As he was riding his Harley, a car pulled out in front of him.  He braked suddenly, and had to lay the bike on the road.  Unfortunately, the motorcyclist still hit the front fender of the car.  This catapulted him over the vehicle at least 50 feet in the air.  He landed on his head and shoulder.  He suffered multiple fractures to his legs, pelvis, arm, low back, shoulder dislocation, and a traumatic brain injury.  The guy was lucky to be alive.

It turned out that the driver was 19 years old and unemployed.  He had no insurance on the car.

In Washington, there is a type of auto insurance called Uninsured or Underinsured Motorist coverage.  This is coverage that will protect you if you’re hit by an uninsured driver.  In Washington, UM/UIM coverage must be offered on your vehicle unless you reject it in writing.

Unfortunately, the mandatory UM/UIM coverage does not apply to motorcycles.  This means you must specifically request UM/UIM coverage on your bike, or it will not be offered. Most motorcycle riders are not aware of this.  They think if they get “full coverage” it means they are fully protected.  Not so.

The most important type of insurance coverage a motorcycle rider can get is UM/UIM.  This is because more often than not the other driver either does not have insurance, or does not have enough insurance.  The injuries to motorcycle riders are usually much more serious (for obvious reasons).  That means the medical bills are usually a lot higher – sometimes several hundreds of thousands of dollars. 

The guy who was seriously injured on his bike was understandably upset.  Without insurance, there was nothing I could do for him.  Unfortunately, I get similar calls from other motorcycle riders at least a handful of times each year.

If you are a motorcycle rider, please, please, please…. Call your insurance agent right now and ask for UM/UIM coverage with the highest limits  you can afford. You will be doing yourself, and your family, a very big favor.

One common defense is to suggest that the victim suffered from similar injuries before the accident, or that the victim was predisposed to the type of injury he or she suffered.  We at Davis Law Group have had cases where the insurance company actually relied on a medical record that pre-dated the motor vehicle collision 15 years earlier!  Even though are client was symptom-free for more than 12 years, the insurance company still tried to argue that her “pre-existing” injury predisposed her to an injury 15 years later in the car accident!  That gives you some idea as to how absurd some of the defenses the insurance company will allege.

Yet another defense is to try to prove that the victim’s injuries were not caused by the accident, but by other events in the victim’s life (e.g., a prior fall, prior accident, or some other medical condition). When insurance companies cannot dispute fault for the accident they may resort to the age-old tactic of attacking the accident victim’s character or preexisting medical history.

A good lawyer will successfully challenge these common defenses and help the victim present his or her injuries clearly, concisely and coherently.

For example, even if you suffered from a similar medical problem (such as a back or neck condition) before the accident, your lawyer can help you prove that your previous injury was made worse as a result of your accident.

 Washington law supports the premise that a wrongdoer “takes his victim as he finds him.” This means victims are entitled to recover full compensation even if they were particularly susceptible to an injury, or predisposed to experience greater pain or suffering than could have been foreseen by the defendant.

For example, you have a bad back that never required surgery, but then you are involved in a serious car accident that aggravates the back condition enough to require surgery, you are entitled to recover compensation for the surgery. After all, you would not have needed it if the accident had never happened.

If you have a claim where the insurance company seems to be looking for any fact, circumstance or excuse to deny your claim or lessen its value, it’s time for you to speak with an experienced attorney.  Don’t try to fight the company alone.  With its vast resources and knowledge, the insurance company can be a very formidable opponent.  The things you do or say early on in the claim process can make a difference on whether you achieve a successful outcome.

As you work to resolve your accident claim, you may hear insurance adjustors, lawyers and doctors talk about different degrees of injuries. You may hear injuries described as minor, moderate, severe or catastrophic. Minor or moderate injuries can be injuries such as sprains, strains, fractures, bruising or superficial cuts. These may be painful, but they usually heal well and quickly, with minimal medical treatment.

You may hear insurance adjustors refer to “soft tissue injuries.” Soft tissue injuries are injuries to the non-bony parts of the body, such as internal organs, nerves, muscles and connective tissues. Sprains, whiplash and pulled muscles are all types of soft tissue injuries. Even if you have a bruise over the affected area, you and your doctor may not realize you have a soft tissue injury under the bruise, because it can be hidden from sight and hard to detect with tests. Soft tissue injuries may heal quickly, but some do not. Some can even result in chronic pain and disability, which can be permanent if not treated properly. Typically, it is harder to recover substantial compensation in these cases than in cases involving serious or catastrophic injuries.

