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Are You Due Damages? Here Is What You Should Know

Posted by David Brown 
· January 20, 2022 

Are You Due Damages? Here Is What You Should Know

Have you suffered damages due to somebody else? If you have, it makes sense to talk to a personal injury lawyer to ensure your rights are respected and that you are awarded compensation for your personal injury and damages.

Due damages? Here is what you need to know:

Type Of Damages

When it comes to compensation for damages in personal injury cases, there are a few different kinds that you may be eligible for:

  • Medical treatment
  • Lost wages
  • Property loss
  • Loss of consortium
  • Emotional distress

Don’t forget to add in special damages to your personal injury suit, if applicable. These include things like sick time used during recuperation, medication costs, and basically any other out-of-pocket expenses that you have incurred. Keep copious track with receipts.

Steps To Recover Damages

Now that you know what you are owed, how do you go about recovering damages? There is a bit of a process that you will go through, which is another compelling reason to be represented by a qualified personal injury attorney. Here is what to expect:

Initial Consultation

First things first: make an appointment to speak with a personal injury lawyer. Most will schedule an initial consultation at no charge- and do not get paid until you are compensated. Your attorney should be able to explain elements of law and inform you if you have a case during this meeting.

File Court Documents

It is imperative that you file your court paperwork and documents on time. Failure to meet stringent timelines could make you ineligible for compensation- and you may have to begin the process all over again. Consider how your paperwork documents your case and put effort into finding it and keeping it organized for attorneys and the court process to come.

Pretrial Motions

Your lawyer will now make pretrial motions on your behavior to build your case and show the evidence that you have documented and prepared. This is a very important phase that can make or break your entire case.

Negotiate a Settlement

Before you go to court, negotiations may occur. This is when lawyers and parties involved try to figure out what is due, and whether anyone is going to compensate you. If your case is strong, the negotiations may reflect this as the other party may be reticent to take the case to court.

Attend Mediation

If negotiations fail, you may be asked to participate in mediation. This is yet another attempt to resolve the issue- or you and your attorney may choose to take it to court.

If this seems like a lot, it can be! Many parties do not make it easy to get compensation for damages that you have suffered, which is why personal injury attorneys are so important. Don’t settle for less than you deserve- get compensated for your injury and your damages. Talk to a reputable personal injury law firm to learn more.

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The Process of Filing a Personal Injury Insurance Claim

Posted by David Brown 
· January 18, 2022 

Even though you always put safety at the top of your priority list, other drivers might not do the same thing. Even seemingly minor accidents can lead to significant injuries. If you have been involved in an accident that is not your fault, you should not be responsible for all of your medical expenses. That is why you may decide to file a personal injury lawsuit against the insurance provider of the other driver.

A personal injury insurance claim can be brought by someone who has suffered injuries in a motor vehicle accident. In the lawsuit, you will seek financial compensation for any losses or injuries you might have sustained. This compensation can replace lost income, cover medical expenses, and replace property you may have lost.

If you are not at fault for the accident, you can claim that the other person was responsible and ask the insurance company to honor the insurance policy and compensate you accordingly. The insurance company will have an adjuster who investigates the facts of the accident, and you should work with a personal injury lawyer who can guide you through the process.

A personal injury lawyer can help you collect the necessary documents to put your personal injury claim in the best position possible to succeed. The lawyer can then present the evidence to the court, helping you seek as much financial compensation as possible. This could drive the insurance company to the table, helping you get a more favorable settlement.

Even though a lot of personal injury claims result in a financial settlement, a personal injury lawyer can take a look at your injuries, compare them to the insurance policy, and make sure you are compensated appropriately. This requires training and experience, so you should rely on a personal injury lawyer to assist you.

Every accident is different, and a personal injury insurance claim can be complicated. You should rely on a personal injury attorney who can help you every step of the way. That way, you receive as much financial compensation as possible. You should not speak to an insurance company without a lawyer who can advocate on your behalf. Even if you think the facts of the case are on your side, you should retain a personal injury lawyer who can assist you.

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Latest Lawsuit Filed by WEICU Related to the 2020 Election Met with Skepticism from Judge

Posted by David Brown 
· January 13, 2022 

Even though the calendar has recently turned to 2022, there are still some people who are seeking to overturn the results of the 2020 presidential election. Recently, a Washington state Supreme Court commissioner listened to arguments related to a lawsuit that alleged widespread voter fraud took place during the 2020 election. The lawsuit was brought by the Washington Election Integrity Coalition United (WEICU) and makes claims that thousands of individuals who are not citizens of the United States illegally submitted ballots in 2020.

