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? Your primary goal during the claims process phase of a wrongful death case is to build your case by collecting and evaluating all evidence that can help you secure a fair and reasonable settlement. Together with an experienced attorney, you will prepare your case as if it is going to go to trial. Even an experienced attorney can never know which cases will settle and which will go to trial, so it is important to be prepared to take your case all the way through trial, if necessary.
Even so,...
•Planning a Funeral After an Unexpected Death - Part One
There is no easy way to plan the funeral of a loved one after an accident. You are likely feeling emotionally drained, physically exhausted, and over-stressed as you approach the memorial plans. When the death of a loved one is anticipated because of illness or old age, funeral plans have often been made or discussed beforehand and the family members may have had time to prepare themselves for the loss. If preparations like these have already taken place or if you have some idea of how your...
•What is Wrongful Death: Establishing Negligence in Washington State
A wrongful death is one that is caused by the negligence or wrongful act of another. A wrongful death case refers to the type of claim that may be brought on behalf of certain surviving relatives to recover compensation against the party responsible for causing that death. Specifically, Washington law defines this cause of action as the death of a person "caused by the wrongful act, neglect, or default of another."
A wrongful death occurs when a person dies as a result of the wrongful or...
•Overview of Washington State's Wrongful Death Laws - Part Two
The courts have also stated that the surviving parent or sibling need not be wholly or completely dependent on the deceased. Partial dependence has been deemed sufficient. But there must be enough evidence to prove "substantial financial dependence." The financial dependence must also occur at the time of death, as opposed to having occurred in the past or to occur at some point in the future.
In the case of second-tier beneficiaries, the question of what constitutes substantial financial...
•Overview of Washington State's Wrongful Death Laws - Part One
The state of Washington has two main statutes that govern wrongful death actions. There is a general wrongful death statute and one that specifically applies to a parent's cause of action for the death of a child. In addition, there are statutes that address survival actions (e.g., to recover those damages the deceased could have claimed had the deceased survived). To some extent, these laws may overlap, particularly when a cause of action may include facts to support different theories of...
•Planning a Funeral After an Unexpected Death - Part Two
Funerals are probably the most popular of all the memorial options, as they are the most traditional type of service. There is no one set way to have a funeral - how you proceed depends on your loved one's religious affiliation, age, and personality. For example, for a child's funeral service, the parents will often choose to have a more uplifting service and will choose to decorate the area with balloons, flowers, and stuffed animals. Many parents also choose to have their child's favorite...
•Washington State Wrongful Death Claims
Wrongful death claims in Washington State are complicated and are often very expensive to pursue. They require a thorough understanding of Washington's complex wrongful death statute, the laws of probate and estates, and the case law decisions that have developed for these types of claims over many years. The expense of a wrongful death case can also be quite high. Many times wrongful death cases require expert testimony in many different fields of study. It may be necessary to hire numerous...
•Speaking With the Insurance Claims Adjustor About Your Wrongful Death Claim
By pursuing a wrongful death claim you will likely be interviewed by a claims representative from your own insurance company, or the deceased person's carrier, or the at-fault person's insurance company, or by all three. You might think the adjustor is trying to help you, especially if it is the adjustor from your insurance company. Keep in mind that this may not be the case at all. Each insurance company adjustor owes their allegiance and concern to his or employer, not to you - the person...
•The Pre-Litigation or Claims Process for Washington State Wrongful Death Cases
Obviously, losing a loved one in an accident is tragic and there is nothing that can be done to bring the person back. The last thing on your mind during a difficult time like this is the question, "How much should I be compensated for the loss of my loved one's life?" To many, putting a dollar figure on someone's life is both impossible and distasteful. Even so, Often times,, the only justice that can be achieved under the law for such a tragic loss is an award of compensation. In some cases,...
•Concerns About Insurance in a Dog Bite Case
A primary concern in dog bite cases is whether there is adequate insurance to pay for the victim’s damages. Most homeowner insurance policies will provide coverage for injuries inflicted by the family dog. But each policy is different and should be reviewed carefully. If there is no insurance, then it is extremely unlikely that the dog bite victim will be able to receive compensation for damages.
Can You Sue Without insurance?
A question I hear often from prospective clients is: even if...
•What a Good Lawyer Can Do For You
Many people do not know what an experienced lawyer can do in these types of cases. I can’t speak for every experienced personal injury attorney, but here is a list of the types of services that my office will often provide to our clients:
- Conduct initial interview with client.
- Educate and teach the client about the claim process.
- Educate and teach parents and/or child about the court approval and Settlement Guardian ad Litem process (in cases involving injured children).
- Educate...
•Medical Mistakes: The leading cause of accidental deaths in America
Hearst Newspapers has written an extensive article about the prevalence of medical mistakes and how they are the #1 cause of accident deaths in America. You can read the story on the Seattle Post Intellingencer’s web site.
The article states that 98,000 people die every year from medical mistakes. This is more than the number of people killed in the 9/11 terrorist attacks on the World Trade Center. Also, more than 99,000 patients succumb to hospital-acquired infections, and most of these...
•Another Dog Attack - 9 month-old Baby Severely Maimed
Another dog attack on a child was reported by KOMO 4 News. The baby, just 9 months old, was apparently left exposed to her grandmother’s dog. The child received vicious injuries which were considered life-threatening according to reports by Children’s Hospital (where the baby was flown for emergency treatment).
The dog’s owner is the baby’s grandmother. Now sheriff’s are pursuing criminal charges against the grandmother. Why? Well, the dog had attacked the baby just 24 hours earlier....
