A Portland, Oregon man who was injured while riding his motorcycle near La Pine, Oregon accepted a $1.5 Million "policy limits" settlement. The man was hit when a car tried to turn left across the motorcyclists lane of travel when it was not clear to do so. The motorcyclist suffered a significant lower leg injury which ultimately required a below-knee amputation.
The case was complicated by the fact that the motorcyclist did not have insurance on his motorcycle. In Oregon, a driver without insurance is prohibited from collecting non-economic ("pain and suffering") damages. This greatly limited the potential recovery. The motorcyclist hired Chad Stavley to handle his central Oregon motorcycle crash case. Chad worked with a prosthetist and a life care planner to maximize all of the motorcyclist's economic damages including future medical expenses and prosthetic needs.
When it became apparent tot he defense that Chad would be able to exceed their $1.5 Million policy limits with only economic damages, the defense relented and offered to pay their limits.
Then Chad set out to work trying to reduce a very large medical lien that was subject to federal ERISA law and therefore not waivable under Oregon's "made whole" rule. Notwithstanding the ERISA plan language regarding subrogation, Chad was able to reduce the lien by more than 80%.
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