Detailed Answer
After a car accident in Oregon that worsens a pre-existing condition, you have rights to full compensation under state law. Follow these steps to document your injuries and pursue damages:
1. Seek Immediate Medical Evaluation
Obtain a thorough medical examination as soon as possible. A prompt evaluation by a qualified healthcare provider creates an official record of new or aggravated conditions. Keep copies of all medical records, diagnostic tests, and treatment plans.
2. Document Your Exacerbated Injuries
Maintain a detailed pain and symptom diary with dates, intensity levels, and limitations. Take clear photographs of visible injuries or mobility issues. Request itemized medical bills and records for all treatments, including chiropractic, physical therapy, or specialist visits.
3. Understand Oregon’s Statute of Limitations
Under ORS 12.110 and ORS 12.115, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline usually bars you from recovery.
4. Know Oregon’s “Eggshell Plaintiff” Rule
Oregon follows the “eggshell plaintiff” doctrine under ORS 31.710. A defendant must take you as they find you and is liable for the full extent of harm, even if a pre-existing injury made your damages worse.
5. File an Insurance Claim or Lawsuit
File a claim with the at-fault driver’s insurer, submitting medical records, diary entries, photographs, and bills. If the insurer denies or undervalues your claim, send a written demand letter outlining your losses, treatment history, and relevant statutes. If negotiations fail, consult an attorney and consider filing a lawsuit before the statute of limitations expires.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Keep a daily log of pain levels, symptoms, and treatment details.
- Organize and store all medical records, invoices, and diagnostic reports.
- Photograph visible injuries, such as bruising, swelling, or limited range of motion.
- Collect names and contact information of witnesses to the accident.
- Obtain a copy of the official accident report from law enforcement.
- Follow all prescribed treatments to bolster the credibility of your claim.