A catastrophic injury is a serious injury that is expected to permanently change the victim’s life. Examples of this type of injury include burns, amputations, spinal cord injuries, paralysis and head injuries (also called traumatic brain injuries). These types of injuries result in the most significant settlements and verdicts, because the injuries can be proven objectively and are more obvious to the insurance company or a jury.

Although catastrophic injuries are obvious in most cases, sometimes the full extent of the injury is not immediately revealed. This is especially true when the victim has suffered a traumatic brain injury, also called a closed head injury. In some cases, the brain may be affected in ways so subtle that only people close to the victim notice changes in abilities, behavior or personality.

A closed head injury can be caused by physical trauma (a hard blow or penetrating wound), a blast wave from an explosion or violent shaking of the head. It often results from actual jostling of the brain. Such trauma can damage the tissues of the brain, which in turn affects the abilities controlled by the damaged tissue.

A concussion is the mildest form of a brain injury, but more serious brain injuries leave their victims permanently disabled. As one often expects, a brain injury may affect many aspects of the injured person’s life, including physical movement, the senses, intellectual ability, creativity and even personality. Sometimes, what appears to be a minor concussion or brief loss of consciousness following a car accident can turn into in a more serious closed head injury later on, with symptoms such as chronic headaches, memory loss, loss of concentration or changes in a person’s personality or behavior.

One of the more severe, significant and complex types of claims is the wrongful death case.  Each state typically has their own laws and procedures governing a wrongful death claim.  In Washington, the wrongful death statutes are complex, both substantively and procedurally.  A personal representative must be appointed by the court to represent the deceased’s estate and the surviving family members.  Only certain surviving family members can recover compensation for the loss of their loved one.  There may be several claims involved in one case – the estate’s claim, and each claim brought by a surviving spouse and children.

The law of personal injury and insurance law is continually changing and evolving.  You should definitely speak with a qualified and experienced personal injury attorney about your claim, especially if it involves permanent or longlasting injuries and/or the loss of a loved one.

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.

 “We now know that at least 1.6 million crashes are caused by drivers using cell phones and texting,” said Janet Froetscher, president & CEO of the National Safety Council. “We know that cell phone use is a very risky distraction and texting is even higher risk. We now know that cell phone use causes many more crashes than texting. The main reason is that millions more drivers use cell phones than text,” she said. “That is why we need to address both texting and cell phone use on our roads.” 

The NSC advocates a total ban on cell phone use while driving.  It says that its study was based in part on statistics from from the National Highway Traffic Safety Administration (NHTSA) and from peer-reviewed research that quantifies the risk of using a cell phone and texting while driving.

Although we at the Davis Law Group cannot state that 25% of the accident cases we handle are caused by cell phone use, we can state that we have noticed a measurable increase in the cases we handle where there is an allegation that the other driver was either talking on the cell phone or texting while driving.

If you’ve been seriously injured in an accident and believe the other driver was using a cell phone at the time, you should speak to an attorney.  Usually the time is limited to collect and/or subpoena cell phone records to verify that the at-fault driver was using a cell phone.  The fact of cell phone use is also a very important factor to use when attempting to settle the claim for maximum value.  We at DLG have had good success at using the fact of cell phone usage as an aggravating factor to achieve an excellent recover for our clients.

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.

Credibility is the trial lawyer’s best weapon in court.  Credibility with the jury.  Credibility with the judge.  Credibility with opposing counsel.  Credibility with the insurance adjustor.  It doesn’t matter who the audience is.  The most effective and accomplished personal injury attorneys have credibility.  They don’t exaggerate the case.  They don’t hide important evidence, or weaknesses in the case.  They command credibility in the courtroom by how they present and argue their client’s case.  The most effective trial lawyer knows that if he or she loses credibility, their influence and ability to persuade is gone.

If you are looking for a personal injury attorney for your car accident, wrongful death case, or some other type of injury claim, you should choose a lawyer that has credibility.

