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.

There were a total of 30 weekly Scholar Athletes chosen during the 2009-10 school year.  The banquet was held to honor each athlete and their families, and to choose the male and female Scholar Athlete of the Year winners.

If the number and quality of comments we received from parents, coaches, and the scholar athletes was any guide, then the banquet was a resounding success.  Everyone was very impressed with the quality of the event, as well as the speakers involved.

Bill Wixey, anchorman for Q13 Fox News attended the event.  He gave a very inspirational speech and asked the scholar athletes to find what they love to do and stay with it.

Seattle Seahawk Kelly Jennings also attended.  Mr. Jennings gave a very moving and powerful speech.  He recounted how he continually worked to realize his dream of obtaining a college education (he ultimately received two college degrees) and to make the pros.  Mr. Jennings urged the scholar athletes to keep working hard, even in the face of setbacks, which will undoubtedly arise.  He ended his talk with a very moving and powerful poem that has helped guide him and provide inspiration in his own life.

The event ended with the announcement of the winners for the Scholar Athlete of the Year.  This year’s winners were Hunter Colegrove of Bonney Lake High School and Alexis Court of Liberty High School.  Each of them were more than worthy of receiving this award, which included a $1,000 scholarship each to the college of their choice.

To all of the scholar athletes, congratulations on a fabulous year.  Each of you were picked to recognize your accomplishments and leadership.  All of you deserve it.

And thanks also goes to the Davis Law Group staff who helped with the planning and logistics of the banquet.  All of  you did a fabulous job.  Congrats!

Unfortunately, “backing up” accidents become more common as the weather gets nicer and more children start to play outside.  Every parent should double-check the rear of his/her vehicle before exiting the driveway.  Every child should be accounted for before someone starts the car in reverse.

This is the second time this week where a child has been fatally hit by a vehicle backing out of the driveway.  Earlier this week a 3 year old girl on a tricycle was killed when a vehicle backing out struck her without warning.

Our hears and prayers go out to the family.  This is tragic, and we feel very sad for the father and the child’s mother.

Either side may request a deposition at any time, but the request is most likely to come after you and your attorney have responded to interrogatories (written questions) and requests for production of documents.  If your deposition is requested, it is very important that you prepare for this with your attorney. 

Your conduct at the deposition can influence the value assigned to the case and also affect the likelihood of whether the case will settle before trial. A deposition is a little like an oral version of interrogatories.

Many of our clients at Davis Law Group are nervous before depositions, but that is quite common especially if it is your first deposition.  Not to worry however.  Your lawyer will be there to observe throughout the deposition and can object to inappropriate questions or ask for breaks if you need them. This is important, because it is essential for you to stay calm and professional during a deposition.

The deposition is the first opportunity for the other side to evaluate you in person, so you should appear neat and as confident as possible. You should usually dress neatly and conservative so you make a good impression.

Your lawyer (or his or her staff) should prepare you ahead of time for the questions in your deposition. You may be asked to attend a meeting where you review all of the written information your lawyer has, as well as any responses you gave to interrogatories. It is especially important to make sure that your testimony is truthful and consistent with these interrogatory responses, because the lawyer for the defendant will probably question you closely about any inconsistencies. This process should also help refresh your memory about the details of your injuries, your treatment and your recovery.

At your deposition, you will probably start by reviewing the information in your written interrogatory responses. The deposition is an opportunity for the other side’s lawyer to clarify or have you explain those written answers, and to obtain additional information. As we said, it is important to make sure that your testimony is truthful and consistent with your interrogatory responses, so the other lawyer does not spy a seeming inconsistency between your oral testimony and your written testimony.

Your answers in a deposition should be based on your own personal knowledge; do not guess. If you do not know or remember the answer to a question, you should say so. Many people feel embarrassed to admit they do not know something or had a memory lapse, but these things are quite common.  No person is expected to remember every little detail about past events.  It is only human. But when you are under oath, it is important to be as straightforward as possible.

As with the written discovery, you may feel that some of the questions are invasive or do not directly relate to your accident. However, unless your lawyer objects or tells you not to respond, you should answer every question in the most honest way you can. The court rules actually give wide latitude to the lawyer on what questions can be asked, or what areas can be covered.  If some of the questions upset you, you can usually take a break during your deposition testimony, although you may have to respond to any unanswered questions first. If you would like a break, you can simply tell your lawyer. If the break is allowed, you will be permitted to get up, walk around, get a drink of water or just clear your head.

Your deposition is a very good opportunity for you to answer the defense attorney’s questions succintly and without interruption.  The deposition is one of the more important legal proceedings in your case.  So please make sure you prepare for it and ask your lawyer any questions to help you feel more at ease.

