Pre-existing Condition? Not So Fast…

Eugene Accident Lawyer Discusses Pre-existing ConditionsOur client was driving in icy conditions. She safely stopped her car at a stop sign and was waiting for her turn to go when other motorist, traveling too fast for the conditions, failed to stop, and rear ended our client’s car. Unfortunately for her, this was the fourth time in the last six year that she had been involved in an automobile accident. None of the accidents were our client’s fault.

In the months prior to her most recent accident, our client had just finished her treatment for a prior automobile accident, and was in good health. She was back to her regular activities and was enjoying life. Because our client had the misfortune of being in so many accidents, she knew right where to go and sought immediate medical attention for her accident related injuries.

Our client had previously hired Dwyer Williams Potter attorney, Arne Cherkoss, to represent her for her other accidents and after seeing her treating physicians, she called Arne to schedule an appointment. At this point, our client was well versed in how insurance companies handled claims. She knew that while they might not dispute liability, they would attack the damage portion of her case, claiming the reason she needed treatment was due to the other accidents, getting older, or anything else they could think of to avoid responsibility.

Arne and our client had a good working relationship and knew what to expect. After she completed her treatment, Arne ordered the accident related medical records and bills. Arne also obtained copies of the prior medical records to prove that prior to the last accident, our client had made a full recovery without any residual symptoms. Arne evaluated her case and met with her to discuss the value of her case and a game plan for moving forward.

A demand package was sent to the adverse carrier. Not surprisingly, the at-fault insurance company wanted to review our client’s prior medical records. Having anticipated this, Arne was able to promptly provide the prior medical records to the adverse insurance company and settlement negotiations began shortly thereafter.

With documented proof of her condition prior to the accident, the adverse insurance company was not able to get much leverage out of her prior injuries. The records clearly indicated that our client had fully recovered prior to the most recent accident.

After several rounds of negotiations, the insurance company finally presented an acceptable settlement offer. The offer included payment of all of our client’s accident related medical expenses and a fair amount to compensate her for her pain and suffering. She was happy with the result and hopes this is the last time she needs to call Dwyer Williams Potter. However, she was happy with our representation and said if she needs a personal injury attorney in the future, she knows who to call.

For more information on pre-existing conditions and insurance companies, watch this video.

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DWP Client Receives Fair Settlement For Injuries and Property Damage

Our client was driving her car when another motorist’s entire wheel came off his truck.  The wheel came into her lane of travel, striking her car, and causing a significant amount of property damage.  Our client suffered injuries as a result of the collision and began treating the day of the accident.

Our client treated for a over a year and then attempted to settle her case by herself.  The adverse insurance company’s claim representative was pushy, rude, and belittling.  Our client did not feel up to the task of negotiating with the claims representative, so she called Dwyer Williams Potter and spoke with attorney, Arne Cherkoss.

Our client decided she needed the help of a seasoned personal injury attorney to deal with the adverse insurance carrier and hired Arne Cherkoss of Dwyer Williams Potter to represent her.  Arne gathered the police report, property damage photos, medical records and bills and began evaluating the case.

After inspecting the photographs from the crash, Arne noticed the wheel studs from the tire at issue were rusted and worn.  It definitely appeared that the adverse driver either knew his wheel was already loose, or in the exercise of reasonable care, should have known the wheel was loose.  Fortunately, this did not become an issue when Arne began dealing with the adverse insurance company, but Arne was ready just in case.

The next issue in the case pertained to our client’s injuries.  She had suffered similar injuries during an on the job accident.  In fact, she was still treating for those injuries just four months prior the automobile accident.  Not surprisingly, the adverse insurance adjuster was quick to point that out.  Being familiar with the logic of insurance companies, Arne was ready for that argument.  Arne pointed out that the prior records indicate that she was well on her way to recovery before the automobile accident and in fact hadn’t treated in four months.  Worst case scenario, this was a case where her prior condition was aggravated by the automobile accident.  Regardless of whether these were new injuries or an aggravation of the prior injuries, the other motorist was still responsible for the damages he caused.

At the conclusion of the case, the adverse insurance company offered to pay the limits of its insured’s policy.  Our client was happy with the settlement.   All of her medical bills were paid, she was compensated for her lost wages, and she received a fair amount to compensate her for her pain and suffering.

