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.

• The injuries are minor and usually resolve within a few months.
• The medical bills and wage loss are usually no more than a few thousand dollars combined.
• The injuries are not considered permanent, or the injuries did not have a huge impact on your daily activities.
• If the case involves an auto accident, the property damage is not significant.

If you have a small case, here are some guidelines to help you settle the claim yourself:

WARNING: There are some cases that require the assistance of an attorney.  If you have a larger case, and if you try to settle the claim yourself, and do something that may damage the claim, it may cost you a lot of money.  No attorney can “undo” a significant mistake, like a damaging statement you make to the adjuster during negotiations.  So if you decide to represent yourself, you’ll have to accept the risk that you may do or not do something that might permanently damage the claim.  Here are the guidelines if you want to settle your own claim:

    1. Limit your communications with the insurance adjuster until you are ready to settle the claim.  Tell the adjuster that you will finish your medical treatment and then make contact again when you’re ready to resolve the claim.

    2. Make sure most of your communications with the adjuster are in writing, at least until you are ready to negotiate the claim.  It’s important to have a record of all communications so if something happens later on, or if there’s a dispute about what was communicated, you’ll have proof.

    3. You don’t want to settle the claim until your medical treatment has concluded, so make sure you make all of your medical appointments and follow your doctor’s instructions.

    4. All of your claimed damages must be documented so you’ll need to gather all records and documents to support your claim.  You’ll need to collect your medical records, billings, employment records or tax returns if making a wage loss claim, the police report (if one exists), witness statements (particularly if there’s a dispute regarding liability, photographs, receipts and any other written materials that prove or corroborate the damages you have incurred.

    5. You’ll want to draft a settlement demand letter that sets forth the facts of the accident or incident giving rise to your claim, describes your injuries and the damages your claiming. The letter should be organized, legible and concisely written. Avoid exaggeration or puffery.  The letter should be matter of fact and to the point.

    6. For your general damages (e.g., pain, suffering, loss of enjoyment, etc.), you’ll want to discuss all of the intangible ways your injuries have affected you and various aspects of your life (impact on leisure activities, relationships, and work to name a few).

    7. Written statements from others who can verify that you were injured and that the injuries have negatively affected you can be helpful.  For example, if one of your activities is playing tennis or golf then include statements from your golf or tennis buddy stating that you missed playing this activity for a period of time.  This can be very helpful to show the claims representative that the injuries did impact your life.

    8. Ask for a settlement figure that leaves plenty of room to negotiate.  The insurance adjuster is trained to negotiate the claim and offer as little as possible. Just like the first offer from the carrier is unlikely to be the last offer, you’ll be expected to come down off your initial demand figure.

    9. Be prepared to negotiate the claim.  Sometimes negotiations can take place over many days.  Sometimes the negotiations will finish in 10 minutes.  Each case is different.  But prepared to dicker over what the claim is worth.

    10. Be patient.  Negotiation is as much about demeanor and how you come across, than by what you actually say during the process.  If you appear like you desperately need the money, or that you really want the claim to settle immediately, this will cue the adjuster to drag the negotiations out and offer a very low amount to settle the claim. The adjuster will use your impatience against you.  I’ve had negotiations take as long as 6 mos.  If you can be patient, it will pay off.

   Good luck.

    1.  Choose a Specialist.  You should hire an attorney who concentrates his or her practice exclusively in the field of personal injury law.  There are many personal injury attorneys who practice in other areas of the law in addition to personal injury.  This usually means that the attorney is unwilling or unable to practice in just one area and learn everything there is to know in that area.  If you want the best, then I would avoid those attorneys who have multiple practice areas in addition to the field of personal injury.

    2. Experience Counts.  If your claim has a value of less than $50,000, then you should choose an attorney who has at least 5 to 7 years worth of experience representing accident victims.  If your claim is a serious or catastrophic injury or wrongful death, then you should choose an attorneywho has at least 12 to 15 years of experience in the field of personal injury and wrongful death law.

    3. Successful Track Record.  Obviously, you want an attorney who is successful.  Look at the lawyer’s track record.  Does he or she have a history of securing favorable verdicts and settlements?  Not every personal lawyer can obtain the multi-million dollar settlement or verdict, or represent high-profile cases.

    4. Respect.  The lawyer you choose should be respected in the community, and respected by the insurance company.  A lawyer that commands respect as a skilled and competent trial lawyer will get the best possible result in your case.

    5. Trust.  A lawyer can command respect, but not always be trustworthy.  You should trust your lawyer to do what is your best interest, not the best interest of the lawyer.

