Washington Injury Lawyer Blog

You’ve done your part and obtained homeowner’s insurance coverage or renter’s insurance. So if anything ever happens you’re taken care of, right? Well, not necessarily, especially when it comes to personal property issues or questions regarding the condition of your house prior to a fire, flood or other event. Especially if your house was completely devastated by a fire.

While you may have coverage for personal property, it can become a monumental task to reconstruct all of your belongings. Maybe you have some documentation in a safe deposit box, or perhaps a retailer has information that you purchased that ring or television, but for the most part you will have to attempt to remember all of your property. At best, you may be able to remember half of what was actually lost. Think of all of the little items that you’ll forget. Maybe it’s something that was just worth a dollar, but there will be a lot of items worth a dollar, or five dollars that you will not get compensated for.

The solution? It’s easy. Videotape your house and everything in your house. I mean everything. Open drawers, open cabinets, open closets, go in the garage, leave nothing out of the video. It doesn’t have to be a masterpiece, just enough to help identify items and enough to help you itemize your property. So when you are videotaping, freely talk about what you are looking at, describe it, pick it up if necessary to get a better view. There may be some items that you want to take pictures of as well. If you own guns, they should ideally be in a fireproof safe or other safe location, and in addition to videotaping them, be sure to write down the serial numbers. If you have expensive jewelry, you may want to have it identified and appraised by a jeweler. I would suggest redoing the video every two to three years or when your personal property substantially changes.

All of the information must then be stored off site, at a relative’s house, your office etc. Not a lot of use in compiling all of this information and having it burn up in a fire. Also, as a side note, if you have important documents and/or photos on your home computer, get a back up drive and get that information backed up so it can be stored off site. Enduring a tragedy that takes your house is bad enough, don’t compound it by lack of preparation.

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Posted In: Insurance , Insurance Bad Faith

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(Continued From Part One)

I believe that most “accidents”, or better stated, most car crashes/collisions, are completely preventable. When another driver slams his car into the back of your car, was he on the phone? looking for new music on his IPod? looking at the “accident” that occurred on the other side of the road? The list goes on and on. But the link between all of these reasons, is one of conscious choice, conscious decision. The driver that slams into the back of you, that runs the red light, that turns left in front of you, all made a conscious decision to do something other than paying complete attention to their driving. If your main focus while driving, is driving, I believe that the likelihood of you being involved in a car crash which is your fault, is slim to none. And as my Father used to say, Slim has left town.

Don’t we all have a duty, a moral obligation to ensure that while we are driving, we do not engage in an activity that could possibly result in injury to fellow drivers? I think so. So the next time we hop into our cars, why don’t we do something novel here in the Puget Sound area, lets focus on driving and getting to our destination without injuring ourselves or anyone else in the process.

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Posted In: Car & Truck Accidents , Injuries To Minors and Children , Motorcycle Accidents

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Yes, I've been saying it for years, but I'm not sure why. Car "accident", truck "accident", motorcycle "accident". I think it's just learned habit, but probably not correct. Webster's Dictionary defines accident as:

Main Entry: ac·ci·dent
Pronunciation: \ˈak-sə-dənt, -ˌdent; ˈaks-dənt\
Function: noun
Etymology: Middle English, from Middle French, from Latin accident-, accidens nonessential quality, chance, from present participle of accidere to happen, from ad- + cadere to fall — more at chance
Date: 14th century
1 a : an unforeseen and unplanned event or circumstance b : lack of intention or necessity : chance (met by accident rather than by design)
2 a : an unfortunate event resulting especially from carelessness or ignorance b : an unexpected and medically important bodily event especially when injurious (a cerebrovascular accident) c : an unexpected happening causing loss or injury which is not due to any fault or misconduct on the part of the person injured but for which legal relief may be sought.

