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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

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

Family Car - Liability issues
Many parents ask me this question: “Am I responsible for any injuries which result from my son or daughter crashing the family car? This is a common question and often causes many gray hairs for parents. The answer is “yes” for most of…
Published Tuesday, October 06, 2009

Recent Washington case reviews Assumption of Risk
Assumption of Risk – The State of Washington follows the common law more closely than California as a complete defense to a personal injury claim. Assumption of risk is defined as a plaintiff’s voluntary choice to encounter a known risk. In…
Published Thursday, January 06, 2011

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

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

Auto Accident - Frequently Asked Questions
Auto Accident Injuries which stem from accidents occurring on streets or highways require one to make decisions often when one is suffering from shock or experiencing a rush of adrenaline. Be prepared for long-lasting effects from a collision. The…
Published Monday, August 18, 2008

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

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

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

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