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Frequently Asked Questions
Personal Injury Questions
General Divorce Questions
Divorce and Kids
PERSONAL INJURY: What should I do when
I'm in a car crash?
The first thing to think about is your health and safety, as
well as the health and safety of your passengers. Call 911 or
have a witness call 911 if you think someone might have been
injured.
Don't get out of your car immediately unless there is a danger
of fire or explosion. Sit for a minute and take some deep
breaths. Compose yourself. If you are safely able to get out,
then do so, realizing that you will need to be alert and share
information with the other people. Be prepared to ask questions
of the other driver such as name, address, phone number,
driver's license number, insurance company, owner of the car and
license plate number. You will need this to make your report to
the Department of Motor Vehicles (DMV).
PERSONAL INJURY: I've been hit!
- Remain at the scene.
- Exchange information with the other driver if you are able.
- It's OK to express emotion, but try not to lose your cool.
- Avoid saying such things as "I know it's my fault" and "I'm
not hurt.”
- Listen very carefully to what the other driver says and
write down statements that help establish responsibility for the
accident.
- Get witness names, addresses, and phone numbers. If
possible, get their driver's license number as it is much easier
to find someone later than using a social security number.
PERSONAL INJURY: Record the details!
If it is a major accident, do not move the cars - wait for the
police. If you can, take pictures of the accident scene. It is
always a good idea to keep a disposable camera in your glove
box.
Take a look at both cars and note their positions relative to
the road. Sketch a quick diagram. Take notice of where the cars
are placed relative to the lanes of traffic, the center lane,
intersection, stop signs and traffic signals. Make a note about
the weather, too - was it clear and sunny? Foggy? Rainy? Is
there any debris on the road? Are there any skid marks? If so,
step them out and record the distances.
PLEASE - write it all down. With every passing day, you will
remember less and less. And always write it down assuming that
the other party could read it at any time.
File an accident report with the DMV within the required time,
usually 72 hours. If you have been hospitalized, someone else
can file it for you until you are capable of filing your own
version.
PERSONAL INJURY: I think I'm hurt, but
it isn't really all that bad; just a few aches and pains in my
neck, back and hips. What do I do?
Get medical treatment from your own doctor as soon as possible.
Your health is your first concern. Consult your doctor because
some soft tissue injuries may not show for several days, or even
weeks. Don't be put off by someone saying, "Oh, it's only a
whiplash or minor strain." Get professional evaluation and
treatment. Remember that the typical ER doctor, after making
sure you have no broken bones, will send you home and tell you
to ice the area and take Advil. They generally only look for
major injuries like broken bones, severe bleeding, concussion
and hidden internal bleeding injuries. Once those possibilities
are eliminated, you are no longer an "emergency," which is why
you need to see your own primary care doctor.
Your doctor will check you for mild or severe injuries and
aches and pains. Sometimes it is hard to know the extent of your
injuries because adrenaline can block pain. While soft tissue
injuries usually show up within 24-48 hours, it can take up to
two weeks or more for symptoms and pain to appear. Soft tissue
injuries are real. They need appropriate treatment and
assessment. Seeing your local doctor establishes a trail of
reasonable treatment, and that is important in case your
injuries require more treatment and cause you pain and suffering
in the future.
Make sure that you get the treatment you need, and always
follow your doctor's advice.
PERSONAL INJURY: Can I see a
chiropractor?
Yes you can, but remember, in all injury cases, especially
those settled without trial, there is a priority of acceptable
medical professionals. We generally recommend that injured
parties seek the treatment of a medical doctor (MD) or Doctor of
Osteopathic Medicine (DO). Although many Chiropractors (DC) give
great relief to their patients and understand whiplash better
then MD's, adjusters discount their treatment. We like to see MD
or DO treatment in conjunction with a chiropractor or even
better, with a referral from a MD or DO. The main secondary
level of treatment is now a referral to physical therapy by your
doctor (MD, DO or DC).
Adjusters and defense lawyers (paid by the insurance companies)
will try to discredit alternative medical treatments such as
massage therapy, holistic medicine, homeopathy and acupuncture.
Our first priority, however, is to get you well, so if these
treatments work for you, then pursue them.
PERSONAL INJURY: Why don't I just settle
with my insurance company?