An unforeseen and unplanned event? An unfortunate event resulting from carelessness or ignorance? Maybe. An unexpected happening causing loss or injury which is not due to any fault or misconduct? I just don't think that slamming your car into the back of another car on I-5 in Seattle or Everett, is unforeseen, unplanned or not due to any fault. I suppose that's my problem with the term accident, it really infers that no one is at fault, it was just an accident. If you just slammed your car into the rear of another car, it sure sounds like you're at fault....

(Part Two to follow)

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Posted In: Car & Truck Accidents , Motorcycle Accidents

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Ok, I do roll my eyes whenever anyone starts talking about "The McDonald's Case". So far, no one has ever come close to describing the real facts. I hope the following article will help to set the case straight.

There is a lot of hype about the McDonalds' scalding coffee case. No
one is in favor of frivolous cases of outlandish results; however, it is
important to understand some points that were not reported in most of
the stories about the case. McDonalds coffee was not only hot, it was
scalding -- capable of almost instantaneous destruction of skin, flesh
and muscle. Here's the whole story.

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of
her grandson's car when she was severely burned by McDonalds' coffee in
February 1992. Liebeck, 79 at the time, ordered coffee that was served
in a Styrofoam cup at the drive-through window of a local McDonalds.

After receiving the order, the grandson pulled his car forward and
stopped momentarily so that Liebeck could add cream and sugar to her
coffee. (Critics of civil justice, who have pounced on this case, often
charge that Liebeck was driving the car or that the vehicle was in
motion when she spilled the coffee; neither is true.) Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next
to her skin. A vascular surgeon determined that Liebeck suffered full
thickness burns (or third-degree burns) over 6 percent of her body,
including her inner thighs, perineum, buttocks, and genital and groin
areas. She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.

Continue reading "The Real Facts About "The McDonald's Case"" »

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Posted In: Attorney Fees , Insurance , Products Liability

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Here's an interesting AP story which I think really shows what motivates Allstate Insurance:

NEW YORK (AP) — Allstate Corp. CEO Thomas J. Wilson received total compensation valued at $10.4 million in 2009, up about 30% from a year earlier, according to a regulatory filing.

The pay raise for Thomas Wilson came as the property and casualty insurer stanched steep investment losses to help post a profit for the full year. Wilson had earned $7 million in the previous year, according to an Associated Press analysis of a filing with the Securities and Exchange Commission.

In 2009, Wilson earned a base salary of $1.1 million, which was an increase of 6 percent. His performance-based compensation was $1.7 million, more than double the $736,261 he got in 2008.

Wilson also got stock and options worth $6.5 million when they were granted, compared with $5.2 million in 2008.

His other perks and compensation totaled $68,072 and consisted of $23,154 for personal use of a company plane and $9,800 in matching contributions to a retirement plan. The remaining $35,118 was for miscellaneous items including life insurance premiums, cell phones, tax preparation, financial planning, security, ground transportation and supplemental long-term disability coverage.

For 2009, Allstate said better risk management in its investment portfolio helped it earn $854 million, or $1.58 per share, compared with a net loss of $1.68 billion, or $3.06 per share, in 2008.

In the final quarter of 2009 alone, Allstate posted a profit of $518 million, or 96 cents per share, a great improvement over its a loss of $1.13 billion, or $2.10 per share, in the period a year earlier.

Allstate's operating income, which excludes investment gains and losses, rose 14 percent to $592 million, or $1.09 per share, versus a profit of $518 million, or 96 cents per share, a year ago.

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Posted In: Car & Truck Accidents , Insurance , Insurance Bad Faith

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You have to love those Group Health commercials touting how great it is that a patient can actually email their doctor. Traditionally, the information contained in a patients medical record was dictated by the doctor into their record as the result of a face to face consultation, or sometimes from a phone note if you called in. The information that made it into a medical record as a result of a consultation, for the most part, is usually factually correct and a true representation of what the patient told the doctor.

However, email is a different animal. How many times have you either sent, or been the recipient of an email that was interpreted differently than what the sender intended? In conversations, there is tone and inflection that allow the recipient to clearly understand your mood etc. Are you conveying that you're upset, angry, happy, sad or maybe you're throwing in a bit of sarcasm. Without tone and inflection, it's up to the recipient to fill in the missing blanks, and often they get it wrong. And then you end up attempting to explain that their interpretation isn't what you meant and that they took it completely wrong.

