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The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· April 26, 2022 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

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Preventing DUI’s

Posted by David Brown 
· April 21, 2022 

CAUGHT OFF GUARD
Perhaps everyone is a little concerned about drinking too much before getting behind the wheel and being pulled over by the police. So many people arrested for drunk driving are shocked to find that their blood level concentration (BAC) has risen above the legal limit – having felt absolutely unphased when they’d begun driving. If you find yourself caught off guard with a high BAC, contact a multi-vehicle lawyer for answers and assistance.

MAKING SURE YOUR BELOW .08
Alcohol debilitation has more to do with reaction time, which is delayed by a mere 120 milliseconds; and since in that amount of time, a car could travel an additional 12 feet before the driver would recognize the need to maneuver. In some states, ignition interlock devices are mandatory for all drunk drivers and even for their first offense. An ignition interlock device, or breath alcohol ignition interlock device, blocks the signal between the ignition and the starter of a vehicle if the breath surpasses the programmed amount. These devices can also be purchased commercially as a preventative measure. The BANVIE Keyless Entry System, for example, is a popular ignition interlock device that will stop the car entirely when triggered by a drunk driver. Other legal consequences of drunk driving include accident expenses, driver’s license suspension, expensive lawsuits, fines, and jail time.

CAUGHT BY A DRUNK DRIVER
After filing a car accident or personal injury claim, victims may be wondering how to proceed. If the blood alcohol evaluation reveals that the drunk driver was indeed over the legal limit,  in most cases it will automatically be considered a no-doubt liability. However, despite this precedent, it is important to collect as much supporting evidence as possible including photographs, recorded on-scene details, police report, and personal medical records. Next, you should contact a car accident lawyer who can properly accomplish this critical task and build the case for you.

MOTOR VEHICLE ACCIDENT ATTORNEY
One guarantee of all drunk driving accidents is that there will be stressful consequences on both sides. If such an event occurs contact a law office right away to consult with an attorney.

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Lawsuit Filed Against Billionaire Elon Musk for Twitter Stock Purchases

Posted by David Brown 
· April 19, 2022 

A lawsuit has been filed against billionaire Elon Musk in a New York federal court accusing Musk of violating a regulatory deadline in which he would reveal he had accumulated a stake of at least five percent in the social media company Twitter.

The complaint, filed by an investor in Twitter named Marc Bain Rasella, alleges that Musk did not expose his position in Twitter until he increased his stake to nine percent in the company. By doing this, it is alleged that Musk negatively affected investors who do not have as much money as he does and sold shares that they had in Twitter about two weeks before Musk acknowledged that he was holding a major stake in the San Francisco-based company. Musk’s regulatory filings reveal that he purchased a little over 620,000 shares at a price of $36.83 each on January 31st and bought more shares every single day after that through April 1. At the time of the filing of the complaint, Musk was holding 73.1 million shares in Twitter, which represents a 9.1 percent stake in the company.

The complaint also states that as of March 14, Musk’s number of shares in Twitter had reached the five percent threshold that then required him to disclose his number of holdings publicly. This requirement falls under the United States security law and Musk should have made his purchase of the shares public by March 24 but did not make the required disclosure on time by waiting until April 4. When it was revealed that Musk had bought a large amount of stock in Twitter, the value of Twitter’s stock rose by 27 percent, valuing the stock at $50 per share, but by concealing the number of stocks he was purchasing, Musk was able to purchase his shares at $37.69 to $40.96.

Rasella seeks to have his lawsuit certified as a class-action lawsuit which will include Twitter shareholders who sold their shares in Twitter between March 24 and April 4.

It is estimated that Musk has a total wealth of about $265 billion. He spent $2.6 billion on Twitter stocks.

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Juul to pay $22.5 million to settle Washington vaping suit

Posted by David Brown 
· April 14, 2022 

Juul Labs, the largest e-cigarette manufacturer in Washington, will pay $22.5 million to Washington State. The settlement was announced Wednesday by Bob Ferguson, state attorney general.

Ferguson stated that the company bombarded social media with colorful advertisements shortly after the product was launched in 2015. This led to teens becoming addicted and a rise in vaping. Ferguson’s office reports that the percentage of high school seniors vaping in Washington increased from 13% in 2016 to close to 21% in 2018.