The group claims that a preliminary investigation took place showing that more than 34,000 people who are not citizens were registered to vote in King County. The lawsuit makes similar claims related to other counties across the state, including the Kemah, Clark, Pierce, and Snohomish. These claims are founded on statements made by an employee of the Department of Licensing.

The judge who listened to the case was skeptical. He noted that there was nothing in the claims that supported the overwhelming numbers. He denied that the statements of a single employee could be labeled as evidence. He questioned the dependability of the single employee, saying that it was not only hearsay but also double hearsay. Color members of the governor, including a spokesperson for Governor Inslee’s Office, stated that there is no competent evidence supporting the allegations of widespread voter fraud made in the lawsuit. He stated that the statements of one employee from a political rally are not enough to support the significant numbers.

This is not the first time that WEICU has filed lawsuits related to allegations of widespread voter fraud during the 2020 election. Recently, a judge in Franklin County dismissed one of their lawsuits, stating that the lawsuit had not only missed the deadline to file a lawsuit based on the laws in the state but also was not filed by a licensed attorney.

Even though the results of this lawsuit have not yet been decided, the judge will weigh the arguments from WEICU, listen to arguments from the defendants, and decide whether the case should be referred to the state supreme court, send it back to a different court, or dismiss the lawsuit entirely.

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Why You Should Always Work With a Personal Injury Lawyer When Filing a Personal Injury Claim

Posted by David Brown 
· January 11, 2022 

If you have been involved in a serious accident that is the fault of someone else, you may think that you should not be responsible for your medical bills. That is where filing a personal injury claim can be helpful. Even though you are legally allowed to file a personal injury claim without a lawyer, you should refrain from doing so. Even if you think the facts and the law are on your side, you need to work with an experienced legal professional who can put you in the best position possible to be successful.

First, if you are filing a personal injury claim, you have suffered serious injuries. You deserve to focus all of your attention on your medical recovery. If you file a personal injury claim on your own, you’ll be stuck spending all of your time doing paperwork instead of focusing on your recovery. You’ll need to get the accident report from the police, get your medical records from your doctor, and try to arrange for witness testimony. You should let the lawyer do this for you so you can focus on your medical recovery.

Furthermore, every personal injury claim is different. Your case is unique, and you require someone with the right experience and knowledge to handle your case for you. How much is your injury worth? What is a fair settlement offer? You need a lawyer with the right experience to advocate on your behalf.

In addition, the insurance companies will have experienced lawyers as well. If you file a personal injury claim against a specific individual, they will probably have lawyers as well. Opposing lawyers can be intimidating, and they can make life difficult. You need to have a lawyer in your corner who can fight for your rights as well.

If you have been involved in a serious accident, you deserve to have the representation of a personal injury lawyer who will fight for your best interests. Even though it is true that a personal injury lawyer may take a portion of your settlement, you will likely still end up with more money if you work with an experienced personal injury attorney. Furthermore, you can save time and stress by focusing on your medical recovery instead of worrying about paperwork.

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Washington State House of Representatives GOP Members File Lawsuit Against New COVID Vaccine Requirements

Posted by David Brown 
· January 6, 2022 

The coronavirus pandemic has had a significant impact on individuals, families, and small businesses. Now that numerous vaccines have received full FDA approval, many companies are requiring their employees to be vaccinated. Furthermore, the Washington legislature has instituted a policy requiring state representatives to present proof of vaccinations against COVID-19 before they are allowed on the floor of the house.

Recently, several Republican members of the Washington State House of Representatives filed a lawsuit seeking to halt the requirement that members show proof of vaccination against COVID-19 before moving to the floor of the house. The lawsuit asked for an injunction until the full legal challenge could be heard.

In the lawsuit, the members are claiming that the new policy limits access to facilities in the House of Representatives unlawfully. The lawsuit also claims that the new requirement violates the First Amendment rights of the members of the House of Representatives. In addition, the lawsuit targets house restrictions that prevent representatives from accessing their offices without proof of vaccination.

A judge in the Superior Court in the state of Washington disagreed with the position of the plaintiffs. She stated that the plaintiffs had not met the threshold to be granted a preliminary injunction. She claims that the restrictions do not prevent the legislators from doing their jobs, and denied them the preliminary injunction. Of note, this preliminary denial does not mean that the lawsuit is unsuccessful. It simply means that the legislators will not have the requirements halted temporarily until the fall case can be heard.

It will be interesting to see what happens with the case moving forward. There are numerous controversies taking place across the country related to vaccination requirements. For example, the state senate allows legislators and their staffers to be on the floor of the Senate regardless of vaccination status. Members simply need to receive a negative test before they are allowed on the floor of the Senate.

