Author:

Uninsured Motorist Laws in Washington

No one wants to be involved in a car accident, but being an uninsured driver in Washington can create additional issues both legally and financially.

If you drive a vehicle that is required to be registered in the State of Washington, the minimum insurance requirements are: 

1. $25,000 of insurance coverage for bodily injury or death of 1 person in any single accident. 
2. $50,000 of bodily injury or death of 2 or more people in any single accident. 
3. $10,000 of property damage coverage in any single accident.

There are exceptions for those who are self-insured, covered with a certificate of deposit, or covered by a liability bond. If you are driving a vehicle that is required to be registered in another state, you will need to have the insurance required by that state. Additionally, you must have proof of insurance available to show to a law enforcement officer. Driving without insurance can result in a fine of $550 or more. 

Washington Financial Responsibility Law for Uninsured Drivers

As an uninsured driver, if you are involved in an auto accident, your driver’s license can be suspended “if there is a reasonable possibility that a court will make a judgment against” you and there are at least $1000 in damages and any bodily injuries as a result of the collision. This can also apply to the owner of an uninsured vehicle. While your license is suspended, you cannot drive or apply for a license or permit. The license suspension remains in effect for three years from the collision date. It is possible to appeal a suspension or to have your license reinstated.

Was The Uninsured Driver at Fault? 

In accidents where the other driver was 100% at fault, you will be able to pursue compensation and damages from their insurance company if they are insured. Washington is a comparative negligence state. This means that each driver’s responsibility for the accident is given a value, usually expressed as a percentage, and the monetary damages are divided accordingly. This is an important factor in an auto accident case, and an experienced lawyer can help you maximize your claim while helping to minimize any potential negligence assigned to you. Experience in negotiating with insurance companies and potentially litigating the case in court will help ensure that you receive the maximum amount possible. 

When an uninsured motorist is found to be at fault in a collision, you can be held personally liable. This can mean that you will personally have to pay for the damages to the other driver’s vehicle as well as any hospital bills and medical care they might need. You will also be paying out of pocket for your own car repairs and any injuries you have. If you find yourself in this situation, you will want to consult an attorney as soon as possible to aid you in protecting yourself from potentially expensive legal judgments. 

Contact us today for a free consultation about your auto accident case. Our experienced legal team is available at (206) 202- 5137 or info@brumleylawfirm.com

Author:

How Long do I Have to Report a Slip and Fall Accident?

If you’ve been injured, you may be wondering, “how long do I have to file a slip and fall lawsuit?” These types of injury-causing incidents happen to many people every day. In fact, falls are the leading cause of emergency room visits in the United States. In Washington State, you have three years from the date of the accident to file an injury claim in court. There are many factors to consider when deciding if and when to commence your pursuit of damages for a slip and fall case. Consult an experienced Slip and Fall lawyer as soon as possible after your accident to know your options and the most advantageous way to proceed. 

Your Health Is Paramount After a Slip and Fall Accident

After a slip and fall accident, there are many things to consider. First, you must take care of your health and seek necessary medical care. Keep in mind that some injuries that occur from a fall may not be immediately apparent and may need evaluation.

Document Your Injuries

As soon as you are able, you should begin to document your injuries- both financial and physical. Keep copies of any medical bills you incur due to the accident. This may start with an ambulance to the hospital and continue until your physician deems your treatment complete. You will also want to retain any bills or invoices for any medical devices and medications that are necessary. It is also advisable to photograph any injuries, including cuts, bruises, and abrasions caused by the accident. 

Keep Track of Your Financial Losses

In addition, there are other financial losses that you may incur because of your accident. This includes lost wages for any work that you miss as well as other expenses. Keep copies of your pay stubs or checks from before your accident so you can show the money you would have earned if you had not been injured. Any documentation that you can compile will help with evaluating your losses.