Juul Labs, who filed the consent decree in King County Superior Court said that they had committed no wrongdoing and that it was “another step” in their ongoing efforts to reset the company and address issues from the past.

Juul reached a $14.5 million settlement with Arizona state prosecutors, only months after it had agreed to pay $40 million in North Carolina. The company also promised not to market its products to minors in these states, just as it did in Washington. This was to increase enforcement for retailers who sell Juul’s products.

The company stated that it will continue to work with state and federal stakeholders to create a science-based, fully regulated marketplace for vapor products.

Juul must cease all advertising targeting youth under the Washington state settlement. It is also prohibited from marketing its products via social media such as Instagram and Facebook. Juul must monitor and report any social media content regarding JUUL products that are posted by underage users.

Juul’s website states that Juul had stopped advertising prior to Ferguson being sued in 2020. It also ended all sales of flavored products, except tobacco and menthol.

Ferguson claims that the secret shopper program is stronger than those offered in previous settlements. Juul must send secret shoppers to Washington-based Juul retailers at least 25 compliance inspections per month. This agreement will be in effect for at least two years. These checks must be done in all 39 counties of the state.

Ferguson’s office stated that secret shoppers must verify that the retailers comply with the requirements to verify an individual’s age and to ensure that the Juul purchase limit of one Juul device or 16 Juul pods per transaction is met.

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Court Rules Against Navy Seals Training in Washington Parks

Posted by David Brown 
· April 12, 2022 

The United States Armed Forces have trained in various areas of the United States for as long as they have been in existence. The Army Green Berets have trained in the ideal terrain provided by the Pacific Northwest Coast of Oregon and Washington for many years, but the Navy SEALs have been halted from pursuing their plans of using these state’s parks as their ninja training locations. The Navy planned to use about two dozen parks in the state for nighttime ninja training, but an activist group fought against this decision, and a judge finally sided with them.

The Navy has been training in some of the recreational areas for over 30 years, but activities were paused due to organized opposition to the renewal of their five-year contract that expired in 2020. The Navy SEAL training permission was rescinded by Judge James L. Dixon in the Superior Court of Thurston County. He ruled that state law does not give the parks and recreation commission the power to allow state parks to be used for military purposes. The Army Green Beret training continued in the state, just 70 miles away in Astoria, Oregon, with very little attention or outcry. Both Washington and Oregon provide valuable training grounds for special operations troops.

One main difference between the approach of these two branches of service seems to be that the Army coordinates with the property owners about the use of their land and facilities. Those opposed to the Navy’s use of state parks had concerns about SEALs making amphibious landings, carrying simulated weapons, and creepily lurking in the dark, which could cause upsetting commotions, and stop some people from using the parks. The SEALs are trained to be essentially ninja, and it is feared that this would have an adverse impact on recreation even if users never saw them at night.

Domestic political tensions were evoked in Judge Dixon’s ruling against the Navy citing several violent situations to help prove his point, from the insurrection of January 6, to the Russian war in Ukraine. He also stated that the parks commission had failed to think about the creep factor of allowing SEALs to infiltrate recreational areas, which would have a negative effect on patron enjoyment of the park.

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The Dangers Of Unsecured Loads And Road Debris

Posted by David Brown 
· April 7, 2022 

Unsecured loads and road debris lead to avoidable yet severe accidents. Road litter leads to about 25,000 accidents every year. Unfortunately, some of these accidents result in death. Debris will often end up on the road if it has not been loaded or secured properly. Apart from the risk of accidents, road debris also results in littering.

Imagine you are driving down the highway at 70 mph, and then you see a piece of metal flying off the back of a truck, hitting your windshield. Or, you could get hit by a driver swerving to avoid being hit by that scrap metal. If you get involved in an accident because the other driver did not secure their load properly, talk to an attorney. That is the easiest way to get compensation for the damage caused. The attorney will discuss with you what your legal rights are and help you take the proper legal steps to secure a fair settlement.

It Is Illegal To Not Secure Your Load

If you fasten your kids’ seatbelts to secure them yet they are in the car, why would you assume it is okay to not secure any load you are carrying on the bed of your truck? Not securing a load will earn you a fine. And if you cause any bodily injury or property damage, you will be held liable and have to compensate the harmed party.

