It appears that the bad economy has caused many cities to begin thinking of new ways to raise revenue.  The city of Chicago now charges accident victims for basic city emergency services that used to be paid for by the tax base.  Now, if you’re hit or injured in an accident and the fire truck or EMT van responds as a precaution, you may be charged several hundreds of dollars for the service.

Fair?  Who cares.  It’s how more and more cities are choosing to make money in these tough economic times.  Even if another person causes you a serious personal injury or catastrophic loss.

The case in Chicago involved Cary Feldman who was hit while riding on a scooter.  Feldman didn’t cause the accident, the other guy did.  But that didn’t stop the City from sending him a bill for $200 because the fire truck responded to the scene even though it wasn’t necessary.

We have a new name for the charge – “Crash Tax”.  Feldman callls the “tax” a rip off and a scam.  I tend to agree.  Why not charge the other person who actually caused the accident in the first place?  Good question.  No one wants to answer that however.

At least 26 other jurisdictions now assess a Crash Tax.  Could it be something that the city of Seattle may start doing?  If so, it would be a miscarriage of justice.  But as the economy continues to struggle, I wouldn’t count it out among our local politicians.  Seems like our elected officials are looking for any way to pass more taxes and raise fees on the public. 

But if any of the Seattle politicians are reading this blog, I say: Don’t do it.

You would think that the tough laws against drinking and driving would drastically reduce the number of injury accidents caused by alcohol.  But it really hasn’t.

One problem is that the criminal penalties for vehicular homicide is fairly low.  I believe the last time I checked, the stats showed that the average sentence handed down to someone who kills another person while driving drunk is 3 to 4 years behind bars.

If only our society could truly appreciate the devastation that a drunk driving fatality causes to the family members of the innocent victim.  Sometimes the person killed is a parent with small children.  Those are the most tragic of cases since the child’s parent will no longer be there to take care of the child, provide financial and emotional support, and all of the other important qualities that a strong parent-child relationship provides.  

What is equally tragic is that the accident could have easily been prevented.  Just don’t drink and drive.  When you drink, your judgment is the first thing that is affected.  You cannot rationally decide whether you are able to drive after consuming a few drinks.  Just don’t take the chance.  It’s not worth it.

The driver was a 22-year-old young woman.  She had no insurance, and worked as a waitress.  She was allegedly using her cell phone at the time of the accident.

I had to decline the case.

The reason?  The parents of the 15-year-old did not purchase Uninsured Motorist (UM) coverage under their own auto policy.

In Washington State, auto insurance companies have to offer UM coverage unless it is rejected in writing by the insured.

The parents had rejected UM coverage five years ago as a way to save money.  That decision proved tragic, and in the end deprived their son with the opportunity to obtain full compensation for his medical treatment and injuries.

Relatively speaking, the cost of UM coverage is very cheap.  Right now I pay about $150.00 per year for $1 Million in UM coverage on two separate vehicles.

Statistically, most accidents are caused by uninsured and underinsured motorists.  These are individuals that are more likely to be irresponsible on our roadways.  Most of us have to protect ourselves from irresponsible drivers.  Adequate UM coverage is one way to do this.

The mother of that 15-year-old boy told me that she and her husband will likely have to declare bankruptcy because they won’t be able to pay for their son’s medical bills.  Understandably, she and her husband are angry that this could happen.  Through no fault of their own, they may be ruined financially.

My message to parents is to carry adequate auto coverage, including coverage for uninsured motorists.  This coverage can prevent financial ruin if one of your family members becomes the victim of an accident.

You should understand how insurance works in Washington State. There are two types of auto insurance systems in the United States, and which one you use usually depends on where you live. Most states are at-fault or tort states.  This means the at-fault driver is legally responsible for any injuries and financial costs caused by the accident. The other driver’s insurance policy is supposed to pay those costs, but you may have to sue the other driver to get payment if the facts are in dispute.

