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Personal Injury Law

Seattle Personal Injury Lawyer

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Last Entry: May 22, 2010 at 09:43:28

Positively False?A Million Little Pieces (Class Action) Redux

Posted on May 22, 2010
We sued James Frey and Random House for falsely promoting A Million Little Pieces as an accurate account of Mr. Frey's trials and tribulations with drugs and alcohol. The lawsuit generated refunds for people who purchased the book and—we thought—taught the publishing industry something about due diligence and the consequences of turning a blind eye to author's opportunistic use the 'non-fiction' label...

Rogue Waves: Cruise Lines Claim "Act of God" to Avoid Responsibility

Posted on March 15, 2010
The term "Rogue Wave" was thrown around a lot last week after waves smashed into the Louis Majesty, breaking glass and window frames. However, real "rogue" waves are actually very rare. According to a wired.com article: To officially be rogue, the wave's height must be more than double the 'significant wave height' of the area, which is calculated by averaging the height of the tallest third of all the nearby waves...

Suing A Friend- Not As Bad As It Sounds

Posted on March 10, 2010
A one-car accident in Auburn highlighted a recurring issue. When is it okay to sue a friend? A story last week described an accident where a car tumbled 20 feet down an embankment. Two women and one man in their 20's suffered multiple traumatic injuries in a single-vehicle accident in the 5200 block of Kersey Way Southeast in Auburn the evening of Tuesday, March 3...

Helmets Save Lives- Sometimes Even Twice

Posted on March 04, 2010
It's common knowledge by now that seatbelts, motorcycle helmets and the like help keep you safe and more importantly, alive, in the event of a vehicular accident. Even bicycle helmets are recognized as useful safety devices and are required by law to be worn when riding...

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Jaywalking: Open Season on Pedestrians?

Posted on February 28, 2010
On February 5th, a 13 year old boy was struck by a car on Highway 99 in Lynnwood while trying to cross the street. He was not at a designated crosswalk but was waved across by motorists that were stopped in rush hour traffic. This situation raises an interesting question of fault...

Commercial Truck Accidents?Often a Case of Man Bites Dog?

Posted on February 28, 2010
Although truck drivers are some of the best drivers on our roads (after all, they have extensive training and log way more miles than 'civilian' drivers), there is a common misperception that they are the cause of many vehicular accidents when in fact, they are frequently victims of civilian negligence...

Workers Compensation Benefits a Small Piece of the Pie

Posted on February 26, 2010
After an on the job injury the first benefits a persons typically receives are through workers compensation. But those benefits typically aren't "full compensation". An example is provided by a recent story about an injured worker: A construction worker injured Monday morning in an industrial accident at Naval Base Kitsap-Bremerton is in serious condition at Harborview Medical Center in Seattle...

Valuing the Lives of the Elderly

Posted on January 10, 2010
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...

When is it Time to File Suit

Posted on December 28, 2009
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...

Another Hit and Run Collision Highlights Importance of UIM Coverage

Posted on November 25, 2009
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...

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

Posted on November 25, 2009
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...

Kitsap Naval Base Injury Highlights Safety Issues

Posted on November 25, 2009
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...

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

Posted on October 27, 2009
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...

Cruise Ships--The H2 of the Sea

Posted on June 21, 2009
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...

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

Posted on June 15, 2009
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...

Slip and Falls: Not Just in the Produce Aisle

Posted on June 11, 2009
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...

Boating Safety and Life Jackets

Posted on June 03, 2009
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...

InjuryBoard member leads the fight to hold Southwest Airlines accountable for passenger poisoning

Posted on May 14, 2009
Seattle, Wa—Injury Board attorney, Alisa Brodkowitz, recently appeared on Seattle's King 5 local news (click for video) to discuss her Petition against Southwest Airlines on behalf of twin sisters poisoned by the airline. This saga began in January when Brodkowitz's clients, Victoria and Valerie Vaughn, passengers on Southwest flight 1705 from Los Angeles, became seriously ill after a mist filled the passenger compartment of the aircraft...

