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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

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

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

Injuries in Motor Vehicle Collisions
When you have been injured through no fault of you own, what signifies a significant injury from an insignificant one? Certainly, pain is an indicator but a physician is likely to downplay its significance unless it progresses for some time. Also…
Published Saturday, June 30, 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

Washington Public Policy Encourages Broad Insurance Coverage for Injured Persons
In insurance policy disputes, the court will look to insurance policy, to determine if the policy has the proper phrases and blank which allow the insurance company and the insured to understand their rights and responsibilities Before an accident…
Published Thursday, January 04, 2018

Insurer's Failure to Act in Good Faith- Burden of Proof
Insurer’s Failure to Act in Good Faith - Burden of Proof Washington Pattern Instruction 320.01 states the following: “the plaintiff has the burden of proving each of the following propositions: 1 – That the insurer failed to act in good faith in…
Published Tuesday, March 14, 2017

The Duty of One Confronted by an Emergency
Washington Pattern Instruction (WPI) 12.02 states the following: “A person who is suddenly confronted by an emergency through no negligence of his or her own and who is compelled to decide instantly how to avoid injury and who makes such a choice as a…
Published Tuesday, November 29, 2016

Attorney Fee provisions of RCW 4.84.250-4.84.270
Here in the State of Washington, a personal injury complaint cannot ask for a certain sum of money. However, a defendant can inquire of the Plaintiff and ask them how much in “damages” are they seeking. Revised Code of Washington (RCW)…
Published Monday, January 14, 2013

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