Legal Question in Personal Injury in Oregon

Settle or Sue?

I was injured in an auto accident (rear-ended) in June of 2000. My lawyer says that the statute of limitations is almost up, 2 years. He says that we need to settle this case but I am still hurting every single day!!! He says that we can file a lawsuit but that would take a lot of money. My doctor says that the injuries I have could take 5-10 years to completely heal. I have been through numerous types of therapy and nothing helps. I don't know what to do. I am so depressed because I am missing out on many of the things that I want to do with my young children... Please help!


Asked on 3/01/02, 3:17 am

2 Answers from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Settle or Sue?

Hello. You're in a common dilemma faced by accident victims. Your lawyer is correct, that under ordinary circumstances, the statute of limitations is two years on Oregon for most negligence actions. The issues for you are more FACT oriented than LAW -- in other words, you need to find out from your doc (and your lawyer does, too) exactly what's WRONG with you, from the accident. Unfortunately, it's very difficult to give you more detailed advice, since every case is different. I'd have to ask many questions in order to do that.

I suggest you consult another personal injury lawyer in your area, for a second opinion. Better yet: If you're confused about what to do next, why not make another appointment with YOUR lawyer, and tell him or her how you feel? Write down some of your questions ahead of time, so you'll remember. THEN, if that doesn't work, go get a second opinion from a reputable personal injury lawyer. Good luck to you!

Sam Hochberg

Attorney at Law

Read more
Answered on 3/01/02, 3:32 am
J. William Savage Rieke & Savage, P.C.

Re: Settle or Sue?

You don't have to settle if you don't want to. It sounds like you need to file a lawsuit. Filing is the ONLY way to stop the statute of limitations. I don't know anything about the value of your case. However, pain for 2 years after the accident can be and usually is a serious condition. You can get another lawyer if you want to. It sounds like whether you call me or someone else, you should not continue with the lawyer that you have. If you want to read about my law firm, you can go to www.savagelawyer.com.

Remember, YOU are in control of your case, not your lawyer. He/she is to give you advice (hopefully good advice), but the decision to settle is yours. Good luck.

Read more
Answered on 3/01/02, 10:14 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Oregon