ABOUT SETTLEMENT AND TRIAL

MOVING TOWARD SETTLEMENT

Notice of Representation
As soon as you hire Joe, he will mail a notice of representation to the person responsible for your injury and their insurance company. From then on, the at fault party and their insurance company are prohibited from contacting you directly and you won't need to respond to or send any correspondence. Joe will handle all of the paperwork.

Reviewing Medical Treatment
Joe will likely have you sign a number of authorizations when you first retain his services.  Some of the more common releases include medical record, wage verification and income tax authorization forms. Joe needs these items so he can collect evidence from third parties and evaluate medical bills, wage loss and property damage related to your claim.

Evaluation of the Claim
Once Joe has collected and reviewed all available records, he can begin to more accurately assess your case and attempt to negotiate a settlement. Claims settle when all of the parties reach agreement on the value of the claim.

Settlement of a Claim
If your claim settles, you will need to sign a settlement agreement/release of claims form. Once the release is signed, you receive a settlement check and Joe receives his fee and gets reimbursed for any filing or processing fees that he advanced on the your behalf.

VIDEO
Should I Settle or Go to Trial
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TRIAL
STEPS IN LITIGATION (IF THE CASE FAILS TO SETTLE)

If your personal injury case fails to settle, Joe will file a lawsuit on your behalf.

Filing of the Lawsuit
Joe will file the lawsuit in the county where you were hurt. Oregon has its own statutes of limitations-laws that limit the time during which you can file a lawsuit. Oregon also has special limitations that apply to certain types of personal injury cases, such as claims against the government. Joe will be able to tell you the limitations periods applicable to your case. After Joe files the suit, he will serve the defendant with a summons and a copy of the lawsuit.  In Oregon, the defendant has 30 days to respond.

Discovery Stage
Both parties conduct their own investigation regarding the facts of the case. This process is called discovery. Discovery is a crucial aspect of your case.

Motion Disposition
Often times, the parties on each side file motions with the court of jurisdiction. Joe will brief you fully on any motions filed by the defendant or motions that he files on your behalf.

Arbitration and Mediation
Alternate dispute resolution mechanisms are often required by the Oregon Courts. Such mechanisms include arbitration and mediation. Arbitration is when the parties present their case to a neutral third-party who decides the outcome of the case. Mediation is when the parties use a neutral third party to act as a go between negotiator.

Pre-Trial
At your pre-trial conference, the trial judge will meet with both parties and review the evidence that will be presented to the jury. The judge will often put pressure on each party to settle. Personal injury cases rarely settle at this point and simply proceed to trial.

Jury Selection
Jury selection, also called voire dire, is a process where the parties' attorneys are given an opportunity to question potential jurors aimed at identifying biases. The jurors that hear your case will have a direct impact on its outcome.

Trial
When the parties cannot reach a settlement, the case goes to trial. Getting a trial date can be challenging because the courts dockets are overcrowded. The trial process is time consuming and expensive. Only a small percentage of cases go to trial and even fewer go to verdict.

Appeal
If either side is unhappy with the verdict, they may file an appeal. The appeals process is a legal practice area within itself. Joe Durkee does not handle appellate cases.

You are invited to contact Joe Durkee today for a free consultation-
Contact Joe Durkee: Phone 971.998.6790
E-mail kjdurkee@yahoo.com

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DISCLAIMER
Oregon Personal Injury Lawyer / Attorney Web sites, including this one, provide general information but do not provide Oregon Personal Injury Attorney / Lawyer legal advice.  Consult an experienced Oregon Personal Injury lawyer / attorney who handles car collision injury,injury, bike collision injury, bicycle collision injury for Oregon Personal Injury advice about specific Oregon personal injury claims or Oregon personal injury cases.  Remember that virtually all Oregon personal injury, car injury, motorcycle injury, bike injury, bicycle injury, wrongful death and premises injury claims and lawsuits are time sensitive.  So, don't delay in seeking Oregon Personal Injury Lawyer / Attorney advice by a qualified Oregon Personal Injury Lawyer / Attorney in Oregon.  Oregon Personal Injury attorneys / lawyers are governed by the Oregon Code of Professional Responsibility.  If you have been been injured in an automobile, auto, car, bike, bicycle, motorcycle, moped, bicycle or truck related collision causing injury, consider Oregon lawyer / attorney Joe Durkee.  This web site may be considered an advertisement for services under the Oregon Code of Professional Responsibility.  Mr. Durkee is an Oregon Personal Injury attorney / lawyer handling car collision, auto collision, automobile collision, motorcycle collision, moped collision, bike and bicycle collisions in Oregon land does not seek cases outside of the State of Oregon.

