Washington Injury Lawyer Blog

We all know the absurdity of not being able to mention insurance at trial, but at least a majority of perspective jurors know that the defendant wouldn't be there if he didn't have insurance. Although I'm not sure that jurors realize that defense counsel is usually a staff employee of the insurance company.

But after listening to jurors during voir dire during my last trial, and talking with them after the verdict, they really think the plaintiff was the one who decided to "go to court!". This particular plaintiff went to court because the insurance company hardly offered anything to settle the case. Then after we proceed to arbitration and get a very reasonable award, the insurance company appeals the award and we're off to a jury trial. But we can't mention settlement offers or the lack of, or that there was an arbitration and it was the multi-billion dollar insurance company that decided to "go to court". I hear jurors that have had injury claims say, "but my claim was settled, we never went to court." Well, good for you! You got lucky apparently and dealt with a reasonable insurance company. But guess what, my client didn't. She doesn't want to be here, she wanted her case settled to. But the plaintiff turns out to be the bad guy for being ostensibly greedy and taking her case to court.....

We should be able to talk about the arbitration system, and how insurance companies have completely bastardized it and made it a joke. They don't care if they are subject to some extra attorney fees sometimes, they don't care how much experts cost, they don't care about any trial costs in general. It's David vs. Goliath, and we can't talk about Goliath. There has to be some way to address these issues, and before my next trial I'll be working on that solution. I'm not sure if it's through appropriate motions in limine or voir dire questions that don't cross, but maybe skirt some fine lines.

I've never opened up a blog post to comments, but think this is a good one to start with. If anyone has any ideas on how to handle these situations, please let me know.

For months now I have been sending clients a letter warning them of the perils of using social media. Honestly, very little good can come of it. Like many things in life, words and pictures can be taken out of context. Although there are certainly things posted on Facebook where the context is very clear! What happens in Seattle, should sometimes stay in Seattle.... Regardless of whether or not a person is engaged in litigation, why in the world would you want to post so many private details for the entire world to see. I suppose there is some physiological reason for it that I'm not bright enough to figure out. Although I'm sure that John Smith's exciting night out in Everett was quite something to see....

So how do you handle an interrogatory like this one?

Within the last ten years have you created, maintained, or posted a listing in/or have an account with Facebook, LinkedIn, YouTube, Twitter, MySpace, Word Press, Blogger or any other social networking or blogging device, application, or services? If so, identify:

a) The website address;

b) Your name, email address, log-in and/or user identification for the site;

c) Your Password;

d) Any other necessary information to obtain access to the site;

e) Whether you were previously "friends" or otherwise linked to the profiles of _________ and _________; and

f) The names of any other individuals who have allowed you to access to their passwords and accounts on such websites.

ANSWER:

Ok, and the answer is...OBJECT! There is no way in hell I would provide this information short of a Judge telling me to provide it. Instead of asking for bank statements, I guess the defense is just going to ask for your online banking username and password. How arrogant must one be to send out a rog like this? (Rhetorical question...) Clearly this interrogatory is unduly burdensome and overly broad:

Objection. The request is unduly burdensome, expensive or oppressive in that it would require undue expense, investigation, research, or compilation of information in the possession of non-parties equally accessible to the parties.

I believe that the only information they should have access to is public information. If it's a public Facebook or Twitter post, go for it. They don't need you to provide it. They can go get it themselves. If they want your client's private posts, well they better have some basis as to how this information is reasonably calculated to lead to admissible evidence and isn't just an overly broad fishing expedition.

If we are going to reign in these oppressive discovery tactics, we need to take it on with full force. Don't agree to anything like this and make the defense fight for it. They can fight these little skirmishes while we win the war.

Unfortunately, this blog entry was prompted because of a current client's experience with a body shop. When your car is damaged in a crash, you get it repaired at a body shop. Sounds simple, but depending on your body shop and other factors, you could end up having a very unpleasant experience. It doesn't matter if you're in Seattle, Everett or Arlington, when it comes to body shops, there are good ones and bad ones. So it's vitally important to make sure that you choose a reputable shop that does very good work. (On a quick side note, you are under no obligation to use a shop recommended by an insurance company) The best way to locate a reputable shop is through a referral from friends and family. But even then, make sure that you like the shop. Does it look professional or is it a guy working out of his garage?

Next, if an insurance company is paying for the repairs, DO NOT sign the insurance check until your car is completely repaired and you have thoroughly inspected your car to make sure you are satisfied with the work. Only then do you sign the check and give it to the body shop. If a body shop wants you to sign the check prior to starting work, immediately go to another body shop. If you sign the check before the repairs are completed, you are at the mercy of the body shop.

(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.

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)

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.

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.

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.