When you are injured, the effects can have devastating financial consequences. Fortunately, there is a compensatory relief when another person is to blame for your injuries. The personal injury laws established in Washington allow you to recover from the responsible party. You are entitled to compensation for financial losses, medical expenses, pain, and suffering. Even your spouse is entitled to compensation under a recovery theory called “loss of consortium.”
Personal injury laws vary depending on the type of injury you suffer, and they also vary with the responsible party. For instance, when you get injured during the course and scope of your employment, then you are likely entitled to worker’s compensation. When you get injured in an auto accident, then recovery often comes from the responsible driver’s insurance company. Sometimes the recovery comes from your auto insurance company when the responsible driver is underinsured or uninsured.
Recovery under worker’s compensation is different than recovery from a car accident because worker’s compensation entitles you to monthly wages and medical coverage. In most states, worker’s compensation insurance is mandated by law. When a work injury occurs, an employee is entitled to coverage regardless of fault. However, when a person gets injured in an auto accident, then the injury victim needs to prove that the responsible driver acted with negligence. Negligence is a legal term, and it’s interpreted by courts differently than its ordinary and everyday usage. Whether a responsible driver acted with negligence is often a fact-driven analysis performed by legal experts.
In most cases, an insurance company will handle a claim on its insured’s behalf. Insurance companies hire attorneys and claims professionals to value your injuries, and they attempt to settle your claims. However, the representatives employed by the insurance company want to settle your claim quickly, and they want to settle it for less than it’s worth. The quick and low settlement allows an insurance company to show less loss to shareholders, and it allows an insurance company to save money.
It’s imperative that you do not try to settle a case with the responsible insurance company by yourself. When you try to handle an accident alone, you might undervalue your case, and you might settle for less than you are owed. When you hire a Vancouver, Washington personal injury attorney, we can guide you through the injury process, and we can help you to maximize monetary recovery from your accident. Contact our firm today for help with your personal injury claim.
Dangerous Highway Defects Costs State of Washington $3 Million Dollars To Settle Motorcycle Accident Litigation
/in Motorcycle Accidents /by William RobisonThe State of Washington has agreed to pay $3.0 million dollars to a Clark County Washington woman for injuries she suffered in a 2015 motorcycle crash. The State blamed the motorcyclists both of whom were cited for traffic infractions. The investigation, however, proved the State was entirely to blame. The motorcyclists collided with a traffic island that was improperly designed,
constructed and maintained by the State.
The crash injured four people, two very seriously. No alcohol or drugs were involved and speed was not a factor. Traffic islands have been a contributing factor in motor vehicle accidents on SR 432 for years. In 2008 the State inexplicably missed a chance to bring the island into compliance with safety regulations at little or no cost to the State. The State has since made improvements to the island.
The crash occurred around 10 p.m. on October 17, 2015. Several experienced motorcyclists and their passengers were westbound on SR 432 also known as Industrial Way. The cyclists were riding in a staggered formation when they encountered the dangerous highway defects. Two cyclists riding on the right side of the lane collided with the traffic island. Although the island is entirely within a 50 m.p.h. through travel lane, it was constructed with prohibited 6-inch vertical curbing. The island lacked reflectors, high visibility paint, and gore lines making it nearly invisible at night. The improper vertical curbing made the impact with the island particularly dangerous to motorcyclists and caused both passengers to be ejected. Dash-cam video showed a State Trooper responding to the crash also nearly hit the island.
Had the island met even a few of the visibility safety requirements the motorcyclists would have seen it and avoided it. Tragically, had the curb been a “mountable curb as safety rules require, the State’s failure to maintain signs, paint and reflectors might have been excused because any driver who failed to see the island could drive over it without incident.
William D. Robison handled the litigation and settlement of this motorcycle accident case for Caron, Colven, Robison, Shafton.
Fear Of Trial Reduces Personal Injury Settlements
/in Personal Injury /by William RobisonFEAR OF TRIAL REDUCES SETTLEMENTS
There is one question you must ask any lawyer who claims to be a “personal injury lawyer“. The question is; “when did you last try a personal injury case?” Recent discussions with personal injury adjusters from three insurance companies made it clear, they don’t expect most of the lawyers they deal with to be willing to try a personal injury case. This explains the current trend of low pre-lawsuit settlement offers. Some lawyers actually tell their clients to accept these terrible offers. As a result of low offers, we file more cases. For that reason, we usually see the offer rise significantly once the litigation department gets involved. Insurance companies know our experienced trial lawyers at Caron Colven Robison Shafton are not afraid to try your case.
HIRE A PERSONAL INJURY LAW FIRM THAT TRIES CASES
Sadly, many “personal injury lawyers” don’t go to trial. Aggressive insurance industry defenses have scared them off. As a result, the insurance companies know they can low ball cases. Based on that experience they learn who will take those low offers. In this day it is nearly impossible to both insist on fair settlements and avoid going to trial. The trend of terrible settlement offers is most pronounced in Under-Insured and Uninsured Motorist Insurance cases. Often the insurer never makes a reasonable offer. Because the insurance company won’t have to pay much more than the insurance amount they sold the customer, their strategy is to hold the insured hostage.
CARON COLVEN ROBISON SHAFTON PROVEN TRIAL RESULTS
Here at Caron Colven Robison Shafton we tried 5 cases to jury verdict this year. All 5 cases resulted in verdicts of $100,000 or more. We improved our personal injury client’s position in every case. In the first trial of the year, the jury returned a verdict of $500,000 improving the client’s recovery by over $200,000. The “worst” verdict was $100,000, beating the offer by $40,000.