Now lets take those emails (or letters and diaries for that matter) that you sent into your doctor and they are now in the hands of an insurance defense lawyer because you were in an auto accident or otherwise injured due to the fault of another person. Do you think that the defense lawyer can interpret your email to suit his or her purpose? You bet they can. And then you are put in a position where it appears you are either contradicting what you wrote or trying to explain what that email really meant.

I am sure that the ability to email your doctor can be valuable, but be cautious and understand the pitfalls that can occur with that type of communication. Also, remember that this applies to not only email, but any type of written correspondence, even a diary you may keep regarding your injuries.

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Posted In: Car & Truck Accidents , Injuries To Minors and Children , Motorcycle Accidents

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If you are injured by a defective product, please be sure to save the product and not throw it away or otherwise get rid of it. This may sound like common sense, but after a person sustains a serious injury from a defective product, the last thing on their mind is essentially preserving evidence. But without the defective product, it is very difficult, and sometimes impossible to proceed with a products liability claim.

In a recent unfortunate case, a young man was severely and permanently injured by an airbag. He was a passenger in the car of a friend. Because of the severity of his injury, he and his family were focused on his car and multiple surgeries. However in the meantime and before I was contacted, his friend's car was totaled and sent off to the salvage yard. And unfortunately for his products liability claim for the defective airbag, without the car and without the airbag, there was simply no viable claim to pursue.

So with any products liability claim, please ensure that the product is saved and contact an experience products liability attorney immediately to ensure that all necessary steps are taken to preserve the claim.

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Posted In: Car & Truck Accidents , Products Liability

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So you have comprehensive coverage that provides coverage in the event your car is stolen. Your car is stolen by some juveniles that went on a long joyride until caught by police. During the course of the theft and their joyride, the engine blows and the car is now a total loss. Your insurance company simply pays you for the value of your car, right? Well, no.

Allstate Insurance insured my client for comprehensive coverage, but claimed that the real cause of the engine blowing was her failure to maintain the car. Allstate actually hired an expert to inspect the engine and miraculously come to the same determination. My client’s car did have an oil leak, but she had regular maintenance performed and ensured that the oil level was always correct. After all, the engine never blew when she was driving. In fact, she had her car serviced and the oil changed one month prior to the theft.

The Good Hands people would not budge from their completely unreasonable position, so we were forced to file a lawsuit. Copeland v. Allstate Insurance Co. The lawsuit contained numerous causes of action including bad faith and violations of the Washington Insurance Fair Claims Act. Shortly after filing the lawsuit, Allstate settled my client’s case for roughly 4 times what her actual damages. It is truly unfortunate that lawyers are necessary in order to have an insurance company provide the coverage that their insured has paid premiums for. So much for being in good hands.

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Posted In: Insurance , Insurance Bad Faith

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It's tough enough riding a motorcycle in the Seattle area and just trying to avoid being the next victim of an inattentive driver. The drivers of cars out there on cell phones or texting, well that's not a hidden danger, so what is it? It's their insurance companies and adjusters. So after you've been knocked to the pavement and your bike totaled, it just keeps getting worse. Accidents that clearly would be the other persons fault if two cars were involved, now transform because you are a motorcyclist! Insurance adjusters will do whatever they can to come up with some "comparative negligence" on your part. That essentially means that you're a percentage at fault because of x, y or z. I have seen them allege that inexperience played a role and if you were more experienced, you would have been able to avoid the accident. That's a good one they can apply to most all motorcycle accidents. They like to allege you were speeding, acting reckless, tailgating, you didn't use a signal, or you did a quick lane change and the driver didn't see you....they just keep coming.

It is always important to try and document the accident scene, but even more so if you are driving a motorcycle. Take pictures with your cell phone, ensure that the police are called and if you aren't being taken away in an ambulance, ensure that the officer clearly understands how the accident occurred. Do not assume that the other driver's story matches yours. Unfortunately, too many people get creative after they are in an accident. Be vigilant and hopefully you will never need this advice.

