Seattle Personal Injury Lawyer - Automobile Accidents - Most Commented

Vanessa Taylor Dies in One Car Accident

Michael Myers — Sun, 29 Oct 2006 17:00:06 GMT

A 21-year-old Oregon woman died at the scene of an early morning car crash Saturday in the 3800 block of Seabeck Highway near Calamity Lane Northwest.

Vanessa Taylor, of Milwaukie, Ore., was riding in the passenger seat of a 1989 BMW 325 just after 2 a.m. when the driver, 21-year-old Joshua Demers of Silverdale, failed to make the curve near Camp Wesley Harris and drove off the edge of the road, according to the Kitsap County Sheriff's Office.

This is a tragic situation. It would be made even more tragic if Ms. Taylor's family did not initiate a probate so that her wrongful death claim can be pursued.

Originally posted at InjuryBoard by Michael Myers

Allstate Will Not Settle Low Impact Cases for Fair Market Value

Michael Myers — Sat, 20 Sep 2008 13:39:45 GMT

We represented a smart, articulate accountant earlier this year. She was involved in a low-impact accident. Allstate insured the at-fault driver. It offered the accountant less than $1,500 despite the fact she underwent three months of physical therapy, massage and acupuncture treatments.

Before filing suit we provided Allstate evidence corroborating the accountant’s medical expenses and wage loss. Allstate refused to budge and went so far to claim that the accountant's back and neck pain was the result of a long-resolved divorce. This cynical defense—that physical pain is the result of pre-existing emotional issues—is used in many if not most cases by Allstate. Allstate also argued that it’s client, who clearly violated the right of way, was not responsible for the accident.
We arbitrated the case under King County's Mandatory Arbitration Rules. The arbitrator awarded over 30 times Allstate’s highest offer. This case reinforced our long-standing impression: Allstate is not going to offer fair market value on personal injury claims—particularly low impact claims. These cases must be litigated to conclusion.

Originally posted at InjuryBoard by Michael Myers

Centralia Crash Leaves Two Dead

Mark McLean — Tue, 07 Aug 2007 15:17:13 GMT

Two people died following a car crash near Centralia last week. Apparently, the driver was speeding, left the roadway and hit a tree, killing both himself and a passenger.

The driver of a 1990 Honda Civic, Gabriel S. Escamilla, 35, of Centralia, and passenger Candace M. Leyva, 21, were headed eastbound on Seminary Hill Road about 9:50 p.m. when the car left the roadway at Grimes Road and hit a tree. Both died at the scene.

When a passenger is injured or dies in an accident that was caused by the driver, the passenger (or her family) can pursue a claim against the driver. The claim will probably be covered under both the driver's liability insurance policy as well as the passenger's own "UIM" (under-insured motorist) insurance policy (if the driver's policy is not sufficient to cover the damages). Even if the driver has limited personal assets, the claim is still very much worth pursuing due to coverage under multiple insurance policies.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Mark McLean

It is Important to Consult an Attorney After Suffering a Traumatic Brain Injury

Michael Myers — Mon, 25 Jun 2007 11:39:10 GMT

Consultation with an attorney following any traumatic brain injuries it is important to remember reason. The first and most obvious is where there will inevitably be - legal action. Common examples where this is done is a motor vehicle accident.

In addition to circumstances where there will be a legal action there are many other reasons why it is important to consult with an attorney after suffering a brain injury. For instance, an attorney can maximize public benefits such as Social Security disability benefits. Further, they can assist with benefits available through Medicare and private health insurance, disability insurance and PIP (personal injury protection) coverage.

Like with any other profession, not all attorneys are qualified to provide this type of assistance. It is important that you make sure the attorney with whom you consult has experience handling personal injury actions involving brain injuries and also maximizing the benefits available to persons who suffered brain injuries.

Clearly, money is a concern after suffering a traumatic brain injury. However, the majority of experienced personal injury attorneys who assist people with brain injuries will not only consult with persons, but will also handle their cases on a contingent basis. The term contingency - when applied in this context - means that the attorney will represent the injured person (and their family) for a fee that is payable only when there is a recovery from the at-fault party - this means that the injured person or their family does not have to pay any money up front and in the unlikely event there is no recovery, does not have to pay any fee to the attorney.

For more information on this subject, please refer to our subject on Head and Brain Injuries.

Originally posted at InjuryBoard by Michael Myers

Talking to Juries

Michael Myers — Thu, 08 Mar 2007 09:25:50 GMT

Jury service has been described as one of the most valuable civic functions. In fact, many people think it second only to serving one's country on the battlefield.

These types of statements are made in almost every closing argument. However, they are often cloaked in archaic formality.

It's not a great strategy to Thomas Jefferson, Abraham Lincoln or other historic figures who do not necessarily have relevance to today's jurors. The better practice seems to be simply to express gratitude that six or eight or twelve or fourteen busy people have taken the time to actually sit on the jury and not manufactured excuses to avoid service.

It is also important to keep in mind that people tend to meet your expectations for them. If you let the jury know that it is your expectation that they make a decision based on the court's instructions regarding the law and the evidence they have seen rather than on the insurance company's hyperbole, it is more likely than not they will meet these expectations.

