Question: Do I have a case?
Answer: This is a difficult question to answer without knowing all of the facts and circumstances involved. The success of a case will depend on the specific facts involved and the laws of the jurisdiction or region where the incident occurred. Generally, if you can show that the party responsible for your injuries violated some duty of care (e.g., causing a collision or making a dangerous product), then you probably have a claim against that party for the amount of damages you have sustained. If you think you have a claim in the state of Washington and want some feedback, you can send me an email directly by filling in the Case Feedback form. Due to the large volume of messages, it may take a few days to respond.

Question: How much is my case worth?
Answer: There is no magic formula or process by which an attorney can predict with certainty the amount of money a person is entitled to receive, especially where damages are awarded for subjective elements called 'pain and suffering' and 'loss of enjoyment of life.' However, our office will usually have a pretty good idea of a reasonable settlement range after your medical condition has stabilized. We rely on such factors as the extent and permanency of your injuries, the effect your injuries have had on your life, the amount and duration of your medical treatment, prior jury verdicts and/or arbitration awards received for similar injuries and my experience. Ultimately, the value of any given case is determined by the jury's verdict after a trial on the merits.

Question: How much do you charge?
Answer: Our fee is contingent on the outcome of your case. That is, if a recovery is obtained for you, our fee is a percentage (usually one-third) of the amount collected. No attorney fees will be paid if there is no recovery. However, the law requires that a client is ultimately responsible for the costs incurred. In most cases, our office will advance all costs necessary to pursue your claim so you will not have to pay any money up front. Costs are then paid out of the recovery at the conclusion of your case. 

Question: What if I wasn't injured but I sustained damage to my car or other personal property?
Answer: As a personal injury law office, we only accept cases where the individual has sustained injury. This is because our fee is a percentage of the recovery obtained on behalf of the injured claimant. Most property damage claims cannot be pursued economically by an attorney where he or she is forced to charge you an hourly rate, which is often at least $150 per hour. Most insurance companies are reasonable when it comes to settling property damage claims which means you probably can settle your claim by yourself.

Question: I'm confused about the different types of coverage listed on my automobile insurance policy -- what exactly is BI, UM and PIP coverage?
Answer: BI stands for 'bodily injury .' This type of coverage will pay claims for injury you negligently cause to another as a result of the use of your vehicle. Washington state law requires that every driver carry insurance for bodily injury with policy limits of at least $25,000. UM stands for 'uninsured motorist' or 'underinsured motorist .' If you are injured by a negligent driver who does not have liability insurance (or inadequate liability insurance), you may make a claim with your own insurance carrier if you have UM coverage. When you make a UM claim, your insurance carrier "stands in the shoes" of the negligent driver and is permitted to assert all defenses that this driver may have had against you (e.g., comparative fault, excessive medical treatment, etc.).

PIP stands for 'personal injury protection .' PIP pays for your reasonable and necessary medical expenses, regardless of who is at fault for the collision. Although the law does not require that you carry UM and PIP coverage, insurance companies must offer these types of coverages to you. If you choose to reject UM and PIP coverage, your insurance company must record your rejection in writing. An insurance company's failure to obtain your written rejection of UM or PIP coverage prevents the carrier from denying the claim, even if you didn't specifically pay for this type of coverage.

Question: What happens if I was injured in a collision caused by an uninsured driver?
Answer: You may have a claim for UM benefits under your own policy. If you make a UM claim, your own carrier has the right to use all defenses that the other driver may have had against you. A UM claim essentially creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a UM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its own insured!). Instead, your carrier will be looking for ways to pay out as little money as possible. In the event you do not have UM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why you should always carry UM coverage, preferably with limits of at least $100,000.

Question: I was injured in a rear-end collision where little damage was caused to my vehicle. The other driver's insurance company is denying my claim, saying that I could not possibly have been injured when the damage to my car was so small. What do I do now?
Answer: Unfortunately, more and more insurance companies are implementing a policy of denying bodily injury claims outright, or only offering a nominal sum to settle, when the property damage is below a certain monetary amount, like $1,000. The first thing you should know is that there is no credible scientific support for the proposition that injury potential can be determined based on the extent of property damage caused to the vehicle. However, these "low damage" cases may be difficult to prove in court because jurors often believe that injuries cannot occur in low speed crashes.