Gather Any Available Information

Finally, it is always a good idea to collect other evidence to bolster your case. It is helpful to obtain as much information as possible about your accident. You may wish to request a copy of any internal accident reports filed by the owner/ tenant of the location where your accident occurred. Pictures of the scene close to the time of the incident can be beneficial. If possible, obtain the contact information and statements of any witnesses. It is also helpful for you to write down your memory of the events surrounding your injury as soon as possible. You will want to include information about any hazards present when you fell, such as slippery or dangerous floor surfaces, poor lighting, or other dangers present at the time. 

We Can Help

It is essential to contact a personal injury lawyer as soon as possible to begin to weigh your options as to how you will proceed. Sometimes negotiation with an insurance company or the entity responsible for your injuries may resolve your case. Other cases may require litigation. Your lawyer can help you strategize how to resolve your matter most favorably. While Washington State’s three-year statute of limitations in slip and fall cases may make it sound like you have plenty of time to wait before filing a lawsuit, remember that building a case is time-consuming. An experienced personal injury lawyer will advise you about the optimal time to file your claim in light of your financial losses, ongoing medical treatment, and other factors which are specific to your situation. 

Schedule a free consultation with us now to evaluate your slip and fall case, or call us at 206-487-1943. 

 

Author:

After an Accident

A car accident, especially one involving an uninsured motorist, is always unexpected and unpleasant, but knowing what to do can make your physical and financial recovery easier.

Immediately following an auto accident, the first step is to check yourself and others for injuries and contact emergency services if necessary. If you have injuries that are not life-threatening, you should see a doctor as soon as possible. Injuries from auto accidents are not always immediately apparent. Next, get the names and contact information for everyone involved and any witnesses. It is a good idea also to make notes of any statements made at the scene. You should also write down general information about the accident, such as vehicle direction and speed as well as road conditions. Taking photos and videos can be very helpful as well. If there were no police officers at the scene, you must file a written report of the accident with the local police within four days if there were injuries or property damage over $500.

While gathering contact information from the other parties, you may find that you have been involved in an accident with an uninsured driver. First, you will want to contact your insurance company to inquire about the coverage your policy may offer in this situation. Suppose you do not have uninsured motorist coverage included in your policy. In that case, you will have to pay out of your own pocket for car repairs, medical bills and expenses, and possibly for alternate transportation while your car is in the shop for repairs. 

Uninsured Motorists

To recover these out-of-pocket expenses, you will need to collect them directly from the uninsured motorist who was at fault in the accident. In cases where there are more than $1000 in damages or if there are injuries, you may report the uninsured motorist within 180 days to the Washington State Department of Licensing. If the uninsured motorist still does not compensate you, the Department of Licensing can suspend their license. If you have not received payment for what you are owed, you can pursue a civil lawsuit against the at-fault uninsured motorist. 

It can be challenging to recover damages from an uninsured motorist after an accident. An experienced car accident attorney can maximize your compensation. Contact us today for a free consultation about your uninsured motorist accident at info@brumleylawfirm.com or (206) 309-5854.

Author:

What is Distracted Driving in Washington?

Distracted driving occurs when someone operates a vehicle while doing any activity that is not related to the operation of the vehicle that takes their attention away from driving. Washington has enacted two strict driving laws to combat the dangers of not focusing on the road. First, the most obvious distraction: using a mobile phone or other electronic devices. Electronics are prohibited while driving or even while sitting at a red light in traffic is against the law. As a driver, you are not allowed to hold a device; it must be mounted in the car and operated hands-free. Watching a video, using a hand or finger to interact with email, text or instant messages, photos, or other electronic data is prohibited. The second law prohibits general distracted driving. Secondary offenses, for which a ticket can only be issued if you are pulled over for a separate primary violation, can include almost anything considered to be distracting, such as eating or applying makeup. 

What is Allowed?

Washington’s lawmakers allow some safe use of electronics in the car to accommodate necessary functions that are not distracting. Drivers can operate a device with minimal use of a finger to merely activate, deactivate, or initiate a function of the device. This could include actions like turning on voice commands.

There are also a few limited exceptions to the prohibition of electronic device use in Washington. A driver can use a device to contact emergency services. A person operating an emergency vehicle is not subject to the prohibition against electronics. Transit system employees are exempt when using a device to relay time-sensitive data to a transit dispatcher. There are also certain commercial drivers who are authorized under federal law to utilize electronics while driving. 