In Washington we also have no-fault auto insurance coverage. If your insurance policy has coverage called Personal Injury Protection (PIP), your own insurance company is required to pay for certain damages (like medical bills and lost wages) regardless of who’s at fault for the accident.  This is important coverage because it requires your carrier to pay for these expenses when they are due.  However, this coverage is limited by the terms of your insurance policy. 

Most people who have PIP will have coverage of at least $10,000, but some may have the maximum of $35,000 (as of the date of this writing).   Also, most PIP policies will only pay up to 85% of your lost wages starting two weeks after the accident.  You should read your policy carefully to understand what other limitations and/or restrictions may apply.  If you have questions you should speak to an experienced personal injury lawyer.

After you receive medical care and recover from the immediate effects of your accident, one of the first things you should do is call your insurance company. You will probably also have to call the other driver’s insurance company and let them know that an accident has occurred and a claim will be pursued. You should make that call as soon as you reasonably can, because waiting too long might make it look to the insurance company like you are exaggerating your injuries. Calling quickly is also part of your obligations under the contract you signed with your insurer.

This first call should be fairly short. Its purpose is only to give the insurance adjuster the basic facts about your accident and the information for the other driver’s insurance company, if there is one. In fact, during the call, the insurance adjustor on the other end should never ask to record you or ask you to sign anything, especially in exchange for money. If you get this kind of request, you may be dealing with a dishonest company; you should politely decline and call a lawyer as soon as possible.

During your initial call, the insurance adjustor will probably ask you who was at fault for the accident or who was to blame. She might also ask if anyone got a ticket. If this is disputed or you truly are not sure, just stick with the facts.

During this first conversation (or any other conversation) with an insurer, it is important to avoid apologizing or accepting blame just to be polite, because that could be taken as an admission of guilt. Also, if you were knocked unconscious or taken to the hospital, you may not have gotten the full story. One way to get it is to obtain a copy of the accident report made by the police (if one exists). If they will not release it, your insurance adjustor can get it for you and use it to start your claim. 

KOMO TV reports that the boy’s name is Noah B. Bishop.  The King County Medical Examiner has stated the cause of death was cerebral and cerebellar laceration and contusion, subarachnoid hemorrhage – bleeding between brain and surrounding tissues, brain stem hemorrhage and multiple skull fractures. The death was ruled accidental.

The boy’s injuries are severe.  The news reports do not state how the boy received such serious injuries while in the care of a reputable medical clinic.  The spokesperson for the University of Washington has declined to explain how the injuries occurred, but did state that an investigation has begun.  This suggests that the hospital knows it may have committed negligence which was a cause of the boy’s injury.

Usually when this type of tragic accident occurs, and no explanation is given by the hospital about how the injuries inflicted, a claim for negligence will often exist.  The term ‘negligence’ is defined as the failure to exercise ordinary care in similar circumstances.  Based on similar cases that I’ve handled involving children, it appears that the boy may have been dropped onto the floor and landed on his head and suffered a traumatic brain injury or TBI. A young child of this age does not have to be dropped from a high distance to cause the type of injuries that were found to have caused this boy’s death.

There are important differences associated with representing child injury claims.  These differences are explored in depth in my book Little Kids, Big Accidents.  I offer the book for free to parents of injured children.

If it is determined that the University of Washington’s negligence caused the boy’s injuries, then the parents will also have a wrongful death claim against the hospital for the loss of their boy.  There are special statutes that apply to parents who have lost a child due to another party’s negligence.  Wrongful death claims are complicated, especially when it deals with the death of children.  You can learn more about wrongful death cases by visiting the Davis Law Group website and DLG’s wrongful death page.

I want to offer my sincere and heartfelt sympathies to the parents of this young boy.  This type of tragic loss can devastate even the strongest of families.  I also have a young boy of similar age, so I cannot imagine the level of pain and grief these parents must be experiencing.  I hope they can get the answers of what happened and why, and at least start to heal from this painful experience.

