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James P Dwyer

James Dwyer’s Answers

35 total

  • Do i need to retain an attorney

    I bought a car and within two weeks was rear-ended I however had not had a chance to put insurance on my vehical but the other motorist who was at fault and admitted to being at fault does. Does their insurance still have to compensate me and how ...

    James’s Answer

    The general rule in Oregon is if you are injured in a collision and you don't have insurance you are not allowed to be compensated for pain and suffering. You can still make a claim for your property damages, lost wages and medical bills. There are several exceptions this rule that may apply to you which would allow you to make a claim for pain and suffering. It would be best to talk to an attorney is see if the exceptions apply to you.

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  • What should I do? How much of a settlement should I be expecting for pain and suffering?

    I was a passenger in an auto accident. Some guy ran a red light and hit us on the front drivers side. Driver admitted their fault. I have been experiencing backpain, neck pain and shoulder pain. I also fractured a tooth and filling that is not rep...

    James’s Answer

    There are two parts generally to settling a personal injury claim. First are your economic losses - wage loss plus the costs of past and future medical treatment. Second are your non-economic lasses, which means pain and suffering both past and future.

    Based on the information you provided it would be difficult to give a fair settlement range. It sounds like you may unfortunately have permanent injuries that require future medical care.

    I would strong you suggest you talk to a lawyer to get good advice and make sure you receive fair compensation.

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  • My finger broke in my boyfriend's car door. He was no were near the scene when it happened. Will this affect his car insurance?

    I was sitting in the front seat and had my hand in the hinge of the backseat door while it was open. My 10 year old sister slammed the door as she jumped in the backseat without seeing my hand. I had to have surgery which included surgical pins an...

    James’s Answer

    Because your injury had to do with his car, you have a PIP claim. PIP, short for Personal Injury Protection, will pay $15,000 of medical bills and wage loss - if you are taken off work for a minimum of 14 days. If you use all of his PIP, you can make a claim through your own auto insurance.

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  • I have little pernament impairment in my right shoulder and I am back to my regular job how much monies can I expect

    5 to 10 degrees difference between my left & right shoulder my right being worse when I did arbiters exam excepted conditions are right shoulder strain and rotator cuff syndrome

    James’s Answer

    This is a very difficult question to answer. There are a number of factors that are considered in determining a permanent partial disability rating. Has your claim been closed or is this a closing exam done by the insurance company before the Notice of Closure is sent?

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  • I have been in two not at fault accidents in one week how do I file two claims if the damage is in the same area of the vehicle?

    I was rear ended by a woman and her insurance company already has plans to take my vehicle in for repairs to the damage she caused, then yesterday my car was hit while my vehicle was parked outside my house and the damage is to the same part of t...

    James’s Answer

    Were you able to have an estimate done after the first? If not, hopefully the body shop will be able sort it out. More than likely the two insurance will be able to work it out. It should not be a problem as long as both insurance companies inspect the car.

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  • I was recently injured in a vehicular accident and was told that they only have a $15,000 coverage for my injuries.

    I am possibly looking at surgery. All I really want is for my medical bills to be completely covered. I am on Medicare. Where do I go from here? If my bills go over the $15,000, how do I pay them? Please can you help me. I need answers and peace ...

    James’s Answer

    If the defendant's policy is from Oregon, then the minimum policy limits are $25,000. Additionally, you have have an under-insured motorist claim through your own insurance, the car you were in or possibly family members that you live with that have automobile insurance. Under-insured claims can be challenging. It would be in your best interest to talk to an attorney to make sure you are covering all of your options. Additionally, any medical bills paid by Medicare will have to be reimbursed out of the settlement. There are several "hoops" you have to jump through when Medicare is involved.

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  • Workers compensation or wrongful termination?

    After filing a workers comp. claim and seeking medical treatment, my employer mailed me forms I didn't understand. When I asked my employer for clarification, they responded by stating they accepted my verbal resignation effective immediately. Sho...

    James’s Answer

    You should contact a worker compensation attorney and an employment attorney as well. You have two very different claims going on.

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  • Geico has charged IME fees against my PIP. is that legal?

    Related to same claim. Geico billing was way behind. They were telling me to get more PT, but All of a sudden I'm several thousand over my PIP and they're refusing to cover the rest. Is this going to come out of my settlement?

    James’s Answer

    Geico is required by law to pay all of your medical bills within the first year or up to $15,000. You can bring a claim against them and collect attorney fees. Generally money that is paid by PIP does not come out of the policy limits of the defendant. You should talk to an attorney so they can better advise you on a potential claim against Geico.

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  • I have a wc injury trigger thumb I had surgery on my left hand can I recive a settlement

    Before the surgery I was doing 5 months physical therapy an 2 cortisone shots I still have pain, the company insurance dr. Said it was work related

    James’s Answer

    The fact the insurance company says your injury is not related to your work means nothing. What does your doctor say? Without knowing a lot more information, it's impossible to know the settlement value of your claim, or if you should even settle.

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  • I got pernament impairment can't get on ladder due to shoulder injury the impairment has to do with the ladder lost my job

    The workmans comp adjuster says it's different , can u tell me how so an can I still get settlement

    James’s Answer

    It's not always in your best interest to settle. Depending on the extent of your injury and the type of work you do, it can be a bad idea to settle. Whether you ultimately hire an attorney or not, it would be really good to talk with one who can advice you on the pros and cons of settling. No matter how fair the adjuster may seem, their interests are in saving the insurance company money, not making sure you are being treated fairly.

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