The results of this lawsuit could be seen as a precedent for the rest of the state. Even though it might be a while before the case is heard, everyone in the state of Washington will follow the lawsuit closely.

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Lawsuit Filed in Washington State Related to Poor Learning Conditions for Students

Posted by David Brown 
· January 4, 2022 

Children require adequate buildings in which to learn, and a lawyer in Washington has filed a lawsuit on behalf of a small district in Washington state. The lawsuit claims that the buildings are in such poor condition that the children are unable to learn. In the lawsuit, the lawyer claims that public education is supposed to be an equalizer across the country, giving everyone an equal opportunity to succeed. The lawsuit goes on to claim that the Wahkiakum School District does not have the funding to maintain its buildings, creating inequality in schools districts across the state.

The school district is small, representing fewer than 500 students, and the lawyer claims that the district is being overlooked. The lawsuit further claims that the state of Washington is violating its own Constitution by not providing students with modern buildings in which to learn.

Approximately 10 years ago, the same lawyer filed and won a lawsuit when the Washington state supreme court agreed with him and the argument that the state was not giving enough funding to provide all students with ample access to basic education. As a result of the case, many school districts had to find new sources of funding instead of relying solely on property taxes.

The lawsuit goes on to argue that many of the smaller districts are being hurt because wealthy districts often vote in favor of raising property taxes to fund their schools. On the other hand, smaller districts may not have the capital to increase their property taxes, causing their buildings to fall into a state of disrepair.

In addition, residents who live in wealthier districts may pay a lower property tax percentage that still results in greater revenue because their properties are worth more. The end result is that wealthier districts have more resources to construct new buildings and provide better equipment to teachers and their students.

The lawsuit is expected to go to the state supreme court and could have a significant impact across the state, particularly in small and rural districts. People across the state of Washington will watch the results of the lawsuit carefully because it could have impacts not only in the Wahkiakum School District but others as well.

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It Isn’t Mad Fish Disease, But It’s Not Nice, Either

Posted by David Brown 
· January 3, 2022 

We all do it. We buy a package of salmon, never thinking about how the fish was raised. The sad truth is that the salmon was raised inside a mesh cage sized like a city block instead of swimming free in the ocean. It’s called net-pen farming, and Washington is joining California, Oregon, and Alaska in putting an end to it.

What’s Wrong With Commercial Fish Farming?

Let’s begin with caging something: you’ll have a waste problem, disease will spread from penned salmon to wild fish, there are lethal sea lice infestations, as well as products to kill parasites and other pests getting into the water. The price of salmon worldwide has risen as the result of such environmental issues.

Add to this the fact that the water in which the salmon are raised is used by the public. The net pen farming companies such as Cooke Aquaculture, who harvest salmon in Puget Sound pen farms, do nothing to filter or treat the water for impurities before its use by humans.

Since the net pen farm spill upheaval in 2017, the Cooke company’s pen leases have been canceled. The company’s operations in other countries were also closely inspected. All were found to be not compliant with state and industry safety guidelines and shut down.

As Cooke switches from salmon to steelhead, the tribes along with the population of Washington state are worried. They wonder about the farming of fish and its consequences for the wild fish in the area. Their own health and wellness are naturally matters of concern as well.

What’s The Answer?

Advocates of building a better mousetrap suggest containment facilities on land. Wild fish won’t swim by and become tainted with sea lice. The snag to that idea is not enough fish could be raised to answer the needs of ten billion people worldwide.

Better pens in the oceans, complete with filtering systems, easier methods of protecting the salmon from pests and parasites, in addition to better methods of cleaning up the waste, have been suggested, too. Both scenarios are being considered as the deadline for establishment of better methods draws nearer.

As the world population grows, food production becomes the question: can we double or triple food production? Can we do it without harming the Earth or the people needing that food? Banning net pen farms was a good start.

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Personal Injury Facts vs Myths

Posted by David Brown 
· December 30, 2021 

Personal injury occurs when someone incurs an injury either because of someone’s negligence or ill-motives. Should this happen to you or someone you care about, know that there is a recourse for you to take so that you can be properly compensated for what happened.

 

Here, we take a look at some of the more common myths on personal injury cases, and the facts that should bring clear answers and enlightenment to those who may need it.

 

MYTH 1: Personal injury law only applies to accidents like slip and falls, and car accidents.

 

FACT: Slip and falls, and accidents, are the most common types of personal injuries, but they are not the only ones. Medical malpractice also falls under personal injury. If a surgeon leaves a gauze inside during surgery, and this results in complications during the patient’s recovery, the patient may file for personal injury.