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Quick, Fair Settlement for Eugene Car Crash Victim

Our client was traveling north on a main Eugene road when this car crash occurred. As our client began driving into an intersection, another driver surprised our client by driving pulling into traffic without the right of way and accelerating across the road in front of her. Our client tried to stop her forward movement, but it was too late: she collided with the passenger side of the at-fault driver’s speeding vehicle.

Eugene Oregon Car Accident Lawyers | Two Car CrashOur client’s vehicle was totaled in the accident and she experienced immediate back and neck pain. She was discharged from the emergency room after the accident, but she returned the next day because her pain had become so severe. On this second visit, she was diagnosed with a low back sprain with possible torn muscles. She treated her accident-related injury with chiropractic care and massage therapy for the following four months.

Our client called the Eugene office of Dwyer Williams Potter Accident Injury Attorneys because she needed help paying her medical bills. She did not know where to start and wanted expert help proceeding with a claim against the at-fault driver. Our lead Eugene attorney, and partner, Richard Potter took the case.

Richard was able to establish a Personal Injury Protection (“PIP”) claim that paid all of our client’s medical bills. As soon as she had completed treatment for her accident-related injuries, Richard collected her comprehensive medical records and sent a demand package to the adverse insurance company. The response was quick: Richard was able to obtain a fair and reasonable settlement with the at-fault driver’s insurance company that made our client feel physically, emotionally, and monetarily whole again. Our client was happy to have called one of Oregon’s most experienced personal injury law firms, Dwyer Williams Potter LLP.

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Myrtle Creek Pedestrian Recovers After Hit and Run Car Accident

Our client in this Myrtle Creek, Oregon, hit-and-run accident was badly injured when a pickup truck swerved over the fog line and hit him as he was walking along the shoulder of a main road. Our client was hit so hard that witnesses to the accident say he flew through the air before coming to his final position on the other side of the road.

Directly following the accident, our client was transported by ambulance to the local hospital. It was found that he had experienced the following injuries: splenic laceration, right renal injuries, multiple left rib fractures, multiple lumbar transverse process fractures, multiple contusions/abrasions, and a left fibula fracture.

Two months after the accident, our client began experiencing headaches and the pain in his lower back returned. He made several trips to the emergency room after the onset of the headaches, where he was diagnosed with high blood pressure, given a series of renal ultrasounds, and put on medication to be overseen by a cardiologist.

Eugene Oregon Hit and Run Auto Accident LawyersOur client’s medical bills were through the roof. He contacted Dwyer Williams Potter Accident Injury Attorneys because he thought our experienced auto accident lawyers in Eugene would know how to proceed with a claim against the at fault driver. He was understandably very concerned about who would pay his medical bills, since they exceeded $30,000.

Our Eugene team, led by Richard Potter, got all of our client’s medical bills paid via a PIP claim that we filed with the at fault driver’s insurance company. We obtained all of our client’s medical records and bills and sent a demand package to the adverse insurance company. In the end, our client was fairly compensated for the pain and suffering that he had experienced in this hit and run accident. He was thrilled with his decision to hire Dwyer Williams Potter to represent him.


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Settlement for Severely Injury Auto Accident Victim

This auto accident occurred two winters ago. Our client was the passenger in an SUV traveling south near Lowell, Oregon.  The vehicle our client was riding in entered an intersection directly in front of an oncoming vehicle, causing that vehicle to T-bone with it. Our client was knocked unconscious and had to be extracted from the vehicle with hydraulics in order to be transported to the local emergency room.

Eugene Oregon Auto Accident Injury lawyersShe suffered headaches with a severe gash on the top of her head, neck pain that radiated into both shoulders, back pain, and knee pain.  Due to her head trauma and the fact that she had passed out while in the emergency room, she was admitted to the hospital for further care and pain control. In the hospital, she underwent X-rays of her chest, pelvis, and right knee, as well as several CT scans. Upon being released from the hospital following a four day stay, our client required assistance from occupational therapy with physical therapy through home health.  Additionally, she was required to wear a neoprene compressive sleeves for her leg injuries.