Most experienced personal injury lawyers understand that a settlement should not be rushed, particularly if one desires a good settlement. Settling a case is often a process. Good settlements usually take time and effort.  The process can be complex and take many months or even years. Different lawyers initiate the process in different ways (who goes first and so forth), but it always ends up with an offer and a series of counteroffers and counter-demands. However, the numbers passed back and forth are based somewhat on reason given the facts of the case.  A good lawyer will prepare the case for trial in an effort to get the best settlement possible.  The settlement offers and counteroffers will be based on the evidence that each side expects to present and hear at trial.  A party that has prepared a strong case for trial may be in a better negotiating position when it comes time to settle the case.

Deciding whether to accept a settlement offer requires you to consider subjective as well as objective factors. For example, there are benefits to ending your claim sooner rather than later.  Litigating the case can take a high toll emotionally.  On the other hand, the time, anxiety, energy and risk assumption required to go to trial may be worth it for the client —because of the potential for greater compensation. Client objectives vary, and each case and each client is different. The settlement process offers an opportunity for dialogue — and out of this dialogue comes a decision that fits the client in that case.

There are numerous factors to think about when considering a settlement offer, but issues to consider start with the amount of money being offered, the conditions attached to the offer and the amounts owed to third parties — like health care providers, other insurance companies and lienholders. There are laws and contractual obligations that govern these third parties’ rights to participate in the distribution of settlement proceeds. These rules are part of every settlement agreement, and you are expected to know them. An insurance company has no duty to explain the rules to you. Third parties such as health care providers might also claim part of your settlement behind the scenes.

A settlement offer is always measured against this one question: “What will a jury do in your case?”  No one knows for sure of course.  But the reasonableness of a settlement offer is whether a jury may award an amount close to the offer or some amount that is much higher or lower.  If your lawyer believes it may be difficult to get a jury to award much higher than the offer, then the settlement offer should usually be accepted. 

There is also a difference in the settlement value of a case versus the actual value a jury may decide.  The settlement value of a case is always less than the actual value of a case.  This is because the settlement value takes into account the enormous expense and risk of going to trial.  The settlement value is always a judgment made by the parties.  The settlement offer has to be high enough to persuade the claimant to accept the offer to avoid the increased risk and expense of going forward with litigation and a trial.  For example, if there is a strong defense concerning liability (i.e., the defense can show that a jury might not find the defendant at fault for the accident or find that the plaintiff shares a good portion of the fault), then the settlement value of case will be reduced even further to reflect the risk that no fault or little fault may be assessed against the defendant.  Insurance companies will always evaluate settlement value lower than what a jury verdict might be.  Again, the insurance carrier knows that the plaintiff will incur risk and expense by going to trial so the offer will reflect these uncertainties. 

Other considerations involve what debts, claims or other liens might exist against your settlement recovery. Your lawyer’s job is to get a settlement offer that will take care of any and all deductions that must come out of your recovery.  If the settlement offer is not sufficient to pay all of these debts, you may be liable for the rest. Sometimes, your lawyer can help by negotiating or using other remedies available under the law to make sure all of your obligations are covered. Depending on the circumstances, your lawyer might be able to convince creditors to take a lesser amount in exchange for immediate payment. But because this is an uncertain process, it is important to discuss your debts and obligations with your lawyer when analyzing a settlement offer. 

There are no hard and fast rules to tell you whether the claim is small.  Generally, a small claim is one where (1) the accident is minor or the property damage is small or insignificant, (2) the injuries are minor and/or they are not considered permanent, (3) the medical treatment lasts no longer than a few months, and (4) the medical bills do not exceed a few thousand dollars.  If one or more of these factors exist then there’s a good chance the claim is small enough to settle on your own.

WARNING: By settling the case on your own, you accept the risk that you may make a mistake that could irreparably damage the value of  your claim.  Some mistakes cannot be “undone” so getting a lawyer involved after the fact may be of little benefit.  You must know that there are many cases that should involve an attorney, particularly if the accident was severe, the injuries are permanent and/or significant, and the special damages (or medical bills and lost wages) are many thousands of dollars.  Many people don’t want to hire a lawyer so they can “save money.”  But the money that is lost due to a mistake made during the claims process could be much more significant than the expense of hiring an attorney.  You should first seriously consider the risk of settling your own claim before proceeding in this way.

