Florence Pedestrian Accident Lawyer

MAX PEDESTRIAN SETTLEMENTS FASTER IN FLORENCE

  • FREE Consultation
  • WIN or pay no fees
  • This Florence pedestrian accident lawyer doesn’t let insurance delay, devalue, or deny
  • As a former insurance attorney, we know their playbook & the legal loopholes to get you more money & reduce medical bills to pocket more money
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Florence Pedestrian Accident Law FAQs

While most cases never go to litigation (trial in court), to obtain your max settlement faster we’ll still need a strong case. And the burden of proof is on us (victim and team), not the at-fault party. To qualify for a valid injury case in the state of Oregon, here there are 4 burdens we must prove:

  1. Duty of Care
    • We must prove there is a reasonable expectation for people or entities (like governments, companies or organizations) to act or refrain from acting in a certain way OR that there is a legal obligation to conform to a certain standard of conduct for the protection of others against foreseeable risks of harm.
    • For example:  A driver has a duty to operate their vehicle safely – maintain control of the vehicle, keep a proper lookout for hazards, obey traffic laws, and generally drive in a safe and responsible manner.
  2. Breach of Duty (Negligence)
    • We must prove there is negligence, or a failure to meet the standard of care expected to prevent foreseeable harm.
    • For example:  If a driver speeds, runs a red light, texts while driving, or drives under the influence of alcohol or drugs, they breach their duty as a driver. If this negligence leads to an accident causing injury or damage, the driver can be held liable for the resulting harm.
  3. Recoverable Damages
    • We must prove that there are injuries, lost wages, and/or property damages. Claiming “damages” refers to the injured party’s entitlement to be compensated and restored, as much as possible, to the position they would have been in had the harm not occurred.
    • Damages refer to compensatory injuries, both economic and non-economic.  
      • Economic damages refers to tangible losses with clear monetary values, such as: medical expenses (past and future), lost wages and reduced earning capacity, property damage, and out-of-pocket expenses related to the injury.
      • Non-economic damages refers to intangible losses that are harder to quantify, such as:  pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (impact on relationships), and disfigurement.
    • In order for damages to be recoverable, two conditions must exist:
      • 1.) We must be able to identify the “at-fault” or responsible party, thus answering the question of “WHO is responsible?
      • 2.) The “at-fault” or responsible party must have financial assets (i.e., insurance, money, property of value, etc.) with which to compensate you for injuries, lost wages, and/or property.
        • If the person responsible doesn’t have insurance coverage, money or valuable assets with which to compensate you, there may not be any money to recover for your losses
  4. Causation
    • The legal concept that establishes a link between a defendant’s actions (or lack of action) and the harm suffered by the plaintiff. Causation answers the question: “Did the defendant’s actions directly cause the plaintiff’s injuries or losses?”

Ouch! Pedestrian injuries occur in everyday life but when someone or some other entity is responsible, society recognizes the obligation to offset losses with financial compensation.

At-fault parties and their insurance companies look out for themselves and only want to part with a minimal amount of money, so the opposition’s objective is to minimize their losses when compensating you for yours.

The burden of proof for establishing financial losses and incurred suffering is on the victim. This process of building your case and taking on the burdensome workload is new to you but not to insurance companies. Your opposition is researching strategies right now to cast doubts upon causation and the circumstances surrounding your injuries.

If only insurance companies and at-fault parties were as generous in their assessments on value of loss as the CDC (Centers for Disease Control and Prevention). Insurance companies have their adjusters, researchers, and lawyers because they know what’s at stake — you should, too, because what’s at stake for your is even higher.

While CDC assessment values rarely reflect injury victim settlement values, as a former insurance attorney, we have our own strategies and legal loopholes to build you a bigger settlement…faster.

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2021 CDC Injury Data – Outpatient Hospital Visits
Type
Events
Avg. Medical Cost
Avg. Work Loss
Avg. Quality of Life Loss
Avg. Combined Loss
Dog Bite287.8K$3,278$232$6,004$9,514
Fire / Burn6.9K$5,094$1,593$9,219$15,906
Motor Vehicle Occupant1.57M$5,559$2,871$86,839$95,269
Motorcyclist181.0K$9,954$3,732$67,138$80,824
Pedal Cyclist254.K$7,375$1,378$80,522$89,275
Pedestrian95.0K$9,362$2,314$80,341$92,017
Other Transportation356.3K$7,941$2,050$87,300$97,291
Unknown / Unspecified16.8K$4,203$467$2,007$6,677

Source: CDC

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2021 CDC Injury Data – Hospitalizations
Type
Events
Avg. Medical Cost
Avg. Work Loss
Avg. Quality of Life Loss
Avg. Combined Loss
Dog Bite14.8K$54,196$9,673$49,174$113,043
Fire / Burn31.9K$69,664$9,673$3,783$83,120
Motor Vehicle Occupant260.2K$77,386$25,462$181,438$284,286
Motorcyclist76.8K$91,348$25,461$184,052$300,861
Pedal Cyclist39.5K$60,722$17,139$197,619$275,480
Pedestrian48.7K$101,404$23,001$216,749$341,154
Other Transportation70.5K$69,341$12,203$185,808$267,352
Unknown / Unspecified349.3K$55,834$9,673$17,154$82,661

Source: CDC

Skip the Courtroom Drama…Completely

Most personal injury claims never see the inside of a courtroom. Why? It boils down to a simple equation for both injury victims and insurance companies:

Time + Money + Risk = Settlement.