When you first meet the lawyer, does that lawyer appear honest and straightforward?  Does the lawyer appear genuinely concerned about you and your case, or does the lawyer spend most of the time tooting his or her horn?  Can the lawyer answer all of your questions, or at least explain why the question cannot be answered?  Does the lawyer come across as personable and respectful, or does the lawyer appear “slick” and “sellsmanlike”?  Does the lawyer make a good impression on you?  If the answer is “yes” then the lawyer will likely have credibility.  That lawyer will then usually be a very good choice.

When you hire an attorney for  your injury accident or malpractice case, there is a chance that the lawyer may have to go to court.  Can you imagine the lawyer standing up in front of a judge or jury and stating the case on your behalf?  Or are you concerned about this lawyer being the “face and voice” of your claim?

Remember, your lawyer is basically an extension of you and your case.  If the jury doesn’t believe your lawyer, or if the lawyer doesn’t command respect and attention in the courtroom, then the lawyer may not be the best choice for your personal injury case.

Sometimes a lawyer is just too inexperienced or too young to command the credibility and respect it may take to successfully represent the seriously injured person who brings a claim.  Sometimes the lawyer may be past his or her prime, and therefore does not have the energy or passion needed to do the best job possible for the client.

It often takes several years or more for a lawyer to develop his or her credibility with a judge or a jury in serious injury cases.  If a lawyer has tried several cases in court, then he or she will often be very relaxed and comfortable in court if your case goes to trial. 

With experience comes wisdom.  The lawyer who has been practicing for several years, will usually have a wealth of experience to draw upon in any given case and this is always beneficial to the client. 

Yes, if you are an accident or malpractice victim who is looking for a lawyer to help you with your claim, choose a lawyer with credibility.  Sometimes it may require that you meet with several attorneys before you meet the right one.  But the lawyer’s “credibility” is often something you’ll feel and recognize in that first meeting.  A credible lawyer is the best choice for your personal injury or accident case.

Whenever we receive a call from an accident victim who already has a lawyer, we always advise that person to work out any dispute or conflict with their current attorney.  Most conflicts or misunderstandings can be worked out.  It just requires both the client and the lawyer to engage in effective communication.

Unfortunately, we will often decline to represent someone who already has a lawyer for a variety of reasons.  There are some cases however where we do agree to take on the case, but only in limited circumstances.  There are unique issues and potential problems with taking over a case from another attorney.  Here are some of the issues that may be present:

1.   The client may owe a fee to the former attorney.  If a client switches or fires his or her personal injury attorney, the former lawyer may have a right to be paid for the work that has already been performed.  Sometimes the former lawyer may have a right to collect a contingency fee if a settlement offer has been made in the case and/or substantial work has been done in the case.  Each case is different.  The terms of the former lawyer’s fee agreement will also have an impact.  What this means is that the client who switches lawyers may also have to pay 2 lawyers. Sometimes Davis Law Group will absorb the prior attorney’s fee claim so the client does not have to pay two lawyers.  But sometimes not, depending on the status of the case and what work is necessary to adequately represent the client’s interest.

2.   A mistake was made in the case.  Many times the client who wants to fire his or her attorney is due to some mistake that attorney has made in the case.  Sometimes this mistake makes it extremely difficult for me to rectify or solve.  Sometimes the mistake can be solved, but at a significant cost to the client.  Often times if the mistake is significant, then I will usually decline to take over. Other attorneys may feel differently so I encourage this person to contact other lawyers.

3.   The case is too far along in the process.  Sometimes the client wants to switch attorneys after too much time has elapsed or the case has worked its way through a substantial part of the claims or litigation process.  For instance, I will usually decline a case that has been litigated for a substantial period of time and the trial date is just a few months away.  In those cases I may not have sufficient time to work the case up in a fashion that I know will produce a good result.  In other occasions the important deadlines in the case may have already passed (like witness list and discovery deadlines) so my job would be extremely difficult to take over at such a late stage.  Again, I have to judge each case separately and decide whether I can actually help this person.

