Do’s and Don’ts After an Injury
Sustaining an injury, whether from a car accident, workplace incident, or a slip and fall, can be a life-altering event, and the decisions you make in the aftermath significantly impact your physical recovery, financial stability, and potential legal outcomes.
However, Oregon’s unique laws, including its no-fault insurance system for auto accidents and strict timelines for filing claims, can often complicate the recovery process. That's where assistance from an experienced attorney comes in.
At Haskett Williams Monoaghan, we are committed to helping you understand the essential dos and don’ts you should follow after an injury in Oregon to protect your health, rights, and future. Contact us today to schedule a consultation.
What to Do After an Injury in Oregon
If you've suffered an injury in Oregon due to someone else's negligence, it's important to follow the right steps to significantly improve your recovery and strengthen your case for compensation.
1. Seek Immediate Medical Attention
Your health is the top priority. Even if injuries seem minor, seek medical attention promptly. Some injuries, like concussions or internal damage, may not show immediate symptoms but can worsen without treatment.
Oregon law requires timely medical documentation to support personal injury claims, as delays can weaken your case. Visit an emergency room, urgent care, or your primary care physician, and follow their recommendations for follow-up care.
Remember to adhere strictly to your doctor’s treatment plan, including attending all scheduled appointments, taking prescribed medications as directed, and participating in physical therapy as recommended. Inconsistent treatment can be used by insurance companies to argue that your injuries are not as serious as you claim.
2. Document the Incident
Thorough documentation is critical for insurance claims or legal action. Take photos of the accident scene, your injuries, and any property damage. If possible, gather contact information from witnesses.
For example, in a car accident on I-5 in Portland, note the weather, road conditions, and traffic signals. Write down your recollection of events while details are fresh, as Oregon courts often rely on consistent narratives to establish liability. Additionally, maintain a comprehensive file of all injury-related documents, including:
Copies of the DMV and police reports
Medical records and bills
Insurance correspondences
Receipts for out-of-pocket expenses (e.g., medications, travel to appointments)
Pay stubs or tax returns to prove lost wages
A pain journal detailing your physical and emotional recovery
These records can strengthen your claim and help quantify the damages you've suffered, especially for non-economic losses like pain and suffering, which Oregon juries often award based on documented impact.
3. Report the Incident
Following the accident, notify the appropriate authorities or entities depending on the context of your injury. For car accidents, Oregon law requires you to report any incident involving injury, death, or significant property damage to the Oregon Department of Transportation (ODOT) within 72 hours. Be sure to also file a DMV accident report, even if police respond at the scene.
For workplace injuries, report the injury to your employer immediately. Oregon’s workers’ compensation system requires employers to file Form 801 within five days of notification. Similarly, for premises liability injuries (i.e., a slip and fall), inform the property owner or manager and request a written incident report.
Failure to report promptly can jeopardize your ability to claim benefits or compensation.
4. Understand Oregon Law & Filing Deadlines
Oregon is a no-fault state for car accidents, meaning your Personal Injury Protection (PIP) coverage will pay for medical expenses and lost wages up to $15,000, regardless of who is at fault for the accident.
File a PIP claim with your insurer as soon as possible. Keep detailed records of medical bills and wage losses, as PIP benefits have a one-year statute of limitations for submission.
Oregon also imposes strict deadlines for filing injury-related claims. Depending on the type of accident you were involved in, you generally have the following time frames to submit a claim:
Personal injury lawsuits: Two years from the injury date (ORS 12.110).
Workers’ compensation: Notify your employer within 90 days and file a claim within one year.
Claims against public entities: If injured by a government entity (e.g., a TriMet bus), file a tort claim notice within 180 days (ORS 30.275).
Missing these deadlines can bar you from recovering compensation. For cases involving shared fault, Oregon’s comparative negligence rule (ORS 31.600) allows you to recover damages as long as you’re less than 51% responsible for the accident.
