Seattle Personal Injury Lawyer

Valuing the Lives of the Elderly

Michael Myers — Sun, 10 Jan 2010 12:09:47 GMT

The Kent Reporter carried a story yesterday that raised an important issue: how much are the lives of our parents, grandparents and great grandparents worth in a court of law?

A 97-year-old Renton woman died Thursday from injuries suffered in a two-car accident earlier in the day at the intersection of Southeast 200th Street and the Benson Highway in the Panther Lake area of unincorporated Kent.

We're living and remaining active longer than previous generations. And we're driving into our 70s, 80s and 90s. Statistically, that means that more and more personal injury and wrongful death cases are going to involve older persons.

Since most older persons aren't working, lost wages (and arguing impaired earning capacity) are not available components of damages. The focus needs to be on medical expenses, pain, loss of enjoyment of life, disability and disfigurement.

While rarely explicitly stated, insurance companies and defense attorneys take the position that older persons have lived the best years of their lives and really don't have a lot left to lose. This bias--which is also present in some juries--needs to be overcome in order to get full and fair value for cases involving older citizens.

Originally posted at InjuryBoard by Michael Myers

When is it Time to File Suit

Michael Myers — Mon, 28 Dec 2009 13:38:13 GMT

We typically "start" cases by sending a demand letter. The content and tone of the response helps predict whether the case can be settled or it will be necessary to file suit.

When an insurer offers to settle for medical expenses and a token amount for pain and suffering (also known as general damages) it makes sense to file suit.

Initiating a lawsuit generates both rights and responibilities. For instance, once a lawsuit is filed, the injured person can find out how much insurance coverage the at-fault driver carried. But by the same token, the at-fault driver can now request and obtain the injured person's medical records (not just related to the injury at issue, but for a period of five or even ten years).

Frequently new adjusters are assigned after suit is filed. Sometimes if negotiations hit a dead-end with the original adjuster, it makes sense to file suit to see if a new adjuster is assigned.

The abiliity and willingness to file suit is an essential "tool" in the context of resolving personal injury claims. It's important that both you and your attorney are committed to the process. Otherwise you may not receive full value for your claims.

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

More Hit and Run Collisions...This Time Bike Versus Pedestrian

Michael Myers — Wed, 25 Nov 2009 08:59:11 GMT

One of the attorneys in our office rides his bike to work every day. He doesn't own a car. He has some pretty strong opinions about Seattle drives (especially bus drivers).

But drivers aren't the only ones charged with obeying the traffic laws. Bicyclists have to follow them too.

King-5 News recently reported about a six year-old Seattle boy is home who may require reconstructive surgery after being struck by a hit and run bicyclist.

Noni Echo-Hawk-Lopez is a reserved boy to begin with, his parents said, but now he's not even allowed to talk because of a fractured and swollen jaw.

Doctors at Harborview Medical Center "had to completely wire his jaw shut," said his mother, Abigail Echo-Hawk.

Fortunately in this case the bicyclist was detained by witnesses before he could get away.

I'm unaware of any insurance companies that sell liability policies for bicyclists (the same way liability policies are sold for motor vehicles). But there are two valuable sources of insurance coverage if you're injured by a bicyclist: renters and homeowners insurance. Both cover negligent acts by an insured and it may well be that the rider who injured Noni lives in a home, condo or apartment where there is coverage.

Originally posted at InjuryBoard by Michael Myers

Kitsap Naval Base Injury Highlights Safety Issues

Michael Myers — Wed, 25 Nov 2009 08:27:59 GMT

Almost all construction site injuries are preventable. The Washington Department of Labor and Industries has promulgated an extensive and detailed set of rules regarding construction site safety. Contractors who follow these rules have few if any injured workers. Those who don't have significantly more on the job injuries.

KOMO News reported this morning that:

[A] 24-year-old contractor for Tutor-Saliba was working with a team moving concrete pylons when she somehow got trapped by one of them, injuring her legs, said a shipyard spokesperson.

The general contractor on a construction site is responsible for making sure that its workers are safe and that the workers of its subcontractors are safe. While the workers compensation statute limits claims that workers can bring directly against their employers, employees of subcontractors have the right to sue general contractors for failing to follow safety guidelines and provide a safe workplace.

There are numerous regulations in the Washington Administrative Code designed to prevent crush injuries. It is unclear whether they were followed at the Kitsap Naval Base.

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

Cruise Ships--The H2 of the Sea

Michael Myers — Sun, 21 Jun 2009 13:08:11 GMT

There's a close relationship between boats and the environment. Marketing materials--particularly for cruise ships--show vessels in pristine blue waters with fish whales and dolphins in close proximity.

The New York Times ran an article this weekend regarding the damage cruise ships do to our oceans and coasts.

Cruise ships emit nearly twice as much carbon dioxide as airplanes. They pollute far more--per passenger, per mile--than airplanes.

According to environmentalists, carbon dioxide emissions are just a drop in the ocean when it comes to eco problems on luxury liners. Most ships run on so-called bunker fuel, the cheapest and dirtiest fuel oil, which not only powers the vessel, but also all the amenities on board: restaurants, swimming pools and nightclubs among them.

