Factors Insurance Companies Consider When Evaluating an Oregon Personal Injury/Auto Accident Claim – Part Ten – Duties under Duress

This blog post addresses an instance in which a person recovering from injuries often works in pain. Under certain circumstances, an insurance company will consider this factor as a damage sustained by an injured claimant, and will compensate the claimant for the damage.

This damage must be clearly shown to the insurance company. Key questions are, “Is it necessary that a person perform a particular activity?” and “Does it exacerbate pain?” Answers to questions like these should be properly documented in your medical records and demand letter.

“Duties under duress” are activities that are able to be performed, and which must be performed for a person to carry on with life, but which are made more difficult than usual because of an injury and/or treatment. This includes working for pay to support oneself, but it is not limited to that. Under certain conditions, other types of activities – for example, housework — can qualify as duties under duress.

To get the full value for your personal injury claim, you must make sure these issues are documented. An experienced Oregon injury attorney can help you, activity by activity, to make a showing of duties under duress that will add value to your personal injury case. Make sure to call a personal injury attorney if you have questions on how to be treated fairly by the insurance industry.

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