When all was said and done, our client’s medical bills exceeded $30,000. Because she and her family were unsure how to pay her medical bills and how to proceed with a claim against the at fault driver, they contacted and retained Dwyer Williams Potter to represent her. They knew our Eugene auto accident law firm‘s reputation for dedicated representation of accident victims in Eugene and throughout Oregon.

We were able to establish a PIP claim with the at fault driver’s insurance company and get all of our client’s medical bills paid right away.  Once she had completed treatment for her injuries, we obtained all of her medical records and sent a demand package to the adverse insurance company. We were able to obtain a fair and reasonable settlement with the at fault driver’s insurance company that fairly compensated her for the pain, suffering and disruption to her life caused by their irresponsible driver.

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Uninsured Semi Truck Accident Victim Makes Full Recovery

Our client in this accident was an unrestrained passenger in a semi-truck that was towing a trailer. The defendant was driving a passenger vehicle that crossed the center-line and collided almost head-on with our client’s semi. The force of the collision flung our client into the dashboard, causing her to sustain serious injuries. Directly following the crash, our client was transported by air ambulance to a local emergency room, where she was examined and tested prior to being released.

Oregon Semi-Truck Accident AttorneysOur client sustained injuries to her neck and back in the accident, in addition to breaking several fingers and experiencing a seizure after the accident, which she had a history of experiencing. Several months went by before our client obtained additional treatment from several clinics in Idaho for approximately two months. After a gap of approximately seven months, she returned to Oregon and was seen at several clinics. Although our client did not experience and wage loss because of this accident, her medical bills were through the roof.

Our client had hired an Idaho personal injury attorney to represent her, but she called the experienced Oregon semi-truck accident injury attorneys at Dwyer Williams Potter when her case remained at a stand-still months after she had retained her first lawyer.  We took her case immediately.

Because she was a passenger in the semi at the time of her accident, there was no personal injury protection benefits available to pay our client’s medical bills. PIP only protects semi-truck drivers, not other passengers in the vehicles. Our lead attorney in Eugene, Mr. Richard Potter, immediately went to work getting our client on the Oregon Health Plan. OHP eventually paid the majority of her Oregon medical bills. Rich was also able to get Idaho Medicaid to pay the majority of the bills she incurred there.

Because no action had previously been taken on her claim, our Oregon semi-truck accident lawyers were able to quickly establish a claim with the adverse insurance carrier and to establish an underinsured claim with the semi’s insurance carrier. Our team was able to obtain a policy limit settlement from the at-fault driver’s insurance as well as an underinsured settlement through the semi’s insurance company. Our client was thrilled to have landed in the capable hands of Richard Potter at Dwyer Williams Potter Accident Injury Attorneys.

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Motorcyclist Injured in Eugene Auto Accident Gets 6 Figure Settlement

Our client in this Eugene Oregon motorcycle-auto accident was hit while riding his motorcycle through an intersection. A pickup truck turned in front of our client, causing our client to collide with the passenger side of the truck and knocking him to the ground. Our client was transported by ambulance to a local emergency room and the truck driver was immediately cited for his traffic offenses.

Eugene Oregon Motorcycle Accident Injury AttorneysDue to his accident-related injuries, our client required hospitalization for seven days following the accident. While admitted in the hospital he underwent numerous X-Rays and CT scans to his pelvis, right knee, abdomen, left elbow, and cervical spine. His most serious injuries included a fractured left elbow and a fractured pelvis that required surgery, and a decompressed bladder that required urological consultation and the insertion of a catheter.

Immediately after being released from the hospital, our client required home health assistance for daily necessities and to provide medical supplies and equipment. He had numerous mandatory follow-up doctor visits, including monitoring his bladder injury to prevent infection and bacteria growth, as well as physical therapy. In the end, our client suffered extreme wage loss and his medical bills totaled just shy of a six-figure dollar amount.

The main problem facing our client in this Eugene Oregon motorcycle accident case was that he needed help proceeding with his claim due to the severity of his injuries and subsequent wage loss. Because this was a motorcycle accident, there were no personal injury protection benefits available to pay his medical bills or wage loss. His health insurance company initially denied his medical bills because the accident was the fault of a third party. Additionally, he was unable to get the adverse insurance carrier to compensate him for his motorcycle that was totaled.