4.   The client may have unreasonable expectations.  Sometimes the person who calls and wants to fire his or her current attorney has unreasonable expectations on what can be achieved in their case.  Perhaps the person is unsatisfied with how long the process is taking.  Unfortunately, the legal process or the rules that apply to the case are often outside the control of the attorney.  If the quickest trial date I can get is 2 years away, that is something outside my control.  Perhaps the client is upset with the attorney’s evaluation of the case, or how much the case is worth.  I may have a similar or identical evaluation of the case so I may tell the person that their current lawyer has properly evaluated his or her claim.  There are no hard and fast rules here, but I can usually tell within the first 10 minutes or so whether the person has unreasonable expectations.  In those situations I advise the client to stick with his or her current lawyer.

5.   The case may have little or no merit.  In some cases the client’s case may not have been strong to begin with.  There are many personal injury attorneys who make promises to their clients when the case is already weak.  Perhaps the case is weak because certain evidence is missing, or the law may not recognize the type of case being pursued.  Sometimes there may be other proof problems, like proving negligence or causation.  Most of the time I would not have accepted the case to begin with, so I usually tell the person to stick with his or her lawyer.  Perhaps the current lawyer knows something about the case that I do not.

We don’t reject every client that wants to terminate their current lawyer.  Many times there are problems due to the lawyer.  Perhaps the lawyer doesn’t communicate very well with the client, or perhaps the lawyer has not evaluated the case properly, or has actually not done the necessary work to achieve the best result.  In many of these cases we will agree to take over the case, as long as we believe there is no chance that the client will be able to work out the conflict that exists with the current lawyer.  Again, each case different.

We at Davis Law Group are highly selective about the cases we accept.  We would certainly like to help everyone, but our resources are limited just like every other law firm out there.  If we believe we can successfully take over the case from your current or former lawyer, we will do so as long as the case meets our selection criteria.

I always advise people that they can avoid the problem of having to switch lawyers by taking the effort to find the best attorney for them in the beginning.  Do some research.  Choose a lawyer that specializes in the type of case you have.

Not only can an individual person be responsible for causing a wrongful death, but so can a corporation or governmental entity as well.  When a wrongful death occurs, the law permits the surviving relatives of the deceased to recover certain types of damages against the responsible party. 

In Washington (like most states), a wrongful death claim is governed by a specific statute that was passed by the legislature.  The wrongful death statute has specific requirements that must be met before a case may proceed.  To bring a wrongful death case, a person called a “Personal Representative” must first be appointed by the court on behalf of the deceased person’s estate.  The Personal Representative may also be known as the Executor or Executrix of the estate.  A petition to appoint the Personal Representative must be filed in court.  The judge must then enter an order appointing the person who will act as Personal Representative of the estate.  The Personal Representative is then legally responsible for prosecuting the wrongful death case on behalf of the estate and certain surviving relatives (also called beneficiaries).

In Washington, only certain designated surviving relatives can bring a wrongful death case.  These surviving relatives are also called “statutory beneficiaries” (because they are designated by the wrongful death statute).  The Washington legislature created what is called a “two-tiered” system of beneficiaries who may bring a wrongful death case.  This means that there are two levels of certain designated surviving relatives that have legal authority to recover damages caused by the death of a loved one.  If none of these designated surviving relatives exist then no wrongful death action can be brought.  In that case, the death of a person, even if considered “wrongful,” cannot recover damages against the responsible party.

In Washington’s “two-tier” system, the surviving spouse and children make up the first tier of authorized beneficiaries.  A step-child is also included in the first tier.  These surviving relatives have automatic standing to bring a wrongful death case for the wrongful death of a spouse or parent.  Often times one of these “first-tier” beneficiaries will be appointed as the Personal Representative by the court to bring the wrongful death lawsuit.

The second tier of beneficiaries who may bring a wrongful death action consists of a parent or sibling of the deceased, but only if this surviving relative was dependent on the deceased for financial support.  There is one exception however.  That is when the deceased child is a minor.  In that case, a parent may bring an action for the wrongful death of a minor child to recover damages for the “destruction of the parent-child relationship” regardless of whether the parent was financially dependent on the minor child at time of death.

But if the person wrongfully killed was an adult, unmarried and without children, only a parent or sibling may maintain a wrongful death action as long as this surviving relative was financially dependent on the deceased at the time of death.  Washington courts have stated that the “second-tier” beneficiary must have been substantially dependent on the deceased for financial support.  The parent or sibling does not need to be wholly or completely dependent on the deceased.  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.  