    6. Good Communication.  The lawyer you choose should be able to communicate with you effectively.  This does not mean that you should be able to speak with your lawyer at any time or day, but has more to do with the lawyer being open and honest about your case and the challenges that may exist.  Most successful lawyers are in high demand so their time may be limited.  If you wish to speak with your lawyer, his or her staff should be able to schedule a time to accomplish this (even if it may take a few days due to the lawyer’s work schedule).

    7. Good Staff.  Alot of the work involved in representing accident victims relies on gathering information and materials to support the claim.  Most successful lawyers need to rely on their staff to order records, schedule depositions, answer routine client questions, and conduct the day-to-day mundane tasks that every case will require.  You should feel like the lawyer’s staff is competent and helpful.  Sometimes personality conflicts may exist, and if that happens be sure to ask your lawyer to assign a different staff person to your case.  Most successful lawyers will want you to feel comfortable with the staff person who is assigned to your case so be upfront about any problems you have.

    8. Community Involvement.  This may come as a surprise, but there are some personal injurylawyers that do not live and work in the area where the office is located!  Some lawyers actually live in another state and then farm out cases to associates.  Do you think that lawyer will be personally or professionally invested in your case?  Probably not.  Make sure the lawyer you choose actually goes to work at that office most days during the week.  If that lawyer participates in other community-building events, then even better.  That lawyer will care about his community and doing the best job possible in your case.

    9. It Shouldn’t Be All About the Money.  Personal injury lawyers often get a bad rap – and rightfully so.  There are too many personal injury attorneys who care only about earning their fee.  Just watch late night TV for the typical ambulance-chaser TV commercial.  A lawyer who cares too much about the fee may put his or her interests above your case.  Look for a lawyer who actually gives back.  If a lawyer makes a sincere attempt to give back, like writing books, donating time to charities, to help other people, then lawyer probably will strive to put your case above his or her own personal interests.

    10. Professional Reputation.  Last but not least, the lawyer you choose should be respected by other lawyers in the same field.  If the lawyer has been recognized as being successful and competent (like receiving awards, or being recognized by other lawyers as being successful), then that lawyer likely has a good reputation in the legal community.  This is also important when trying your case in court.  Many judges will want to know the reputation of lawyers appearing in their courtroom.  A lawyer that has a good reputation will command the respect of a judge and make that judge feel comfortable in relying upon the lawyer’s argument or expertise regarding some legal issue or ruling in your own case.

That’s it, my 10 factors one should consider when choosing the best lawyer for your case.  I hope it was helpful.

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.

This is perhaps the question I am asked most often by clients and prospective clients.  How does one determine the value of a case?  What factors are used to determine value?  How can one maximize the value of his or her case?

Great questions, but often times no easy answers.  Let’s first discuss how personal injury claims are valued.  There are numerous factors that may influence value.  These may include:

1. Who’s at fault?  Just one entity or a combination of entities?
2. Is there comparative fault (fault against YOU)?
3. How much insurance exists?
4. What type of accident or event caused the injury or harm?
5. Extent of injuries?
6. Type, nature and frequency of medical treatment?
7. In what ways have the injuries affect you and your daily activities?
8. Are your injuries permanent and life changing?
9. What are the economic or special damages (medical bills, lost wages, property loss, etc.)?
10. What facts support the non-economic damages (pain, suffering, disability, disfigurement, loss of enjoyment of life, etc.)?
11. Who is the carrier that will be defending the claim (Are they difficult to deal with? Do they fight to the death on every case?)?
12. Will litigation be necessary (and hence lead to more costly litigation expense)?
13. Which venue will the case be tried in (Are jurors there more or less conservative with awarding money damages?)?
14. Who is the judge that will preside in your case (is he/she a defense minded judge or a plaintiff’s minded judge)?
15. How do you (the injured plaintiff) appear as a witness (are you credible, trustworthy, attractive, etc.?)?

There may be many more different factors that can affect the value of your case.  With so many different variables, it can be next to impossible to determine with accuracy what the true value of a case is.

In the end, the value of a case is what a jury says its worth.  That’s why the parties, attorneys, and insurance companies involved try to predict how a jury will decide a case.  But when it comes to predicting how 12 jurors will see the case, there’s quite a bit of speculation involved.

In any event, you’ll want to hire a very experienced and successful injury attorney to work on your behalf.  To uncover and advocate the facts in your favor that may lead to a higher case value.

The important question is: Can the parents be held legally responsible for that car accident?  In a word, yes.