PRE-EXISTING CONDITIONS WHAT THEY REALLY MEAN
The two most common reasons cases go to trial are pre-existing conditions and low visible property damage. Neither of these bothers us at Caron Colven Robison and Shafton. Insurance lawyers will dig back decades if they can, just to find something “pre-existing” to try to blame for the harms their insured caused. As a result, the insurance companies have used the “pre-existing condition” excuse up.
LOW VISIBLE PROPERTY DAMAGE
This is another favorite excuse the insurance companies have “used up”. Success has led the insurance industry to try to fit serious injury cases into the “low visible damage” pigeonhole. This can backfire spectacularly. The courts are getting wise to the junk science the defense employs. Jurors are also much wiser. As a result of personal experiences, jurors know modern cars can take a very hard impact and leave little visible property damage. Bill Robison is the author of the Low Visible Property Damage Cases chapter of the Washington State Association for Justice desk book.
Three Important Factors about Personal Injury Law in Washington State
/in Laws & Legislation, Personal Injury /by vancouveradminPersonal injury law, also recognized as tort law, is the defense of a person who has suffered injury or loss due to the wrongdoing of another individual or entity. An individual who files suit under tort law is not expecting prosecution for negligence but rather hopes to recover financial losses caused by the defendant’s remiss.
Personal injury laws vary by state, which is why you need a qualified lawyer to fight for you in court. Here are three things that you need to know about tort regulations in Washinton state.
Washington has a Statute of Limitations for personal injury claims
The Statute of Limitations (SOL) in a state limits the time that a person has to file documents with the courts in hopes of seeking restitution for a crime committed. Regarding personal injury, the SOL refers to the time limit that the plaintiff has to file suit for medical bill costs, lost wages, and other financial strains caused by the defendant’s negligence.
Washington state has a SOL of three years when it comes to tort law. Any lawsuits filed after this time are typically denied by the courts, though there are exceptional circumstances in which the ordinary statute does not apply.
Settling a personal injury case may take months or years
It is important to note that all tort cases are different. Whereas a lawsuit that involves little injury may reach the settlement stage months after its initial filing, it may take years to close a case where the victim requires lifelong treatment and compensation.
Talking with the insurance company before discussing your case with a lawyer could hurt you in the long-run
Many consumers are tricked out of thousands every year because they failed to take their personal injury claim to a lawyer before discussing the incident with an insurance provider. It is important to remember that an indemnity company’s sole mission is to save money when accidents happen. They are not looking out for the best interest of the injured and will attempt to settle at the lowest rate even if such amount does not pay all of your legal bills.
It is important to gather evidence and present the facts to a personal injury lawyer first. The tort law attorney will evaluate the proof and determine which route is best.
Three Dead, One Injured in High Speed Accident in Vancouver
/in Car Accidents /by vancouveradminVancouver Police reported that three men were killed and another injured in a car accident Friday night near East Evergreen and Grove Street
Authorities responded to reports of an accident around 10:00 p.m. near the intersection in Vancouver. A BMW sedan with two men trapped inside with two other lying on the roadway.
Public Information Officer for the Vancouver Fire Department Joe Spatz stated that firefighters removed the two men from the car. Joe Spatz also stated that two men were pronounced dead at the scene while the other two were taken to the hospital with life-threatening injuries.
One of the men died upon arriving at Peace Health Medical Center. Authorities closed off the road for hours as debris strewn across the road needed to be cleared.
The BMW crashed into a patio just outside of the Igloo Restaurant; it is still unclear on whether the restaurant building was struck by the car. The cause of the accident is unknown and being investigated by the police department’s traffic unit.
Speed was a major factor, but it’s not clear if alcohol or drugs were involved.
Personal Injury Laws Are Complex – Don’t Settle With Insurance Companies Before Talking To An Experienced Injury Lawyer
/in Personal Injury /by vancouveradminWhen you are injured, the effects can have devastating financial consequences. Fortunately, there is a compensatory relief when another person is to blame for your injuries. The personal injury laws established in Washington allow you to recover from the responsible party. You are entitled to compensation for financial losses, medical expenses, pain, and suffering. Even your spouse is entitled to compensation under a recovery theory called “loss of consortium.”
Personal injury laws vary depending on the type of injury you suffer, and they also vary with the responsible party. For instance, when you get injured during the course and scope of your employment, then you are likely entitled to worker’s compensation. When you get injured in an auto accident, then recovery often comes from the responsible driver’s insurance company. Sometimes the recovery comes from your auto insurance company when the responsible driver is underinsured or uninsured.
Recovery under worker’s compensation is different than recovery from a car accident because worker’s compensation entitles you to monthly wages and medical coverage. In most states, worker’s compensation insurance is mandated by law. When a work injury occurs, an employee is entitled to coverage regardless of fault. However, when a person gets injured in an auto accident, then the injury victim needs to prove that the responsible driver acted with negligence. Negligence is a legal term, and it’s interpreted by courts differently than its ordinary and everyday usage. Whether a responsible driver acted with negligence is often a fact-driven analysis performed by legal experts.
In most cases, an insurance company will handle a claim on its insured’s behalf. Insurance companies hire attorneys and claims professionals to value your injuries, and they attempt to settle your claims. However, the representatives employed by the insurance company want to settle your claim quickly, and they want to settle it for less than it’s worth. The quick and low settlement allows an insurance company to show less loss to shareholders, and it allows an insurance company to save money.
It’s imperative that you do not try to settle a case with the responsible insurance company by yourself. When you try to handle an accident alone, you might undervalue your case, and you might settle for less than you are owed. When you hire a Vancouver, Washington personal injury attorney, we can guide you through the injury process, and we can help you to maximize monetary recovery from your accident. Contact our firm today for help with your personal injury claim.