Here’s the breakdown:

  • Time: Trials are marathons, not sprints. Discovery alone can drag on for months, with depositions, document exchanges, and expert witness preparation. Add pre-trial motions, jury selection, and the actual trial itself, and suddenly years have passed. Settlements? They can be reached in weeks or months, saving everyone involved invaluable time.
  • Money: Trials are expensive. Lawyer fees escalate, expert witness fees pile up, and court costs mount. For defendants, a multi-million dollar jury verdict is a nightmarish financial prospect. For plaintiffs, even a win can come at the cost of depleting resources. Settlements offer a predictable, fixed cost, avoiding the gamble of a drawn-out legal battle.
  • Risk: The courtroom is a gamble. Juries are unpredictable, and even seemingly strong cases can collapse under cross-examination. For both sides, settling removes the gamble of “win or lose.” Defendants avoid the potential for a much larger payout, while plaintiffs secure compensation without the anxiety of an uncertain verdict.
 

Here are a few more compelling stats to support our logical explanation above:

  • According to a 2017 survey conducted by Nolo.com, only about 4% of their readership’s cases went to litigation
  • According to Westlaw Edge’s Litigation Analytics, fewer than 1% of personal injury cases filed in federal court from 2019 – 2023 were decided by a jury

So, while courtroom dramas might make for thrilling TV, the reality is most personal injury claims settle. It’s simply a more efficient, cost-effective, and less risky way to resolve a dispute and move on. While our winning record in court proves we’re not intimidated by the time-intensive, costly and high-risk stakes of litigation, we deliver on our promise of our name (Max Settlements Faster™) best by winning preemptively to help you avoid court.

Let’s Unpack the Unpopular But True Answer: It Depends.

Justice delayed is justice denied; hence our focus on speed. When lives are on hold, waiting for closure is agony, not fairness. We fight for swift redress without ever compromising on your maximum settlement. So let’s explore generalized timelines in this process.

  • Instant:  Injury
  • 1-2 Weeks: Securing representation
  • Way Too Long:  Healing until you become medically stationary (see definition below)
    This is by far the longest phase of your personal injury case.
    It is very common for this to endure for at least a few months and with more serious injuries continue beyond the year mark.
  • 3-8 Weeks: Medical bills & records accumulation
  • 1-2 Weeks: Processing, analyzing & summarizing medical bills & records ICD10/11 codes
  • 1 Week: Meticulously building your claim into a powerful demand package
  • 30-45 Days: Insurance adjuster reviews the demand package & offers an initial offer (ours are almost always faster because of the unique approach we take)
  • TBD: Acceptance or counter negotiation

 


 

What does it mean to become medically stationary?

Medically stationary isn’t a medical diagnosis, but a legal marker. It means your injury or illness has reached a plateau where no significant improvement is expected, even with further treatment or time. The accident’s impact has stabilized, good or bad. It’s not a cure, but a turning point, marking the end of the active medical phase in legal processes related to your injury.

 

For personal injury cases in which the victims are not at-fault:

  • According to a 2017 survey conducted by Nolo.com, about 67% of their readership received compensation through a settlement
  • As personal injury attorneys employing The 4-4-8 Method™, 99% of retained personal injury clients have received compensation through settlement
Another Unpopular But True Answer: It Depends.

The internet buzzes with claims of million-dollar settlements. While these high-profile cases may grab headlines, they rarely represent the average experience. When navigating the murky waters of personal injury law, it’s crucial to cut through the noise and focus on the realistic figures.

The aftermath of a personal injury can be overwhelming. Medical bills pile up, work hours are lost, and emotional scars linger. In the midst of this turmoil, an important question often arises: how much compensation is typical in personal injury cases?

According to a 2017 survey conducted by Nolo.com:

  • Less than $3,000 = 16%
  • $3K – $10K = 37%
  • $10K – 25K = 21%
  • $25K-75K = 10%
  • $75K+ = 16%

According to the same 2017 survey conducted by Nolo.com:

  • Accepted first offer = $11.8K
  • Negotiated but did not threaten/file lawsuit = $23K
  • Negotiated and did threaten/file lawsuit = $45.5K
  • In some cases, the types of insurance and policy limits can influences the settlement amount

Unfortunately, there’s no simple answer. Every case is unique, and the amount of compensation awarded depends on a multitude of factors. Here is the approach we take so that you walk away with your maximum “free-and-clear” settlement or the max amount that you keep:

  • Assess similar cases algorithmically and leveraging 31 years of experience
  • Build your claim with painstakingly meticulous precision in 8-steps
  • Reduction or elimination of medical liens for medical costs associated with the accident beyond your PIP

 


 

What is PIP?

