Auto Accident Back pain Help to get Treatment
Car accident? Were you hurt? Leave it up to the experts to see if the pain you feel is a result your accident? Call us, we can help manage your case!
“If you have been hurt in an automobile accident through no fault of your own, you are entitled to treatment for your injuries, compensation for pain and suffering, and reimbursement of all losses which you have suffered.”
If you are seriously injured, we strongly suggest that you hire a reputable personal injury (PI) attorney. It will be worth your time time and money. Many Oregon chiropractors recommend the law firm:John R associates because they have a great reputation and are dedicated to helping accident victims obtain the medical treatment necessary for recovery and just and fair compensation for your pain, suffering and economic losses. You should consult with your personal injury attorney shortly after starting care.
*OREGON PERSONAL INJURY PROTECTION (PIP) INSURANCE LAW*
“All Oregon non-commercial auto insurance policies have no-fault Personal Injury Protection (PIP) healthcare and wage loss coverage. This means that if you are injured in an automobile, bicycle, or pedestrian accident, your auto insurance provides a minimum of one year and $10,000 in no-fault medical coverage. In addition to medical coverage, your personal injury protection insurance provides wage loss coverage. This coverage is mandatory for all auto insurance, but not motorcycle insurance.”
Who does PIP cover?
Oregon personal injury protection insurance covers all of the occupants of the car. Each occupant is considered a separate claim, although all of claimants will have the same claim number. It also covers pedestrians and cyclists hit by a car. If you are on a bicycle or a pedestrian, your personal injury protection should pay your medical expenses if you are struck by a motor vehicle. If you do not have auto insurance and do not have health insurance, than the other driver's insurance should pay all your medical bills related to the motor vehicle accident.
What does Oregon PIP cover?
PIP coverage covers all your medical bills related to the accident, up to one year or up to $15,000. It covers your wage loss up to $3,000 for 52 weeks. It covers loss of essential services for up to $30 a day.
How much wage loss will my personal injury protection insurance pay?
You PIP insurance will pay up to 52 weeks of wage loss up to the maximum monthly amount of $3,000.
Will my insurance company pay all of my medical bills?
Your insurance company is required to pay all of your medical expenses within the first year that are reasonable and related to the accident, up to your policy limit ($15,000 for most people). This does not mean that they will pay these bills. Insurance companies do not pay bills if they don't have to. They can deny payment and send you to an Independent Medical Exam (IME) insurance company doctor. The vast majority of the time these doctors say that your treatment is not necessary, that is why the insurance companies use these doctors rather than talking to your treating doctor.
What can I do if they refuse to pay my medical bills?
If the accident was not your fault, the best course of action is to pursue the at fault driver's insurance company for your medical expenses as well as your pain and suffering. If you were at fault, your only choice is to sue your insurance company or request arbitration. If the accident was your fault, you can sue your personal injury protection carrier and force them to pay your medical expenses.
Is there anything I can do to make it less likely that my personal injury protection will deny payment of my medical bills?
Yes, your medical bills are much less likely to be denied if they are from a doctor that can write a good narrative about your injuries no matter what specialty they are ( DC, DO, MD, ND ). Chiropractors, Naturopaths, and massage therapists, and acupuncturist practice natural, hands-on treatment, thus need to be seen more frequently than medical doctors that just prescribe drugs and medication. Medical doctors are not the only good doctors out there, however, beware of providers who just want to run up a bill. If you are seeing a doctor who says you need to treat 5 times a week, there is a very good chance that your personal injury protection is going to run out.
Do I have to pay back for my PIP benefits?
You may have to pay for services if your PIP coverage is exhausted or denies claims. If this happens before one year, you may need to hire an attorney to represent you. Whether or not you have to pay the benefits back out of any settlement or award depends largely on what your attorney does early on in your case. Most of the time they can force the insurance companies to elect to pay the attorney a fee to recover the medical expenses or waive recovery out of my client's settlement or award. Insurance companies do not want to pay the attorney a fee, and in some cases you can be your own advocate, so the vast majority of the time the insurance companies do not require any repayment by their clients.
What happens if my PIP coverage does not cover my medical expenses?
