Q: If I wasn't wearing a seat-belt when another car side-swiped me, does that mean I can't win a lawsuit for medical bills?
A: Not quite, but it reduces how much you can get: https://www.oregonlaws.org/ors/31.760
A:
Assuming this happened in Oregon, Oregon law provides that you can't get the damage component which is known as pain and suffering. You can absolutely still sue for actual monetary damages which would be medical bills past and future, and property damages. The problem that this law creates is that without the pain and suffering component there is less money to collect from which an Attorney hired to help you could get paid from. This may make it difficult to get legal assistance but not impossible.
Another statute in Oregon requires the insurer for the other driver to promptly offer you damages for your vehicle to the extent they think they owe you. You can accept what they offer and not sign a release so you don't waive your rights to get any balance they owe you if the offer is not adequate. But you must be sure not to sign a release.
Then if the net damages still owed to you are $10,000 or less, there is a nifty statute, ORS 20.080 which creates a penalty of Attorney's Fees if they don't respond to a demand for $10,000 or less with a fair offer. So the possibility of being able to get Attorney Fees for this type of case will be an incentive for a lawyer to help you.
Whatever the facts of your case are, you don't risk anything if you want to call around and ask a PI Attorney for help. Most PI Attorneys will offer some initial guidance without charging you.
A: No. Contact a member of the Oregon Assn for Justice in the county where the crash happened. They give free consults.
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