Insurance adjusters are trained to get people to accept too
small of a payment, too soon. Don't trust them. I have seen so
many cases where injured people, still hurting and in treatment,
have signed a settlement with their insurance company only to
find out they will need surgery and they cannot get out of their
settlement.
PERSONAL INJURY: When do I need a
lawyer?
From the beginning. Gathering information and preserving
evidence is crucial. We know what to do and how to do it. We
know the questions to ask and the answers to seek. Insurance
companies do not always need to know that you have hired an
attorney, until the time is right. We can help you get the
settlement that you deserve.
PERSONAL INJURY: Who pays for my medical
bills and my pain and suffering?
There are four potential sources to cover costs for you and
your passengers:
- Your own auto insurance. In Oregon, the PIP (Personal Injury
Protection) statutes and your insurance policy provide that your
own insurance must pay for reasonable medical treatment, up to
$10,000 worth during the first year only, and up to $1,200/month
in lost wages. These amounts may vary depending on your own
policy, but these amounts are the basic PIP minimums. You are
not restricted on the medical provider you choose. You are not
restricted to your normal health insurance provider.
To claim through PIP, you must submit a PIP application
through your auto insurance company and you must co-operate with
the insurance company. They may ask you to sign a release of
medical information, and they may ask you to submit to an
independent medical examination.
- Your medical insurance through work. This is a good option
if you do not have auto insurance, and your health insurer will
try to recover your costs from the at fault driver through your
settlement or trial. You need to cooperate with your insurance
company.
- Your own pocket. The least desirable option.
- Responsible party pays (the other driver's insurance
company). The responsible party is under no obligation to pay
your expenses unless they agree to it or are forced through the
courts. Most companies will not agree to pay anything until the
case is settled or the jury has returned a verdict. This is also
not a good option - do not count on this kind of payment. The
one exception to this is when a pedestrian is hit. An injured
pedestrian is covered by the insurance policy of the responsible
driver under the terms of the PIP statute (Oregon).
PERSONAL INJURY: I want a million dollars - can you help
me?
Sure, but if you can walk into my office, then your case is
unlikely to be awarded $1M. Believe me, if we can, we'll try.
The better approach is for us to assess the value of your claim.
We do this by our experience, legal data and assessment tools
available to us. It is better to negotiate realistically than to
aim for "pie in the sky."
PERSONAL INJURY: What happens when the
other driver is not insured?
As many as one third of all drivers on the road are not
insured. To protect yourself and your passengers from an
uninsured driver, you can buy uninsured and underinsured
coverage. The amount of coverage is up to you when you buy your
policy. You can always up the limits later, but it will not
apply to an accident that occurs before you increase the
coverage. This coverage is usually called uninsured/underinsured
motorist coverage and you pay for it each time you send your
premium to the insurance company. Your insurance agent can help
you here. Your insurance company, on an uninsured motorist
claim, must pay you for your pain and suffering, future medical
costs, lost wages, and impaired earnings if they apply to you.
If you are making this type of claim, you will be treated as a
"claimant." To the insurance company that is the definition of a
person making a claim against them. Even though this type of
claim is being made to your own insurance company, you will
probably be made to feel like you are asking for too much money.
Please remember, in this type of claim, your own insurance
company will attempt to settle your claim as low as possible. It
is in their best financial interest to pay you as little as they
can. You need an attorney more now than ever before, you just
don't realize it. Many of my clients have consulted me as a
result of rude and degrading treatment by their own insurance
companies in uninsured and underinsured claims.
PERSONAL INJURY: How does the attorney
get paid?
We only get a percentage of all that we recover for you. This
percentage varies from 33% to 50%, depending on whether the case
is resolved before trial, by trial, or upon appeal. Handling
personal injury claims can involve significant costs for medical
records, expert witness reports and fees, depositions, filing
fees, and other costs. These costs can range from as little as
$100 to several thousand dollars. Generally, these costs are
taken out of the settlement or award after being advanced by my
office. Ultimately the client is responsible for these costs if
for some very unlikely reason there was no settlement or an
adverse verdict.
GENERAL DIVORCE: How do we split our
personal property?
