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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

Negligence - Why it Matters in Everyday Life
Whether we are at home fixing dinner for our family, driving on the road, or sitting in class with our schoolmates, certain rules exist which provide for our well-being. Western Civilization – specifically the United States – has articulated societal…
Published Thursday, October 06, 2016

Why is Apportioning Damages Important?
Dorothy Phennah, (see Phennah v Whalen 28 Wn. App. 19 (1980)), was injured in two auto accidents about three months apart. She admittedly had a pre-existing arthritic condition and had been seeing her physician for care for this condition. In two…
Published Tuesday, October 04, 2016

Property Damage Claims - Go through your own insurance company
Our office usually does not get into claims that are merely property damage. If there is a personal injury due to the fault of someone else, we usually can assist with getting a claim settled. Thus, first, for property damage claims, I recommend to my…
Published Monday, January 07, 2013

Harper Law PLLC Values Statement
I have adopted the following statement of values as the basis for my legal practice.
Published Monday, April 25, 2016

What if the other side blames the parent for the child's injury?
What if the other side blames the parent for the child’s injury? Washington Pattern Instruction 11.04 states the following: “Negligence, if any, of a parent is not imputed or charged to his or her child.” WPI 11.04. This jury instruction…
Published Tuesday, November 08, 2016

Raise your UIM coverage for Bodily Injury as well as Property Damage
I recently ran across a case that brought to mind the need to raise your UIM coverage. In the case, a married couple was driving their valuable Mercedes Benz. They were involved in a motor vehicle collision, and the car sustained significant damage. The…
Published Thursday, January 24, 2013

Assumption of Risk - The Basics
Assumption of Risk – The Basics Washington pattern instruction 13.00 is an introduction to the defense of Assumption of Risk. This defense utilized by many defendants to counter a personal injury claim. In essence, the defendant blames the plaintiff for…
Published Monday, February 13, 2017

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