Here are some general guidelines for those people who have a small personal injury claim and wish to settle the case on their own:

1. Collect all evidence to support your claim.  This may include the police report, photographs of the vehicle(s), paystubs, tax returns, medical records and bills, property damage estimates, witness statements, etc.  The insurance company relies on documentation to support the claim.  If you don’t have documentation to support your claim or some of the damages being requested, the insurance adjuster will refuse to consider it.
2. Communicate in writing with the insurance company.  You should keep track of your communications with the adjuster in writing.  Be brief and to the point.  Refrain from talking about the merits of your claim until you are ready to settle.  Written communication leaves a paper trail that may be beneficial to you if there’s a dispute about was said or not said.
3. Focus on your medical treatment.  If you’re hurt, get medical treatment.  Do not skimp, or miss appointments.  Do not try to settle the claim until your medical treatment has concluded.  Do not discuss your medical treatment with the adjuster.  He or she will receive your medical records soon enough.
4. Prepare a thorough settlement demand package.  See No. 1.  With your documentation, you must provide a comprehensive settlement demand package which includes copies of all items that support your claim for damages.  This includes your medical records and bills, collision report, property damage estimates, photographs (of injuries and/or vehicles), wage loss documentation (paystubs and/or tax returns), witness statements, etc.  If you are claiming other expenses, then you should provide receipts or other written documentation to prove that these expenses or costs or damages have been incurred.  Your settlement demand should contain a brief description of the accident, and why the other party was negligent or at fault.  Your damages should be itemized and explained.  If you are claiming general damages, or pain and suffering, then you should describe the facts and circumstances to support this part of the claim.  Statements from family members and other people familiar with your life and the way your injuries have affected you can be persuasive.
5. Be prepared to negotiate.  Settling a personal injury claim takes skilled negotiation.  It is not unlike the process of buying a car because typically there is back and forth negotiation about the value of the claim and how much of a settlement you’re prepared to accept and how much the carrier is prepared to pay.  If your settlement demand package is thorough, well-organized, and amply supported by pieces of documentation, then you will have enough leverage to negotiate a favorable recovery.

Remember, not every case needs a lawyer.  Usually the very small personal injury claims can be resolved without the assistance of a lawyer.  If you don’t know whether your case is small or large, than by all means speak to a reputable personal injury lawyer.  Most lawyers or their staff in this field will at least speak to you over the phone and advise you whether you can benefit from the assistance of attorney or not. 

Good luck.

There are some lawyers who disagree with me.  These lawyers will tell you that you should ALWAYS call a lawyer immediately after every accident — even before you go see a medical doctor for your injuries!  Some lawyers will go so far as to tell you that you should call a lawyer while sitting in your car waiting for the police.  That’s just bunk.

Those lawyers who tell you to call them within minutes after an accident are usually more interested in collecting a fee than on protecting your best interests.  Choosing a lawyer should be done thoughtfully and carefully.

So how do you know when you should contact a personal injury for your accident case?  Here are some questions to answer:

1. Will your injuries require more than just a few months of medical treatment?
2. Will your total medical bills exceed $3,000 to $5,000?
3. Are your injuries longlasting, permanent, or severely debilitating?
4. Are your injuries catastrophic (i.e., loss of limb, paralysis, brain injury, etc.)
5. Do your injuries involve loss of limb or body part, or is there permanent scarring?
6. Is there a dispute about who caused the accident?
7. Is the insurance company ignoring your calls, or acting rude and unhelpful to you during the claims process?
8. Does the case involve a claim for wrongful death?

If you answered yes to one or more of these questions, then you may likely benefit from the assistance of a qualified personal injury attorney.  You should definitely talk to an attorney to hear how that attorney evaluates your claim. 

That’s why I decided to publish my first book nearly 3 years ago for Washington state accident victims.  Even though the book sells on Amazon for $20, I give the book to accident victims for FREE so they could have good and accurate information about the claims process and personal injury attorneys BEFORE the person actually decides to hire a lawyer.  Do not fall for the lawyer who SCREAMS hire a lawyer immediately after an accident, at least not if you want to make the best decision possible for your personal injury case.

