Take, for example, the case of a 25-year-old day laborer named Rick who was seriously injured as a passenger on his way to the beach with a few of his friends.  Rick’s injuries were severe and permanent, rendering him unable to work anymore. The other driver (the defendant) was clearly at fault, since he crossed the center line and hit the vehicle Rick was riding in head-on. 

The defendant driver’s liability insurance carrier said there was a total of just $25,000 on his policy, so Rick would not be able to recover any more compensation than this for his significant injuries.  Rick’s medical bills alone exceeded $100,000.

Rick had consulted several lawyers in Seattle who declined his case, saying there was limited coverage (the $25,000) and his bills already exceeded $100,000.

Then Rick spoke to a friend who referred him to Davis Law Group.  We determined that while the vehicle Rick was riding in did not have underinsured motorist (UIM) coverage, the trailer it was pulling did have coverage though his friend’s father, a small business owner with a commercial insurance policy. 

I was convinced that there was UIM coverage through this policy, which would allow Rick to collect the full amount of his injuries.  We negotiated and “worked” the case for over a year, finally convincing the insurance carrier that Rick should collect on $500,000 in additional insurance coverage.

Rick ultimately found additional coverage from the limits of the trailer’s commercial policy.  These additional settlement proceeds were placed in a special needs trust, which allowed Rick to keep receiving Medicaid.  Rick was able to spend his settlement proceeds on other necessities.  By fully investigating the case and understanding insurance law, Rick was able to recover much more compensation and provide for his future medical and financial needs.

Although Rick’s case turned out successful, I cannot help but think of all of the other accident victims who decided not to consult with a lawyer before accepting a “final” settlement offer from the defendant’s insurance company.  For every case like Rick’s, I bet there are at least a few hundred similar cases where the accident victim likely recovered much less compensation than what was possible because they did not elect to consult with an experienced personal injury lawyer. 

Please, if you have been seriously hurt in an accident caused by someone else, you should at the very least consult with experienced counsel to make sure you are getting the best result possible.

On Thursday a man was killed on a Microsoft construction project in Redmond.  The man was identified as Randy James Beutel, age 23.  According to reports, the man was killed when thousands of pounds of rebar fell on top of him.  He was crushed to death and suffered a skull fracture.

As is customary for all construction injuries and fatalities, the Washington State Department of Labor and Industries (L&I) is investigating the accident. L&I officials reported that the victim worked for the company known as RPM Steel of Auburn.  RPM Steel is a subcontractor to the Turner Construction Company.

In these types of cases, the General Contractor (GC) has the primary obligation to maintain safety standards and to prevent hazards on a construction site.  This duty cannot be delegated to another subcontractor.  In this case, the victim was apparently working for a subcontractor.  So the question is whether his death was caused by some act or omission by Turner Construction Company.  If there is evidence to show that Turner failed to exercise ordinary care, then a wrongful death claim may likely be pursued against Turner.

Wrongful deaths in construction zones are complex cases.  It is absolutely imperative that investigation begin promptly and that experts be retained early on.  Often times the powerful construction companies and their insurance companies will retain the most qualified and astute experts in an effort to stall or even prevent a successful claim by the victim. 

I have written extensively in prior posts about Washington state’s wrongful death laws.  These laws are also complex and may only allow claims in certain fact patterns.  The damages recoverable under these laws are specific and narrow.  For this reason, it is usually necessary to hire appropriate experts in the fiels of economics, psychology, vocational, and medicine to prove the extent of damages suffered by the deceased, the estate and the survivors.

My heart goes out to this young man’s family.  What a horrible way to die.  Based on my review of the reports so far, it appears this tragedy was preventable.