Lawyer in New York

 We all know that Seattle is a dangerous place to drive a car, or especially be a pedestrian. While Washington's new cell phone law is a start, a very  SMALL  and almost useless start in my opinion, there are still many distracted driver's out there that don't see other cars, trucks or pedestrians. And if you drive a motorcycle, you probably feel that there is some cloaking shield around you that makes you and your motorcycle invisible! If driver's can't " see " a SUV, they certainly won't see you on your bike. Ok, so now your motorcycle is a total loss and you have severe injuries and can't work. So how do you pay for your medical bills? If you are in your car, you simply use your personal injury protection (which everyone should have) to pay for your medical bills. But unfortunately, you discover that you do not have PIP coverage on your motorcycle, since no insurance company offers that coverage for motorcycles. While I haven't researched th

 Yet another pit bull attack in Seattle. According to the Seattletimes.com, 71 year old Huong Le was severely attacked and mauled by two pit bulls when she was just feet from her SeaTac home where she works as live-in caregiver. Le spent more than 10 hours in surgery Monday at the trauma center at Harborview Medical Center, where surgeons worked to preserve her hearing and reattach her ears, both of which had been ripped from her head. Her jaw was broken and her right arm and wrist were crushed beyond complete repair. Both of the pit bulls had to be shot by deputies in order to save Le. The owner of the pit bulls also owned two other pit bulls which were seized.  https://askcompetentlawyer.com/  This is a very sad, but at the same time, infuriating situation. While I don't want to stereotype the breed, at least 95% of the dog bite cases I have ever handled have involved pit bulls. This isn't a coincidence. All of these savage attacks have occurred because the owners were comple

 So let's say you're driving into Seattle and unfortunately someone behind you is paying more attention to their Blackberry than driving, and rearends you. You're injured and need medical care, but at least you have Personal Injury Protection (PIP) which will take care of your medical bills. Did you know that in some circumstances you have to reimburse your insurance company for any payments made under PIP coverage? That's right, you pay them a premium, they provide PIP coverage, and then you pay it back. Ok, it sounds a little counter-intuitive, but it really does make sense. Lets take a couple different senarios. Number 1 - You are injured in a car accident, you use your PIP coverage to pay for your medical care and you do not pursue a claim against the other driver. Maybe you don't want to. or perhaps the accident was your fault. In this senario, you do not have to reimburse your insurance company because you did not receive a settlement from another party.  http

 Most of my personal injury cases are handled on a contingent fee basis. This simply means that I do not get paid unless I settle your case, or receive an arbitration award or verdict. No attorney fees will be paid if there is no recovery. Most attorneys handle personal injury cases on a contingent fee basis and charge one-third (33%) and forty percent (40%) if a lawsuit has to be filed and the case litigated. I value my services, but at the same time I realize that it was my client who was injured and who often has to deal with life changing injuries.  And my fees reflect this belief, and therefore, my contingent fees for personal injury cases are 30% if a case is settled, and 33% if a lawsuit has to be filed and the case litigated. When you are looking for a personal injury lawyer, make sure you ask the right questions about their fees, both for settlement and litigation.  https://askcompetentlawyer.com/civil-litigation/  Also be sure to ask if they charge any "extra" costs

 When you're in a car accident and you are injured by the negligence of another driver, they (or in most cases, their insurance company) will pay for all of your damages including medical bills, right? While that's technically true, this answer fails to address the complete picture. The at-fault driver's insurance company will pay for your medical expenses, lost income, other out of pocket expenses and general damages (commonly called pain & suffering), but only as a lump sum when your case is settled or a verdict rendered. They do not act as your health insurer and pay for your medical care as you incur those costs for treatment.  This is where PIP comes in .  https://askcompetentlawyer.com/  When you open a PIP claim under your own auto insurance policy, this coverage pays for your medical expenses as you incur them. Essentially, your auto insurance company acts as a health insurer for injuries related to the car accident. Your insurance company then has a right to ge

  The Million Dollar Advocates Forum is pleased to announce that attorney John Meade Williams of Everett, Washington, has been certified as a life member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum,   www.milliondollaradvocates.com . The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements. The organization was founded in 1993 and there are approximately 4000 members located throughout the country. Fewer than 1% of U.S. lawyers are members.  https://askcompetentlawyer.com/  Forum membership acknowledges excellence in advocacy, and provides members with a national network of experienced colleagues for professional referral and information exchange in major cases. Members of the Million Dollar Advocates Forum must have acted as principal counsel in at least one cas