We at the Davis Law Group usually turn down at least 25-35% of new accident cases because we believe the claim does not require the assistance of an attorney.  Sure, we could certainly sign these clients up and collect a fee.  But that wouldn’t be in the client’s best interest because the person could likely recover more compensation without an attorney.

If you’re looking for a Washington state personal injury attorney, do your homework.  Don’t choose the first lawyer you may see on TV.  Choose a lawyer that is more interested in protecting your best interest, and not the lawyer who is more focused on collecting a quick contingency fee.

The attorneys who have filed the case, The Rasansky Firm, allege that the Woodbridge Day School failed to help or monitor the young child after she ingested a small rock.  The girl choked and then collapsed in the classroom.  The teacher allowed the young child to remain on the floor while other children poked and prodded her.  As much as 10 minutes passed before the teacher finally decided to get help.  But by then it was too late.  The child died.

The lawsuit also reveals that the daycare center sold the business soon after the child’s death in an effort to prevent a report to the Texas state licensing database.

The Texas Department of Family and Protective Services performed an investigation that concluded the daycare center and its teacher were negligent in failing to recognize what was happening to the child and failing to get the child immediate medical attention.

This is a tragic and sad story.  As a parent of a young child myself, I cannot imagine what this little’s girl’s parents are going through.  This case sounds like the child’s death was easily preventable had the teacher and other daycare personnel been properly trained to spot and address potential hazards associated with toddlers.  Some questions I have – was there too many children for this teacher to properly supervise?  What precautions did the center take with respect to 2 year olds ingesting foreign objects? 

I know from experience that 2 year-old children take more supervision and attention than older children.  I’m wondering whether the daycare center did not recognize these special considerations for this age range.

My prayers go out to the family of this poor little girl.  I hope they can one day find some measure of relief from their terrible pain.

Davis Law Group announces that it has settled a boating accident case for the sum of $600,000.  The settlement will be funded by two separate insurance policies – both carriers (Allstate and Farmers) tendered their $300,000 insurance policies to settle the claim.

The case involved a boating accident that occurred on July 4, 2006 on Lake Cavanaugh in Skagit County.  A 16 year old girl was being towed on an innertube behind a 17′ speedboat.  The owner of the boat allowed her 13 year old grandson to operate the boat while the young boy sat in her lap.

The 13 year old boy made  a sudden and sharp turn, causing the boat to make an 180 degree turn.  The boat then accelerated toward the girl on the innertube.  The girl was hit and knocked unconscious.  She was forced under the boat where she received severe injuries from the boat’s propeller.  The girl received deep gash wounds and lacerations to her upper thighs and lower legs.  Some ligaments and muscles were severed, which required emergency surgery.  The girl spent a few weeks in the hospital before being discharge with a walker.

The girl’s recovery from the injury was difficult.  She had difficulty walking for several weeks, and she experienced ongoing and sharp “nerve” pain.  She endured more than 14 mos. of medical treatment and therapy.  She was forced to take pain medication for nearly a year.  Her medical bills exceeded $70,000.  Although she made a full recovery (she can walk without difficulty), she now has severe scarring and some noticeable deformity to her upper thighs due to scar tissue and removal.

The grandmother blamed her grandson for causing the accident, thereby necessitating that both be sued and joined as defendants in the case.  Fortunately, DLG discovered that there were two insurance policies that covered the loss. 

The girl’s mother decided to fire their former attorney and hire Mr. Davis.  They claim the former attorney had done nothing on the case for two years, failed to communicate what was going on, and had also made some procedural errors that may have hurt the case. 

Mr. Davis was able to correct the procedural problems, join the grandson in the litigation as an indespensable party, perform more discovery and depositions of witnesses, consult with medical experts about the girl’s need for future care, discover the additional insurance policy, and then negotiate a very favorable settlement for the maximum insurance proceeds available in the case.