The Recession and Client Cost Advances

Posted on March 17, 2009
People are becoming increasingly cost conscious. It is a natural reaction to the recession. This level of cost consciousness has already started to affect the way personal injury cases are handled and the dialog between injured clients and their attorneys...

Subrogation Shouldn't Affect Settlement Decision

Posted on February 14, 2009
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...

Civil Rule No. 3--Super Bowl Sunday--Kickoff

Posted on February 02, 2009
I started writing this during the long run-up to the Super Bowl on Sunday. It seemed timely. Civil Rule 3 deals with the commencements of actions. It reads: (a) Methods. Except as provided in rule 4.1, a civil action is commenced by service of a copy of a summons together with a copy of a complaint, as provided in rule 4 or by filing a complaint...

Civil Rule No. 2 (Boring)/Civil Rule 2A (At the Center of Numerous Conflicts)

Posted on January 31, 2009
Civil Rule 2 is probably the least interesting out of the 86 Civil Rules. It reads: There shall be one form of action to be known as "civil action." Wow. Fortunately there is also Civil Rule 2A. It's more exciting...and is frequently in the middle of headed conflicts in personal injury cases...

Civil Rules

Posted on January 30, 2009
Cases filed in superior court are governed by the Civil Rules. There are 86 civil rules. Although some are more relevant to personal injury actions than others, all or almost all of them eventually come into play. This is the first entry in a series that discusses each of the Civil Rules and its effect on personal injury litigation...

Don't Overplay Your Hand: Plaintiffs Frequently Make the Wrong Choice

Posted on January 14, 2009
This summer the New York Times published an article about the choices made by individuals whether to settle their personal injury lawsuits and the typical outcome at trial following these decisions. The article indicated that typically individuals overestimated their likelihood of success at trial and end up doing worse financially as a result of trying the case than they would had they settled it...

Dog Bites, Third Party Claims and (Potential) "Pay to Play" Rules for Insurance Companies

Posted on January 11, 2009
We recently spoke with a potetial client about a dog bite he suffered while on the job. Here are some of the basic things you should know if you're bitten by a dog (or attacked by any type of domestic animal) while working for your employer. In order to pursue the homeowner/dogowner you need to submit a Third Party Election with the Department of Labor and Industries...

Falling Trees--When Should the Property Owner be Held Liable?

Posted on January 10, 2009
Owning property with trees isn't considered an ultra-hazardous activity in Washington. So liability is determined based on garden variety negligence principles. Cases dealing with the liability of adjoining property owners for damages caused by falling trees are all over the board...

The Recession and Juries--Challenges and Opportunities

Posted on January 06, 2009
The recession is going to lead to a lot more employment cases. Not only are employees being terminated, it's taking them a long time to find new jobs. There are also going to be a lot more wage and hour disputes. Fortunately in Washington "control" persons are liable to employees for unpaid wages...

Legal Malpractice Claims Expected to Rise in 2009. One Big Factor: Attorneys Practicing Outside their Core Areas

Posted on January 04, 2009
Experts predict that the current economic downturn will give rise to an increasing number of legal malpractice lawsuits. Historically, claims against lawyers escalate during economic downturns. There are several different reasons for the increase in malpractice claims: (1) assets lose value; (2) deals go sideways; and (3) attorneys start practicing outside of their core competence...

Holiday "Blast" and Motor Vehicle Accidents--Responsibility When There's Snow and Ice on the Road

Posted on January 04, 2009
The entire State of Washington was blanketed with snow over the Holidays. With the snow came an enormous number of automobile accidents. We’re often asked whether weather conditions constitute the mitigating factor in accidents or absolved the outside driver from liability...

Contingent Fee Attorneys Worth Over $1,000 Per Hour in Some Markets

Posted on December 09, 2008
The National Law Journal recently came out with information about the billing rates charged by attorneys. Firms accross the country averaged $350 an hour. But the most expensive firms charged substantially more. Most of these firms were based in cities like New York...

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