A quicker settlement may be accomplished if there is little or no question that the other driver is at fault for causing the accident and your injuries. It may also happen when liability is still in question, but your injuries are very severe.

During the pre-litigation process, your lawyer verifies that the at-fault person has insurance coverage, and then determines whether your own insurance policy provides coverage for the accident. Your lawyer will also investigate the facts surrounding the accident, reviewing the police report, interviewing the witnesses and inspecting the scene of the accident in order to get the best possible information on how the accident occurred and who is at fault. The lawyer will also review your current and prior medical records in an effort to understand your claim and to prove that your injuries were caused by the accident and not some other preexisting medical condition.

After thoroughly investigating your claim, your lawyer may then begin to determine the value of the claim. There is no magic formula when it comes to evaluating personal injury claims.  Generally speaking, a case is worth the amount of damages inflicted on the person who has been injured.  These damages may be easy to calculate, like past and future medical charges, lost earnings, lost earning capacity, and property loss.  But the law also states that the injured person has the right to recover compensation for other “intangible” harms.  It is these “intangible” harms that are more difficult to calculate.  Such harms may include those subjective harms that the person has experienced from the injury, including pain, agony, disability, loss of enjoyment, inconvenience, and mental anguish. 

The intangible harms suffered by the accident victim are purely subjective, difficult to determine and often vary among the people (or jurors) who are deciding the case.  Ultimately, the value of a case is determined by the jury (or a judge if no jury demand has been filed).  Both sides – your attorney and the insurance company or defense lawyer — are continually trying to evaluate how a jury might see the case and how much money a jury might award.  Then each side will assign a value or a value range, and try to negotiate a settlement close or above each side’s own range.

Often times it may take many months or years before the value of a case can be adequately assessed.  One reason for this is because of the slow progress of the person’s recovery or rehabilitation.  Another reason is due to the complexity of the injury or condition which may cause a significant delay in a firm diagnosis by the treating physician.  In many instances a case should not be settled or resolved until the person obtains maximum improvement following the accident, and this can also contribute to the delay of achieving a reasonable resolution of the case.

In most cases the value of a claim is driven primarily by the extent and severity of the person’s injuries.  Other important factors to consider include the type, extent and frequency of past medical treatment and the need for future treatment.  I also rely on several other factors to help me determine the case value.  These factors may include, but are not limited to, the client’s likeability as a witness and his or her credibility, the facts of the accident giving rise to the case, the extent and permanency of the injuries, the client’s age, whether the client missed time from work, the identities of the at-fault insurance company and its defense attorney, specific legal or evidentiary issues involved in the case, the county or venue where the case has been or will be filed, and the amount of settlements and verdicts for similar types of cases that I and other lawyers have handled in the past.

You should note that no two cases are alike, even if the accident and/or injuries involved are nearly identical.  This means that the evaluation of two cases which appear to be similar on the surface may actually produce widely different evaluations due to the other factors involved in the case.  Evaluating personal injury cases takes a lot of knowledge, experience and some hard-earned intuition.  Usually a lawyer that has experience trying cases in front of a jury develops a good understanding on how to evaluate the worth of any given claim.  Without these traits you may be at a serious disadvantage when negotiating with the insurance adjustor.  And unless you are in the business of evaluating and settling personal injury cases for a living, you should usually look to an experienced personal injury attorney for guidance.

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.

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.

The full extent of your injuries may not be obvious immediately after an accident. Some people may feel that they did not sustain a serious injury, only to discover weeks or months later that what they initially thought was a minor injury has worsened and may require significant medical treatment. Because of this possibility, one of the things you should do after an accident is see a doctor for a full evaluation. Depending on the type of injury, it may be best to consult with a specialist. Be certain to tell your doctor about all of your symptoms, no matter how minor they may seem. You should see this doctor as soon as possible after your accident, so the doctor can properly document the full extent of your injuries. This documentation is important because it creates a clear record of your injuries and treatment, which is essential in a legal claim.

Immediately after the accident, it may be difficult even for the most experienced doctor to tell you how long you will require medical treatment. Depending on your injuries, you may need follow-up care for the first few weeks or months after you leave the hospital. For extremely serious injuries, you may need long-term or even lifelong care. Because it is often difficult to predict your needs early in a case, it is important for you to be vigilant about your health. If you notice a change in your symptoms, you should be certain to tell your doctor about it. You should also, of course, actively participate in your own recovery by following your doctor’s orders, taking your medications and undergoing whatever rehabilitation or treatment your doctor recommends.

