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Sean P DuBois
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Sean DuBois’s Answers

39 total

  • Motor vehicle accident has given me severe nerve pain in both arms . They admitted fault and were cited.

    I was coming into an intersection with the green light and as I glanced at my radio a car with teenagers turned in front of me instead of yielding. They admitted fault immediately. There were witnesses. Police came and cited the driver. No injuri...

    Sean’s Answer

    A good personal injury lawyer will help you understand the process, and can even try to make sure your health insurance liens are covered by the settlement. Call a lawyer soon because they will want to start working up the case ASAP - in Oregon, there is a statute of limitations for most personal injury cases of two years.

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  • What if I feel my attorney is not gutsy enough to go for what think I deserve?

    Struck by a semi over a mt pass at 9:30pm when he lost control and hit us in our lane head-on. My car was demolished on all 4 sides, shattering the windows. The semi driver, I thought had pulled over, but when someone stopped to help us, they said...

    Sean’s Answer

    You always have the option of disengaging from your attorney, but in many cases you will want to consult with another attorney in your state first to make sure your expectations are reasonable. Depending on how long until your statute of limitations runs, this serious injury accident definitely sounds like a case that many personal injury attorneys may be interested in representing you for. I would consider taking advantage of the FREE consultations that PI attorneys offer.

    I would also recommend hiring an attorney who has experience with truck accidents, as commercial trucks have different insurance policies (usually with higher policy limits) than regular motor vehicles.

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  • Do I need to get a lawyer after my MVA to handle the pain & suffering. negotiations? It has been 5 months since accident.

    I was in the 4th & last car of an accident. I was on the passenger side in front seat, which got the most damage. I had injuries from the seat belt that were quite painful for the first 2 months. I went to the emergency room and my PCP and orthope...

    Sean’s Answer

    Your symptoms sound similar to a traumatic brain injury - a serious type of injury that makes getting a lawyer very important. Please read more about traumatic brain injury symptoms: http://www.mayoclinic.com/health/traumatic-brain-injury/DS00552/DSECTION=symptoms.

    Do not settle this claim until you've spoken with an attorney who specializes in head injuries - you may be entitled to more than you think. And most Oregon personal injury lawyers do offer free consultations.

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  • I was in a MVA and hit by a drunk driver what happens if his coverage doesn't cover all my medical bills and lawyer fees

    The police report shows he was at fault and if I try to recover any restitution they are requesting I sign away any right to a settlement and I maxed out my PIP and still have issues with torn ligaments in my shoulder and an impingement and have h...

    Sean’s Answer

    Do not sign anything until you have consulted an Oregon personal injury lawyer - you do not want to "sign away your rights" before getting a professional opinion about your case. If you have health insurance, you should use it - health insurance can help pay medical expenses until you reach a settlement with the drunk driver's insurance or your own uninsured motorist (UIM) coverage.

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  • Is $500.00 a fair amount to be offered by GM for airbags not deploying.

    My daughter and I were in an accident. The right front of the vehicle was damaged. The airbags did not deploy. GM just offered $500.00 each for compensation. Is this a fair amount or do I need to hire an attorney?

    Sean’s Answer

    Unfortunately, no ethical attorney can answer a question like this. To answer the question of the value of a case takes months of research, understanding the causes and the effects. Most personal injury attorneys do offer free consultations, however, and may be able to give you a better idea of your options after speaking with you and your daughter personally. You may want to speak with an attorney before signing anything to ensure that your rights are protected.

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  • Am i being represented fairly?

    I was hit by a government worker driving a government vehicle while i was riding my bike almost 3 years ago. i had two years of physical therapy plus a back surgery. My attorney offered to settle for $200,000 and said we would get $150,000. He mad...

    Sean’s Answer

    It can be difficult for another attorney to get up to speed on your case, so talking to your own lawyer is the first step. If you cannot reach a point where trust is re-established, you can definitely hire another lawyer. Keep in mind, though, that your first lawyer will have a lien against your eventual settlement (unless you paid a retainer).

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  • Do I still have a fighting chance?

    I was hit by a semi truck. I was stopped at a red light waiting for it to turn green, and when it did I started to go straight as no one was in the intersection.. I had a lawyer for my case but he just called me to tell me that my insurance compan...

    Sean’s Answer

    I agree with the above answers - you may still have a case. Talking to more Portland injury attorneys could help you get an idea what your options are, and most offer free consultations. If you decide to try and hire another attorney, your new attorney can help you investigate and perhaps talk to other witnesses.

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  • Can I be sued for a hit and run months after my insurance paid for the damadges and then some..?

    I was charged with failure to perform duties of a driver in november. Yesterday I recieved a letter that from my understanding is saying that I am being sued for more money out of a personal injury. My insurance already paid for the damadges to th...

    Sean’s Answer

    It is possible that the injuries to the plaintiff were not fully known at the time of the criminal hearing. So yes, your insurance may have to pay for the personal injury claim. But your insurance company should provide an attorney to handle the case for you, so talk to your insurance.

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  • I was in car accident 12/2013 i want to settle what is case worth? I didn't have insurance.

    Adjustment disorder with mixed anxiety and depressed , c - 5 , c - 6 bulging disc ( m . d ) recommend surgery , I don't want it . sprain right foot Mild edema involving the peristaltic soft tissues foot rd recommend orthopedic shoe come b...

    Sean’s Answer

    Without asking you A LOT more questions, no attorney can really tell you what your case is worth. A good attorney will need to review police reports, medical records, proof of lost income, etc., before making any sort of recommendation.

    In general, all damages are paid by the insurance company for the driver who caused the accident, and these damages include economic damages (medical bills, lost wages, etc.) AND non-economic damages (pain and suffering). In Oregon, however, usually an uninsured driver, even if s/he did not cause the accident, is entitled to economic damages but NOT non-economic damages. This is meant to ensure that people understand that driving without insurance is illegal.

    I would recommend calling a Portland accident lawyer for more specific information. Good luck.

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  • Is it possible to get MVA man that hits 2 pedestrians under a lot of punishment.

    Thank you.

    Sean’s Answer

    Make sure there has been a police report filed. If you were one of the victims, you should receive a copy of this report, and it will tell you if the driver was charged. If he was, you can call the prosecutor's office for the county in which the accident occurred, and find out the status of the case against him. That is for criminal charges, but if someone was injured, it is also possible to "punish" the defendant by bringing a civil case against him, which will make his insurance company pay for any damages.

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