What constitutes substantial financial dependence?  There are no hard and fast rules.  But Washington courts have generally held that substantial financial dependence may occur where the deceased was paying or contributing to a portion of the parent’s or sibling’s living expenses.  The courts have clearly stated however that services provided by the deceased that one would expect to be provided by a family member is not enough to show substantial financial dependence.  The courts have also held that “emotional” dependence is not enough either.  Without evidence of substantial financial dependence the court will almost certainly dismiss the wrongful death action for failing to comply with the specific terms of the statute.

Washington’s wrongful death statute can produce some very unjust results.  Take for example the situation where the person wrongfully killed is an adult, unmarried and has no children.  Even if the deceased had very close and loving relationships with his or her parents and siblings, no wrongful death action could be brought unless the deceased was financially supporting his parents or siblings.  One would assume that most single childless adults do not financially support other family members.  So when a wrongful death occurs in this type of situation no recovery can be made, no matter how egregious the conduct was that lead to the person’s death.  That is unjust.  The death of an unmarried childless person is no less painful or devastating to a surviving parent or sibling not receiving financial support than it is to a surviving relative who was receiving financial support from the deceased.  This is why many attorneys have asked the Washington legislature to amend the wrongful death statute to prevent these types of unjust results.

When the Personal Representative brings the wrongful death action, he or she does so for the purpose of recovering damages on behalf of the deceased person’s estate and surviving beneficiaries.  Both the estate and surviving beneficiaries each can recover economic and non-economic damages caused to them by the person’s death.  The estate’s economic damages may include healthcare and funeral expenses as well as the deceased person’s net accumulated earnings and benefits expected to have been earned over the course of the person’s life had death not occurred. 

The phrase “net accumulated earnings” refers to those earnings and benefits received after other personal and living expenditures are deducted (e.g., normal living expenses, gifts, contributions, and consumer expenditures).  The law requires that an expert (usually an economist) calculate the present value of the Estate’s expected net accumulation.  Obviously this amount will vary according to the deceased person’s income producing capability.  There can be wide disagreement among the experts on just how much net accumulated earnings would have been earned by the deceased had death not occurred.  For this reason it is very important to involve competent and highly skilled experts in the case who have excellent reputations.

A difficult case can arise when the deceased is a child or when the deceased’s earnings history is sporadic, or when the deceased’s earnings potential has not been fully realized.  In these cases the insurance company and its lawyers will almost certainly argue that any future expected earnings are too speculative to calculate.  In these cases the insurance company will often refuse to pay a large sum of money to compensate for future lost earnings.  For these reasons it is very important that an experienced wrongful death lawyer be hired early to investigate and pursue this type of case.  The experienced wrongful death lawyer can hire the best experts and uncover specific evidence to help prove that the deceased’s potential earnings were much more substantial than what the insurance company lawyers and experts may contend.

When using experts to calculate economic damages, it is important to involve the expert early on in the case.  It is also important to furnish the expert with all of the necessary documentation to help the expert calculate lost earnings and expected net accumulations.  These records may include without limitation employment, tax, educational, medical, bank, insurance, or other financial documents.  In the case of a deceased child or young adult, sometimes the financial records of the parent may help.  Many times the earnings potential of children may closely resemble that of their parents.  In any event, the expert will want to review as many records in the case to help support the expert’s opinion.

Each surviving beneficiary (first-tier or second-tier) also has an individual claim for economic damages.  This might include damages for lost financial support expected to be received from the deceased person had death not occurred.  For example, a surviving child might incur damages for expected contributions to cover the cost of a future college education.  There might also be damages for healthcare expense incurred by the surviving relative which were necessitated by the person’s death (e.g., counseling, psychiatric treatment, or medication).

The losses categorized as non-economic damages may be more difficult to calculate or quantify.  In the case of the Estate’s non-economic damages, these may include a recovery for the loss of enjoyment of life due to the deceased person’s shortened life expectancy.  Also included may be damages for the pain, suffering, anxiety, emotional distress, humiliation, and fear experienced by the deceased person prior to death as a result of the incident that caused death (e.g., a car accident victim who initially survives and is conscious before death).  Many times it may be necessary to hire a medical expert to help establish that the deceased person consciously felt pain, distress or anxiety before death occurred.  Sometimes the testimony of witnesses or passersby’s who had contact with the deceased right before death can help establish that the person was in fact conscious before death and experienced pain and suffering.  Occasionally the autopsy report will help prove the deceased was conscious before death, but often times not.