There are many parts to most divorce settlements, and personal
property division is just one element. The easiest (and by far
the cheapest) way is to hire an appraiser who can value the
property of each person. With an appraisal of values a division
of property is far easier. Neither party feels that they are
getting ripped off. The courts do not like to decide who gets
the CDs and who gets which DVD, so a good attorney will
encourage you and your ex to settle minor property issues
outside of court. An attorney can also help you understand the
decisions that need to be made when dividing your personal
property. It is almost always cheaper to pay an appraiser a few
hundred dollars than it is to spend time, money and energy
debating the division of personal property.
GENERAL DIVORCE: What is spousal
support, and will I get it?
Oregon State considers divorce as “no fault.” That means that
as far as the court is concerned, it is irrelevant if your
spouse cheated on you and ran away with your best friend. When a
court looks at your case, the Judge will make a determination on
spousal support by looking at many factors including the length
of the marriage, the age, health and earning capacity of each
party. These are just a few considerations. There are many more.
There is no law that guarantee that you will receive spousal
support. There is a law that allows spousal support under
various circumstances. If the court determines that spousal
support is appropriate, the Judge will set it at a level and
duration that will encourage each party to become independent of
each other as soon as that is reasonably possible.
In all spousal support cases, the court will try to make the
financial situation “not too disproportionate from that which
you enjoyed during the marriage.”
That means that even if your spouse earned $50,000 while you
stayed at home and cared for the kids, you can expect a judgment
that aims to make both your lifestyles similar.
The court will want you to become independent as soon as
possible, but factors such as age, health, education, absence
from the workforce, needs of the children, and length of the
marriage will assist the court in making its decision.
Without question, on the issues of spousal support, you need an
attorney.
It is also important to know that the amount of spousal
support, like child support, can change if circumstances change,
like a raise, or loss of a job etc.
GENERAL DIVORCE: My ex is bound to hide
assets, what can I do?
We can help. The court requires a full disclosure of assets,
and that means nothing is allowed to be hidden. That is called
fraud and Judges hate liars and cheaters. Write a list of
anything you think your ex-spouse might be hiding. We will work
hard to make sure you are treated fairly and with respect.
The toughest cases of hiding assets involve self employed
business owners who deal in cash. How do you account for every
dollar? Is it worth it? Why am I struggling so much and my ex
has so much money? We can require full disclosure and if we
need, we will take depositions to see if your ex is hiding
assets. No one can say the other person won’t lie, but if they
do and are exposed, the courts are very helpful in correcting
fraud.
People forget or don’t realize that when they file for divorce,
they are under the immediate control of the court. We can get
orders to help minimize hiding and fraud.
GENERAL DIVORCE: I need my ex’s medical
insurance… help?
Asking for you ex to cover the cost of your medical insurance
may be a part of your divorce settlement, and you are entitled
to COBRA insurance if you were covered by insurance while you
were married. Medical insurance can be a big cost to divorced
couples – make sure you ask your lawyer about ways to protect
yourself.
GENERAL DIVORCE: Why use a lawyer? I’ve
got a book on do-it-yourself divorce.
Do-it-yourself books can make for useful reading and
background, but it can be extremely expensive to change or
unwind a poorly done DIY divorce. Cleaning up a mess is much
more expensive than hiring a lawyer initially. You know the old
saying “An ounce of prevention is worth a pound of cure.”
While there are cases where it can work out well, the risk that
the settlement is unfair is great, and cleaning up the mess is a
costly affair. Although we understand that divorce is not a
cheap process, it is important to do it right the first time.
GENERAL DIVORCE: How do I prepare to
leave my spouse?
The first thing to do is hire a lawyer. There are many
pitfalls, and an attorney’s advice could easily mean the
difference between losing custody of your children or not, and
owning your house or not. It is simply not a risk worth taking.
There are some practical things that people can do to get ready
for divorce.
Take pictures and make a list of your personal property, room
by room. Get informed on your financial situation. You may be
very surprised if you have not been involved with the family
finances for a while. Establish your own individual bank
accounts and credit. Maintain a diary of daily events that
address the issues concerning care of the children, their daily
routines and you, your spouse and the children. Most divorce
cases involve two good parents. Do not be afraid to give credit
to your spouse for being a good parent.
