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Is a big scar on my sheen due to car injury considered permanent injury?

Clackamas, OR |

I was injured with neck strain, lacerations, bruised ribs, swollen knee, and I was at no-fault. I recovered after 90 days, but left with a big scar on my leg, the insurance claimed that injuries were soft tissue injuries. Is a 10,000 settlement a just compensation for my pains and sufferings that lasted 90 days?

Attorney Answers 3


  1. Best answer

    Sounds like you have an attorney who made a demand for $10,000.00 under an Oregon statute called 20.080. The maximum you can ask for is $10,000 so that's why you hit that ceiling. (if you don't have an attorney - it may be that the insurance company is anticipating this type of demand to they just offered the maximum that the statute would make them pay to avoid an attorney fee penalty.)

    Sometimes it is better to settle for this amount not because it's the right amount, but because the alternative won't be much more after the dust settles. Let's do the math. If you take $10,000 and pay your attorney 1/3 - you pocket $6,666.00. Now let's say your injury is really worth $20,000.00 and your attorney asks for that. The insurance company knows that they don't have to offer more than $10,000 to avoid the risk of attorney fees so they are not likely to offer anything more if you ask for $20,000. You will have to do a trial. If you win the $20,000.00 you will now owe your attorney more because most attorneys require a higher percentage - like 45% when they try a case. So that would be $9,000.00 to your attorney. But to win at trial you have lots of expenses which come out of your share. The cost of depositions, exhibits, and expert medical witnesses. So if the expenses are $5,000.00 then by the time you pay the higher attorney fee and the extra expenses you only end up with about $6,000 - close to the same amount you would have gotten with the $10,000 offer and not trial expenses.

    This is why you can't just look at the dollar amount of the offer. You have to factor in the additional costs of any alternate strategy. Go and talk to your attorney or if you don't have an attorney, call one and talk to them. You might want to read the article I wrote on what you should and shouldn't do if you have an auto accident. I will past the link below. Good luck.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.


  2. This really depends upon what your medical records say your injuries were and whether any doctor has given an opinion that you might have a need for future treatment. You should consult with an attorney and have them review the medical records, bills and, possibly, also get a further examination by a competent Medical Doctor.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  3. To answer your opening question, I woulldconsider a a scar a permanent injury. How much it is worth is another matter.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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