A personal injury remains what it is, regardless of the magnitude. For that reason, Oregon State devised the ORS 20.080 demand to help victims of small injuries get their deserved compensation. If you are looking for an average settlement for whiplash injury Oregon State has to offer, then you should read this to the end.
What is ORS 20.080?
This statute coined in Oregon State enables victims of smaller car accidents to demand compensation for injuries valued at $10,000 or less. Besides, the plaintiff could receive an additional attorney’s fees if the jury decides so. When you choose to use the ORS 20.080 demand, the law requires that you provide all the documents that are necessary in the case. You should make the documents available at the time the demand letter is sent to the driver at fault and the insurance company involved.
The demand letter is effective within 30 days, within which the driver at fault or the insurance company should respond. If they fail to respond within that period, you are at liberty to kick off litigation. At the verdict, the jury could impose further charges on the defendant or the insurance company to pay for your attorney’s fees.
You could use ORS 20.080 demand without an attorney
In some cases, you could draft your demand letter using the ORS 20.080 statute to seek compensation for a ‘smaller’ personal injury. You could send the letter and all the associated documents to the driver at fault and the insurance company involved through first class or certified mail. The demand letter should mention the statute ORS 20.080 with a threat of litigation if the defendants fail to comply.
The letter should also explain the possibility of the jury awarding attorney’s fees if it decides a higher verdict than the offer made within thirty days. Inform the driver at fault and his insurance company that you have already contacted a personal injury lawyer who is ready to commence litigation if they fail to meet the demand within the 30-day window.
Implementing the statute with an attorney
While you could go about the demand letter on your own, it is advisable to involve a reliable personal injury lawyer to handle the case for you. Without an attorney’s input, the insurance adjuster of the driver at fault might not take the demand seriously. In order to benefit fully from the statute, you should involve a personal injury lawyer.
In Portland, for example, you could visit injurylaworegon.com to find a reliable attorney to hold your hand in that case. With a reliable personal injury attorney, you could easily avoid problems with medical bills or fussy insurance adjusters. Personal injury lawyers have adequate experience in handle similar cases so they know the tricky areas.
However smaller your accident may seem, the point remains that you sustained injuries and so you deserve compensation. Utilizing the ORS 20.080 demand is one of the ways to recover the damages. Remember that the statute is only applicable in Oregon State and could only be used for personal injuries that take place in the said state. https://www.injurylaworegon.com/weblog/ors-20.080-demand-oregon-state