But, if your situation involves an abusive spouse (to you or
your children), keep a log, get witnesses, and most importantly,
get yourself and your children safe. There are many safe homes
in your community that will assist you in getting out of an
abusive situation.
GENERAL DIVORCE: My ex took all the
money from our joint account. What can I do?
The only way to stop this is to prevent it. By seeking counsel
with me before you leave your spouse, we may be able to obtain a
restraining order that will “freeze” your joint assets – savings
and retirement accounts and joint checking and credit card
accounts, so that your ex cannot take more than his or her fair
share. That said, it is to be expected that you and your spouse
continue to access your accounts for your usual expenses until
settlement (see Top Ten Dumb Things To Do During A Divorce).
GENERAL DIVORCE: What will this whole
thing cost?
Here’s a nice answer. I don’t know. Divorce is generally not
cheap.
A typical legal fee for a divorce with a fair degree of
co-operation between the parties can be around $2,000, but this
varies greatly according to how complex the issues are in your
case. In hotly contested or complex cases attorney fees have run
upwards of $10,000 to $35,000. I’ve heard, but never been
involved with cases where the fees of the attorneys were more
than $100,000.
We usually charge an initial retainer fee and then bill
accordingly if more fees and costs are incurred. Once again,
divorce is not cheap, and you can expect your lifestyle to
change. You may need to ask your parents or family for help.
DIVORCE AND KIDS: Will I get custody of
my children?
This is the first question that most mothers ask us. The law
does not favor either the husband or the wife with respect to
the children, but custody is determined by what is in the best
interest of the children. To figure out "what is in the best
interest of the children," the court looks at many factors,
including who has been the primary parent of the child, the
history of the raising of the children, and any issues of poor
parenting by either the mother or the father, An example might
be where one parent has a problem with alcohol, drugs or verbal
and physical abuse of the spouse or the children. It would be
unrealistic for a spouse who is an abuser of a spouse or of the
children to reasonably expect that a court is going to award
them custody. But, it is important to know that contrived
allegations of abuse would be viewed by the court as
inappropriate and would count against the person making these
false claims.
The Court is interested in what is in the best interest of the
children and will consider their ages, their relationships with
their parents, their relationship with peers in school, and what
is in their long-term interests.
Typically, an unemployed housewife that has been the primary
care provider for her children since birth has a much stronger
case to be given custody. The more active fathers are in raising
their children, the stronger their case for custody. A mother
who has raised the children during their early years, but who
has shared parenting more equally as the children got older,
creates a more difficult decision for awarding custody.
Courts require that the parties attempt to resolve their
differences through mediation first. If that is not possible,
then custody can be determined with the aid of a custody study
completed by an outside professional. Lastly, the court will
hear testimony from witnesses and the parties in order to
determine custody if it cannot be resolved through mediation or
the custody study.
DIVORCE AND KIDS: What is joint custody
anyway?
Joint custody assumes a working civil relationship between the
parents of the children. If the mom and dad can talk to each
other, be reasonable with each other, and discuss the needs of
the children in a non-aggressive and honoring fashion, then
joint custody may be a sound way to resolve custody. The court
will not order joint custody unless both parties agree. If one
party dominates the other through control, abuse, or significant
differences in personality, then joint custody would not be a
workable alternative and sole custody would be ordered by the
court.
Joint custody involves both parents in helping to make the
major and not so major decisions in the lives of the children.
These decisions include education, religious upbringing, major
day-to-day decisions, medical care, etc. Even if joint custody
is not agreed upon and one party is granted sole custody, the
non-custodial parent may still have significant rights
concerning parenting time and access to involvement in the
child's life. That might include access to school events and
records, but the primary decision-making would be left with the
sole custodial parent.
DIVORCE AND KIDS: When does joint
custody works best?
• When parents can maintain a civil, business-like relationship
and arrangements are planned around the children's needs and
developmental requirements.
• When schedules are predictable and stable but flexible enough
to change when circumstances dictate it.
• When parents live in physical proximity to each other.
• When parents are careful to support and not undermine each
other, regardless of their own feelings.
• And, when financial resources are available to maintain two
full residences.
DIVORCE AND KIDS: What’s this “Children
Coping With Divorce” class?