If you have healthcare insurance, your healthcare insurance will usually pay any additional amounts. If you do not have healthcare insurance, you will be billed personally for any amounts in excess of your PIP coverage. Often times attorneys will work with providers to get them to wait for payment until the case is resolved. An attorney lien will be submitted to your attorney, and most attorneys do not like to sign them. If you have hired an attorney, you must insist that he signs the attorney lien. Attorneys will often try to get physicians to lower or discount their final bill, putting more cash into their pocket, and less to the doctor.
Am I limited to what doctors I can see?
NO! You can see any licensed physician, this includes medical doctors, chiropractors, osteopaths, naturopaths, acupuncturist, psysiatrist, and if needed an licensed massage therapist, orthopedist, neurologist, and/or neurosurgeon. For Kaiser insured, you can go outside the Kaiser system. Your Oregon PIP insurance is required to pay for any reasonable and necessary treatment that you have related to the motor vehicle accident. You get to choose which doctor you would like to see.
How much Personal Injury Protection (PIP) insurance should I buy?
This is not only a matter of opinion, but a matter of business. In my professional opinion, you should have a sit down with your insurance agent and discuss your needs. If you are self-employed and are the sole bread-winner, I think it is in the best interest of your family to increase the PIP coverage. As a business owner myself, I have increased my PIP coverage for just a few additional dollars per month. Some think that if you have healthcare (major medical) insurance, you don't need additional coverage. If you have great healthcare insurance with low co-pays, than buying more than the minimum PIP coverage is up to the personal preference of the insured and is a serious decision that should be discussed thoroughly with your insurance broker/agent. If you do not have healthcare insurance, than you should increase your PIP coverage.
What information will my personal injury attorney need?
If you have been injured in an accident (car or other type of accident), or have suffered an injury due to the non-action, negligence or actions of another, it is important to see an attorney to discuss your possible claim. Before you see your attorney, gather documents and other information you may have regarding the incident that caused your injury. Bring this information with you to give your attorney. You may have different types of information depending on your situation, or your attorney may ask you to bring additional information not listed in this checklist. Keep meticulous records in any accident, a pain diary, and separate jacket for each provider visited is highly recommended. This will make it easy when it comes time to deliver the package to the attorney.
Information and documentation related to your injury may include:
- Name and address of the ambulance company
- Name and address of the hospital you were taken to
- The dates of the accident that caused your injury
- The dates that you were taken to the hospital/emergency room
- Names and addresses of all the doctors that examined you
- Names and addresses of any witnesses to the incident that caused your injury
- Dates you were unable to work due to your injuries
- Name and contact information for your ins co, ins agent and any other claim representative you have talked to
- A copy of your accident report
- Copies of written statements
- Applicable ins policies: homeowners, renters or automobile
- Health ins documents, including your policy or coverage information
- Disability ins documentation
- Veterans ins policy
- Any other documentation, including hospitalization
- Keep all correspondence you have had with your ins company, including letters, emails, etc.
- Medical bills
- Receipts for anything you've had to buy or fix because of your injuries
- Documentation of lost wages
- If your injuries are due to a car accident, there may be other types of documents and information you should bring to your attorney, including:
- Proof of premium payments, including statements, bills, canceled checks, receipts or anything you have to show that your insurance premium has been paid
- Information exchanged at the time of the accident, including names, contact information from the other party or witnesses or any correspondence with any of the parties after the accident
- Information you gave the police at the time of the accident, including the police report
- Traffic tickets related to the accident
- Photographs of any property damage caused by the accident
- Any statements you may have given to your insurance company or the other party's insurance company
- Medical records
- Records of any psychological/psychiatric care or treatment needed due to the accident
- Any information you may have about the other driver in the accident, pedestrians or witnesses, including name, address, phone number, make/model/color of car, license plate number, ins co, location at the time of the accident and/or description of what they saw
- Date, time, location of the accident
What Should I Expect in a Personal Injury Lawsuit?
Establishing a Personal Injury Case: In order to prevail on your personal injury claim, you must be able to prove to the court that the defendant (responsible party) is responsible for your injuries. In most cases, this is done by showing the defendant's negligence. To do this, the elements of negligence must be established based on the facts of your case. The elements of negligence are as follows:
- Duty of care – A reasonable person is held to a legally recognized duty of care. This means, a person must prevent reasonable harms to another by their actions or in-actions.