Within a few weeks the experienced and caring Eugene motorcycle accident injury attorneys at Dwyer Williams Potter LLP were able to get this client compensation for his totaled motorcycle (property loss). We were also able to get his health insurance to pay all his medical bills less his co-pays. We guided our client through his treatment, assisted him in getting back to work, and eliminated any concern he may have had concerning his claim and compensation.

Our compassionate and caring motorcycle and auto accident injury attorneys obtained a policy limit settlement with the at-fault driver’s insurance company and also obtained an under-insured policy limit settlement through our client’s insurance company that collectively totaled more than six figures.  Our client was happy with the result, and so were we.

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Insurance Company Triples Settlement Offer Once DWP Files Lawsuit

Our client in this Eugene auto accident was leaving the hospital after an appointment with her doctor. She pulled up to a stop sign but was unable to see clearly due to the bush obstructing her view.  She inched forward to make sure that the roadway was clear.  As she pulled forward, a motorist behind her assumed that she was accelerating in order to drive again and drove his car into the back of our client’s car.  Our client was injured and sought immediate medical treatment for her injuries.

Oregon Auto Accident Injury Lawyers Hospital parking Lot CollisionAfter our client completed treatment, she attempted to resolve the case on her own with the at-fault driver’s insurance company.  The insurance company made low ball offers and refused to negotiate with her in good faith.  At this point, she called Dwyer Williams Potter to get the help of experienced and tough Eugene Oregon auto accident injury attorneys.

We immediately sent out a demand to the insurance company, but were unable to get the insurance company to increase its initial offer by any significant amount.  Our client agreed that we should file a lawsuit at this juncture.  After depositions, the insurance company approached us and offered to settle for three times the amount that it offered our client before she had legal counsel.

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Settlement for Eugene Couple Injured in Out-of-State Accident

Our client in this auto accident injury case was injured while visiting the East Coast.  She was riding as the passenger in a rental car being driven by her husband when the accident occurred.  As they were driving on the interstate, another motorist who was exceeding the speed limit entered the fast lane then quickly tried to change back into the lane occupied by our client’s rental car.  Unfortunately, there was not enough room and the other motorist struck our client’s car, injuring both her and her husband.

Eugene Oregon Auto Accident Injury AttorneysBeing outside of their home state, our client and her husband were unsure how to proceed.  After an initial emergency room visit, they waited until they were home three months later  to follow up with their primary care physician.  Once they had completed their treatment, they hired our experienced and caring Eugene auto accident lawyers to represent them in this out-of-state accident.

We contacted the at-fault driver’s insurance company and began negotiations right away.  Even though the accident occurred outside of Oregon, we were able to treat it similarly to an Oregon case.  Each state’s auto accident laws are unique, but the issues of fault and insurance coverage were clear in this case so we were quickly able to resolve the matter and to obtain a fair settlement for our client.  Both she and her husband were happy with the results.

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Auto Accident Victim Recovers Despite Inconclusive Medical Records

Our client was lawfully driving her vehicle when another motorist ran a red light and T-boned with our client’s car.  The accident caused a substantial amount of property damage and our client was seriously injured as a result of the wreck.

Oregon Auto Accident Injury Attorneys Side Impact

Although our client’s pain complaints were consistent from the day of the accident onward, her treating physicians had trouble finding the exact cause of some of her symptoms.  She contacted the caring and compassionate Eugene auto accident injury attorneys at Dwyer Williams Potter LLP to help her negotiate with her insurer given the difficulties she faced proving that the accident had caused her injuries rather than any other cause.

Once we were retained as her lawyers, we used our client’s accident related medical records in conjunction with her pre-accident medical records to convince the insurance company that there was a causal relationship between the accident and our client’s injuries.  In a nutshell, our argument was that our client didn’t experience any of her pain symptoms before this motor vehicle accident.

After several rounds of negotiation, we were able to get the insurance company to make a policy limits offer, which was the largest it could make.  Our client was happy to be able to move on with her life and to have been made whole financially thanks to the help of Dwyer Williams Potter LLP’s dedicated auto accident injury lawyers.

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