In divorce cases where children are involved, most counties
have an education program to help parents help their children
through what can be, at the least, an unsettling event in their
lives.
DIVORCE AND KIDS: She wants to move to
another state – how will I see the kids?
This is not an easy situation. Oregon law allows for a
provision in a divorce decree that restricts either parent from
removing the children more than 60 miles from the family home
without advance notification to either party. This gives the
non-moving party an opportunity to resist the move through the
courts. In many cases, allowing the children to relocate out of
state is an acceptable outcome for the children. For example, a
mother with no immediate family in the area, divorcing a
workaholic husband not closely connected with his family, may
justify a move with the children back to an area where the
mother and children will have extended family support. The
father can travel or bring the children to him for his parenting
time. However, the costs of travel can be quite large and child
support may be reduced to assist the father with those
additional costs.
It is important to remember that as in life, there are
trade-offs with most decisions. You will want to think about the
ramifications of an out of state move before doing so. It is not
unusual for the parent who moves away to pay for transportation
for the children’s visits, but this is determined on a
case-by-case basis, driven in large part by the income of the
parties. It is important that issues such as these are covered
in your divorce, and we have the experience needed to make you
confident that you have come to the best agreement possible.
DIVORCE AND KIDS: What is a typical
visitation plan/parenting time schedule?
Every county has its own standard parenting time schedule (you
may know it as a visitation plan). They can all be modified
through agreement or marriage circumstance, but a good starting
point is that the non-custodial parent be awarded alternating
weekends and an equal division of holidays and school vacations.
DIVORCE AND KIDS: What is mediation and
why do we have to do it?
Mediation is a cooperative problem solving process using
mediators (people who are not biased) to help a divorcing couple
reach an agreement on the issues dividing them. These issues
usually include custody and developing a parenting plan as well
as division of assets and spousal support.
Mediation is required by the court in divorce cases on issues
of child custody and parenting time (visitation). That’s usually
a good thing, as “custody battles” in court are very expensive.
These days most divorce cases don’t see the inside of a
courtroom, and are resolved through successful mediation and
negotiation between attorneys. When you agree to mediation, it
is important to be fully prepared. If you are prepared and the
case can be kept out of court, the results are usually better
for everyone, and certainly a great deal cheaper.
DIVORCE AND KIDS: Am I ready for
mediation?
It is important to select a lawyer before going into mediation
so that you know what to negotiate. In court ordered mediation,
the issues are custody of children and parenting time
(visitation). In voluntary mediation (outside the court system),
you need to be more completely prepared. Did you know, for
example, that you may be entitled to part of your spouse’s
retirement and 401K accounts, life insurance, and other assets
you may not have considered? We can make sure that nothing is
overlooked during this confusing time. You need to be prepared
emotionally as well. We can help you prepare and can refer you
to a qualified counselor, as well as get your documents
organized.
DIVORCE AND KIDS: How much child support
will I get?
The amount of child support awarded is determined in large part
by the Child Support Guidelines established by law and the
Administrative Rules. The level of support varies, and depends
on a number of factors. The income of each spouse is a factor,
as is the cost of work-related daycare, medical insurance costs,
and in some cases, the number of nights the children spend with
each parent.
Child support can be modified at any time that circumstances
are significantly changed. That might be if one spouse loses
their employment, gets a raise, or inherits a sum of money. It
is important to have a highly qualified lawyer to assist you in
modifying child support.
DIVORCE AND KIDS: My ex abused us; I
don’t want him seeing the kids. What do I do?
This is a very difficult situation, and best handled by a
lawyer well experienced in this area. We have dealt with many
cases such as this, and we recommend that you seek advice as
soon as possible. The law provides for court orders to protect
you and your children from abuse. Additionally, you may need a
restraining order allowed by Oregon law.
DIVORCE AND KIDS: I can’t wait for
settlement - I need child support now!
There is no quick answer to this question, but there are
procedures in the court to ask for a temporary award of spousal
and/or child support until a divorce reaches settlement. It is
important to seek a lawyer’s advice as soon as possible to file
the right court documents.
DIVORCE AND KIDS: How can I help my kids
deal with our divorce?
There are many community resources available to help parents
help their children. We are also available to refer you to
experienced counselors who specialize in working with children
who are dealing with a family break-up.
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