Unsecured Loads Lead To Fatalities

There have been many reports of people dying because a loose object that has fallen from a moving car and hit their vehicle. That is how dangerous unsecured loads are. The impact of a heavy object plus the speed of an incoming car can result in serious injuries or, even worse, death.

Securing Your Load

Here are some helpful tips to keep in mind when transporting heavy equipment:

  • Ensure that all items are directly tied to the vehicle
  • Do not overload your vehicle
  • Ensure that the entire load has been properly secured with appropriate straps, tethers, tarp, and netting
  • Factor in that you might hit some bumps and potholes that can loosen any load that is not well secured
  • Lastly, would you feel safe if you were the one driving behind your load?

Talk To An Attorney

If you get into an accident involving unsecured loads because the other driver was negligent, talk to an attorney. An experienced lawyer knows your legal rights, which means fighting for fair compensation will not be a problem.

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Collecting Damages After a Judgment in Your Favor: It’s All About Timing

Posted by David Brown 
· April 5, 2022 

Although most defendants will be honest and pay the damages you (the plaintiff), are owed, there are some cases where they may try to get around the judge and put obstacles in your way for collection. Often, the intent is to pay as little as possible for as long as possible. These delays may mean:

  • A refusal to pay the judgment outright.
  • Ignore your requests for damages, costs, or legal fees in the hopes less will be accepted.
  • Stalling, so defendants can hide their assets or move them.
  • Running the clock out so you – the judgment creditor – can’t seize what the court has decreed.

What Now?

Remember, if the defendant makes the collection more difficult or extends the collection process, the judgment amount will be subject to interest year-on. The judgment is enforceable for a long time and has many benefits.

Assets can be taken when the defendant least expects them to, even years after they have “let down their guard.” If your client (or you) can afford it, wait until the defendant has enough assets to pay the judgment.

Let’s say, for instance, you were awarded $250,000 in damages as a result of a motor vehicle accident suit. However, the defendant was not doing well financially at the time of the lawsuit. They are both unemployed and have very little savings. They don’t have enough assets to pay the judgment. You would be limited to $30,000.

Imagine that they have been waiting for four to five years and the defendant has a job with a high salary and has made good investments over the years. Their assets total $300,000. You can collect the entire amount due under your original judgment if you try to collect. You can even get more from the defendant due to the accrual of interest!

Take control of the assets

A defendant might move substantial assets “offshore” into foreign accounts after losing a case or having a judgment against them.

A Judgment Debtor’s Examination will force the defendant to appear before the court and provide accurate information about the locations of their assets. You will also be given a Writ to Execution by the court to seize the assets.

Collecting damages after a favorable judgment really is all about timing.

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Lawsuit Calls Seattle Stem Cells Treatments ‘Snake Oil’

Posted by David Brown 
· March 31, 2022 

A stem cell therapy center and its owners in Seattle are accused of engaging in a patient-funded research scheme. Washington State Attorney General Bob Ferguson in March filed a lawsuit against US Stemology and its owner while calling the scheme a modern version of “snake oil” sales done via the Seattle Stem Cell Center.

Ferguson accuses the center and its owners of bilking 107 people of about $750,000, Ferguson says the center charged patients up to $10,000 each for stem cell treatments that they claimed would help to cure a variety of ailments. Those ailments include COVID-19, Parkinson’s, asthma, and many other diseases and medical conditions.

Ferguson accuses the center of engaging in “unproven treatments” as part of a patient-funded research scheme. He also says the stem cell center’s staff and its owner falsely claimed the costly treatments were part of clinical trials.

Ferguson says the alleged clinical trials did not follow accepted standards for peer-reviewed scientific research. There was no independent review of the alleged research. The only review done was by the center and its staff.

Ferguson says he became aware of the scheme when a Washington resident complained. The resident said the Seattle Stem Cell Center’s staff were claiming the treatments helped to prevent people from catching the virus. They also claimed the treatments help to cure COVID-19 and a critically ill patient had recovered because of the stem cell treatments.

Despite the claims of the center’s staff and owner, Ferguson says there is no reliable scientific evidence to support them. The center removed its online ads promoting its stem cell treatments after receiving a cease-and-desist letter from Ferguson.