It is also acceptable for a driver to pull to a stop at a safe spot at the side of the road or off the road to use their electronic device.

Consequences of Distracted Driving

If a driver uses a personal electronic device while driving a motor vehicle, they can be found guilty of a traffic infraction and will pay a fine. Fines start at $136 and increase dramatically for subsequent violations of this law. Secondary violations such as distraction resulting from “any activity not related to the actual operation of a motor vehicle” can add additional fines to any primary violation. Insurance companies can find out about distracted driving violations as they are reported to the Department of Licensing and can remain on your record for three years. Like a speeding ticket, a distracted driving ticket can affect your insurance premium as it is a moving violation. Because of the potential long-lasting consequences of a distracted driving ticket, it is important to consult a car accident attorney who can help keep your driving record clear and help prevent your insurance costs from skyrocketing. 

Additional Considerations: Accidents and Injuries

Distracted driving that causes an accident or injuries falls under separate criminal laws and can potentially be charged as a vehicular assault. Victims of such incidents that are injured have the right to pursue compensation from the driver and their insurance company. If you have been involved in a distracted driving accident, it is essential to consult a lawyer who can assist you.

Author:

There’s no better way to enjoy the beauty of Washington than boating on our many waterways. Boating safety is paramount, but accidents can still happen. It is essential to know what to do if you find yourself involved in a boating accident.

What To Do if You Experience a Boating Accident

Washington requires a boater involved in an accident to stop their boat immediately and assist the injured or anyone in danger. The exception to this rule is if stopping would endanger the boater or their vessel. Under certain circumstances, the operator must submit a written accident report to a law enforcement agency. A report must be filed in accidents resulting in a death, serious injuries, a missing person, or if there is over $2000 in property damage. In cases of death or disappearance, you must file the report within 48 hours. In all other situations, the filing must be within ten days. If the operator cannot file the report, the owner of the vessel must do it.

Boating Safety Laws in Washington

Boating is highly regulated in Washington in an effort to create a safe environment for everyone on the water. Similar to laws pertaining to driving cars and other motor vehicles, there are statutes that prohibit operating watercraft while under the influence of drugs or alcohol. Additionally, operating a boat negligently or recklessly is an infraction in Washington. The third infraction within a year is punishable as a misdemeanor which can carry up to 90 days in the county jail and up to a $1000 fine. 

Have You Been Injured by a Negligent Boater?

 If you have been injured in a boating accident, the owner or operator of the vessel may be held liable if their negligence caused your injuries. To recover monetary damages, you will be required to establish four elements to prove your claim. The first element is that the person who caused your injuries owed you a duty of care. Next, you must show that their negligence breached the duty of care. The third element is that the negligence caused your injuries. The final factor is proving that you sustained injuries that can be compensated. 

Establishing a claim of negligence in a boating accident can be complicated. An experienced boat accident attorney can simplify the process for you. We know how to negotiate settlements, and litigate if necessary, to ensure that you are fairly compensated. We work hard to quickly resolve your case. As a result, you can focus on more important issues like recovering from your injuries. Call or email us today to schedule a free consultation at (206) 202- 5137 or info@brumleylawfirm.com.

Author:

The Fair Housing Act 

The Fair Housing Act was enacted as part of the Civil Rights Act of 1968 to protect tenants and buyers of real property from housing discrimination. The Act prohibits direct providers of housing from depriving people of housing opportunities due to their race, color, religion, sex, familial status, national origin or disability. The protection of the Act includes almost every part of renting or buying housing. It ensures fairness in obtaining a mortgage, insurance and an impartial appraisal of a dwelling. It prohibits landlords from setting more restrictive requirements for certain people or refusing to rent to someone based on discriminatory criteria. Furthermore, the Act protects those who have lodged a complaint from retaliation. If you feel you have encountered housing discrimination, an experienced lawyer can advise you about the best way to proceed with your case. 

