5 Signs That It's Time To Switch a New Personal Injury Lawyer

5 Signs That It’s Time To Switch a New Personal Injury Lawyer

As a client with a personal injury case, you can fire your lawyer at any time, assuming that you are mentally competent. You might owe your former lawyer some money as a result, but that doesn’t mean you have to continue allowing substandard representation. Following are some red flags that should tell you that you need a new lawyer.

Your Lawyer Is Not Communicating With You

Lack of communication is perhaps the number one reason clients fire their lawyers. Your lawyer should update you on your case (without your constant prompting) and respond promptly and thoroughly to your questions and concerns. A terse “yes” or “no” answer shouldn’t satisfy you, no matter how busy the lawyer is.

Your lawyer’s failure to communicate with you on your case might be telling you something. For example, it might be telling you that your lawyer has no news to report because they are not pursuing your case. A large firm might treat you as nothing more than a case number. It might also be that your lawyer has delegated your case to a paralegal or a junior lawyer with whom they rarely communicate.  

You Don’t Like Your Lawyer

It might seem frivolous to fire your lawyer simply because of a personal dislike. It might still be the right thing to do, however, for the following reasons:

  • You and your lawyer work best as a team, with you making the major decisions and your lawyer deciding on tactical matters and executing your decisions. If you two don’t like each other, you’re not likely to work effectively together. If your lawyer doesn’t like you either, they might not give their best effort.
  • Sometimes, it’s a good idea to go with your “gut feeling.” This isn’t an appeal to magic. Your unconscious mind is a repository of facts that are too numerous to fit into your conscious mind’s limited storage space. A conclusion arising from these hidden facts could surface in your conscious mind as a gut feeling.

Of course, don’t go overboard with this. Don’t fire your lawyer simply because they physically resemble your ex-spouse, for example.

Your Lawyer Has Little or No Trial Experience

Some lawyers possess rich experience negotiating personal injury settlements but do not win at trial. While this might sound good, such a lawyer is not necessarily your best choice. Ironically, this is particularly likely to be true if you plan to negotiate an out-of-court settlement to avoid trial. 

This is because insurance companies respect lawyers who have proven the ability to take them to court and win. Without this experience, the insurance company will not respect your lawyer. They might settle your claim, but they will settle it for less than what it would have been worth if you had hired an experienced trial lawyer whom insurance companies know and fear. 

You’ve Discovered a Conflict of Interest Involving Your Lawyer

A conflict of interest occurs when your lawyer would benefit from doing something that would harm you or not doing something that would help you. Following are some examples of conflicts of interest in personal injury law:

  • Your lawyer represents both you and the defendant in the same case. The most common form this conflict takes is when a lawyer represents a couple seeking an ‘amicable’ divorce that later turns rancorous.
  • You are suing a company, and your lawyer is a shareholder in the company.
  • Your lawyer has a close personal relationship with the opposing party.
  • Your lawyer wants to charge you using billable hours rather than the contingency fee arrangement that most personal injury lawyers use.

There are hundreds if not thousands of ways that a conflict of interest can arise,

Your Lawyer Has a Bad Reputation Among Clients or Peers

Check your lawyer’s reputation on the internet and at sites like Avvo.com and Martindale-Hubbell. Ask around about them and if you have the social connections to do so. It’s best to do this before you hire the lawyer–but hey, better late than never!

A Trusted Personal Injury Lawyer Can Help You

An experienced personal injury attorney can make all the difference in the success of your claim. Switching lawyers isn’t something that you should take lightly, but it might be in your best interest. If one of the above signs applies to your situation, making a move could be the right choice.

How To File a Personal Injury Claim After a Car Accident in Oregon

How To File a Personal Injury Claim After a Car Accident in Oregon

If you were involved in a car accident that wasn’t your fault, you may have the right to compensation for your medical expenses, lost wages, car repairs, and pain and suffering. Because Oregon is an at-fault accident for car accidents, the party found at fault for the accident is responsible for paying for the accident victim’s damages. 

To get this compensation, it may be necessary to file a personal injury claim. This process may involve the following steps:

Reporting the Accident 

Any time you are involved in a car accident, you should immediately report it. A police officer can respond to the scene of the crash, take your statement and the other driver’s statement, and investigate the crash. They record this information on a report, which the insurance company will likely request when you make your claim.

Oregon law requires you to report any crash to the DMV if you are involved in an accident resulting in property damage of $2,500 or more, injury, or death, even if law enforcement completed a report. You must complete a written report within 72 hours of any such accident. 

Seeking Medical Attention 

If you notice injuries at the time of the accident, you should request an ambulance. But even if you don’t immediately notice injuries, you may have still been injured but your symptoms may be delayed. Seek medical attention promptly after an accident. Keep all of your medical records and bills to link the accident and your injuries. 