In Washington, there is a law known as the Family Car Doctrine.  This doctrine states that the parents can be held legally liable for the child’s negligence in causing a car accident if the car being driven by the child was owned or maintained by the parents, and the parents provided the vehicle for the general use, convenience and pleasure of the family.

Under the Family Car Doctrine, the parents can be sued individually if their child causes a car accident and injures someone.  That means the parents could be financially ruined if their child causes serious injuries and/or property loss.

Parents need to be careful when letting their children drive their car.  Some steps that parents can take to protect themselves from the loss or damages caused by their children’s use of the vehicle:

1. Think about registering the car in your child’s name, and require that your child actually purchase the vehicle.
2. Require your child to maintain the vehicle by purchasing gas, insurance, and paying for routine maintenance.
3. Take out more insurance on the vehicle that will be used by your child.
4. Think about purchasing a high value umbrella policy which should provide additional coverage if your child causes a serious accident.
5. Maintain strict rules for your child about the use of the family car (no passengers until a certain age, no infractions, no alcohol use, curfew hours, etc.).

Now, even if you utilize all of these precautions it still may not prevent  you from being sued over a car accident caused by your child.  But they will help to minimize and/or eliminate your financial responsibility in a subsequent lawsuit.

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!

Resolving lien claims can be difficult because of the many complex laws that apply to them, and because holders of lien claims are often slow to respond in writing to questions about their liens. Unfortunately, the law does not always say that lienholders are required to respond to your lawyer within a specific time.  Sometimes it takes months to get an appropriate answer. This delay prevents prompt payments of settlement funds to clients like you, and can be frustrating for you and your lawyer. Unfortunately, this time delay may be unavoidable depending on the type of lien and the identity of the lien holder.  Your law firm should work hard to obtain this information and resolve these issues, so that the settlement can be distributed and you can resolve your case.

One example of a complex lien claim that may take some time to resolve is a Medicaid or Medicare lien.  If Medicaid or Medicare has paid for some of your treatment they are entitled to reimbursement of those payments. These federal programs will then have a lien on your settlement. Your lawyer will probably have to hold back a part of your settlement equal to the debt until you can negotiate an agreement and pay the agency. 

Medicare and Medicaid are notoriously slow in responding to information about their liens, so delay is likely.  In some cases the delay may be several months or more.  Again, your settlement funds cannot be distributed until you reach an agreement and pay Medicare or Medicaid to resolve its lien.  This is because your attorney may be personally liable for the lien if it is not resolved. 

When multiple insurers or debts are involved in your claim, this can become quite complex. For example, you might run into complicated lien problems when you have your own private insurance (including a settlement from a personal injury case) but are using Medicare as a secondary insurer. When it is not certain whether Medicare is a primary or secondary insurer, Medicare will make a conditional payment. If it is later determined that some other party was responsible for that payment, Medicare is entitled to a refund from that party, or from you or the health care provider, if one of you was paid by that party. The federal government may place a lien on your property to recover this type of conditional payment.

In addition to Medicare and Medicaid, there may be liens asserted by a state governmental agency.  In Washington, the Department of Labor & Industries (DLI) and the Department of Social & Health Services (DSHS) are common lien holders in a personal injury case.  These departments often provide medical benefits for many people who have been injured in an accident.  When this happens, these departments are granted a statutory lien on your personal injury recovery.  This means that DLI and/or DSHS must be paid back out of your settlement.  However, your lawyer will often be able to get the lien amount reduced to account for your attorney fees and costs incurred in pursuing your claim. 

Another problematic lien is the ERISA lien, which stands for “The Employee Retirement Income Security Act of 1974.”  ERISA is a federal law that gives special rights to employers with respect to health care plans.  Typically the ERISA lien is much more onerous than your typical state law created lien.  For instance, there are certain equitable defenses available to you when dealing with a state-law created health plan lien.  This means that your attorney may be able to compromise or completely eliminate the state law lien, and thereby maximize your settlement recovery.  Not so with the ERISA lien.  Recent federal and Supreme Court decisions have taken many of these state law defenses away. 

Unfortunately, if your ERISA health plan has paid for your medical treatment then you may have to pay back the ERISA plan 100% out of your recovery.  You should consult with your lawyer about the ERISA lien because there still may be certain defenses available so that the lien amount can be reduced or avoided entirely.

The laws governing government lien claims are complicated so it is often best to consult with a lawyer if you have a claim where the government has paid for some or all of your medical treatment and/or income loss.  This is especially true if ERISA applies to your claim.

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.