- Breach of duty – A defendant breaches this duty by failing to meet the standard of care. Based on the circumstances, this could mean a failure to warn, failure to keep the plaintiff safe or by behaving in a way (conduct) that caused the plaintiff's injury.
- Causation – Causation is often the most difficult element to prove. The defendant must have been the direct or proximate cause of the plaintiff's injuries. Generally, a “but for” test is used to show causation. The plaintiff's injuries would not have occurred if it hadn't been for the defendant's behavior (action or inaction).
- Damages – The plaintiff must show that due to the defendant's breach, he or she suffered harm and incurred loss.
Damages in a Personal Injury Case:
If each element is established in the plaintiff's case, the court may award damages for losses. Most damages awarded are compensatory in nature. They are to compensate the plaintiff for actual losses incurred or suffered. The court will consider several factors when determining the amount of compensatory damages. The factors vary depending on the specific facts of your case. I.e. pain and suffering (physical and/or emotional), lost wages, medical expenses, future medical treatment, loss of consortium, loss of household duties, loss of quality of life, disfigurement, disability and loss of parental guidance.
Furthermore, some jurisdictions may award punitive damages, in addition to compensatory damages. The judge or jury may award the plaintiff punitive damages to punish the defendant for his or her conduct. Usually, the conduct must have been especially atrocious or shocking. These type of damages are also intended to discourage others from the same behavior. The type and availability of damages may depend on the facts of your case and the applicable law in your state. A personal injury attorney, worth his salt, will be able to tell you more about damages.
Car Accident Terminology used in Personal Injury Law:
Action: Proceeding taken in a court of law. Synonymous with case, suit, lawsuit.
Additional Insured: A person other than the named insured or covered person who is protected under the named insured's auto policy.
Adjudication: A judgment or decree.
Adversary system: Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability (civil).
Affidavit: A written declaration under oath
Affirm: The assertion of an appellate court that the judgment of the lower court is correct and should stand.
Allegation: A declaration of a party to an action made in a pleading, stating what he expects to prove.
Alleged: Stated; recited; claimed; asserted; charged.
Answer: A formal response to a claim, admitting or denying the allegations in the claim.
Anti-Theft Device: Devices designed to reduce the chance an auto will be vandalized or stolen, or assist in its recovery. Includes car alarms, keyless entry, starter disablers, motion detectors, parts of the vehicle etched with the Vehicle Identification Number, and recovery systems.
Appeal: Review of a case by a higher court.
Appearance: The formal proceeding by which a defendant submits to the jurisdiction of the court.
Arbitration: The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.
Assigned Risk: A risk not ordinarily acceptable to insurers which is, according to state law, assigned to insurers participating in a plan in which the insurers agree to accept their share of these risks.
At issue: The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried.
Automobile Insurance: A form of insurance that protects against losses involving autos. Examples of coverage types include: bodily injury liability, property damage liability, medical payments, and collision and comprehensive coverage for physical damage to the insured's vehicle
Catastrophic Injuries – Catastrophic injuries are severe physical injuries that require extensive medical treatment and are often long lasting or permanent in nature. These injuries may result from any kind of accident and may affect all body systems.
Basic Limits of Liability: The least amount of liability coverage that can be purchased. In determining rates, a carrier will use the basic limits to develop the base rates. If an insured person wants higher limits, the carrier applies an increased limits factor to the base rate in calculating the new premium for the increased coverage.
Best evidence: Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary.
Bodily Injury Liability: Legal liability for causing physical injury or death to another.
Brief: A legal document, prepared by an attorney which presents the law and facts supporting his client's case
Burden of proof: Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.
Calendar: List of cases arranged for hearing in court.
Caption: The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc.
Case: Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.
Caseload: The number of cases a judge handles in a specific time period.
Cause of action: A legal claim.
Certiorari: Procedure for removing a case from a lower court or administrative agency to a higher court for review.
Challenge for cause: A request by a party that the court excuse a specific juror on the basis that the juror is biased.
Citation: Summons to appear in court. Reference to authorities in support of a legal argument.
Civil law: All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.
