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.

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 clot turns into a blood infection.  It spreads rapidly, causing severe pain to your extremities.  It feels as if your “skin is on fire.” 

Then, within 10 days you are dead.

Can it happen?  Absolutely yes.  We are handling just such a case.

The dog bite spread a bacterium known as Capnocytophaga Canimorsus.  This bacterium is commonly found in dog and cat saliva, and it can cause serious problems in humans.

Once the person is infected, he or she becomes increasingly unwell, with initial lethargy, tiredness, listlessness, and subsequent fevers, rigors and embolic events, including necrosis of the extremities (i.e., tissue dies). Multi-system organ failure follows (Hore, 2001). In these scenarios, infection is often fatal, with mortality rates in the order of 30%.

There are cases reported where a dog lick to a person’s exposed wound has caused the bacterium to spread in a human and then cause death.

In our case, a man was bitten on the finger.  He died within 10 days.  His family is devastated.  The dog owner is legally liable for this wrongful death.  All dog owners are strictly liable for their animal’s bites and attacks, except in limited circumstances.

If you are bitten by a dog, no matter how small the wound, please get prompt medical attention.  It may save your life.

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!

KOMO 4 TV has reported previously reported on an alcohol-related auto collision that occurred early Monday morning.  A vehicle slammed into the back of a DOT truck.  A passenger in the vehicle was killed.

KOMO 4 now reports that the person killed was Damien Mendenhall, age 25.  The police have reported that Mr. Mendenhall was not wearing his seatbelt.  The driver of the vehicle, who has been alleged to have been intoxicated, was Shane Gram.  Police report that Mr. Gram smelled of intoxicants, and that he appeared inebriated at the scene.

Our thoughts and prayers go out to Mr. Mendenhall’s family.  We know that this must be a very difficult time for them while they grieve the death of their loved one. 

But what are the legal implications of Mr. Mendenhall not wearing his seatbelt?  Nothing, actually.  In Washington, a victim’s failure to wear a seatbelt cannot be used in a subsequent personal injury suit brought against the responsible driver. 

The defense cannot argue that the failure to wear a seatbelt was a cause of death or of the person’s damages.  The reasoning behind this law is that a negligent actor should not be excused from his/her negligence just because a victim has not worn his seatbelt.

Davis Law Group has handled several wrongful death cases over the last 16+ years, some of them high profile cases.  These types of wrongful death cases are complicated.  They potentially involve several different statutes and laws in Washington that apply to wrongful death claims, and claims against a governmental entity.

Davis Law Group founder, Seattle attorney Chris Davis, recently authored and published his book, Wrongful Death in Washington State.  The book was written for consumers and surviving family members of those wrongfully killed in motor vehicle accidents.  Davis Law Group offers the book for free to citizens in Washington State.

The driver of the vehicle was believed to have been under the influence of intoxicants.  A 25 year-old passenger was killed in the accident.  Our hearts go out to this young man’s family. 

The family of the young man killed in this accident likely has a wrongful death claim against the driver of the vehicle.  There may also be claims against the DOT if the DOT had parked its truck in an unsafe location. 

If it is shown that the driver had illegally consumed alcohol at an establishment, like a bar or tavern, then there may be a claim against the establishment.  This type of claim is often called a Dramshop case.  A Dramshop case exists if a drinking establishment over-serves a patron when that patron had already appeared intoxicated.

Davis Law Group has handled several wrongful death cases over the last 16+ years, some of them high profile cases.  These types of wrongful death cases are complicated.  They potentially involve several different statutes and laws in Washington that apply to wrongful death claims, and claims against a governmental entity.

Davis Law Group founder, Seattle attorney Chris Davis, recently authored and published his book, Wrongful Death in Washington State.  The book was written for consumers and surviving family members of those wrongfully killed in motor vehicle accidents.  Davis Law Group offers the book for free to citizens in Washington State.

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.

The man was actually bitten on the finger.  He went home where his wife cleaned the wound with disinfectant and sterile bandages.  But the wound continued to hurt and then started to ooze puss.  The man visited the hospital two days later, where he went into a septic shock.  A blood clot formed in his leg, and then suddenly released where the bacterium went through his body and into his heart.  The man was pronounced dead 10 days after the bite occurred. 

The medical examiner determined that the cause of death was capnocytophaga canimorsus. This refers to a common bacteria found in the saliva of dogs and cats.

Dog bites affect 2 million people every year.  Although death from a dog bite infection is rare, it can happen as the above case amply illustrates. 

Inflammation at the site of the dog bite is the most common sign of infection. Redness and swelling generally develop within 8 hours, but it can take up to 24 hours.  You may notice increased warmth around the wound.  This is also a sign of infection, as is pus or a white discharge. If lymph glands become enlarged or sensitive, this can also be a sign of infection.  Another sign is reddish streaks on the arms or legs radiating from the dog bite wound.

If  you are bitten, seek medical attention immediately.  Even if you think the wound is not serious, an infection can quickly spread and cause serious problems, including death.

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.