviewing the medical records, paying special attention to our client’s neurological records, we agreed to have our client attend an independent medical examination requested by her own insurance company.  The physician who independently examined her determined that the carpal tunnel syndrome was indeed related to the motor vehicle collisions involved in this multiple-car accident.  This physician recommended that our client have immediate carpal tunnel surgery on one of her wrists but unfortunately, by this time, our client’s medical benefits through her own insurance had been fully paid out.

We successfully negotiated a policy limits settlement with the insurance company that insured the vehicle that rear-ended our client.  At the same time, we were able to convince our client’s insurance company to waive their right to Personal Injury Protection (PIP) reimbursement.  We contacted the surgeon who would perform the carpal tunnel surgery, asking him for an estimate of the total cost of the surgery recommended for our client.  When this estimate was received, we submitted it to the company that insured the driver who lost control of his vehicle and whose vehicle being in the wrong lane of traffic caused the rest of this accident.  After many discussions, we eventually received a settlement offer that would pay for the future surgery and compensate our client for her pain and suffering.  Our client was thrilled with this settlement and with her choice of Dwyer Williams Potter LLP to represent her in this complicated auto accident injury claim.

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