It's important to deliver these and other messages to the jury in a direct and conversational manner consistent with everyday life. Fancy speeches and foreign words are not the best tools of persuasion and usually indicate that the speaker does not really understand or believe in the subject matter.

Originally posted at InjuryBoard by Michael Myers

Women With Breast Implants and Car Accidents

Michael Myers — Mon, 09 Oct 2006 10:05:44 GMT

Women involved in motor vehicle accidents who have breast implants should request mammograms when they visit their medical providers. There is evidence that women involved in car crashes are at higher risk of having their implants rupture or leak following a collission. This type of pro-active assessment and treatment can be recovered in a personal injury action even if there isn't a rupture or leak. It makes sense to err on the side of caution.

Originally posted at InjuryBoard by Michael Myers

Woman Killed in Accident on Viaduct

Michael Myers — Tue, 03 Jan 2006 09:06:10 GMT

On Monday, January 2, 2006 Lyndsy Sansaver died after being thrown from the back seat of a blue Toyota that was involved in a single car accident on the Alaskan Way Viaduct in Seattle. Ms. Sansaver was 16 years old. The accident occurred at approximately 1:00 a.m. and closed northbound lanes on the viaduct for over five hours.

Police investigating the accident stated that the driver of the Toyota was speeding and ran into both sides of the viaduct. The driver and a female passenger sitting in the front seat sustained minor injuries. Police are investigating the driver for being under the influence of alcohol.

More information about this accident can be found at the following links: Viaduct Accident Kills Female Passenger; Teen Dies in Viaduct Wreck.

Ms. Sansaver's family has a cause of action against the driver of the Toyota. They can sue her personally and recover compensation under her underinsured motorist policy. If the driver has personal assets the family can seek them to satisfy a judgment. In any event, Ms. Sansaver's family should contact a personal injury attorney to discuss their options.

Originally posted at InjuryBoard by Michael Myers

Another Hit and Run Collision Highlights Importance of UIM Coverage

Michael Myers — Wed, 25 Nov 2009 09:22:24 GMT

Unfortunately we've had a spate of hit and run collisions in the Seattle area. This time it involved a worker just doing his job. The Seattle PI reported:

A maintenance worker was the victim of a hit-and-run in Bellevue's Hidden Valley Park area on Wednesday afternoon. Bellevue police said the victimwas blowing leaves when a car hit him and sent him flying roughly 25 feet.

Even if you don't have UIM coverage, your employer may. In this case the worker was near his work truck. It's possible that--based on his proximity to the truck--his employer's UIM coverage will apply and provide a source of compensation for his damages.

Originally posted at InjuryBoard by Michael Myers

Woman Injured In Hit-and-Run; State Patrol Seeks Info

Chrissie Cole — Tue, 27 Oct 2009 10:25:00 GMT

A Kent woman, 22, was seriously injured in a hit-and-run accident and now State Patrol is look for people that may have witnessed the accident.

Officers responded to a car vs. pedestrian report at 5:00 a.m. on Highway 515. When they arrived, the victim was found in the middle of the northbound lanes. They believe she was crossing the five-lane highway when she was struck, possibly several times, State Patrol said.

She suffered serious injuries and was taken to Harborview Medical Center in Seattle.

Detectives are asking any witnesses who have knowledge of the incident or who may have hit some debris near the 22400 block of Highway 515 around 5 a.m. to call Detective Stacy Moate at 425-401-7746.

Originally posted at InjuryBoard by Chrissie Cole

Subrogation Shouldn't Affect Settlement Decision

Michael Myers — Sat, 14 Feb 2009 15:25:55 GMT

Washington law allows persons who have been hurt to recover their medical expenses even if they didn’t pay for them. But in most cases it wouldn’t be fair to allow injured persons to keep that recovery related to medical expenses if they didn’t pay for them. So the Courts created a doctrine called subrogation.

Subrogation basically means that someone who pays an expense associated with the medical care necessitated by an accident has a right to be reimbursed if the injured person recovers that expense from the person who caused the accident. But the rule is not absolute and there are some situations where the payor (usually an insurer) doesn’t have to be repaid.

Subrogation is an issue that is likely to come up at the conclusion of a case. It shouldn’t affect the decision whether to settle the case or take it to arbitration or trial. I say that because the issue's going going to be there regardless what decision is made.

The decision whether to settle a case depends on one primary factor: will the plaintiff net more money by settling than taking the case to trial? Subrogation has no effect on that decision. The subrogation issue is the same either way. It's just like taxation. The fact that personal injury awards are not taxed should not affect the decision whether to settle the case or take it to trial.

It concerns me when injured people fret about subrogation. It suggest that they fall into that group that values their claims based on how much they owe on their truck or how much it would take to pay off the mortgage. When those issues are discussed I know that clients are focusing on the wrong issues and are not comparing settlement to the likely range of outcomes at trial.

How much weight do you think should be given to the amount the insurer has to be paid back when making the decision whether to settle?

Originally posted at InjuryBoard by Michael Myers