•Dog Bite Cases and the Contingency Fee
Contingency Fee
Understandably, most people are wary of hiring an attorney because of the expense. Cases involving injury claims, including those involving dog bite injuries, are usually handled by experienced lawyers on a contingency basis. With a contingent fee agreement, the lawyer agrees to defer his or her fee until the case successfully resolves. The fee is based on a percentage of the recovery obtained by the lawyer. If there is no recovery, then no attorney fee is owed. Most...
•Insurance Company Discovers Client’s FaceBook Page - Reduces Offer by $20,000
Insurance Company Discovers Client’s FaceBook Page - Reduces Offer by $20,000 This is a true story.
I represent a young man I’ll call “Jerry.” Jerry was injured in a rear-end auto accident more than 3 years ago. He sustained fairly significant neck and back injuries which plagued him for at least a couple of years, and which still continue to cause occasional pain and discomfort depending on his activities.
We sued the driver who caused the accident. As is customary, the other driver’s...
•Dog Breed Legislation - The Breed Ban Laws
The issue of breed-banning has stirred quite the controversy over the last few years, with concerned citizens and dog owners fighting it out over which direction to take such litigation. Seattle has informally considered banning some dangerous breeds such as pitbulls, but has yet to address the issue formally due to lack of consensus among city councilmen. The question is whether breed-ban laws have any appreciable effect on the reduction of attacks against humans. According to the American...
•Information About Dog Breeds - Does the Dog Breed Matter?
? Does the Dog's Breed Matter?
This is a controversial issue. There are some who believe quite strongly that certain breeds have innate traits of aggression that make them more likely to inflict harm on human beings than other types of breeds. Opponents of this view state that a dog's propensity for aggressive behavior is dictated primarily by the dog's owner or handler and how that dog was trained and cared for early in its life.
On the one hand, there are certain breeds that appear to have...
•Things to Consider Before Hiring a Lawyer in a Dog Bite Case
The Advantages of Hiring a Lawyer
If you have suffered injuries caused by a dog, you may want to hire a professional who has years of experience dealing with insurance companies to protect your interests. Remember, the insurance company will be doing everything it can to minimize the claim and avoid paying fair compensation to cover the injured person’s past expenses, damages and future needs. Don’t help the adjustor by going it alone. Please give serious thought to hiring an experienced...
•Dog Bite Cases and Private Insurance of the Dog Owner
Private Insurance
Oftentimes the dog owner has a homeowner’s insurance policy. Most homeowner’s policies will provide coverage for damages or injuries inflicted by the owner’s dog. However, most coverage questions are dictated by the terms of the insurance policy. And many times you cannot get access to the dog owner’s insurance policy until you actually file a lawsuit against the owner. Thus, a lawsuit may be necessary just to find out if there is an insurance policy, and if so, whether that...
•The Legal Process For Dog Bite Cases - Commencing a Lawsuit
If you cannot settle the case with the dog owner’s insurance company, the next step is to start a lawsuit in court. Documents, called pleadings, must be filed in court along with a fee paid to the court clerk. These pleadings are called the summons and complaint. The summons informs the person being sued that a lawsuit is being filed and that a response to the lawsuit is due within a certain period of time (usually 20 days). The complaint describes the particular cause of action or legal...
•Nine Mistakes Dog Bite Victims Should Avoid - Part #3
Also, if you appear too eager to settle the claim, this can negatively impact the case. Insurance adjustors are trained to look for signs that may weaken your negotiating position. If you are in debt or need money fast, the insurance company will use this fact to its advantage by making much lower settlement offers then might otherwise be warranted. In one case of mine, the client had tried to negotiate a settlement on his own. But during negotiations he also revealed that he had...
•When Dog Owners Are Charged With a Crime - Part 3
There are certain defenses available to a dog owner who is criminally prosecuted for owning a dangerous or potentially dangerous dog. One defense is provocation of the animal, which is the same defense available under the civil "Dog Bite Statute" discussed in Chapter 2. There is one difference however. To invoke the provocation defense, the dog must have been on the owner's property and the dog must be securely confined on the property and unable to escape. The dog's enclosure must be secure...
•Nine Mistakes Dog Bite Victims Should Avoid - Part #2
In Dog Bite personal injury cases, there are certain mistakes to avoid so you have the greatest chance that the insurance company will pay out the maximum amount of dollars to settle the claim. Here are the mistakes to avoid:
Mistake #4 - Giving a recorded statement to the insurance company. If the dog owner has insurance, the carrier will almost always ask you for a recorded statement. Don't do it! The statement will be used by the company to look for any "holes" in your story. There are...
•When Dog Owners Are Charged With a Crime - Part 1
In previous chapters I discussed Washington state's "Dog Bite Statute" as well as this state's common law regarding the dog owner's civil liability for injuries and damages inflicted by the dog upon another person. These laws give dog bite victims the legal right to recover monetary compensation from the dog owner (usually paid by the owner's insurance company). However, Washington state has laws in place that may also subject the dog owner to criminal responsibility. Unlike civil liability,...
•Another Auto Insurance Company Acts Unreasonably l Seattle Accident Attorney
A good portion of our society believes that our justice system is out of control. There have been dozens and dozens reports by the media over the years about how some person received millions of dollars from a jury for what at first blush appears to be a minor injury or insignificant dispute. The McDonald's Coffee Case comes to mind. Yet, the common misperception among the public that the justice system is a "lottery" where all you have to do is feign serious injury and the insurance...
•Medical Malpractice Cases Involving Children: Facts, Figures & Statistics
Children who are victims of medical malpractice often suffer significant injury or death during the birthing process. Birth injuries are generally caused by something that went wrong during pregnancy or during delivery, while birth defects usually are harms to the child that arose prior to birth and were often caused by genetic abnormalities or infection during pregnancy. Some studies have shown that birth injuries occur in five out of a thousand births (0.5%). Most birth injuries occur...
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