Each surviving beneficiary also has a separate or individual claim for non-economic damages caused by the person’s death.  A surviving spouse may recover damages for “loss of consortium” which includes the loss of emotional support, love, affection, care, services, companionship, including sexual companionship, as well as assistance, expected from the deceased spouse.  A surviving child may recover damages for the loss of a parent, to include the loss of love, care, companionship, and guidance expected from his or her father or mother.

In the case of an action brought by the parent for the wrongful death of a minor child, the surviving parent may recover economic and non-economic damages as well.  The economic damages may include financial support expected from the child (e.g., if the child were employed and/or contributing toward the parent’s living expenses at the time of death).  The non-economic damages may include damages for the parent’s grief, mental anguish, and suffering caused by the child’s death.

Whether damages are being claimed by the Estate, a surviving beneficiary, or a parent over the death of minor child, the non-economic damages portion of the case can be difficult to determine and present to an insurance company or a jury.  There is no magic formula to apply.  But certain facts may be relevant to deciding what amount of non-economic damages is fair and just.  These factors may include the deceased person’s life expectancy, the deceased person’s health and habits, and the quality of the deceased person’s relationships with surviving beneficiaries.  Many times using an experienced and competent mental health expert (e.g., therapist, psychologist, psychiatrist, counselor, etc.) can help establish and prove the “intangible” loss suffered by a surviving spouse, parent, child or sibling.  Not the least important is to hire an experienced wrongful death lawyer to pursue the case.  The wrongful death lawyer will usually possess valuable knowledge and expertise to assist in proving and presenting damages to the insurance company or jury if the case goes to trial.   

Clearly the death of a loved one is tragic.  An unexpected death in the family can be the most difficult experience to encounter in one’s life.  But if you are a surviving relative of a person who was killed due to the intentional and/or negligent conduct of another party, it is important that you hire legal representation as soon as possible.  A Personal Representative must be chosen and then formally appointed by the court.  In many cases the insurance company investigators and lawyers have already gathered a substantial amount of information to help mount a defense to the anticipated wrongful death action that will be filed.  If you delay hiring a lawyer, it could cause substantial difficulties later on, especially if evidence is lost, destroyed or misplaced.

Christopher M. Davis is the founder and managing attorney of Davis Law Group, P.S., a full service personal injury law firm with offices in Seattle and Bellevue, Washington.  Mr. Davis has been practicing personal injury law for 15 years.  His practice includes cases involving catastrophic injury and wrongful death.  In 2006, Mr. Davis was named a “Rising Star Attorney” by Washington Law & Politics magazine (designation of the top 2.5% of attorneys in the state age 40 years and younger).  In 2007, Mr. Davis was named a “Super Lawyer” by Washington Law & Politics (designation given to the top 5% of all lawyers in the state). 

Mr. Davis has authored a book to help accident victims, “The Ten Biggest Mistakes That Can Wreck Your Washington Auto Accident Case,” and a book about child injury claims, “Little Kids, Big Accidents.”  Both books are published by Word Association.  Mr. Davis lectures other attorneys in matters involving personal injury law, including topics such as wrongful death, damages, suing insurance companies and developing winning trial techniques.  He is a member of the Board of Governors for the Washington State Association for Justice.  Mr. Davis is also member in good standing of the Washington State Bar Association.  He lives in Seattle with his beautiful wife and two young children.

After several months of investigation, information and records gathering, and numerous discussions with the insurance adjustor, the claim was settled for the auto driver’s policy limits.  The DLG client was very satisfied with the efforts by Chris Davis and the Davis Law Group staff on his behalf.

You can watch the client’s testimonial of the Davis Law Group here: 

Satisifed Motorcycle Accident Victim Settles Case l Davis Law Group l Seattle Motorcycle Attorney

The Seattle law firm of Davis Law Group regularly represents motorcycle accident victims all over the state of Washington.  If you wish to speak to a Seattle motorcycle accident attorney for free, please call the Davis Law Group at 206-727-4000.