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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 the permanent diminution or decrease in the ability to work. It may only entail an increasing difficulty with…
Published Monday, November 27, 2017

False Assumption - 6. The insurance company for the other driver will believe me
The insurance company for the other driver will believe me when I tell them how much it hurts. Being examined by a health care provider shortly after a collision allows you to obtain some beneficial relief. At the same time, the injured person obtains…
Published Tuesday, July 24, 2007

Brain Injuries
Brain injuries are on the rise. Traumatic Brain Injuries (TBIs) or Brain Injuries are increasing due to the more resilient vehicles (cars are not incurring as much property damage) on the road today. “More than 40 percent of TBIs are the result of…
Published Wednesday, March 14, 2007

Auto Insurance – What to think about when signing up for a new policy
When signing up a client with a new insurance policy, an auto insurer must follow several steps: First, Washington state law RCW 48.22.085 requires all auto liability insurers to offer personal injury protection (PIP) to their clients. Clients do not…
Published Friday, June 05, 2015

Combining Pattern Instructions
When submitting economic and noneconomic damage instructions in a personal injury case, the jury instruction can include multiple jury instructions compiled together making it easier for the court to articulate these instructions. Washington Pattern…
Published Monday, June 26, 2017

Voluntary Intoxication and Consequences
Voluntary intoxication used as an offense sword or defensive shield. Washington Pattern Instruction (WPI) 12.01 states the following: “A person who becomes intoxicated is held to the same standard of care as one who is not so affected.” WPI 12.01. and…
Published Saturday, November 19, 2016

PIP IME's - When a medical exam is not truly objective?
When your automobile insurance company schedules you for a medical exam, often called an IME, be aware the exam will not be conducted like a typical exam performed by your physician. The IME - referring to “independent medical exam” probably…
Published Thursday, May 07, 2015

Driver's Intoxication and Passenger's Knowledge
Driver’s Intoxication and Plaintiff’s Passenger’s Knowledge Washington Pattern Instruction (WPI) 12.01.01 states the following: “If you find that: 1) A driver was intoxicated from the use of alcohol or drugs; and 2) The plaintiff voluntary rode in the…
Published Tuesday, November 22, 2016

Should a Plaintiff's Spouse Bring a Loss of Consortium Claim?
Should a Plaintiff’s Spouse Bring a Loss of Consortium Claim? Washington Pattern Instruction 32.04, the loss of consortium instruction, is based on an injury to the other spouse. But this instruction has been expanded of late to include other…
Published Tuesday, May 02, 2017

Wisdom when it comes time to settle
Following a car crash, many individuals become strapped for cash because they are out of work. They may decide to pay for items such as food, health care deductibles, etc. with a credit card, with the idea the at-fault driver’s insurance will…
Published Tuesday, November 30, 2010

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