Protected Classes in the Fair Housing Act

The Fair Housing Act bans discrimination against “protected classes”. Members of a protected class share a common trait and are legally protected from discrimination on the basis of that characteristic. The seven groups protected by federal law in the Fair Housing Act are race, color, religion, national origin, sex, disability, and familial status.  

Additional Protection in Washington

Some states, including Washington, have expanded on the Fair Housing Act by adding additional classes of people that are protected from housing discrimination. Washington includes protection based on marital status, gender identity, sexual orientation, immigration or citizenship status, veteran or military status, and for families with children. 

Some cities within Washington offer protection from housing discrimination to even more of their residents. Seattle, Bellevue, Richmond, and unincorporated King County have made it illegal to discriminate against the holders of Section 8 vouchers. Landlords are not allowed to deny rental units because someone will use a Section 8 voucher to pay for their rent and cannot charge such tenants more than they charge tenants who do not use Section 8 vouchers. Landlords are allowed to impose minimum income requirements of up to three times the amount of your portion of the monthly rent. 

Filing a Complaint

If you are experiencing housing discrimination you have several options to consider before deciding on a course of action. It is possible to file a complaint with the U.S. Department of Housing and Urban Development (HUD), the Washington State Human Rights Commission, a City Human Rights Office or in civil court. In a civil lawsuit you can recover your out-of-pocket losses, emotional distress damages, punitive damages as well as payment of your attorney’s fees. The court can also order permanent injunctive relief such as an order to not discriminate or equitable relief including ordering that housing be made available to you. It is important to understand your options if you have been the victim of housing discrimination and what course of action will be most beneficial to you and your situation.

Author:

Negligence in Personal Injury Cases

If you have been the victim of someone else’s negligence, they may be financially responsible for your injuries and losses. Negligence can be described as the failure to apply the level of care toward others that a typical person would use in similar circumstances. Our legal system requires proof of four distinct elements of negligence for a plaintiff to recover monetary damages. The plaintiff, or injured party, must first prove that the defendant owed a legal duty of care. Next, the plaintiff must show that the defendant breached the duty of care. The final two elements are causation and damages. 

Duty of Care in a Negligence Lawsuit

The person who was injured must establish that the defendant owed them a duty of care. The legal phrase “duty of care” means that a person has an obligation to act with reasonable caution to not cause injury to you. This is evaluated by looking at what a reasonable person would do in a similar situation. For example, a driver has a duty of care not to drive while under the influence of alcohol because a reasonable person knows they are likely to cause an accident if they are impaired while driving. An experienced personal injury lawyer can evaluate your specific situation to determine if your case meets this requirement.

Breach of Duty in a Negligence Lawsuit

The burden is now on the plaintiff to show that the defendant breached the duty of care. The breach will have occurred when the defendant acted or failed to act reasonably while carrying out the duty of care. Reasonable care is exercising the degree of caution that an ordinary person would use in a similar situation. For example, if a driver is speeding in heavy traffic in icy conditions and causes an accident, they have breached the duty to operate their vehicle with sufficient care. This is because a reasonable person would take measures to drive cautiously, such as reducing their speed. 

Causation 

Causation has a specific legal meaning within a lawsuit for negligence. The direct connection between the defendant’s careless actions and the injury or damage to the plaintiff is called causation. The person who breached the duty of care must have directly caused the foreseeable injury or accident. Causation is not always easily established and may require expert testimony to be proved in court. 

Harm or Damages

The plaintiff must suffer legally recognizable harm or injury due to the defendant’s breach of duty. The injury can be to the person or personal or real property. The damages can be monetary losses as well as pain and suffering. You must present evidence to prove your losses. There are many types of evidence of harm, including but certainly not limited to medical records and bills, repair invoices, pay stubs to prove lost wages, and expert testimony about how your injuries will affect you financially in the future. Every element of a negligence lawsuit is necessary and important. Proving your damages directly affects how much money you may be awarded for your claim and is most adeptly handled by an experienced personal injury attorney.  