Notifying the Insurance Company

You will need to notify the at-fault party’s liability insurance provider to get the claims process started. It is important to tread lightly with this process because insurance companies want to minimize their own liability. They may try to ask you to give a recorded statement, sign medical release forms, or take other actions that could harm your case. Refuse to do so.

You may also be required by the terms of your insurance contract to notify your own insurance company after an accident. 

Negotiating for Compensation 

You may have suffered considerable losses in the accident for which you deserve compensation, such as:

  • Emergency medical treatment, including ambulance rides, emergency room treatment, hospital stays, and diagnostic testing
  • Ongoing medical expenses and future anticipated medical expenses
  • Lost wages
  • Reduced earning capacity
  • Costs to repair or replace your vehicle
  • Out-of-pocket expenses
  • Disabilities and impairments
  • Pain and suffering  

You inform the insurance company of the extent of their damages and demand that they fairly pay you for them. 

Filing a Lawsuit 

If the insurance company denies your claim or refuses to make a fair settlement offer, you can file a lawsuit against the at-fault driver. You will need to file the paperwork, including a complaint and summons, pay the filing fee, and submit it to the clerk. You will be responsible for ensuring the defendant is properly served with the paperwork.

After the defendant is served with the papers, they will have 30 days to respond with an answer. 


The plaintiff and defendant have the right to make requests of the other party through the discovery process. This allows them to narrow the contested issues involved in the case, obtain evidence to use in the case, and prepare defenses to the other side’s arguments.


If the case has not settled or been dismissed, it proceeds to trial. Each party presents evidence and witnesses. A judge or jury issues a verdict at the end of the trial. 

Contacting a Car Accident Lawyer for a Free Consultation 

If you were injured in a car accident caused by someone else’s negligence, one of the first steps to take is to get a free consultation with an attorney. If you choose to hire them, they can handle your case from start to finish while you focus on your health.

5 Essential Actions To Take After Suffering an Injury on Someone Else's Property

5 Essential Actions To Take After Suffering an Injury on Someone Else’s Property

Generally, property owners are responsible for maintaining their property in a safe condition for invitees and guests. The duty may extend to parties controlling the property, such as landlords, tenants, business owners, and management companies. If the responsible party fails to maintain safe premises, they could be liable for damages if someone is injured on the property.

We refer to this area of personal injury law as premises liability. A common type of premises liability claim is a slip and fall accident. Other premises liability claims may involve fires, bed bugs, explosions, poison, toxic substances, and electrical accidents.

What Do I Need To Prove To Receive Compensation if I’m Injured on Someone’s Property?

Injured parties have the burden of proof in premises liability cases. Therefore, you must prove the following elements to hold the property owner responsible for your injuries:

  • The party owned or operated the premises
  • You were lawfully on the property with the owner’s express or implied consent
  • A dangerous condition or hazard existed on the property
  • The dangerous condition was not obvious or open
  • The party failed to take reasonable steps to warn you about the hazard or fix the condition
  • The dangerous condition or hazard caused you to sustain injuries and damages

The burden of proof for economic and non-economic damages in a premises liability case is by a preponderance of the evidence. That requires you to convince a jury that there is more than a 50% chance that the evidence proves that the property owner failed to meet their duty of care regarding their property.

5 Essential Actions To Take After Suffering Injuries on Someone Else’s Property

The steps you take after an injury on someone else’s property could impact whether you receive fair compensation. To protect your legal rights after an accident on someone’s property, you will want to:

Gather Evidence

The property owner will likely correct the hazardous condition after you leave the property. Therefore, gather evidence before you leave.

Take photographs and make a video of the area. Ensure that you capture the hazard that caused your injury. Ask witnesses for their names and contact information. Note if there are cameras that could have captured the accident. If so, ask for a copy of the video.

Seek Medical Treatment

Always see a doctor after an accident on someone else’s property. Prompt medical treatment is essential for your recovery. It also helps your personal injury case. Delays in medical treatment could give the property owner a reason to dispute your claim that you were injured on their property.

Notify the Property Owner

Report the accident and injury to the property owner or party in charge of the premises. Ask for a copy of the written report before you leave. If the person does not create a written report, write down the person’s name, title, and contact number.

Keep Track of Expenses

You may be entitled to economic damages. These damages include medical bills and lost wages. It also includes out-of-pocket expenses and other financial losses. Keep receipts, bills, invoices, and other evidence of your losses.

You may also receive compensation for your non-economic damages. These damages compensate you for pain and suffering. Begin a journal to note the details about your recovery, such as your pain levels, difficulty performing tasks, and emotional distress.

Seek Legal Advice From a Premises Liability Lawyer

If you were injured on someone else’s property, you deserve to be compensated fairly for your injuries. However, premises liability claims are complicated personal injury cases. It helps to have experienced legal counsel as soon as possible after your injury.

A premises liability lawyer investigates the cause of your injuries. They gather evidence to build a solid case for maximum compensation of damages.

Injury lawyers offer complimentary consultations. Therefore, you can get answers to your questions and learn about your legal options free of charge.