The Article indicates one-week voyage on a large ship is estimated to produce 210,000 gallons of sewage, a million gallons of gray water (runoff from sinks, baths, showers, laundry and galleys), 25,000 gallons of oily bilge water, 11,550 gallons of sewage sludge and more than 130 gallons of hazardous wastes.

I saw a bumper sticker the other day. It read: Your Hummer Looks Stupid. The cruise lines need to clean up their acts. If they don't I hope the weight of social pressure makes cruising as unacceptable as rolling in a big black H2 through the middle of Fremont.

On a one to one basis, cruise ships are going to pollute more than jet skis or Zodiacs. But the same concerns apply. We should make sure that we're smart about fuel consumption and waste when we're on the water. Boating safety means more than preventing personal injury or drowning. It also means not injuring the environment.

Originally posted at InjuryBoard by Michael Myers

Holland America's Medical Personnel--Health Care Providers or Investigators?

Michael Myers — Mon, 15 Jun 2009 13:46:00 GMT

I’ve blogged about Holland America’s responsibility for the health care provided on board its ships. This blog is a little bit different.

I think everyone would agree that curative treatment should be a health care providers’ top priority. But review of the records in numerous Holland America cases suggests that health care providers on board Holland American vessels place equal emphasis on documenting facts that give Holland America a leg up on the passenger should the passenger file a claim.

Holland America providers also appear to be the first-line of the carrier’s risk management program. Not only are medical records peppered with comments designed to assist Holland America in subsequent litigation, but they also include assessments of whether the customer’s pain, disappointment of being injured, etc. will turn into an actual claim or lawsuit. For instance, it’s not uncommon to find in either medical records produced by the ship’s doctor or one of its nurses indicating that the patient has not mentioned “claim” or “suit” yet but that follow up with the passenger might be appropriate.

It seems only fair if Holland America is going to treat its medical personnel as independent contractors and disclaim liability for their negligence that they should in fact be true independent contractors and that medical records developed on board the vessel should not be available to Holland America except through discovery.

Originally posted at InjuryBoard by Michael Myers

Slip and Falls: Not Just in the Produce Aisle

Michael Myers — Thu, 11 Jun 2009 12:51:47 GMT

Slip and fall accidents are among the most common causes of injuries on boats. Decks are made of fiberglass, wood, or steel. All can be slippery. Water, grease, scales and fish oil are just some of the factors that contribute to the equation.

Oftentimes variations of fiberglass, wood, or steel are used on walking surfaces in an apparent effort to make slip and falls less likely. However, appearances can be deceptive.

For instance, a material generically referred to as diamond plate is used in many maritime applications. Diamond plate gives the appearance of providing traction, but it typically does not (though there are certain kinds of diamond plates that do actually provide adequate traction even in marine environments).

Traction is technically referred to as the coefficient of friction. Coefficient of friction should be over .5 to ensure user safety. Measuring the coefficient of friction in a marine environment requires special testing with a device called a Tribometer. Care should be taken to test the coefficient of friction and actual conditions. For instance, to be tested on a fishing vessel should be tested with water and/or fish oil on the walking surface since those are ingredients that will most likely be present when the boat is being used.

Boating safety involves not only keeping the vessel afloat and avoiding collisions with other boats but also ensuring user safety when it comes to issues like slip and falls as well.

Originally posted at InjuryBoard by Michael Myers

Boating Safety and Life Jackets

Michael Myers — Wed, 03 Jun 2009 14:45:40 GMT

Boating safety is an important topic in the Pacific Northwest. There are more boats per capita here than any other part of the country. And with opening day having come and gone and unexpectedly great weather this June virtually everyone - whether they have a boat or not - wants to be on the water. That's why I’m focusing on boating safety this month.

Boating safety a number of forms. It can be organized by type of vessel (personal watercraft, commercial fishing vessel, pleasure boat, cruise ship, etc.) or organized by type of hazards (drowning, injury by machinery, collision between vessels, etc.).

But I’m not going to be too systematic. Instead I’m going to blog about what’s in the news and happening in our practice.

The first topic this month involves lifejackets. All vessel owners should carry enough lifejackets so that everyone on the boat has one. Not only should they carry lifejackets but they should make sure that they're properly sized for the occupants of the vessel and that everyone knows both where they're located and how to properly put them on.

This is not only a good idea, it's also prescribed by law.

All vessels must be equipped with U.S. Coast Guard–approved life jackets called personal flotation devices (PFDs). The quantity and type depends on the length of your vessel and the number of people on board and/or being towed. Each PFD must be in good condition, be the proper size for the intended wearer, and very importantly, be readily accessible! Readily accessible means you must be able to put the PFD on in a reasonable amount of time in an emergency (vessel sinking, on fire, etc.). PFDs should not be stowed in plastic bags or in locked or closed compartments, and they should not have other gear stowed on top of them.

Not only can a vessel owner be fined for not carrying the proper number of lifejackets, the vessel owner can also be sued for either personal injury or wrongful death if one of his or her passengers suffers injuries or dies because they didn't have a lifejacket or didn't know where the lifejackets were on the boat. Carrying the proper number of lifejackets and going through a basic orientation procedure with passengers is not only common sense it's the only real way to comply both with boating safety laws and limiting exposure for personal injury or wrongful death lawsuits.

Originally posted at InjuryBoard by Michael Myers