Insurance companies will often hire self-proclaimed "experts" to help them spread the myth that low damage means little or no injury. If you find yourself in this position, here are a few suggestions. First, take your car to another reliable automotive shop to determine the full extent of damage. Quite often, most of the damage will be hidden and an expert will need to dissemble the rear bumper and check the vehicle for all possible signs of impact. Second, you must adequately document all damage and all evidence that a collision occurred. This means taking photographs and compiling a thorough repair estimate. Third, do not repair the vehicle or accept a property settlement until you have spoken to an attorney. Finally, you need to hire experienced counsel because a lawsuit is probably inevitable. My office has successfully handled many claims involving "low damage" collisions. Please email me directly or contact my office if you wish to discuss your claim further.

Question: I've been receiving medical treatment for injuries I received in a car crash 6 mos. ago and my insurance company has been paying the bills as required under my PIP coverage. Just recently, I attended a medical exam requested by my insurance company and now the medical examiner says that I am "fixed and stable" and no further treatment is necessary. Now my own insurance company is refusing to pay for any more of my treatment even though I still hurt and am no where near "maximum medical improvement" according to my own doctors. Is this legal!!?
Answer: Unfortunately, and in most cases, yes. Your insurance company has the contractual right to have you examined and to have your treatment reviewed by another medical professional. Insurance companies like to call these one-time examinations "Independent Medical Exams" or "IME's." This is a gross misnomer however-- they should really be titled "Insurance Medical Exams" because insurance companies use these one-time exams (or in some cases, a one-time medical records review) as a way to terminate benefits regardless of whether you are still benefiting from additional treatment. Insurance companies use "IME's" to save them money and their medical examiners are often "hired guns" willing to offer the right medical opinion to justify this goal. As one doctor friend of mine aptly states -- opinions are commodities like everything else and you can always buy the right one you are looking for. If you find yourself being requested to submit to an "Insurance Medical Exam," here are a few suggestions. First, before submitting to an exam, read your policy! The insurance company's right to request an exam is contained within the insurance contract. Review it to make sure the company is not violating any of the policy provisions. Second, you really should consider hiring an attorney. Recent case law has suggested that the "IME" report may be discoverable by the third party tortfeasor, providing additional ammunition for the defense attorney. Attorneys can often insist that the exam be delayed and insist that an impartial observer be present during the exam. Third, make sure you give the examiner an accurate description of your prior health problems, current complaints, and the facts of the crash. Any discrepancies will be used against you. Lastly, recognize that the examiner will be looking for all signs that you are not injured -- how you walk into the examination room, how you sit, how long you sit, facial expressions, etc. In one case I handled, the examiner wrote in his report how he watched my client drive into the parking lot, "jump" out of his car with no "apparent difficulty" and "ran" into the building entrance! Need I say more?

Question: Can I settle my case on my own without an attorney?
Answer: If most people could settle claims on their own for fair value, we wouldn't need lawyers. Lawyers are necessary because there is no formula for determining the value of a given claim. Representing a person's rights is complex--to do it successfully takes formal training, experience, guts, and some hard-earned intuition. Think about it, insurance companies make a lot of money settling claims for far less then what they are worth. If you don't settle claims for a living, how are you to know whether the insurance company's offer is fair and reasonable?

However, some claims do not require the assistance of an attorney. Each case is different and depends on its own set of facts. If we believe we can't recover a higher settlement than the insurance company's last offer, or that the attorney fee will leave little money left over for you, we usually will decline to take the case and advise you to settle on your own. We always decline to accept a case if the client is likely to recover as much money without the assistance of an attorney. On the other hand, if we accept your case, we guarantee that you will recover as much as you would have received based on the insurance company's last offer before our office was retained. In most cases, you should retain experienced and competent counsel. Without an experienced attorney, a person can seriously damage the value of his or her case.

Video Question & Answer