Whether your driving in the Seattle or Everett area, please feel free to contact me with any questions or for advice.

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Posted In: Car & Truck Accidents , Motorcycle Accidents

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Insurance agents have the remarkable ability to know very little about the product they are selling, or at the very least seem to do a poor job of explaining coverages to their customers. Yes, I know that there are good agents out there, I have one of them at PEMCO in Seattle, but unfortunately that isn't always the case. One of the biggest misconceptions is that if you are in an accident that isn't your fault, the other persons insurance company will pay for your medical expenses. Well, this is half true. When the other persons insurance company settles the claim with either you or your attorney, the settlement will include your medical expenses. But that doesn't help you if you do not have the ability to pay for necessary medical care now. So what's the answer? PIP

Personal Injury Protection (PIP) is a coverage available in Washington that insurance companies must offer you, and if you reject it, you must do so in writing. PIP is basically health insurance if you are injured in an auto accident. It will pay for your medical bills which are "reasonable, necessary and related" to injuries sustained in a car accident. PIP will also, to a limited extent, pay for lost wages and also household services.

PIP is considered a no-fault coverage which means it is available to you regardless of fault. PIP will pay for your medical bills whether or not you are at fault for an accident. Many clients have expressed to me how it seems wrong that their own insurance company should have to pay for medical treatment caused by injuries from an accident that wasn't their fault. Don't worry, your insurance company will get repaid (subrogation).

If you do not have PIP, please have it added to your policy immediately. It costs very little and is vital, especially if you do not have any health insurance. Even if you have health insurance, consider PIP since it will cover many types of care that may have limited coverage under your health insurance policy, such as chiropractic, massage and acupuncture treatment. PIP is generally available with limits of $10,000.00 or $35,000.00.

If you have any questions regarding PIP coverage or insurance coverage in general, please feel free to contact me.

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Posted In: Car & Truck Accidents , Insurance

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When you're in a car accident and you are injured by the negligence of another driver, they (or in most cases, their insurance company) will pay for all of your damages including medical bills, right? While that's technically true, this answer fails to address the complete picture.

The at-fault driver's insurance company will pay for your medical expenses, lost income, other out of pocket expenses and general damages (commonly called pain & suffering), but only as a lump sum when your case is settled or a verdict rendered. They do not act as your health insurer and pay for your medical care as you incur those costs for treatment. This is where PIP comes in. When you open a PIP claim under your own auto insurance policy, this coverage pays for your medical expenses as you incur them. Essentially, your auto insurance company acts as a health insurer for injuries related to the car accident. Your insurance company then has a right to get repaid out of your settlement with the at-fault driver.

At the conclusion of your case, we will determine the amount that your insurance company is legally entitled to receive. In most cases, this amount is less than the total amount your insurance company has paid for your medical care. We will do everything we can to ensure that you are fully compensated for all of your losses and damage resulting from the car accident.

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Posted In: Insurance

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Most of my personal injury cases are handled on a contingent fee basis. This simply means that I do not get paid unless I settle your case, or receive an arbitration award or verdict. No attorney fees will be paid if there is no recovery. Most attorneys handle personal injury cases on a contingent fee basis and charge one-third (33%) and forty percent (40%) if a lawsuit has to be filed and the case litigated. I value my services, but at the same time I realize that it was my client who was injured and who often has to deal with life changing injuries. And my fees reflect this belief, and therefore, my contingent fees for personal injury cases are 30% if a case is settled, and 37% if a lawsuit has to be filed and the case litigated.

When you are looking for a personal injury lawyer, make sure you ask the right questions about their fees, both for settlement and litigation. Also be sure to ask if they charge any "extra" costs. Some attorneys charge a rather steep flat fee for copying and other expenses.

If you have any questions, please feel free to call or email me. John@WilliamsLawPLLC.com.

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Posted In: Attorney Fees

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