Claim: The assertion of a right to money or property.
Clerk of the court: An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.
Closing argument: The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
Collision Insurance: This covers loss to the insured person's own auto caused by its collision with another vehicle or object.
Code: A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority.
Commit: To lawfully send a person to prison, a reformatory or an asylum
Common law: Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called “case law.”
Comparative negligence: Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.
Competency: In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony.
Complaint: In a civil case, it is the initial document entered by the plaintiff which states the claims against the defendant.
Contempt of court: Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.
Continuance: Adjournment of the proceedings in a case from one day to another.
Corroborating evidence: Evidence supplementary to that already given and tending to strengthen or confirm it.
Costs: An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees.
Counter claim: Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff.
Court: Place where justice is administered.
Court administrator: Manager of administrative, non judicial affairs of the court.
Court commissioner: A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices.
Court of appeals: Intermediate appellate court to which most appeals are taken from superior court.
Court superior: State trial court of general jurisdiction.
Court supreme: “Court of last resort.” Highest court in the state and final appellate court.
Courts of limited jurisdiction: Includes district, municipal and police courts.
Comprehensive Coverage: Covers damage to a vehicle caused by an event other than a collision or overturn. Examples include fire, theft, vandalism, and falling objects.
Criminal law: Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.
Cross examination: The questioning of a witness by the party opposed to the one who produced the witness.
Damages: Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.
De novo: “Anew.” A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place.
Declamatory judgment: A judgment that declares the rights of the parties on a question of law.
Decree: Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final.
Deductible: The amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.
Default: A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.
Defendant: In a civil case, such as an car accident lawsuit, the defendant is the person against whom a civil action is brought.
Defense attorney: The attorney who represents the defendant.
Deposition: Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court.
Direct examination: The questioning of a witness by the party who produced the witness.
Discovery: A pretrial proceeding where a party to an action may be informed about (or “discover”) the facts known by other parties or witnesses.
Dismissal with prejudice: Dismissal of a case by a judge which bars the losing party from raising the issue again in another lawsuit.
Dismissal without prejudice: The losing party is permitted to sue again with the same cause of action.
Disposition: Determination of a charge; termination of any legal action.
Dissent: The disagreement of one or more judges of a court with the decision of the majority.
Docket: Book containing entries of all proceedings in a court.
Due process: Constitutional guarantee that an accused person receive a fair and impartial trial.
En banc “On the bench.” All judges of a court sitting together to hear a case.
Enjoin: To require a person to perform, or abstain or desist from some act.
Evidence: Any form of proof legally presented at a trial through witnesses, records, documents, etc.
Exception: A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Exhibit: Paper, document or other object received by the court as evidence during a trial or hearing.
Expert evidence: Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.
Fact-finding hearing: A proceeding where facts relevant to deciding a controversy are determined.
Fair Preponderance: Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case.
Felony: Crime of grave nature than a misdemeanor.
Fine: A sum of money imposed upon a convicted person as punishment for a criminal offense.
File: “To file” a paper is to give it to the court clerk for inclusion in the case record.
Hearing: An in-court proceeding before a judge, generally open to the public.
Hearsay: Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.
Hit and Run: An accident caused by someone who does not stop to assist or provide the required and necessary information.
Inadmissible: That which, under the established rules of evidence, cannot be admitted or received.
Induction: Writ or order by a court prohibiting a specific action from being carried out by a person or group.
Injure: Hurt or harm; violate the legal rights of another person.
Instruction: Direction given by a judge regarding the applicable law in a given case.
Interrogatories: Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.
Judgment: Final determination by a court of the rights and claims of the parties in an action.
Lapse in Coverage / Policy Lapse: A point in time when a policy has been canceled or terminated for failure to pay the premium, or when the policy contract is void for other reasons.
Lawsuit: A civil action; a court proceeding to enforce a right (rather than to convict a criminal).
Lawyer: A person licensed to practice law; other words for “lawyer” include: attorney, counsel, solicitor and barrister.
Litigant: One who is engaged in a lawsuit.
Litigation: A law suit.
Misdemeanor: Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both.
Mistrial: Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.
Mitigating circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
Motion: Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.
Moot: Unsettled; undecided. A moot point is one not settled by judicial decisions
Negligence: The absence of ordinary care.
