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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
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
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
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
