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Loss of Earning Capacity
What can you recover if you cannot work up to your capabilities? Washington Pattern instruction 30.08 stands for the proposition that one’s loss of earning capacity is the inability to earn money. This is separate from “lost earnings”. Loss of earning…
Published Tuesday, May 30, 2017

What you need to prove for medical negligence claims
A former client recently asked me if she had a claim for medical malpractice. This is what i told her: It is possible there is a claim for medical negligence for the failure to provide adequate treatment for you. However, I wanted to go over some details…
Published Tuesday, July 23, 2013

Under the Influence of Alcohol or any Drug - Definition
Under the Influence of Alcohol or any Drug – Definition WPI 16.04 states the following: “A person is under the influence of alcohol or any drug if, as a result of using alcohol or any drug, the person’s ability to act as a reasonably careful person…
Published Tuesday, January 17, 2017

Getting Your Medical Bills Paid
Our clients often ask us “Who is going to pay my bills?” and we tell them, in all honesty – it depends. However, these four steps will help illuminate what happens regarding insurance billing in most cases following a motor vehicle collision. (I’m…
Published Wednesday, August 31, 2016

Loss of Use after a Collision
A client recently asked me a question regarding loss of use of his vehicle. His vehicle was damaged in a collision and the other side delayed making an offer for the use of a rental car for approximately one week. The insurance company is now offering a…
Published Friday, February 04, 2011

Look Left Last
Recently, a couple of events in my life reminded me of a driving principal – you have to “Look Left Last”. Looking left last as you enter an intersection will eliminate many potential hazards to you and your loved ones. Drivers must look to their left…
Published Thursday, September 01, 2016

Vehicles Principally Garaged definition
Some cases have articulated this to mean what was the parties intention regarding the actual location of the vehicle in the state. If the insured intends to keep the vehicle in another state during the policy period, and does keep the vehicle in another…
Published Tuesday, June 28, 2011

Recovery from One-Car Motor Vehicle Collisions
Often cars/drivers must react to the negligence of other drivers and this seems rather obvious. But, as a result of those reactions, if one crashes their car, through no fault of their own, they may make a claim for underinsured motorist coverage with…
Published Monday, December 18, 2017

7 Things To Do Following a Motor Vehicle Collision
7 things to do following a motor vehicle collision: 1.Document the collision by maintaining the information you can at the scene. a.Write down all you can as soon as possible after the crash. For example, if someone has admitted fault for the collision…
Published Tuesday, November 30, 2010

Reasonably Safe Roads for Ordinary Travel
Recently, the Washington Supreme Court provided clarification for what constitutes the extent of a municipality’s duty and the effect on legal causation. In Lowman v. Wilbur, 178 Wn.2d 165, 309 P.3d 387 (2013) the court looked at an opportunity to…
Published Thursday, September 15, 2016

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