Author:

Has a botched surgery caused injuries leaving you with physical pain and mental anguish? Victims of medical malpractice may be entitled to monetary damages from their health care provider. If you have suffered unforeseen injuries beyond the known risks of a medical procedure, a personal injury attorney may be able to help you. Malpractice lawsuits are complex cases that usually require testimony from expert witnesses for both the plaintiff and defendant. In addition, Washington has many requirements that must be met to properly file and litigate malpractice claims.

Types of Medical Malpractice Cases

In a medical malpractice case, the plaintiff must prove one of three specific types of medical negligence: 

• The injury resulted from the health care provider’s failure to follow the accepted standard of care. 
• The health care provider promised that the injury suffered would not occur.  
• The patient did not consent to the health care that caused the injury. 

The Health Care Provider Failed to Follow the Accepted Standard of Care

This is a common type of medical malpractice claim. To be successful in your case, your lawyer must prove that the health care provider failed to use the care, skill, and learning that a reasonable health care provider would utilize in a similar situation. Expert witness testimony may be necessary to establish what would be reasonable in the context of your injury. You must also prove that the health care provider’s actions were the proximate, or actual, cause of your injury. 

A Promise that the Injury Would Not Occur

In this type of malpractice case, a health care provider would promise that the health care would provide a specific result or cure. This is uncommon because most health care providers discuss the possible outcomes of medical treatments with their patients. Patients also regularly sign consent forms that address possible negative consequences before the health care is provided.

Informed Consent

In a malpractice case involving the patient’s informed consent to a medical procedure, the plaintiff must prove four legal elements. First, the plaintiff must show that the “health care provider failed to inform the patient of a material fact or facts relating to the treatment.” The second element is that the patient consented to the treatment without the material facts. Next, you must show that a reasonably prudent patient under similar circumstances would not have consented to the health care if they been adequately informed. The fourth and final element of such a case is establishing that the medical treatment was the proximate, or actual, cause of the plaintiff’s injury. 

Additional Factors in Medical Malpractice Cases

You must consider a few additional details when contemplating a medical malpractice case. First, in all medical malpractice cases in Washington, the parties must attend mediation before trial. Mediation does not affect your right to a jury trial.

Another essential consideration is the statute of limitations. In Washington, you must file your case within three years of the incident that caused the injury OR one year after you discovered (or should have reasonably discovered) the error that caused your injury- whichever is later. This is limited to an eight year maximum unless the statute of limitations is tolled, or extended, for specific statutory reasons. 

Covid-19 and Medical Malpractice

Due to the evolving nature of the Covid-19 pandemic, the Washington Legislature enacted Senate Bill 5271 in May 2021. This bill requires the court to consider additional factors in a medical malpractice case involving Covid-19.

Call us at (206) 202-5137 or info@brumleylawfirm.com today for a free consultation about your medical malpractice case. 

 

Author:

Many people find themselves involved in a car accident at some point in their life. If the situation arises, it is essential to know what steps to take and how to protect your interests if you have been injured in an auto accident.

Evidence at the Scene of the Auto Accident

Get names and contact information for anyone involved in the accident or who witnessed the incident. If possible, take video and pictures of the accident site. Write down any statements they make at the scene. Take note of road and weather conditions as well as the location and direction each vehicle was traveling. Writing things down while the incident is fresh in your mind will help you accurately remember the accident. 

Do not make statements that could be interpreted as taking responsibility for the accident. Avoid phrases such as “I’m sorry; I didn’t see you” or other similar expressions that could indicate the accident was your fault. 

Obtain Medical Evaluation; Document Injuries

If you are injured in an auto accident, you may need to go to the emergency room or an urgent care facility for severe injuries. If your injuries are not life-threatening, see a doctor as soon as possible. You might be unsure, or your injuries may show up after some time has passed. Soft-tissue damage may not be apparent until days after an accident. It is not unusual for adrenaline to mask the pain of injuries at the time of an accident. Keep copies of all reports documenting your injuries; if possible, take photos of any wounds. 