 It's tough enough riding a motorcycle in the Seattle area and just trying to avoid being the next victim of an inattentive driver. The drivers of cars out there on cell phones or texting, well that's not a hidden danger, so what is it? It's their insurance companies and adjusters. So after you've been knocked to the pavement and your bike totaled, it just keeps getting worse. Accidents that clearly would be the other persons fault if two cars were involved, now transform because you are a motorcyclist! Insurance adjusters will do whatever they can to come up with some "comparative negligence" on your part. That essentially means that you're a percentage at fault because of x, y or z. I have seen them allege that inexperience played a role and if you were more experienced, you would have been able to avoid the accident. That's a good one they can apply to most all motorcycle accidents. They like to allege you were speeding, acting reckless, tailgating,

 So you have comprehensive coverage that provides coverage in the event your car is stolen. Your car is stolen by some juveniles that went on a long joyride until caught by police. During the course of the theft and their joyride, the engine blows and the car is now a total loss. Your insurance company simply pays you for the value of your car, right? Well, no. Allstate Insurance insured my client for comprehensive coverage, but claimed that the real cause of the engine blowing was her failure to maintain the car. Allstate actually hired an expert to inspect the engine and miraculously come to the same determination. My client’s car did have an oil leak, but she had regular maintenance performed and ensured that the oil level was always correct. After all, the engine never blew when she was driving. In fact, she had her car serviced and the oil changed one month prior to the theft. The Good Hands people would not budge from their completely unreasonable position, so we were forced to f

 If you are injured by a defective product, please be sure to save the product and not throw it away or otherwise get rid of it. This may sound like common sense, but after a person sustains a serious injury from a defective product, the last thing on their mind is essentially preserving evidence. But without the defective product, it is very difficult, and sometimes impossible to proceed with a products liability claim. In a recent unfortunate case, a young man was severely and permanently injured by an airbag. He was a passenger in the car of a friend. Because of the severity of his injury, he and his family were focused on his car and multiple surgeries.  https://askcompetentlawyer.com/  However in the meantime and before I was contacted, his friend's car was totaled and sent off to the salvage yard. And unfortunately for his products liability claim for the defective airbag, without the car and without the airbag, there was simply no viable claim to pursue. So with any products

 For years now I have been trying to convince people to keep a camera in their car. If you come across something scenic or interesting in Seattle or Everett, you can take a picture, but more importantly, if you are in an accident you can document the scene.  https://askcompetentlawyer.com/  When I first started telling people to keep a camera in their car, I'm sure some people thought I was crazy. To some extent, I thought it may be a bit much. But now, more and more of my clients are coming to me with pictures in hand of the scene of the accident! Sometimes they use a camera, but often they simply use their cell phone camera. So what's so great about pictures of the accident scene or damage to the car? Well, without photos, we have to rely on either a police report diagram, statements of the each driver and/or eyewitnesses, if any. Unfortuantely, eye witness testimony is generally not very credible or accurate, and while police officers do a great job, there are certainly time

 Unfortunately, this blog entry was prompted because of a current client's experience with a body shop. When your car is damaged in a crash, you get it repaired at a body shop. Sounds simple, but depending on your body shop and other factors, you could end up having a very unpleasant experience. It doesn't matter if you're in Seattle, Everett or Arlington, when it comes to body shops, there are good ones and bad ones. So it's vitally important to make sure that you choose a reputable shop that does very good work. (On a quick side note, you are under no obligation to use a shop recommended by an insurance company) The best way to locate a reputable shop is through a referral from friends and family. But even then, make sure that you like the shop.  https://askcompetentlawyer.com/property-damage-litigation/  Does it look professional or is it a guy working out of his garage? Next, if an insurance company is paying for the repairs, DO NOT sign the insurance check until yo

 Most people are aware that pit bulls are a dangerous breed, but persoanally, I would rather be bitten by a pit bull than a Caucasian Shepherd. Admittedly, I knew nothing about this breed until after a client was recently involved in a very severe and vicious attack in the Seattle/Everett area. Caucasian Shepherds are also known as Kavkazskaya Ovcharka and Caucasian Mountain Dog/Sheepdog among other names. This breed is one of the oldest in the world and originally worked protecting livestock on the slopes of the Caucasus Mountains in Russia and Georgia. They are very aggressive and very protective. These dogs were used by the East Germans to guard the Berlin wall and also guard against their own citizens attempting flee. The Caucasian Shepherd has a vicious temperment, is very powerful and massive, a deadly combination if you are on the receiving end of an attack. Because they are so protective, they will not obey anyone they do not believe are superior to themselves. https://askcompe

  Now that the outrage over Casey Anthony's acquittal has subsided a bit, I've had time to reflect on the verdict, the outrage and our criminal justice system. As a civil trial lawyer who hasn't tried a criminal case in many years, I found myself initially stunned at the verdict, but dismayed as well. Not dismayed at the verdict, but at the reaction of what seemed like the entire country, and even my very knowledgeable colleagues. I personally can't say either way that the Anthony jury got it wrong or right. And I find that most people's reaction to the verdict to be arrogant, based upon little or no information and driven by the media.  https://askcompetentlawyer.com/ Everyone who was outraged by this "travesty of justice" did all of their research on the case through their local and evening news. In a criminal case, do you realize how little information that is and that you receive the information in the format and from the perspective of the news statio