5. Consult a Personal Injury Attorney
Oregon’s laws can be intricate and specific, so it's important to consult with an attorney who can provide the guidance and advice you need. An experienced personal injury attorney can evaluate your case, help you negotiate with insurers, and confirm compliance with Oregon deadlines.
6. Communicate Carefully With Insurers
When speaking with your insurance company or the at-fault party’s insurer, provide only factual details about the incident. Oregon insurers are required to act in good faith (ORS 746.230), but they may try to minimize payouts.
Generally, you should avoid speaking with insurance companies without an attorney present. Avoid giving recorded statements or signing settlement agreements without consulting a personal injury attorney, as early settlements often undervalue long-term costs, such as ongoing medical care.
Don’ts After an Injury in Oregon
While there are certain steps you should take after suffering an injury in Oregon, there are also specific missteps that you should avoid. These common mistakes could potentially jeopardize your health, legal rights, and available compensation.
Don’t ignore your symptoms: Ignoring pain or symptoms in hopes they’ll resolve can worsen your condition and potentially complicate your claim. Insurance adjusters and Oregon courts tend to view gaps in treatment skeptically, assuming that untreated injuries are less severe. Even if you feel fine initially, it's important to get evaluated by a medical professional as soon as possible.
Don’t post on social media: Avoid posting about your injury, recovery, or daily activities on platforms like X, Instagram, or Facebook. Insurers and defense attorneys in Oregon routinely monitor social media for evidence to dispute your claim. A photo of you hiking in the Columbia River Gorge, even if taken before the injury, could be misconstrued as proof you’re not seriously injured.
Don’t accept the first settlement offer: Insurance companies often offer quick, lowball settlements to close claims cheaply. In Oregon, accepting a settlement typically waives your right to seek additional compensation, even if your injuries worsen. A personal injury attorney can help evaluate whether the offer covers future medical costs, lost earning capacity, and non-economic damages.
Don’t lie or exaggerate: Be honest about your injuries and their impact. Exaggerating symptoms or fabricating details can destroy your credibility in Oregon courts, where judges and juries value consistency. If discrepancies arise (e.g., between your testimony and medical records), insurers may deny your claim or reduce your award.
Don’t delay legal action: Oregon’s statutes of limitations are unforgiving. Waiting too long to consult a personal injury attorney or file a claim can leave you without recourse. Delays also risk losing evidence, as witnesses may move or physical evidence (e.g., skid marks) may disappear.
Don’t sign documents without reviewing them: Never sign releases, medical authorizations, or settlement agreements without understanding their implications. Insurers may request broad access to your medical history, including unrelated conditions, to find reasons to deny your claim. An Oregon attorney can review documents to protect your privacy and interests.
Don’t neglect workers’ compensation rules: If you're injured at work, don’t seek treatment without notifying your employer. Unauthorized medical care may not be covered, and failing to file Form 801 promptly can result in delayed or denied benefits. Similarly, don’t return to work prematurely against medical advice, as this could aggravate your injury and reduce your claim’s value.
Don’t assume fault: Oregon’s comparative negligence law means you can recover damages even if partially at fault, as long as your responsibility is 50% or less. However, don’t assume you don't have a case because you made a mistake (e.g., jaywalking when hit by a car). A personal injury attorney can help you assess fault and fight for your share of compensation.
Contact a Personal Injury Attorney
Traversing the aftermath of an injury in Oregon requires a balance of proactive steps and cautious restraint. By seeking prompt medical care, documenting the incident and its resulting injuries, and consulting an attorney, you can better protect both your health and your legal rights.
However, it's equally important to avoid common pitfalls, such as sharing posts on social media, accepting premature settlements, or missing deadlines. If you or someone you know has been injured, contact us at Haskett Williams Monaghan today. Located in Bend, Oregon, we serve the surrounding areas of Redmond, Sun River, Prineville, and Sisters.