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Sean P DuBois
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Sean DuBois’s Answers

39 total

  • If i am a pedestrian who got hit by an immigrant and has no insurance who pays my settlement the state? or how does this process

    my name is teairra benjamin

    Sean’s Answer

    Teairra,
    My partner wrote about your accident on our blog, and that might help give you some answers to questions about hit and runs: http://portlandattorney.wordpress.com/2012/09/20/st-johns-hit-and-run-victim-suffers-traumatic-head-injuries/

    And yes, you can get help. Try http://www.doj.state.or.us/victims/pages/compensation.aspx as hit and run is a crime, and you may be eligible for compensation.

    If you have any other questions, you can call my office at 503-222-4411. Your question doesn't give enough info. for me to say more here.

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  • I rear ended someone because they stopped short to avoid a groundhog. Who is at fault for this accident?

    No police report was filed and I have not contacted my insurance company yet. If I am NOT found to be at fault, can I still file a report with police and claim to insurance after the fact?

    Sean’s Answer

    Under most circumstances, the driver who rear-ends another car will be found at fault. Most people assume that if you left enough following distance between your car and the car in front, and you were paying sufficient attention, the accident could have been avoided.

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  • Can I get my medical bills paid for if I was injured in an accident but I do not have insurance?

    I was rear-ended by another driver. Unfortunatley, I did not have insurance at the time. The other drivers insurance company has already offered me an amount to pay for the damage to my vehicle. However, I was injured in the accident and I cann...

    Sean’s Answer

    I'm copy/pasting this from another question I answered (http://www.avvo.com/legal-answers/car-accident-with-no-liability-insurance---but-i-m-918869.html):

    In Oregon, the law says that if you are injured in a car accident, but don't have insurance, you can recover economic damages (like medical costs and lost wages) but you are not eligible to receive non-economic damages (like pain and suffering). If you were injured, consider contacting an Oregon personal injury attorney, but be aware that since you were breaking the law (insurance is required) you may have a harder time finding an attorney unless your injuries are serious. o

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  • Car Accident With No Liability Insurance: "But I'm Not At Fault" im new to Oregon.

    was rear ended.

    Sean’s Answer

    In Oregon, the law says that if you are injured in a car accident, but don't have insurance, you can recover economic damages (like medical costs and lost wages) but you are not eligible to receive non-economic damages (like pain and suffering). I'm not clear on whether you don't have any auto insurance or just don't have liability, but if you were injured, consider contacting an Oregon personal injury attorney.

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  • What are my options for a injury sustained on someone else's property?

    I was at a wedding reception at a bed and breakfast. It was around 9 p.m. and getting very dark. I was walking to my room on what I thought was a pathway and walked right into a circle of rocks that surrounded a tree. This resulted in a severe lac...

    Sean’s Answer

    If you were injured on the property due to the owner's negligence (not turning on the lights in a hazardous area), you may be able to get compensation for your medical bills, lost wages, etc., through the property's insurance policy. You should call an attorney licensed in the state where the injury occurred to learn more about your options, but an experienced injury attorney can also help make sure you are receiving the correct treatment so that any permanent damage to your leg is taken into account during settlement negotiations.

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  • Could I file it for blackmail/extortion charge if the person use a corpse as tool to extort money and property from us?

    If a person holds the corpse of your close relative legally and asking astronomical amount of money and renounce a property, while allusively implies that he can move or cremate it or move the body out of the grave and relocated in a secrete pla...

    Sean’s Answer

    Blackmail is a criminal activity - and therefore you should notify the police. While you may be able to file a civil suit later for emotional damages (in truly egregious cases, like funeral home abuse), this is hard to prove.

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  • We are facing forclosure because I lost my job after auto accident. We have other debit as well. What is the best option for us?

    My income was our primary source for managing our debt. Now, its gone and I don't know if or when I will be able to return to work. I have another pending surgery and recovery period ahead of me. We have managed to pay some of our debt with my spo...

    Sean’s Answer

    Well, you should consult a bankruptcy attorney for your options, and if the auto accident was not your fault you might also consider hiring an Oregon personal injury lawyer to help you reach a settlement that could assist you in paying your bills.

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  • I was assaulted on Safeway property by an employee. I am settling out of court. What is a safe number to begin negotiations?

    I was pushed backward over a concrete island at a Safeway fuel station by an off duty employee who was still in uniform. This act was caught on surveillance camera and witnessed by my spouse and other patrons. Safeway is asking for a dollar amount...

    Sean’s Answer

    There are so many factors that go into determining the worth of a case like this, that you may be better off hiring an attorney - especially if you plan to seek punitive damages against Safeway for the behavior of their employee.

    I know working with an attorney may be an unwanted annoyance, but you don't want to jeopardize your case or your family's financial award by not understanding the legal system, Oregon case history, or Oregon law.

    But if you insist on negotiating your own claim, here's some helpful info: http://www.portlandpersonalinjuryaccidentlawyer.com/blog/oregon-laws/negotiate-personal-injury-claim/

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  • How long does it take for ah car crash settlement to settle

    my mother and i was in a car crash which totaled the car in sept.7 2010 a year has pasted already

    Sean’s Answer

    Each state has different laws regarding how long you have to file a personal injury claim. If your mother has already found an attorney and is seeking medical treatment, your attorney will have a better answer about how long your case will take to settle.

    I've linked a video where my partner discusses how long a settlement can take in Oregon, where we practice, but again every state is different.

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  • Looking for personal injury attorney in Portland OR. I need a lawyer who can handle my case and fight for my rights. Pls help

    I was in car accident 1 and half year ago, not my fault. It was uninsured vehicle fault. I got injured. Still not fully recover and looking forward for surgery. My doctor told me its possible related to car accident. Tried to settle my case for "p...

    Sean’s Answer

    To help determine whether you need an Oregon or a Washington attorney, you would need to know where the defendant (the person who hit you) lives. If they are a Washington resident, you will need a Washington attorney. If they are an Oregon resident, you might be able to hire a Portland attorney.

    Just type "personal injury attorney" in Portland, OR.

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