Your lawyer will also need to know about changes in your condition and how they affect your life, so he or she can explain the full extent of your injuries and damages to the insurance company and ask for the fairest settlement of your claim. To help your lawyer, you should keep a written record of your medical treatment and how your life has been affected by your injuries. This will also help you refresh your memory later, in case your claim goes to trial months or years after the accident. 

When your treatment is completed or your doctor feels you have reached maximum medical improvement, your lawyer may request additional medical records, to better understand how the injuries will affect you in the future.  Sometimes your lawyer may want to consult with a separate specialist hired for the sole purpose of reviewing your records and giving opinions about your injuries in trial if necessary.  This may occur if there are problems proving your injuries, or serious questions about the extent of your injuries and future prognosis.

In any event, the lesson to be learned by all personal injury accident victims is to diligently follow through with  your treatment.  Follow your doctors’ orders and recommendations.  Everything you do or don’t do during your treatment will be scrutinized by the other party’s insurance company or a defense lawyer if the case goes into litigation.

Sorry to disappoint but…… my stock answer is usually, “It depends…”  Depends on what?  Well, many things really.  In any given claim there may be one or two dozen factors that may affect value.  Here’s a partial list:

1. Extent of injuries – Are they permanent or only temporary?  Obviously, a permanent injury represents a greater value than if the injury eventually resolves.
2. Cost of care – How much treatment have you received?  A person that needs medical care for the rest of his or her life will have a much bigger claim then if the person only needs care for 6 mos.
3. Effect of injuries – Are they catastrophic and/or life-changing? Or can the person do everything he or she could do before the accident?
4. Facts of accident – Was the accident severe and dramatic, or was it a minor fender-bender with not much visible damage to the vehicle?
5. Is the injured person likeable, trustworthy, and will make a good witness?  I always tell my clients that juries have an easier time awarding high damages to people they respect, admire and like.
6. Pre-existing medical history – Did the victim have a non-existent medical history so I can more easily prove that the subject accident was the sole cause of the injuries and ongoing complaints?  Or does the victim have numerous prior and similar injuries or symptoms before the accident so a defense attorney can raise serious questions about whether the accident was the cause?

These are examples of the most common factors that can affect the value of a personal injury case.  But there are many others.  Because there are so many variables that go into an evaluation of a personal injury claim, no two cases are alike.  That means two cases that appear to be similar or identical on the surface (same injury, same treatment, etc.) can actually produce widely different settlements or verdicts.

As a lawyer who routinely evaluates personal injury cases, I can also tell you that it may take time to determine the real value of a case.  Some injuries can take months or years to resolve, or before a person reaches maximum medical improvement.  I may not have a firm handle on the value of a claim until the person goes through many months or years of treatment.  Often times medicine is a slow process of ruling out potential or competing diagnoses.  Some injuries just take time to resolve.

Contrary to popular belief – THERE IS NO FORMULA one can use to determine the value of a personal injury case.  Some people think you only have to multiply the medical bills by a factor of 2.5 or 3 (or any number) and that’s how you come up with value.  I wish it were that simple.  Come to think about it, if it were that simple I’d be out of a job.  There would be no use for an attorney because you and the insurance adjuster could merely use the formula and then settle the case.  It just doesn’t happen, not unless the adjustor convinces you that some formula does exist.  If that happens, the adjustor will use the “formula” to produce a very low settlement offer with the hope you’ll accept it. I have seen adjustors use a “formula” in an effort to show the victim that the settlement offer is “fair” and “objective.”  Some people fall for it.  Many don’t. 

To sum it up, no one really knows the true value of a case, unless it’s the jury who hears all of the evidence and makes an award at the conclusion of a trial.  Unless that happens, the attorneys and insurance company try to predict how a jury will see the case and then assign a settlement value less than this number.  It really is somewhat of an art, and it takes a lawyer who’s gone to trial several times to really gauge how juries decide injury cases, and it also helps when trying to predict how a judge might rule on the common legal issues involved in personal injury cases.  A judge has an enormous amount of discretion when it comes to deciding which evidence comes in, and what stuff stays out.  So a lawyer who has tried cases and argued motions before a judge will have a better idea on what evidence may likely come in or out in any given case.

If you want to know the likely value of your personal injury case, you should use a professional.  This is especially true if you have a bigger claim, or if you have injuries that are fairly severe, lasting months, and/or when the medical bills exceed a few thousand dollars.  Don’t take chances by damaging your case based on statements you make to the adjustor, or by settling the case for an amount that is far less than what may be fair and reasonable given the facts of your claim.