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Sean P DuBois
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Sean DuBois’s Answers

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  • Slipped on wet floor in fred meyer store. they have accepted liability. they want me to settle for all medical bills

    they have offered me only $2700 in pain and suffering. The accident totally affected hips, back and leg pain from previous herniated discs. I've had pt and steroid injections and still have quite a bit of pain. closed case with dr. as i felt it...

    Sean’s Answer

    You definitely need to consult with a Portland slip and fall lawyer. If you're still in pain, you need to have the time to get treatment while protecting your rights, and a lawyer can help with that. A lawyer will also show the insurance company that you're serious about getting fair compensation.

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  • What's the most I can get out on a settlement for my injury from a car accident?

    I'm in a lot of pain, went throught knee surgery and still on pain and the insurances won't pay my medical bills anymore and they want me to settle for 25k. I feel I deserve more, I have a attorney but I feel he is not doing his job right. Can I s...

    Sean’s Answer

    In Oregon, the minimum requirement for liability insurance is $25K. Which means that really may be all there is, from the adverse insurance company. If you have auto insurance, and your policy is over $25K, you may be able to bring an underinsured motorist (UIM) claim. Or, if the person who caused the accident has personal assets, you could talk to your attorney about pursuing those. But in many cases (unfortunately) the adverse policy limits ($25K is the most common in Oregon) are all the compensation available.

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  • My daughter was attacked by 2 dogs at a children's park while they were off there leash. What are our rights?

    Hi I live in Oregon, there is a law that all dogs are to be on leashes. I took my 7 year old daughter to a children's park not a dog park, As she was walking into the play area two dogs came after her with no leash on. They chased here until she s...

    Sean’s Answer

    Dog bite cases are complicated, so hiring a personal injury attorney may be your best option. Unfortunately, despite the leash law, there are many other factors that will determine the value of the claim: the dogs' breed, the dogs' history (whether there is a history of aggression), the insurance policy of the dog owners, etc. Most Oregon personal injury lawyers offer free consultations, so I would suggest calling one and describing your claim. Please click the link below for more information about Oregon dog bite laws and claims.

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  • Do I really need an attorney

    I was a passenger on husbands motorcycle on hwy 99e in oregon, a van in front of us pulled off the hwy to make a u turn she they stopped sideways in our lane because a semi was coming from the other direction husband had to lay the bike down to av...

    Sean’s Answer

    Because motorcycle insurance requirements are different from car insurance requirements (i.e. the limits are usually lower), you should probably speak to an attorney to make sure that you and your husband have access to the at-fault driver's insurance policy limits to pay for your injuries and medical treatments. Many firms, including ours, do offer free consultations so I recommend speaking to several attorneys about your case before deciding to hire (or not hire) a lawyer.

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  • When and how should I ask for compensation for pain and suffering when you are rear ended in a car accident?

    I was stopped at a red left arrow in a far left designated turn lane when I was suddenly rear ended by someone not paying attention. She said she "forgot there was a light there" and was trying to go through the intersection,. She didn't slow d...

    Sean’s Answer

    In Oregon, every auto insurance policy is required to have at least $15,000 in Personal Injury Protection (PIP) coverage. So your own PIP can pay your medical bills until you settle with the insurance company (which you shouldn't do until you know the extent of your injuries and needed treatments, perhaps months from now). I recommend that you get any medical treatments you need (gaps in treatment hurt your claim), and start calling personal injury law offices in your area. Our office also offers a free book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case, that can help prevent you from making mistakes that could jeopardize your case. You can order it at http://freeoregonaccidentbooks.com/. Good luck.

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  • My disabled son was assaulted on 7/11 property by either an employee of 7/11 or the owner. Can I sue

    My son went to 7/11 and was asked to leave. While he was leaving property the employee/possible owner took off his belt and beat my son with it.

    Sean’s Answer

    Assault cases like this can be complicated. If it took place on 7/11 property, you may be able to hold the store responsible, though this might be hard to prove. It will also be best for the case if there are cameras that show your son really was leaving, and was not threatening the employee/owner in any way (this is not a case deal breaker, but it does improve your chances of winning).

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  • I was passenger in "not fault" car auto accident in Oregon. Want to settle but treatment still ongoing..

    I was passenger in an automobile accident at the other car with the at fault driver. I sustained whiplash and sprained cervical something and I'm still going to chiropractor 3 months later 4 times a both cars were totaled it went to emergency and ...

    Sean’s Answer

    Like the others on this page stated, you should not rush to get a settlement. In Oregon, you have 2 years to file a claim in MOST personal injury cases, though there are exceptions. PIP (personal injury protection) should help pay your bills until you are done treating (or are "medically stable"). If you have questions about PIP, paying your medical bills, or the Oregon car accident process, I recommend our book 7 Common Mistakes That Can Wreck Your Oregon Accident Case, which you can order online for free at freeoregonaccidentbooks.com.

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  • Please explain how if you're in a motor vehicle accident and you get policy limits from the person who hit you that's all?

    Please clarify

    Sean’s Answer

    With a car insurance policy, the "limits" are the most the auto insurance for the at-fault driver ever has to pay for a claim. In some cases, if the injury victim's medical bills and losses are higher than the policy limits, a lawyer can help the injury victim investigate whether the defendant driver has any personal assets or other insurance policies (like an umbrella policy) that could also cover damages. But in many cases, there are no other insurance policies that apply and no personal assets worth pursuing.

    The injury victim can also to attempt pursue compensation through their own uninsured/underinsured (UM/UIM) coverage on their own policy. In other words, there are several options and you should speak to an attorney in your state for help.

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  • How do you prove " soft tissue" injuries and pain?

    I've kept good notes Since the mva a year ago. All my treatments are documented. The other ins co requested my medical records to "review" for a settlement offer. Should I allow that? Getting an attorney soon. I imagine with how bad my pain is ge...

    Sean’s Answer

    I have to agree with the earlier answers. The best way to "prove" your injuries is to hire an attorney who can help you show the insurance company how much this accident has cost your family. A good lawyer will help you explain how the injuries have affected your way of life, etc. It is important to remember, however, that in many cases the amount you can recover has a lot to do with how much insurance the at-fault driver had, not just your injuries.

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  • Are personal injury attorney fees negotiable? How do I know if its a good %?

    I'm getting ready to hire for my mva case

    Sean’s Answer

    In Oregon, most attorneys charge 33% of the settlement for their services. This is the standard for contingency fee agreements, and in return most firms will front all the case costs so that you don't have to pay anything out of pocket. While some lawyers are willing to negotiate their fee, you should be aware that most will not. It is more important to hire an attorney that you trust and that has experience with MVAs than someone with a low contingency fee.

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