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 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 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.

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.

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.

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. 

 “Although I practice law in Florida, I have relatives who live in Seattle. So I’m familiar with Washington’s complicated wrongful death laws. Chris Davis’ new book is a valuable resource for grieving families who are dealing with the tragic aftermath of a wrongful death. The book is an easy ready, and discusses the issues and problems that commonly arise in wrongful death claims. No family member should hire an attorney or speak to an insurance company about a wrongful death claim in Washington State until after reading this book.”
~Nancy Cavey, Esq., Cavey & Barrett, Florida 

“Seattle attorney Chris Davis’ new book about wrongful death law in Washington State should be read by every family that is dealing with the tragic aftermath of losing a loved one due to someone else’s wrongful conduct. The book handles a very painful and devastating experience with sensitivity and compassion, and with the goal of teaching family members about the complicated intricacies and nuances associated with wrongful death law. The book deserves my highest recommendation.”
~Brenda Hollingsworth, Esq., Auger Hollingsworth, Ottawa, Canada

 “Chris Davis has hit another homerun with “The Washington Wrongful Death Book.” This is an invaluable guide to anyone who has to deal with the death of a loved one due a tragic accident. Davis not only explains the law but gives no nonsense advice on how to deal with other issues that might arise such as school issues for children who have loss a parent, probate issues and health insurance. There is not one stone that is left unturned. Before you speak to an insurance adjuster or an attorney do yourself a favor and read this invaluable guide.”
~Mike Schafer, Esq., Schafer Law Office, Louisville, KY

 ”Kudos to Seattle lawyer Chris Davis for his new book, “The Washington Wrongful Death Book.”  In his book, Chris explains in plain English how the Washington wrongful death laws help families can seek justice and receive fair compensation after a loved has been killed in an accident or due to medical malpractice.  Family members can read this book in privacy and discuss important issues amongst themselves before before even contacting a lawyer.  It is no wonder why Chris is adored by jurors and a favorite of the national media.  His ability to communicate with sincerity and compassion are apparent to anyone who reads his book.”
~Larry Buckfire, Esq., Buckfire & Buckfire, Michigan

“Where can someone turn after tragedy strikes?  Is hiring a lawyer even the right decision?  What lawyer should they hire?  And what about just trying to get real information from an top-flight wrongful death lawyer, instead of a sales pitch?   Fortunately, Washington State has an answer to these questions and more in the fantastic resource, “Wrongful Death in Washington State.”  Written by nationally-known personal injury and wrongful death attorney Chris Davis, this book answers questions that every family needs answered before embarking on the journey to hire an attorney to help them with a wrongful death action.  I commend Mr. Davis for writing this book.  Far too many top-level injury lawyers act as salespeople, hiding valuable information from the public.  Mr. Davis does what the best lawyers should do: provide real life answers and information about the complexities of Washington State’s wrongful death laws.  Fantastic attorney, invaluable resource . . . a must read to those in need!”
~Mark Breyer, Esq., Breyer Law Offices, Phoenix, AZ

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.

There is a non-profit organization called the Institute for Safe Medication Practices.  ISMP is actually certified by the federal government to collect error reports and other information about quality breaches. ISMP together with the American Society of Health-System Pharmacists are launching a new National Alert Network for Serious Medication Errors. The network will be used to send email alerts to 35,000 pharmacists working in hospitals and health systems, as well as physicians and nurses, when a dangerous or life-threatening error is reported to ISMP.

WSJ reports that there is growing pressure on doctors and hospitals to cut costs, especially in a down economy.  This pressure and cost-cutting may actually result in more medication errors.  Sloppy record keeping, poor organization, and the shortage of staff all combine to increase the chance that a mistake will be made in prescribing a certain medication, or giving the wrong dose, or both.

Consumers can also sign up for customized alerts about the medications they take and report problems they encounter with medications at ISMP’s consumermedsafety.org Web site, and submit reports of errors directly at the FDA at fda.gov/Safety/MedWatch.