What to Do When You Are Getting Sued for a Car Accident in Oregon?

As they can be anywhere, Oregon car accidents are traumatic. The aftereffects can linger, impacting your mental, emotional, and physical health. During this difficult time, nothing may seem worse than receiving news that someone is suing you. 

Defendants often realize that facing a personal injury lawsuit alone only worsens a bad situation. At Johnston Law Firm, our motor vehicle accident attorneys aggressively defend the interests of our clients while treating them like family. We are here to support your legal needs, too. 

Our phone and chat lines are always open. Call the number on your screen or message us to schedule your free consultation. Securing our law firm as an ally can be a powerful step toward alleviating your stress and focusing on solving the problem of a car accident lawsuit. 

Steps to Take Immediately After Being Notified 

You likely received a copy of a complaint by mail or hand delivery. Do not ignore this document.

A lack of response or missed appointment could prompt the judge to award the plaintiff full compensation. In most cases, you would also have to pay court fees despite not appearing. Instead, take wise steps to deal with the situation. 

Avoid panic 

Many lawsuits are frivolous. In other words, the person suing you might not have a valid case. 

Oregon lawsuits must meet these criteria:

• Someone neglected a duty or broke a law
• This neglect or law-breaking behavior caused personal injury (such as bodily harm), property damage, or other losses
• The plaintiff is suing you in the correct federal district
• Your job does not entitle you to partial or complete immunity
• The damages meet the minimum required dollar amount

In addition, Oregon has a strict deadline for filing personal injury lawsuits, which is called the statute of limitations. Once it has run out, the court will likely dismiss the case, if not already resolved, and you will not have to pay any damages. 

Review all documentation with your lawyer 

You can read the summons, but there might be terms you don’t understand. 

Your car accident attorney can explain what the documents you get from the court and plaintiff mean, such as:

• The reason you are being sued
• The amount the plaintiff is seeking
• Deadlines you are expected to keep
• Where to file an appearance (i.e., an acknowledgment of participation)

You should show all documentation to your lawyer and keep paper or electronic copies for yourself in a file. You should also keep track of your medical records and insurance paperwork. Once you have experienced car accident lawyers like us working for you, the legal team can guide you through the rest of the legal process to defend your case.

Update your contact information whenever necessary

Ensure the Oregon court and lawyer handling your case always have your correct address and phone number. Contact your lawyer immediately if you are moving or getting a new phone number. He or she can ensure the court is informed or tell you how to update your information. 

Avoid admitting fault 

Law enforcement officers, the person suing you, and insurance adjusters may be interested in hearing your version of the story. However, it is best to avoid volunteering details about the crash.

Though you might think your insurance company will work in your best interests, many profit-hungry organizations look for ways to avoid paying their clients’ insurance claims. Your lawyer can provide any necessary information to the insurance company on your behalf.

One reason is that you might be wrong. Determining who is at fault is a complex task. Stress, shock, and survivor guilt could blur your judgment and skew your memory of the incident.

Secondly, Oregon is an at-fault state. The person who caused the car accident is responsible for the damages. Yet, why should you pay for anything that wasn’t your fault? 

Taking the blame could let your insurance company off the hook for paying personal injury damages, especially if you are accused of extreme negligence or reckless driving. You could lose the opportunity to receive compensation for your injuries and accident losses. You might even face criminal charges. 

The best course of action is to allow your lawyers to investigate the crash objectively. Their knowledge and resources can bring clarity you cannot achieve on your own as a crash victim. 

Weigh Your Legal Options 

Once you understand the car accident claim, your lawyer can present some options for proceeding. Each case is different, so you will need to speak with your legal counsel to discuss the particulars of your claim. The following section lists some of the possibilities you might consider together. 

Settling out of court

Your lawyer might advise you that it is best to reach an agreement with the plaintiff. He or she could settle the amount of money you owe or convince the person suing to drop the case. If you settle, you can avoid a trial or end an ongoing court case.

Negotiating an agreement in mediation

If the plaintiff agrees, your lawyer can present your case before a mediator instead of a judge in court. Mediators are trained, impartial conflict-resolution professionals. Their job is to listen to both parties and help them to reach a solution. If no solution seems possible through mediation, you can still take your case to court later in most cases.

Contesting the claim

What if evidence points to your innocence? Your lawyer can prepare a defense for you in court. He or she can also file a counterclaim for the bodily injury, wage loss, and other damages you suffered due to the motor vehicle accident. 

Reap Full Benefits Offered by Your Insurance Company

Most car accident claims are not paid out of pocket. Your car accident coverage should pay for qualifying personal injury damages.

Each insurance company and policy has different features and processes for filing claims. Your lawyer can help ensure you meet deadlines and fill out paperwork accurately. He or she can also negotiate with your insurance company to maximize your benefits.

If you bought the minimum coverage required in Oregon, your liability policy limits should cover you for:

• $25,000 per person and $50,000 per crash for bodily injury to others
• $20,000 per crash for damage to other people’s property
• $15,000 per person for personal injury protection (i.e., reimbursement of medical costs resulting to you or your passengers) 
• $25,000 per person and $50,000 per crash for physical injuries in crashes with an uninsured vehicle

If you bought a comprehensive plan or paid for add-ons like rental reimbursement or guaranteed asset protection, you could be eligible for a payout to cover the repair or replacement of your car and the rest of the money you need to pay off your car’s loan or lease value. 

Learn What Johnston Law Firm Can Do for You

In the legal world, you need to move fast. Missed deadlines, unwittingly broken court rules, and failure to present evidence convincingly are common reasons why people lose cases they could have won.

At Johnston Law Firm, our lawyers know how to put the law to work for your case. Our friendly legal team can help you weigh the pros and cons of your legal decisions to ensure you make sound decisions. Whether your case is best settled out of court or presented before a judge, our experienced lawyers can fight hard to protect and defend your legal rights.

Let’s pursue the best outcome together. Call or fill out our brief contact form to contact our award-winning personal injury law firm today.