Personal Injury Protection is an additional component of every auto insurance policy in Oregon. PIP coverage includes medical expenses, lost wages, and sometimes other costs like funeral expenses or childcare, for you and your passengers if you’re injured in an accident. It’s a “no-fault” coverage, meaning it pays out regardless of who caused the accident. PIP benefits can be used in addition to your health insurance, and it can help cover costs that your health insurance doesn’t.

Properly optimized, PIP is a vital component of our strategy to reduce or even eliminate the medical debts or liens that threaten to wipe out your settlement.

 


 

Unprecedented transparency is a key component of why personal injury victims choose us to represent them, which aligns perfectly with the success of our comprehensive 4-4-8 Method™. Working with us ensures that you’ll know how to maximize your PIP.

It’s critical to speak with a personal injury attorney as early as possible for a wide range of reasons, including some listed here below.

  1. Insurance adjusters pretend to be your friend. They express empathy, concern and a desire to get you compensated quickly. But all of this conceals their true objectives of learning something that diminishes your case value. Legal representation stops this!
  2. The initial insurance adjusters that consumers work directly with set a “reserve” or value for your claim from the first time you communicate with them. The “reserve” level is based on what they learn within that first communication. Once that “reserve range” is set, it is extremely difficult to obtain compensation above that range and usually requires involvement of additional managers. Hiring an attorney immediately escalates your case up the chain to a more experienced adjuster with  a higher “reserve” capacity for higher compensation potential.
  3. Not only do they guide you through a complex, often confusing maze of legal procedures, but they know the deadlines related to filing claims, as well as how to estimate damages and negotiate settlements. That’s why attorneys are key components in the personal injury settlement process. And, it’s reflected in a study about why individuals consult one.
 

 

What is a “reserve amount” and why does it matter?

The reserve amount is the estimated range of value that an insurance adjuster initially sets on your injury claim. While it’s only a starting point for negotiation and doesn’t necessarily reflect the final settlement you’ll receive, it can significantly influence your final settlement without aggressive negotiation or legal representation.

Increasing the “reserve range” of your case’s value can be quite difficult once set by your insurance adjuster. In many cases, increasing the “reserve value” of your case could require involving more experienced insurance adjusters with higher limits than the adjuster initially assigned to your case. This is where experienced personal injury attorneys can help unlock much more value to your case.

 


 

According to an IRC (Insurance Research Council) study published in 2016, the top 3 reasons for consulting an attorney are:

  1. It was recommended by someone else
  2. Motivation to obtain a maximum settlement
  3. A doctor recommended it

Accident victims want to be confident that they are getting a fair settlement, adequate treatment, will be able to heal without stress and are able to hold off bill collectors until they receive their settlement and are able to move on. According to a 2017 survey conducted by Nolo.com, those who worked with an attorney received greater settlements:

  • Accident victims who received payout without a lawyer = 51%, with an average payout of $17,600
  • Accident victims who received payout with a lawyer = 91%, with an average payout of $77,600
  • Even after subtracting law firm compensation fees, average payouts were nearly 3 times higher with a lawyer

We’ve Spent 31 Years Honing Our 4-4-8 Method™ to Redefine Recovery

  • Access all in-network treatments to fully heal
  • Build a bigger settlement in 8+ steps
  • Learn our unique 4-step plan for compensation faster (seriously!)
  • Engage all insurances to make you whole, adding up to $15-$100K in value (beyond your settlement) to your case
  • Move on with your max “free and clear” settlement

We shut down insurance companies’ attempts to:

Delay

Devalue

Deny

Trust the Florence Law Firm with a Proven Plan:

This 15 minutes could save a lot more than 15% of your settlement. Right now your insurance adjuster is calculating the “reserve” range of what your case is worth without us and it could be costing you thousands.

You have the long-lasting, harder part: healing. So we’ll guide you step-by-step through each phase to point your recovery and case in the direction they need to go using a proven plan 31 years in the making.

Even generous compensation is meaningless if it isn’t protected, especially against outstanding medical expenses that threaten to wipe out your hard-fought settlement. What truly matters is the amount you pocket after all is said and done; that’s why we’re relentless about every detail of your case.

Trust 5-Star Reviews

Download Free:

“How You Start Determines How You Finish: A Guide For Oregon Injury & Accident Victims”

Plus we’ll also send you:

“The 9 Most Common Mistakes That Cost Injury Victims Thousands”