It appears that the bad economy has caused many cities to begin thinking of new ways to raise revenue.  The city of Chicago now charges accident victims for basic city emergency services that used to be paid for by the tax base.  Now, if you’re hit or injured in an accident and the fire truck or EMT van responds as a precaution, you may be charged several hundreds of dollars for the service.

Fair?  Who cares.  It’s how more and more cities are choosing to make money in these tough economic times.  Even if another person causes you a serious personal injury or catastrophic loss.

The case in Chicago involved Cary Feldman who was hit while riding on a scooter.  Feldman didn’t cause the accident, the other guy did.  But that didn’t stop the City from sending him a bill for $200 because the fire truck responded to the scene even though it wasn’t necessary.

We have a new name for the charge – “Crash Tax”.  Feldman callls the “tax” a rip off and a scam.  I tend to agree.  Why not charge the other person who actually caused the accident in the first place?  Good question.  No one wants to answer that however.

At least 26 other jurisdictions now assess a Crash Tax.  Could it be something that the city of Seattle may start doing?  If so, it would be a miscarriage of justice.  But as the economy continues to struggle, I wouldn’t count it out among our local politicians.  Seems like our elected officials are looking for any way to pass more taxes and raise fees on the public. 

But if any of the Seattle politicians are reading this blog, I say: Don’t do it.

• The injuries are minor and usually resolve within a few months.
• The medical bills and wage loss are usually no more than a few thousand dollars combined.
• The injuries are not considered permanent, or the injuries did not have a huge impact on your daily activities.
• If the case involves an auto accident, the property damage is not significant.

If you have a small case, here are some guidelines to help you settle the claim yourself:

WARNING: There are some cases that require the assistance of an attorney.  If you have a larger case, and if you try to settle the claim yourself, and do something that may damage the claim, it may cost you a lot of money.  No attorney can “undo” a significant mistake, like a damaging statement you make to the adjuster during negotiations.  So if you decide to represent yourself, you’ll have to accept the risk that you may do or not do something that might permanently damage the claim.  Here are the guidelines if you want to settle your own claim:

    1. Limit your communications with the insurance adjuster until you are ready to settle the claim.  Tell the adjuster that you will finish your medical treatment and then make contact again when you’re ready to resolve the claim.

    2. Make sure most of your communications with the adjuster are in writing, at least until you are ready to negotiate the claim.  It’s important to have a record of all communications so if something happens later on, or if there’s a dispute about what was communicated, you’ll have proof.

    3. You don’t want to settle the claim until your medical treatment has concluded, so make sure you make all of your medical appointments and follow your doctor’s instructions.

    4. All of your claimed damages must be documented so you’ll need to gather all records and documents to support your claim.  You’ll need to collect your medical records, billings, employment records or tax returns if making a wage loss claim, the police report (if one exists), witness statements (particularly if there’s a dispute regarding liability, photographs, receipts and any other written materials that prove or corroborate the damages you have incurred.

    5. You’ll want to draft a settlement demand letter that sets forth the facts of the accident or incident giving rise to your claim, describes your injuries and the damages your claiming. The letter should be organized, legible and concisely written. Avoid exaggeration or puffery.  The letter should be matter of fact and to the point.

    6. For your general damages (e.g., pain, suffering, loss of enjoyment, etc.), you’ll want to discuss all of the intangible ways your injuries have affected you and various aspects of your life (impact on leisure activities, relationships, and work to name a few).

    7. Written statements from others who can verify that you were injured and that the injuries have negatively affected you can be helpful.  For example, if one of your activities is playing tennis or golf then include statements from your golf or tennis buddy stating that you missed playing this activity for a period of time.  This can be very helpful to show the claims representative that the injuries did impact your life.

    8. Ask for a settlement figure that leaves plenty of room to negotiate.  The insurance adjuster is trained to negotiate the claim and offer as little as possible. Just like the first offer from the carrier is unlikely to be the last offer, you’ll be expected to come down off your initial demand figure.

    9. Be prepared to negotiate the claim.  Sometimes negotiations can take place over many days.  Sometimes the negotiations will finish in 10 minutes.  Each case is different.  But prepared to dicker over what the claim is worth.

    10. Be patient.  Negotiation is as much about demeanor and how you come across, than by what you actually say during the process.  If you appear like you desperately need the money, or that you really want the claim to settle immediately, this will cue the adjuster to drag the negotiations out and offer a very low amount to settle the claim. The adjuster will use your impatience against you.  I’ve had negotiations take as long as 6 mos.  If you can be patient, it will pay off.

   Good luck.

    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

You would think that the tough laws against drinking and driving would drastically reduce the number of injury accidents caused by alcohol.  But it really hasn’t.

One problem is that the criminal penalties for vehicular homicide is fairly low.  I believe the last time I checked, the stats showed that the average sentence handed down to someone who kills another person while driving drunk is 3 to 4 years behind bars.

If only our society could truly appreciate the devastation that a drunk driving fatality causes to the family members of the innocent victim.  Sometimes the person killed is a parent with small children.  Those are the most tragic of cases since the child’s parent will no longer be there to take care of the child, provide financial and emotional support, and all of the other important qualities that a strong parent-child relationship provides.  

What is equally tragic is that the accident could have easily been prevented.  Just don’t drink and drive.  When you drink, your judgment is the first thing that is affected.  You cannot rationally decide whether you are able to drive after consuming a few drinks.  Just don’t take the chance.  It’s not worth it.

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.

If  you’re one of the victims of the “Barefoot Bandit”, let’s hope you have a good insurance policy that will cover the extensive damage and loss this criminal has caused to property.  Without a good policy, you will be left holding the bag for whatever property loss this criminal has caused you.

Why?  Because the “Barefoot Bandit” likely has no assets of his own to pay for the hundreds of thousands, if not millions, of dollars in property loss he has caused to innocent victims.

Won’t the criminal court order restitution?  Probably.  But good luck trying to collect on a restitution order against this young thug.  He’ll likely spend several years in prison, so you’ll have to wait an awfully long time to try and get your money back.  Then when he gets out, he’ll have to find a way to pay off all of the restitution he’s been ordered to pay. 

In most criminal cases, the order of restitution is usually worthless.  Most criminals lack the financial means to pay these orders off, particularly when the criminal is a young kid with no job prospects, education and no assets.

I just hope the victims of the “Barefoot Bandit” have a good insurance policy to pay for their loss.  Let’s hope this kid receives a good long sentence so that others in his place won’t be tempted to mimic his criminal behavior.

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.

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.