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On the Importance of Creativity…

Posted by Bradley Thayer | Jun 23, 2020 | 0 Comments

There are often times that I marvel at just how many ways there are to get creative in what we do as personal injury attorneys.  Whether it is a matter of figuring out ways to help a jury visualize the incident, to find additional insurance to help compensate an injured person, to really flush out and properly investigate the facts and circumstances of a claim, in determining which potential parties should or should not be reimbursed and under what circumstances in trying to maximize the recovery in our clients' pockets... the list could quite literally go on for much longer than this post should be!

A few recent examples of trying to get creative include with respect to visuals include:

  • figuring out that part of a dog bite was caught on a home security camera and getting footage that will be extremely useful in illustrating for a jury just how terrifying the event was;
  • realizing that the new VINE bus stops in Clark County have incredible multi-angle video cameras and that can make all the difference in a “he said, she said” red light case in showing a jury who truly had the right of way in the intersection; and,
  • reaching out to a trucking company when we learned that the semi-truck driving in the lane adjacent to our client had a dash camera activated and captured the collision on tape.

Beyond finding visuals of the events, a civil attorney can turn to the local county court to get a criminal case file where the negligent person was pursued criminally for additional information to fully flush out the investigation, or to county animal control organizations, or state liquor control boards or licensing agencies in drunk driver dram shop cases, etc.

With respect to finding different avenues of potentially applicable insurance, some recent examples are:

  • knowing to ask the renter's liability adjuster if there is a medical payments coverage on a policy applicable to a dog bite or slip and fall on a premises to ensure there are monies to pay for treatment;
  • trying to help a person with no personal injury protection or other first party auto coverage and no health insurance figure out how they might pay their bills and talking to them about the potential availability of crime victim's compensation if they were hit by a drunk driver; and,
  • exploring in another dog bite situation—where the dog actually bit the person while in its owner's car—whether or not auto insurance would apply under those circumstances.

There are also ways to wield the law to help injured people pay back less than the full amounts paid by a health or personal injury protection insurer or not pay them back at all, depending on the circumstances. 

I will not belabor the point on how we can get creative, because frankly, us getting creative can sometimes be pretty damn boring to our average reader!

But, I think the real takeaway and point is… that this is the kind of creativity that people searching for a personal injury attorney will want to have on their side. It can make all the difference for someone who's been injured and suffered substantial damages as a result of another person's carelessness and is looking to be made whole. 

The reason we are able to get so creative at Schauermann Thayer is this is all we do, day in and day out—personal injury and wrongful death cases. We see as many different situations as we possibly can and still more new issues pop up regularly.  We relish each opportunity to get creative yet again.

About the Author

Bradley Thayer

Brad Thayer is a partner at the Schauermann Thayer firm. Brad is licensed in both Oregon and Washington. He has been practicing law since 2015. He was presented the 2018 Rising Star Award by the Clark County Bar Association. Brad's practice focuses on automobile collision, motorcycle, bicycle, pedestrian injury, dog bite, and myriad other types of injury and insurance cases. During his free time, Brad enjoys following the Portland Trail Blazers, playing basketball, going to concerts, and playing the drums. He especially enjoys hiking in the Columbia River Gorge and exploring other Northwest wonders.

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