Washington Injury Lawyer Blog

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.

Posted by John Williams | Permalink | Email This Post

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.

Posted by John Williams | Permalink | Email This Post

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.

Posted by John Williams | Permalink | Email This Post

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.

Posted by John Williams | Permalink | Email This Post

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.

Posted by John Williams | Permalink | Email This Post

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.

Posted by John Williams | Permalink | Email This Post

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 33% 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.

Posted by John Williams | Permalink | Email This Post

Posted In: Attorney Fees

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Most people are aware that pit bulls are a dangerous breed, but persoanally, I would rather be bitten by a pit bull than a Caucasian Shepherd. Admittedly, I knew nothing about this breed until after a client was recently involved in a very severe and vicious attack in the Seattle/Everett area.

Caucasian Shepherds are also known as Kavkazskaya Ovcharka and Caucasian Mountain Dog/Sheepdog among other names. This breed is one of the oldest in the world and originally worked protecting livestock on the slopes of the Caucasus Mountains in Russia and Georgia. They are very aggressive and very protective. These dogs were used by the East Germans to guard the Berlin wall and also guard against their own citizens attempting flee.

The Caucasian Shepherd has a vicious temperment, is very powerful and massive, a deadly combination if you are on the receiving end of an attack. Because they are so protective, they will not obey anyone they do not believe are superior to themselves. Usually they will only obey their master. Remember, that regardless of the breed, exercise great caution around dogs that you are not familiar with. A dog bite is a very painful injury, and is usually comprised of not only bite wounds, but very severe tear wounds as well. Knowledge is one of the keys to avoiding this terrible situation.

Posted by John Williams | Permalink | Email This Post

Posted In: Dog Bite Injuries

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So let's say you're driving into Seattle and unfortunately someone behind you is paying more attention to their Blackberry than driving, and rearends you. You're injured and need medical care, but at least you have Personal Injury Protection (PIP) which will take care of your medical bills. Did you know that in some circumstances you have to reimburse your insurance company for any payments made under PIP coverage? That's right, you pay them a premium, they provide PIP coverage, and then you pay it back.

Ok, it sounds a little counter-intuitive, but it really does make sense. Lets take a couple different senarios. Number 1 - You are injured in a car accident, you use your PIP coverage to pay for your medical care and you do not pursue a claim against the other driver. Maybe you don't want to. or perhaps the accident was your fault. In this senario, you do not have to reimburse your insurance company because you did not receive a settlement from another party. To put it another way, your insurance company does not have a right of subrogation (right of reimbursement) in this case. Lets look at senario Number 2 - You are in a car accident, it's not your fault, you are injured and use your PIP for your medical care. You then settle your claim against the at fault driver. Your insurance company will have a right of subrogation.

Continue reading "What's Subrogation?" »

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance

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For years now I have been trying to convince people to keep a camera in their car. If you come across something scenic or interesting in Seattle or Everett, you can take a picture, but more importantly, if you are in an accident you can document the scene. When I first started telling people to keep a camera in their car, I'm sure some people thought I was crazy. To some extent, I thought it may be a bit much. But now, more and more of my clients are coming to me with pictures in hand of the scene of the accident! Sometimes they use a camera, but often they simply use their cell phone camera.

So what's so great about pictures of the accident scene or damage to the car? Well, without photos, we have to rely on either a police report diagram, statements of the each driver and/or eyewitnesses, if any. Unfortuantely, eye witness testimony is generally not very credible or accurate, and while police officers do a great job, there are certainly times when the police report and diagram miss the mark. And perhaps the most important reason to document the scene of the accident with photos, is that the at fault driver often times leaves the scene and magically creates new facts so he or she isn't at fault. This is just an unfortunate bit of reality.

So, keep a camera with you and protect yourself. Consider it insurance against changing stories and facts.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents

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Yet another pit bull attack in Seattle. According to the Seattletimes.com, 71 year old Huong Le was severely attacked and mauled by two pit bulls when she was just feet from her SeaTac home where she works as live-in caregiver. Le spent more than 10 hours in surgery Monday at the trauma center at Harborview Medical Center, where surgeons worked to preserve her hearing and reattach her ears, both of which had been ripped from her head. Her jaw was broken and her right arm and wrist were crushed beyond complete repair.

Both of the pit bulls had to be shot by deputies in order to save Le. The owner of the pit bulls also owned two other pit bulls which were seized. This is a very sad, but at the same time, infuriating situation. While I don't want to stereotype the breed, at least 95% of the dog bite cases I have ever handled have involved pit bulls. This isn't a coincidence. All of these savage attacks have occurred because the owners were completely irresponsible and likely just didn't care that their dog(s) could severely injury or kill a person. These dogs have to be kept in a very secure enclosure.

Last Friday in Moses Lake, a pit bull (imagine that), pushed open a gate to get to Alex Medina. Alex by the way, is 6 years old. Alex was bitten on the face and head before the pit bull was pulled off. Doctors reattached his nose and ears, but he still faces more surgeries. The dog was not licensed and the owner had no record of rabies vaccine.

Continue reading "More Seattle Pit Bull Attacks" »

Posted by John Williams | Permalink | Email This Post

Posted In: Dog Bite Injuries

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We all know that Seattle is a dangerous place to drive a car, or especially be a pedestrian. While Washington's new cell phone law is a start, a very SMALL and almost useless start in my opinion, there are still many distracted driver's out there that don't see other cars, trucks or pedestrians. And if you drive a motorcycle, you probably feel that there is some cloaking shield around you that makes you and your motorcycle invisible! If driver's can't "see" a SUV, they certainly won't see you on your bike.

Ok, so now your motorcycle is a total loss and you have severe injuries and can't work. So how do you pay for your medical bills? If you are in your car, you simply use your personal injury protection (which everyone should have) to pay for your medical bills. But unfortunately, you discover that you do not have PIP coverage on your motorcycle, since no insurance company offers that coverage for motorcycles. While I haven't researched the reason for this, I would guess that the number of severe injuries is significantly higher than for cars and trucks. In addition, while Washington state law requires that PIP coverage be offered on car and truck policies, it is not mandated for motorcycle policies. The backup to PIP coverage is your own health insurance, but if you are among the many uninsured in the state, you could be in real trouble.

Many people are under the impression that the at-fault driver's insurance will take care of your medical bills. While this is technically true, they will not pay for your medical bills as you incur them like PIP or health insurance. Through settlement or a verdict, your medical bills will be reimbursed, but that could be 1, 2 or 3 years down the road. If you ride a motorcycle and do not have private health insurance, I would encourage you to take another look at your transportation options.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance , Motorcycle Accidents

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