But the Washington State Attorney General says he discovered the center’s staff is making similar claims about a variety of other ailments with no scientific data to support them.

Ferguson initiated an investigation in June 2021, which he says caused the stem cell center to stop accepting new patients.

Ferguson accuses US Stemology and its sole owner of violating the Washington Consumer Protection Act.

The state seeks $12,500 in fines for each violation, plus full reimbursement for costs paid by the patients. Ferguson says the financial penalties could add up to millions of dollars.

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Tribe Sues Seattle Over Salmon Depletion

Posted by David Brown 
· March 29, 2022 

An alleged abuse of local salmons’ right to exist and flourish has the city of Seattle defending its hydroelectric energy supply in state and tribal courts.

The Sauk-Suiattle Indian Tribe in a Saugk-Suiattle Tribal Court filing named Seattle as the sole defendant. The tribe says that the city’s three hydroelectric dams are killing off local salmon and negatively affecting the tribe’s cultural practices and traditions.

The tribe also says it filed the tribal lawsuit on behalf of the salmon. That makes salmon co-plaintiffs in the filing, which, refers to the salmon as Tsuladx in the tribe’s native language.

The tribe in its recently filed tribal court lawsuit says the salmon have natural rights to live and thrive, which the city of Seattle is violating. So the tribe filed the lawsuit on behalf of itself and the salmon.

Seattle owns three hydroelectric dams on the river. The tribe says that the dams were not constructed in a manner that enables the salmon to bypass the dams and continue their annual spawning migrations.

The Sauk-Suiattle tribe says the three dams do not allow passage of the salmon during annual spawning runs. And that is killing off the local fishery in the Skagit River.

The dams cited are the Diablo, Gorge, and Ross dams that comprise the Skagit River Hydroelectric Project in the northwest region of Washington State. The dams are located about 100 miles from Seattle and account for about 20 percent of the city’s electrical power.

The public utility Seattle City Light operates the three dams that are located along an eight-mile section of the Skagit River. The dams are situated within the Cascade Mountains and affect more than a third of the Skagit River watershed.

Salmon, trout, and steelhead live and spawn in those waters. The tribe says their numbers are much lower due to the dams and are negatively affecting tribal culture and practices. It also is violating the salmon’s natural right to live and thrive.

The tribal court lawsuit is in addition to one recently filed in King County Superior Court. Seattle has filed a counter lawsuit that seeks dismissal of the state and tribal suits. A federal court last year dismissed a similar lawsuit filed by the tribe against the city.

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Four Reasons to Call a Personal Injury Attorney

Posted by David Brown 
· March 24, 2022 

There are many incidents that can occur that will cause you to suffer a personal injury, but when is it necessary for you to enlist the help, guidance, and assistance of a personal injury attorney? Read on to discover the top four reasons you may need to call a personal injury attorney for legal assistance.

 

Auto Accidents

Auto accidents are the most common incidents in which you may suffer a personal injury. Many times, an auto accident will result in serious injury to you or your passengers. If you are a loved one has suffered an injury that has caused you to miss work, lose wages, or other issues, you will want to enlist the assistance of a personal injury attorney to hold the other party accountable for their actions as well as your medical bills and other expenses.

 

Medical Negligence

Medical negligence can occur if a physician, nurse, or other medical professional makes a mistake that causes you to suffer a personal injury. It is important to consult a personal injury lawyer right away if you have suffered any type of personal injury due to medical malpractice or negligence.

 

Public Liability Cases

From slip and fall incidents to an incident caused by a restaurant, store, or company’s negligence, public liability cases are more common than you think. For instance, if you are walking into a grocery store and slip and fall on the wet floor and there was no warning sign that the floor was wet, the grocery store may very well be responsible for paying for your medical bills and any lost wages from missing work. In this case, it is extremely important to contact a personal injury attorney who can gather evidence to determine who is at fault.

 

Victim of Crime

If you become the victim of a crime, from a domestic violence incident to a burglary or any other crime, not only will you want to file charges against the perpetrator through your local prosecutor’s office, but you may very well want to consult a personal injury attorney. Your personal injury attorney will help you receive compensation for medical bills that you incur as well as an array of other things.

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