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False Assumption - 5. My injuries are not that bad
My injuries are not that bad and will probably just go away with time. Do not assume that pain will just go away. In my experience as a personal injury attorney for more than 16 years, if your condition has not improved substantially in about one (1)…
Published Saturday, July 21, 2007

Is a house always an asset?
Your house technically is not an asset if indeed you owe more than what it would bring on the open market. I would consider an asset to be anything of value you have that is not encumbered by debt. In order to find out what your net worth to be, you…
Published Wednesday, April 20, 2011

In California, what is the length of time for a medical malpractice statute of limitations?
The statute of limitations in California remained at one year for medical malpractice, even though other causes of action for personal injury were recently amended to two years. There are exceptions however if you’ve continued to treat with the…
Published Friday, April 22, 2011

Work-Product Privilege extended to PIP IME
Under the Harris v. Drake case, the court dealt with the question whether the independent medical exam (IME) doctor who performed an exam based on PIP coverage was work-product of that patient’s insurance company. The court said the opposing…
Published Monday, January 21, 2013

After a car accident, getting your bills paid
Car accidents injuries can be debilitating for any person. However, when medical bills are stacking up, you expect your auto insurance company to help you. In the state of Washington, most people injured in an accident have personal injury protection or…
Published Saturday, July 14, 2007

Assumption of the Risk - Recent California case
Assumption of Risk – is an affirmative defense used by a defendant to prevent a personal injury claim. Recently, during an NFL football game, Sal Alosi, a strength and conditioning coach for the New York Jets, stuck his knee out during a play and…
Published Wednesday, January 05, 2011

Assumption of Risk – Barring of Plaintiff’s Case
Assumption of Risk – Barring of Plaintiff’s Case Washington Pattern Instruction 13.03 is a complete defense to a plaintiff’s case if properly proved by the defendant. Assumption of risk as a defense has survived the adoption of contributory negligence…
Published Thursday, February 23, 2017

Degree of Contributory Negligence
Determining the Degree of Contributory Negligence. Washington Pattern Instruction (WPI) 11.07 states the following: “If you find contributory negligence, you must determine the degree of negligence, expressed as a percentage, attributable to the person…
Published Tuesday, November 15, 2016

False Assumption - 9. My neighbor settled her own claim
My neighbor settled her own claim and obtained a good settlement. Many individuals think that perhaps a friend or relative can assist in the settlement of their personal injury claim. Maybe your loved one believes they successfully settled a claim…
Published Tuesday, July 24, 2007

What to Do Immediately Following an Auto Accident
I thought it would be fitting to compile a “What to Do Immediately Following an Auto Accident” list, based upon frequently asked questions. Often when suffering from shock or experiencing a rush of adrenaline from injuries which can stem from…
Published Monday, January 25, 2016

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