AREAS OF SERVICE
A
Adams, Adel, Adrian, Agness, Albany, Allegany, Aloha, Alsea, Alvadore, Amity, Antelope, Applegate, Arch Cape, Arlington, Arock, Ashland, Ashwood, Astoria, Astoria, Athena, Aumsville, Aurora, Azalea 
B
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C
Camas Valley, Camp Sherman, Canby, Cannon Beach, Cannon Beach, Canyon City, Canyonville, Cape Blanco, Carlton, Cascade Locks, Cascadia, Cave Junction, Cayuse, Cedar Hills, Cedar Mill, Central Point, Charleston, Chemult, Cheshire, Chiloquin, Christmas Valley, Clackamas, Clatskanie, Cloverdale, Coburg, Colton, Columbia City, Condon, Coos Bay, Coos Bay, Coquille, Corbett, Cornelius, Corvallis, Cottage Grove, Cottage Grove, Cove, Crabtree, Crane, Crater Lake, Crawfordsville, Crescent, Crescent Lake, Creswell, Crooked River Ranch, Culp Creek, Culver, Curtin
D
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E
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F
Fairview, Fall Creek, Falls City, Fields, Florence, Florence, Forest Grove, Fort Klamath, Fort Rock, Fossil, Foster, Fox, Frenchglen,
G
Gales Creek, Gardiner, Garibaldi, Gaston, Gates, Gearhart, Gervais, Gilchrist, Gladstone, Glendale, Gleneden Beach, Glide, Gold Beach, Gold Beach, Gold Hill, Government Camp, Grand Ronde, Grants Pass, Grass Valley, Gresham
H
Haines, Halfway , Halsey, Hammond, Happy Valley, Harbor, Harper, Harrisburg, Hebo, Helix, Heppner, Hereford, Hermiston, Hillsboro, Hines, Hood River, Hubbard, Huntington,
I
Idanha, Idleyld Park, Imbler, Imnaha, Independence, Ione, Ironside, Irrigon
J
Jacksonville, Jamieson, Jasper, Jefferson, John Day, Jordan Valley, Joseph, Junction City, Juntura
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La Grande, La Pine, Lafayette, Lake Oswego, Lakeside, Lakeview, Langlois, Lawen, Leaburg, Lebanon, Lexington, Lincoln City, Lincoln City, Logsden, Long Creek, Lorane, Lostine, Lowell, Lyons
M
Madras, Malin, Manzanita, Mapleton, Marcola, Marion, Marylhurst, Maupin, McKenzie River Valley, McMinnville, Meacham, Medford, Mehama, Merlin, Merrill, Midland, Mill City, Milton-Freewater, Milwaukie, Mitchell, Molalla, Monitor, Monmouth, Monroe, Monument, Moro, Mosier, Mount Angel, Mount Hood, Mount Hood Parkdale, Mount Vernon, Mulino, Murphy, Myrtle Creek, Myrtle Point
N
Nehalem, Neotsu, Neskowin, Netarts, New Pine Creek, Newberg, Newport, Newport, North Bend, North Plains, North Powder, Norway, Noti, Nyssa
O
Oak Grove, Oakland, Oakridge, O'Brien, Oceanside, Odell, Ontario, Ophir, Oregon City, Oretech, Otis, Otter Rock, Oxbow
P
Pacific City,  Paisley, Paulina, Pendleton, Philomath, Phoenix, Pilot Rock, Pistol River, Pleasant Hill, Plush, Port Astoria, Port Orford, Portland, Post, Powell Butte, Powers, Prairie City, Princeton, Prineville, Prospect
R
Rainier, Redmond, Reedsport, Remote, Rhododendron, Richland, Rickreall, Riddle, Riley, Ritter, Riverside, Rockaway Beach, Rockaway Beach, Rogue River, Rose Lodge, Roseburg, Rowena, Rufus
S
Saginaw, Saint Benedict, Saint Helens, Saint Paul, Salem, Salem, Salem, Sandy, Sauvie's Island, Scappoose,  Scholls, Scio, Scotts Mills, Scottsburg, Seal Rock, Seaside, Seaside, Selma, Seneca, Shady Cove, Shaniko, Shedd, Sheridan, Sherwood, Siletz, Silver Lake, Silverton, Sisters, Sixes, South Beach, Sprague River, Spray, Springfield, Stanfield, Stayton, Sublimity, Summer Lake, Summerville, Sumpter, Sunriver, Sutherlin, Sweet Home, Swisshome
T
Talent, Tangent, Tenmile, Terrebonne, The Dalles, Thurston, Tidewater, Tigard, Tillamook, Tillamook, Tiller, Timber, Timberline Lodge, Toledo, Tolovana Park, Trail, Troutdale, Tualatin, Turner, Tygh Valley
U
Ukiah, Umatilla, Umpqua, Union, Unity
V
Vale, Veneta, Vernonia, Vida
W
Waldport, Wallowa, Walterville, Walton, Wamic, Warm Springs, Warren, Warrenton, Wasco, Wedderburn, Welches, West Linn, West Main, West Stayton, Westfall, Westfir, Westlake, Weston, Westport, Wheeler, White City, Wilbur, Wilderville, Willamina, Williams, Wilsonville, Winchester, Winchester Bay, Winston, Wolf Creek, Woodburn
Y
Yachats, Yamhill, Yoncalla

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