Our attorneys analyze your claim and take
into consideration the following:
- the severity of your injury
- if you were working at the time,
your earnings at the time of injury
- your ability to return to work or
earn future income
- the defendant's insurance limits
- the history and trend of jury
awards for similar cases
Other factors do come into play and there
is no set formula for every case. However, we do our best
to set a range of values that would be reasonable for settlement.
If the defendant does not make an offer near that value,
we often recommend proceeding to trial.
Please call our office for a more in-depth
discussion of your case.
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Yes, in order to maximize chances of settlement
we prepare each case as if it will go to trial. When an
insurer sees a fully prepared claim, it is more likely to
settle. Ninety-five percent of our cases settle out of court.
The advantage to the client is obvious.
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We are paid a percentage of the gross amount
awarded as a fee. If there is no recovery, we get no fee.
Our costs (expenses paid to present the case) are separate
from the attorney's fee and are to be paid by the client.
However, these may be deferred until settlement of the case.
In other words, we advance the costs and collect them after
the case is settled.
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An insurer owes fair market value or cost
of repair, whichever is less. If the car is 'totaled', then
they need only pay what it would have brought, if sold before
it was damaged. We will work with you and the insurers if
necessary to maximize the amount you receive for the damage
to or loss of your vehicle.
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Maybe. If you have rental car coverage with
your own insurer, then that insurer will provide coverage
according to the contract. If not, then your own insurer
is not required to cover a rental car. The insurer for the
other car will owe you for renting a substitute vehicle.
This loss of use liability typically lasts until your car
is repaired or declared a total loss.
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No, you may take your car to a shop of your
choice.
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The insurance company represents the other
side. The claims adjuster who works for this company is
not qualified to give legal advice. If they advise not to
get a lawyer, you can rest assured that advice is in their
interests, not yours. A lawyer can provide you with correct
legal advice, prompt service to make sure all your needs
and rights are recognized, a shock absorber between you
and the insurance company and an advocate for all the issues
in your case.
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You are responsible for all of your medical
bills. If you have health insurance or personal injury protection,
they may cover your medical bills. The insurance company
will claim subrogation.
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This means that, if your insurance company
pays your bills, they have a right to be reimbursed if you
collect for the same bills from the at-fault party. However,
they must pay their share of attorney's fees and costs.
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This means that, if your insurance company
pays your bills, they have a right to be reimbursed if you
collect for the same bills from the at-fault party. However,
they must pay their share of attorney's fees and costs.
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In the State of Washington you may not sue
your employer for negligence. In such circumstances your
only remedy is worker's compensation. You can only sue an
employer for an intentionally caused injury.
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Keep track, with your employer and at home,
of all time missed from work as a result of the incident.
If you have wage loss protection under your car insurance
policy, we can help you collect that. The other side's insurance
company does not have to pay your wage loss until the case
is fully settled. We can help you document that loss so
that you are fully compensated at the time of settlement.
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Yes, such photographs may be very helpful
when resolving your claim. If you retain us, and the vehicle
is still available, we will do this.
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Not to the insurer for an at-fault party.
You should give a statement to your own insurer. Just remember
to only answer the questions they ask. If you do not know
or do not remember something, do not guess; just tell them
you do not know.
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We do not advise our clients to sign these
authorizations without consulting an attorney. It is certainly
less harmful to sign such a release with your own insurance
company than the other side, but still not a good idea without
talking to a lawyer.
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No, property damage and bodily damage are
two separate claims.
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If you believe a doctor or other health care
provider has injured you, you should contact an attorney
to get an assessment of your case. Please call us and we
can usually tell you over the phone if we think your claim
merits further investigation. If it does, we have trained
teams that can assist you in evaluating the merits of such
a potential claim.
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All cases are different depending on the complexity
of the issues and the nature of your injuries. Most of our
cases are settled or tried in court within two years of
the date of injury. However, some do take longer than this,
especially if there is an appeal to a higher court. One
of the benefits of settlement is to avoid such delays.
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An Independent Medical Exam is an examination
scheduled by the opposing party, who hires a so-called 'independent'
medical doctor to examine you, to give an opinion and to
write a report. Beware of the fact that these doctors are
not truly independent. They are dependent on insurance companies
for business and usually say what the companies want. You
should not agree to such an exam without consulting with
a personal injury attorney.
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This can vary depending on the circumstance
of the injury, especially in medical malpractice cases.
However most personal injury claims must be filed within
two or three years of the date of injury. That means, you
must file a lawsuit before the applicable anniversary of
your injury or you will not be able to pursue your claim.
Consult a competent attorney for advice on this issue or
you may lose your right to sue forever.
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Yes. Even if you are not able to pursue a
medical malpractice in court, you may report the malpractice
to the state Department of Health Quality Assurance Board
(360-236-4800 or 800-525-0127). You may report your insurance
company to the state Insurance Commissioner (800-562-6900).
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Sometimes. However, court congestion (especially
criminal cases) can cause delays of six to twelve months
after the first trial date. However, sometimes the courts
surprise us. We are always ready and expect to try the case
on the date first assigned.
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This depends on several factors including:
the amount, the nature of the claim, the insurance company,
if the money is coming from a governmental entity, or if
any of the plaintiffs are minors. Usually, settlement monies
can be expected within a month of settlement.
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Attempt to make minimum monthly payments or
inquire if they would accept payment in full upon settlement.
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A deposition is a recorded and transcribed
testimony given under oath with plaintiff and defense attorneys
present. This is usually done during the discovery process
of the litigation.
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There is no charge for the initial consultation.
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