  Unfortunately, this blog entry was prompted because of a current client's experience with a body shop. When your car is damaged in a crash, you get it repaired at a body shop. Sounds simple, but depending on your body shop and other factors, you could end up having a very unpleasant experience. It doesn't matter if you're in Seattle, Everett or Arlington, when it comes to body shops, there are good ones and bad ones. So it's vitally important to make sure that you choose a reputable shop that does very good work. https://askcompetentlawyer.com/property-damage-litigation/  (On a quick side note, you are under no obligation to use a shop recommended by an insurance company) The best way to locate a reputable shop is through a referral from friends and family. But even then, make sure that you like the shop. Does it look professional or is it a guy working out of his garage? Next, if an insurance company is paying for the repairs, DO NOT sign the insurance check until yo

  Subrogation, or in other words, the repayment of medical and wage loss benefits to a health insurance carrier, PIP carrier, Medicare (ugh) or L & I is a subject that could take up an entire edition of The Everett Herald, or for that matter, the Seattle Times. But I'll try to make my point and move on. Prior to the decision in  Tobin v. Department of Labor and Industries , 165 Wn.2d 1016, 199 P.3d 411 (2009), DLI always calculated the amount of reimbursement it is owed by including the entire amount of the settlement/verdict which included general damages. I.e. compensation for pain and suffering. Well, the problem with that was that DLI was getting reimbursed out of compensation received for a benefit that they don't provide. So the  Tobin  Court reined them back in and said that the Department can only be reimbursed for benefits paid. So the Department could not get reimbursed out of a claimant's recovery for pain and suffering and could not use it in the distributio

  Proposition 36, passed by California voters in 2000, provides some people accused of non-violent possession or use of illegal drugs the opportunity to undergo drug treatment rather than be sentenced to jail or prison. Codified in Penal Code 1210.1, Proposition 36 is similar to Deferred Entry of Judgment - described in the   July 9 post   - though it differs in several ways. Like Deferred Entry of Judgment, PC 1210.1 is intended only for people accused of drug use or possession. It is not an option for those accused of drug manufacture, sale, or trafficking. The program works like this. The defendant agrees to plead guilty to the drug possession or use charge, and a conviction is placed on his/her criminal record. Instead of being sentenced to jail or prison, however, the defendant is placed on probation with the stipulation that he/she completes a drug treatment program. Additional requirements - such as counseling or community service - may also be imposed. If all of the terms of pr

  From what I can tell, Washington's dog bite statute, RCW 16.08.040 hasn't been changed since 1941, and well, it shows. With the prevalence of severe dog attacks and bites increasing, it sure seems like our dog bite statute should be stronger and broader. Here's the Washington statute: RCW 16.08.040 Dog Bites - Liability. The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. The Washington Dog Bite statute is written in terms of "The owner of any dog" which could be much broader. Case law has helped a bit by expanding this to include harborer or keeper of the dog but there's no reason this change shouldn't be codified. RCW 16.08.040 also limits liability under t

 Insurance agents have the remarkable ability to know very little about the product they are selling, or at the very least seem to do a poor job of explaining coverages to their customers. Yes, I know that there are good agents out there, I have one of them at PEMCO in Seattle, but unfortunately that isn't always the case. One of the biggest misconceptions is that if you are in an accident that isn't your fault, the other persons insurance company will pay for your medical expenses. Well, this is half true. When the other persons insurance company settles the claim with either you or your attorney, the settlement will include your medical expenses. But that doesn't help you if you do not have the ability to pay for necessary medical care now. So what's the answer? PIP Personal Injury Protection (PIP) is a coverage available in Washington that insurance companies must offer you, and if you reject it, you must do so in writing. PIP is basically health insurance if you are

  When you are in a car crash and your car is either damaged or totaled, you have an immediate problem. At the very least, you car is drivable but damaged, or damaged beyond repair and a total loss. Assuming you have collision coverage on your car, who pays for the damage to your car? Perhaps a better question is, who do you want to pay for the damage to your car? In most cases, I recommend that you go through your own insurance company and use your own collision coverage and rental coverage. Many people don't consider using their own insurance coverage since the accident wasn't their fault, but there are potential pitfalls when going through the at fault person's insurance company. First, you are at their mercy. If they handle the claim slowly and treat you like a second class citizen, there isn't much you can do. But if you are going through your own insurance company, you are their insured and they owe you significant duties when handling your claim and as such, you