Report the Accident

If there were no police officers at the scene, you must file a written report of the accident with the local police within four days if there were injuries or damage over $500.

Organize Your Records

Document all of your medical expenses. Keep every invoice, bill, and receipt for any charge related to your injuries. This includes medications, parking, transportation fees, and any other out-of-pocket costs related to your treatment. 

You will also need a copy of the police report.  Assemble all of this documentation in preparation for contacting the insurance companies. 

Contact Insurance Companies if you Have Been Injured in an Auto Accident

Notify your insurance company if you have been injured in an auto accident. Your insurance company is responsible for defending you if the other party retains a lawyer and sues you. 

Contact the other driver’s insurance company. If you hire a private attorney to assist you, the insurance company will need to go through your lawyer and not contact you directly. The claims adjuster will interview you. Be careful when answering a claim’s adjuster’s questions; they often look for information they can use against you. It is wise to consult an experienced personal injury lawyer to discuss the best way to handle discussions with the adjuster. Keep detailed notes about your interactions with the insurance companies. 

During negotiations with the insurance company, keep in mind that they are a business and will try to settle for as little as possible. While it doesn’t seem fair, insurance companies are notorious for offering unrepresented parties less than someone represented by an experienced car accident attorney. While it might be possible to handle this situation yourself, it may not be to your financial advantage to proceed without consulting a lawyer. A car accident lawyer knows what your claim is worth and how to get what you deserve. Another factor to consider is Washington’s Contributory Fault statutes which reduce your settlement by the percentage of fault you are alleged to have in causing the accident. This issue can be particularly tricky to handle without an experienced lawyer to protect your interests. 

Call us today at (206) 309- 5854 or info@brumleylawfirm.com for a free evaluation of your case. 

Author:

What Types of Injuries Are Covered by Personal Injury Lawsuits? 

Has someone injured you? If so, you may be wondering if they are legally responsible for paying for your expenses and injuries in a personal injury lawsuit. The types of damages that can result in personal injury lawsuits are widely varied. They can be physical, emotional, or financial injuries. The injury can result from an accident, negligence, intentional act, or failure to act. For instance, some of the most common types of personal injury cases are car accidents, medical malpractice, slip and fall accidents, defamation, assault, dog bites, and workplace accidents. An experienced personal injury lawyer is qualified to evaluate your injury to determine whether you have a valid claim. 

Causation in Personal Injury Lawsuits

Have you been harmed because of the negligent or intentional actions of another person? To be successful in showing the other party’s responsibility, you must establish causation. Causation is a legal concept that requires you to show the connection between the accident and your injuries to prove the direct cause of the harm you have experienced. 

Personal Injury Liability

Establishing liability requires proving that someone is legally responsible for your injuries. You must show that the person’s behavior “breached their duty of care” and caused your injury. For example, a driver has the duty to act as a reasonable person while operating a vehicle and to avoid acting in a way that would cause injury to others. 

It is important to note that Washington is a contributory fault state. Contributory fault means that both parties in an accident can be partially responsible.  Your compensation could potentially be reduced by the degree to which you contributed to the situation that caused your injuries. 

Damages

In a personal injury case, you will need evidence that your injuries were severe enough to have caused you to suffer an actual loss. Your damages may include physical injury and pain, emotional effects, and monetary losses. For instance, medical costs, lost wages, the cost of repairing or replacing damaged property, loss of quality of life, or funeral expenses are all examples of damages that can be legally recovered. Evidence of your losses is essential in establishing the value of your claim. Items such as medical records, receipts, bills, and notes will help supply the necessary documentation. The person or business who caused your injuries, or their insurance carrier, are potentially responsible for paying for your damages.

Statute of Limitations

To protect your interests, consult an experienced personal injury attorney as soon as possible after your injury.  Avoid potential problems with the statute of limitations that applies to your case. Personal injury cases caused by negligence have up to three years after your injury to file your claim. Some types of cases are subject to a two-year statute of limitations. Contact us today at (206) 202-5137 or info@brumleylawfirm.com to schedule a free consultation and find out if you have a potential personal injury lawsuit.