 

Psychological and emotional harms are also considered under this category, and so can be used as grounds for seeking relief in court.

 

MYTH 2: You should wait until you are healed or recovered before filing a personal injury lawsuit.

 

FACT: The sooner you get it done, the better. Keep in mind that there is a statute of limitations or a deadline for filing a lawsuit.

 

For personal injuries, specifically, you must file within two years from the occurrence of the injury. If this is not possible, such as the medical malpractice example above, then the statute of limitations begins upon the date of the discovery of the injury.

 

MYTH 3: It’s expensive to hire a lawyer and file a personal injury lawsuit.

 

FACT: The prevailing misconception is that hiring a lawyer to pursue a personal injury lawsuit is going to be very expensive. However, the fact is that lawyers handling personal injury cases forego legal fees upfront. Based on the contingency fee setup, their fees will be paid from the awarded settlement.

 

The lawyers are also in charge of the disbursements, or any and all necessary expenses incurred during the pursuit of the lawsuit. So if fear of cost is what’s stopping you from filing a personal injury lawsuit, don’t worry.

 

Get the justice and compensation you deserve. Hire a personal injury lawyer at the earliest.

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Who is at Fault? Traffic Accidents During Winter Weather.

Posted by David Brown 
· December 28, 2021 

Car accidents can occur at anytime, but during the winter months when roads become slippery with snow, sleet and ice, the likelihood of becoming involved in an accident increases significantly. If you’re ever involved in an accident during the winter, you may be concerned about the police and insurance company’s ability to accurately determine who was at fault. Fortunately, there are several ways of accurately determining fault following a car accident that occurs during inclement winter weather.

Law Enforcement

When most auto accidents occur, regardless of the time of year, a police officer is usually the first person on the scene. It’s the responsibility of the police officer to make an initial determination of who was at fault, after an investigation has been conducted, and the officer will issue a ticket to the driver who is determined to have caused the accident. The police officer will gather information from all drivers involved, including their driver’s licenses and proof of car insurance, which will be needed for the police report. You should obtain a copy of the police report, which will usually be ready after a couple of days, depending on the police station.

Witnesses

Law enforcement and even insurance companies may question any pedestrians or other drivers who may have witnessed the auto accident. This is more likely to happen if the officer isn’t sure whose negligence caused the accident.

An Experienced Traffic and Accident Attorney

After contacting law enforcement and exchanging contact and insurance information with the other drivers, you should contact an experienced auto accident attorney. Even if you believe you were at fault for the accident, the right attorney can ensure that you receive the best outcome possible following the accident. The attorney will conduct his or her own investigation in order to determine if you or another driver was at fault.

As you can see, there are many steps to determining who is at fault in a car accident that occurs in the winter. So, if you ever find yourself involved in a car accident due to inclement winter weather, you should never admit fault and you should also make sure that you contact an experienced accident attorney as quickly as you can.

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How to Calculate a Personal Injury Settlement Amount

Posted by David Brown 
· December 23, 2021 

If you’ve been injured in an accident, the recovery period can be trying. In addition to physical and emotional pain, you may also find yourself trying to navigate the process of filing a personal injury settlement claim. A personal injury lawyer can help you negotiate the personal injury settlement landscape, calculate a reasonable claim amount, and manage your expectations.

How to Put Together a Claim

There are a few different factors to consider when determining how much money to ask for in your settlement. First, calculate the total cost of your medical bills to date, and when appropriate, estimate the cost of any ongoing or future care. In many cases, the amount of damages you can claim will be directly correlated with the severity of your injuries.

If your injuries caused you to miss work, consider the wages lost during this time period. Additionally, if damage sustained from your accident will prevent you from working in the future, include the amount of future income you expect to lose. Finally, if any personal property was damaged in your accident, such as a car in the case of an automobile accident, factor in the cost of repairs or replacements.

Once you’ve come to a number that makes sense for your settlement, it’s important to collect any documentation that supports your financial claim. This can include medical billing statements, pay stubs, auto repair bills, and other relevant documents. Your lawyer can help you identify and collect the necessary paperwork.

Things to Consider

Different states have different laws pertaining to personal injury settlements. Some states are modified comparative negligence states. This means that in these states, if you are determined to be at greater than 50% at fault, you may be unable to claim damages. Other states are contributory negligence states. This means that if even if you are at a lower percentage of fault, sometimes as low as 1%, you may be ineligible to collect damages. Consult with your lawyer to find out if you live in one of these states.

While calculating a personal injury settlement amount can seem daunting, a personal injury lawyer can help you create a claim and give you your best chance of receiving damages.

 

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