Parties: Persons, corporations, or associations, who have commenced a law suit or who are defendants.
Personal Auto Policy: The most common auto insurance policy sold today. Often referred to as “PAP,” this policy provides coverage for liability, medical payments, uninsured/under insured motorist coverage, and physical damage protection.
Personal Injury Protection: Personal Injury Protection (PIP) usually includes benefits for medical expenses, loss of income from work, essential services, accidental death, funeral expenses, and survivor benefits.
Petition: Written application to a court requesting a remedy available under law.
Petition for review: A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals.
Perjury: Making intentionally false statements under oath. Perjury is a criminal offense.
Physical Damage: Damage to your covered vehicle from perils including (but not limited to) collision or upset with another vehicle object, fire, vandalism and theft.
Plaintiff: The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Plea: A defendant's official statement of “guilty” or “not guilty” to the charge(s) made against him.
Pleadings: Formal, written allegations by the parties of their respective claims.
Policy: The written documents of a contract for insurance between the insurance company and the insured. Such documents include forms, endorsements, riders and attachments.
Polling the jury: A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict.
Precedent: Previously decided case which is recognized as an authority for determining future cases.
Preponderance of evidence: The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
Presiding judge: Chief or administrative judge of a court.
Proceeding: Any hearing or court appearance related to the adjudication of a case.
Record: 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word written or tape recorded account of all proceedings of a trial.
Rebuttal: The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced.
Redirect examination: Follows cross examination and is carried out by the party who, first examined the witness.
Remand: To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings.
Reply: Pleading by the plaintiff in response to the defendant's written answer.
Respondent: Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case.
Restitution: Act of giving the equivalent for any loss, damage of injury.
Rests the case: When a party concludes his presentation or evidence.
Reversal: Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.
Service: Delivery of a legal document to the opposite party.
Set aside: Annul or void as in “setting aside” a judgment.
Settlement: Conclusion of a legal matter.
Settlement conference: A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial.
Soft Tissue Injuries – Soft tissue injuries may be caused from a single event or over a period of time (repetitive activity). Generally, soft tissue injuries are bruises, sprains or strains to the muscles, ligaments or tendons. Injuries to the internal organs or bones are not considered soft tissue injuries.
Statute: A law created by the Legislature.
Statute of limitations: Law which specifies the time within which parties must take judicial action to enforce their rights.
Call (503) 351-8427
Chiropractors are specialists in the treatment of auto injuries. Once it has been determined that your car accident has not caused any life threatening injuries your next call should be Back in the Game. Call our clinic line at (503) 351-8427 for a free consultation available 24 hours a day.
Chiropractic Care for Car Accident Injuries
Those aches and pains you are experiencing after your car accident, injury, or fall are an indication that the spine has suffered damage.
We understand back and neck pain can slowly rob you of your life. Our mission is simple. Provide you the very best care for your condition so you can get back to being you!
The doctors at Back in the Game have the tools to diagnose your injuries. We have ability to get x-rays, blood tests, and other diagnostic tools to locate and document the specifics of your injuries. Our patients love the personalized attention and learning how to promote healthy habits. Your attorney will be appreciative of Back in the Game's attention to detail and professional documentation.
Treating Car Accident Patients
Once we have diagnosed your injuries treatment may include chiropractic adjustments, massage therapy, rehabilitation, physiotherapy, electric stimulation, ultrasound, traction and other pain relief techniques. We have licensed massage therapists who tend to the muscular reeducation of our injured patients. Treatment is tailored specifically for you and your injuries, it is clinically supported, and best of all, it feels so good. You will leave your appointments feeling as though you were treated at a day spa and yet you will be benefiting from the expert injury care of the chiropractors at Back in the Game.
Call the DOCTOR FIRST
If you have been involved in a car accident and need treatment, Back in the Game's staff will assist you and help you with billing questions and insurance issues. In most cases your auto insurance will cover all the expense of treatment. If your policy has a deductible or co-insurance all fees will be discussed up-front with you. There are no financial surprises at Back in the Game. Please do not wait for symptoms to develop - call us @ 503-351-8427
Did you know it's the LAW your insurance company will cover any necessary treatment for auto injuries?