Joshua Shulman's Answers

Made a settlement demand; received an offer....now what?

It's hard to figure out the value of a case without actually reading the medical records. But if your car rolled and landed upside-down, and if your medical records look the way I think they'll look based on your description, I'd say policy limits is a reasonable demand, and $15,000 is pretty low. If you decide to talk with a lawyer, be careful about the fee agreement. Here's what I mean. They typical fee agreement is, "you don't pay us anything unless we get you a settlement, in which...

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I was in a hit and run whats a reasonable settlement ?

Please make sure your lawyer has handled Traumatic Brain Injury (TBI) cases before, or is parteneing up with a lawyer who has. A brain injury case is very different from a regular personal injury case. It requires special expertise and expert testimony, as well as specialized medical care. Beyond that, I would say that you have to have a relationship of complete trust with your lawyer. If you want a second opinion about the value of your case from a second attorney, there's nothing wrong...

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What do I have to provide to the Insurance Company on a Personal Injury Claim? (Continued)

No. You are not "required" to sign an unlimited release. In fact, you are not "required" to sign any release. You will be required to give them relevant medical records, which generally means records for the same body parts you are claiming were injured, for 5 years before the accident. But there can be arguments over exactly what is relevant. It would never be "everything," though. And, by the way, let me also just say that you'd be in very good hands with the other two lawyers...

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Greetings, Is it ever legal for one citizen to knowingly cause another physical pain without their permission? Thank you.

I'm tempted to say "no, it is never legal for one citizen to knowingly cause another physical pain without their permission." But I'm sorry to have to say, the law is never that simple. As we say, the law is detail-oriented. For example, it is definitely legal for a police officer to use pain as a way to compel compliance with her orders. It's even called a "pain hold," and it's explicitly taught in the police academies. It's also legal to defend yourself from attack, even if it causes...

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How can I get more out of a Bodily Injury clam?

I wish there were an easy answer to this question. Normally, I wouldn't put a value on a case until I heard all the facts. But I'm going to go out on a limb on this one and say that $5,000 is an absurdly low offer, based on what you've described. Insurance companies typically have two different sets of adjusters. One set settles claims with people who don't have lawyers, and then a whole different set settles claims with people who do have lawyers. It sounds to me like you're working...

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Uninsured driver in accident with my insured car

Can you sue him for them dropping you? Sure you can. You would have to go ahead and get insurance with a different company. You could then try to sue him for the extra amount you would have to pay, assuming the new insurance is more expensive than the old insurance. Whether you would win that suit is a different question. Since you gave him permission to drive your car, you might have trouble winning. It's not a case I would take, and you'd probably have difficulty finding a lawyer to take...

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My ten yr. old son accidently crashed his bike into someones car and left two scatches. Am I legally liable to fix the damage?

I am an Oregon attorney, and have several answers for you. 1 - Your homeowner's insurance almost certainly (I write "almost" because you'd have to read the policy to be sure, but every policy I've read is like this) covers your family members who live with you. 2 - Your son is liable and, like I wrote above, your homeowner's policy should cover this. 3 - If your homeowner's policy should indeed cover this, but they refuse to cover it, you can sue your own insurance company (or...

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If i max out my PIP can i still get pain and suffering compensation

First of all, please ignore all of the answers from lawyers who are not licensed in Oregon. I'm not sure why they're trying to answer your question. PIP is different in every state. 1 - you can sue PIP for refusing to pay your bills. If you win, then PIP will have to pay your attorney fees, so it is usually not too difficult to find a lawyer to take your PIP case. However, you will have to be able to prove that your injuries were caused by the car crash, and that you continue to need...

Can anyone give me an estimate on a settlement for a auto accident.

There is no formula. However, the concept of "policy limits" may be important in your case. If the driver who hit you has Oregon insurance, then there must be at least $25,000 worth of insurance to pay your claim. They may have more than this amount. But if they only have $25,000 worth of insurance, and if the insurance company is willing to give you all of it, then you may save money by not hiring a lawyer. It depends, though, on whether you'd want to try to get more than the policy limit...

Lawyer resigned. Head injury case from car accident, other party at fault. Must settle in 3 mos. What to do?

It is common for lawyers dealing with brain injury victims to think that the person is just a flake, when in fact it is the brain injury causing the problems. Here's my opinion: it's not right to fire a brain injured client for missing an appointment. You should get another lawyer immediately. There are lawyers who specialize in TBI (traumatic brain injury) cases, and you should make sure you get one of those, or at least someone who knows enough to associate with a specialist. Beware...