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.

The lawsuit is being filed by the Estate of Kenneth D. Bock for Mr. Bock’s wrongful death.  According to the complaint, Bock was working at Chain Lake Mini-Storage in Monroe, WA on February 9, 2010 when the defendant, Konrad Haskins, visited the facility with his dog Buddy.  Haskins allowed his dog to roam free on the Chain Lake property.  The dog then bit two men, including Mr. Bock.  The bite to Mr. Bock was on his index finger.  Soon after Bock developed a life-threatening infection and died ten days later. 

Bock was diagnosed with Capnocytophaga canimorsus sepsis which is a bacterium commonly found in the saliva of cats and dogs.  This bacterium can, as in Bock’s case, result in multiple organ failure due to compromised circulation, renal failure, meningitis, systematic rotting of the flesh, and ultimately death. 

Dogs are the most common household pets in the United States.   The Center for Disease Control estimates that 50% of all Americans will be bitten by a dog during their lifetime and that approximately one million dog bites occur annually.  Capnocytophaga canimorsus sepsis is the main human pathogen associated with dog bites.  The organism frequently causes septicemia, meningitis, endocarditis, and sometimes ocular infections.

“This is a very tragic case that never should have happened,” says Chris Davis, the Bock family’s attorney.  “We know that Mr. Bock was the second person bit by the Haskin’s dog on the day in question, which tells us that Mr. Haskin knew his dog was a danger to other human beings when Mr. Bock was bitten.”  According to Davis, Mr. Bock died a very painful and agonizing death.  “We know that the bacterium from the bite led to multiple organ failure and tissue necrosis – it means that Mr. Bock literally ‘rotted to death’ according my medical experts,” states Davis. 

The complaint alleges that Haskins had prior knowledge that the dog had vicious and/or dangerous propensities that could lead to an attack on humans since the dog had previously bitten, injured or acted aggressively toward other people.  By failing to control the dog the defendants were willfully putting the public in danger.

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About Attorney Christopher M. Davis

Christopher M. Davis has been a licensed attorney in the state of Washington since 1993 and is the founder of the Davis Law Group.  He is the author of several books about injury law including When The Dog Bites: The Essential Guide To Dog Bite Claims In Washington in which Davis explores the legal rights of dog bite victims; outlines the legal and settlement process for dog bite claims; gives tips on dealing with insurance companies; answers common questions asked by dog owners and bite victims; and address legal issues that are often present in animal attack cases. You can learn more about Chris Davis and the Davis Law Group by visiting www.DavisLawGroupSeattle.com.

Media Contact:
Mischelle Weedman-Davis
Davis Law Group, P.S.
Mischelle@DavisLawGroupSeattle.com
Office: 206-727-4000 x102

This woman then caused a car accident by rear-ending my client at 30 mph.  Her car was totalled.  When police arrived they also smelled alcohol on her breath.  The officer administered a portable breath test which resulted in a BAC of 0.03.  The legal limit in Washington is 0.08.  The officer declined to arrest the woman, believing she was not “impaired.”

The woman she rear-ended is my client.  I’ll call her Beth.  Beth had been in a delivery van on her way to deliver some produce to a customer.  Upon impact, Beth felt her neck “pop” which whipped her neck back and forth.  She felt immediate pain at the scene.  Beth followed up with a visit to the local emergency room.  The ER doctor diagnosed a neck strain and prescribed some narcotics for pain.

Over the next 4 weeks, Beth’s cervical spine pain grew increasingly bad.  She finally had an MRI which showed a large disc herniation impinging her spinal cord.  Beth’s doctor immediately referred her to a neurosurgeon.  That doctor recommended immediate surgery.  The procedure consisted of an artificial disk replacement.

Beth still has ongoing pain in her neck and down her arms.  Although the surgery was successful because it greatly diminished her symptoms, it did not cure them by any degree. 

Beth recently received a CT scan which showed ongoing pathology at the C4-5 and C5-6 discs.  Beth will likely need ongoing treatment and medication to manage her ongoing symptoms.  Her medical bills now exceed $90,000, and this amount is likely to double within Beth’s lifetime.

Meanwhile, the woman who caused the accident by using her cell phone received an $85 ticket for inattentive driving.  She paid the fine, and no action was taken against her license.  The woman works as a paralegal for a local Bellevue attorney.  The woman has gone on with her life as if the accident had never happened.

The woman’s insurance company, Encompass Insurance, has refused to pay out the policy limits of $250,000 to settle Beth’s claim.  Instead, the Encompass lawyer has requested Beth’s medical records going back 20+ years in an attempt to find out if Beth had a pre-existing condition.  Encompass argues that Beth’s visit to a chiropractor 15 months before the accident proves that the spine surgery was due to a prior condition, and not the car accident. 

Beth has now incurred thousands of dollars in attorney fees and costs to force the woman’s insurance carrier to pay for her medical bills.  Afterall she says, I’m not trying to get rich.  I just want my medical bills paid so I don’t have to declare bankruptcy. 

All Beth wants is a little justice.  She reminds me repeatedly — I wasn’t using a cell phone while driving, the other woman was.  Why am I now being treated like I’m trying to milk the system?  My answer is the same answer I give to many of my clients: that’s the system, I explain.  The insurance companies will always try to blame the victim or force you to incur enormous expense by filing a lawsuit to pay for damages that were caused by another driver’s negligence.

In this case, the driver’s negligence was using a cell phone while driving.  Oh, and drinking some alcohol to boot.  Don’t worry Beth, I will continue to fight for you.  We will obtain justice.

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!

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. 

Seattle attorney Chris Davis of the Davis Law Group in Seattle announces that he has recently published his fourth book in the field of personal injury and accident law.  This book, “Wrongful Death in Washington” focuses on the wrongful death claims.

In the book, Mr. Davis discusses the following topics:

1. Basic Facts About Wrongful Death Cases.

2. Planning a Funeral After a Wrongful Death.

3. Overview of Washington State’s Wrongful Death Laws.

4. The Pre-Litigation or Claims Process for Wrongful Death Claims.

5. The Wrongful Death of a Child.

6. Determining the Value of a Wrongful Death Case.

7. Specific Damages Recoverable in a Wrongful Death Case.

And many more topics of interest to surviving family members who may be contemplating a wrongful death case.

“I really wrote the book to help surviving family members, by answering the most common questions my firm gets from prospective clients,” says Davis.  The book has received some favorable reviews from other attorneys across the country and in Canada, states Davis.

Seattle lawyer Chris Davis has been handling wrongful death cases in Washington State for the last 16+ years.  Most recently, Davis recovered $4 Million for the surviving family of a woman that was killed in Kent, Washington.  That case was featured on Seattle’s KOMO TV News.

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.