Posted On: February 29, 2008

COURT RULES

COURT RULES:
The rules governing the procedure in various courts in Washington State, as well as in most other states. Generally, in Washington State these are divided into different subjects, including Rules of General Application, Rules for Court of Limited Jurisdiction, Rules for Superior Courts, Rules on Appeal and several others. In all suits of a civil nature in Washington State superior courts these rules are called Superior Court Civil Rules (CR). Many counties also have Local Rules (LR) specifying rules of practice unique to that county.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 28, 2008

CRIMINAL LAW

CRIMINAL LAW:
This refers to law that is not civil law. It is the law dealing with criminal statutes and their violation.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 28, 2008

COURT TRIAL

COURT TRIAL:
A trial to a judge or the court, as opposed to a jury. This is also referred to a bench trial.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 27, 2008

CROSS EXAMINATION

CROSS EXAMINATION:
This is the questioning of a witness in litigation by an adverse party.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 27, 2008

CROSS CLAIM

CROSS CLAIM:
This is also referred to as cross complaint. After a complaint has been filed against a defendant, the defendant may file a written complaint against a co-defendant or against a third party as long as the subject matter is related to the original complaint. When filed against a co-defendant, the pleading is called a cross-complaint, and as to that pleading, the defendant is called a cross-plaintiff and the party he or she sues is called a cross-defendant.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 26, 2008

DECLARATION

DECLARATION:
A written statement made under oath. It is created by statute and must meet certain statutory requirements. It is similar to an affidavit, but does not require a notary’s signature.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 26, 2008

DAMAGES

DAMAGES:
The amount of money, which a plaintiff is suing for or is awarded in a lawsuit. There are several types of damages. Special damages are those damages caused by the injury, including medical and hospital bills, ambulance bills, loss of wages, and repair or replacement of property. General damages are those damages, which are the result of the other party’s actions, such as pain and suffering, future problems and effects of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, humiliation from scars, loss of anticipated business and other harm. Exemplary or punitive damages combine punishment and the setting of a public example. These damages may be awarded when the defendant acted in a malicious, oppressive, wanton or grossly reckless way in causing special and general damages to the plaintiff. Exemplary damages are allowed in only limited circumstances by statute in Washington State.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 25, 2008

DECREE

DECREE:
This is a judgment issued by a court in an equitable proceeding.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 24, 2008

DEFAMATION

DEFAMATION:
This refers false and malicious statements tending to injure a person’s reputation or expose him or her to public hatred, contempt, ridicule, shame or disgrace. If the false statement is made in print or by broadcast, it is liable. If the false statement is made orally, it is slander.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 23, 2008

DEFAULT JUDGMENT

DEFAULT JUDGMENT:
This can occur when a defendant in a lawsuit fails to formally respond, by filing an appearance or an answer to a complaint in the time set by law, usually 20 days in the State of Washington, the plaintiff can request the court enter a default, which gives the plaintiff the right to request the court enter a default judgment.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 22, 2008

DEFENDANT

DEFENDANT:
This is the party a plaintiff sues in a lawsuit or the person charged with a crime in a criminal case. The same as a respondent in an equitable proceeding.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 21, 2008

DEMAND LETTER

DEMAND LETTER:
This is a letter demanding payment of a certain sum or demanding that a wrong be made right. In personal injury cases, this is a letter expressly demanding the payment of compensation from the negligent party or his or her insurance company.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 18, 2008

DEPOSITION

DEPOSITION:
As used in the State of Washington, this is a discovery mechanism whereby a party to a lawsuit may ask questions and obtain answers, under oath, from a party, witness, or expert. A court reporter makes a written transcript of the all questions asked and answers given in the deposition.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 17, 2008

DISCOVERY

DISCOVERY:
Generally, parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending lawsuit, whether it relates to a claim or defense of the party seeking discovery or to a claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. Parties may obtain discovery by depositions upon oral examination or written questions, written interrogatories, production of documents or things, permission to enter upon land or other property for inspection and other purposes, physical and mental examinations, and requests for admission.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 17, 2008

DIRECTED VERDICT

DIRECTED VERDICT:
This occurs at the close of a plaintiff’s case when a defendant can ask the court to rule that the plaintiff failed to produce sufficient evidence, when viewed in a light most favorable to the plaintiff, to support his or her claim. If the court rules in the defendant’s favor, the defendant is entitled to dismissal of plaintiff’s claim without having to put on any evidence. This also can occur at the close of defendant’s case when a plaintiff can ask the court to rule in his or her favor as to liability or special damages.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 17, 2008

DIRECT EXAMINATION

DIRECT EXAMINATION:
This refers to the questioning of a witness in litigation by the party calling the witness to testify.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 16, 2008

DISTRICT COURT

DISTRICT COURT:
These are courts of limited jurisdiction in Washington State, which have jurisdiction over cases not involving real estate, false imprisonment, defamation, malicious prosecution, or actions against executors of wills, and which the damages claimed does not exceed $50,000.00. The United States District Court is the court of general jurisdiction and the primary trial court in the federal court system.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 15, 2008

DOCKET

DOCKET:
This is a calendar of court proceedings usually prepared by the clerk of the court. A trial docket contains a list of cases, which are set to be tried in a specified term.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 14, 2008

EQUITY

EQUITY:
Generally, rights and procedures intended to provide fairness, unhampered by the narrow strictures of the old common law or other technical requirements of the law. Equitable remedies refer to non-monetary remedies such as restraining orders, injunctions, specific performance and rescission. Originally in English common law and in several states there were separate courts, often called chancery courts, which handled lawsuits seeking equitable remedies. Gradually courts of equity have merged with courts of law.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 14, 2008

Changing Washington wrongful death requirements – House Bill 1873

House Bill 1873 (HB1873), introduced by Representative Tim Ormsby (D-Spokane) has been passed by the Washington House of Representatives and is currently in front of the Washington State Senate, changes the requirements for recoveries of a wrongful death for parents. The current law states that a parent can not recover damages for wrongful death of a child once that child turns 18 unless the parent can prove that they are economically dependent on that child. HB 1873 seeks to change that law to apply to those that are 18 and over who are not married and do not have children.

Why does this law need to be changed? The best way to tell you is by anecdote. Say for example, a 19 year-old-son is attending a University and is killed in a hazing incident in his fraternity. With the current law, the parent can not sue the fraternity or the University for wrongful death. The fraternity or University cannot be held fully liable for the death of a precious child and the parents can not receive damages for the loss of their child.

As we see it, HB1873 puts Washington State Law on the par with 47 other states in the nation. Parents should be able to hold wrongdoers responsible for the death of their child because of negligence. Check the Washington Votes website for the full text of the bill.

Washington State has a wrongful death statute, which requires the knowledge of a skilled lawyer to successfully navigate. Wrongful death cases are usually brought on behalf of the deceased by the surviving spouse, child or parent. With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling wrongful death cases, you may be able to recover damages in a wrongful death lawsuit. Contact us today for a free case consultation.

Posted On: February 13, 2008

EVIDENCE

EVIDENCE:
This is testimony, writings and other things that are offered by a party in a trial to the trier of fact in order to prove the existence or non-existence of a fact.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 12, 2008

EXPERT WITNESS

EXPERT WITNESS:
This is an individual who possesses specialized knowledge through skill, experience, training or education, beyond that of the ordinary person or juror, and whose specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue. As a result of being an expert, the witness is allowed to testify in the form of opinion as opposed to just personal knowledge. In personal injury cases, often, a health care provider who examines or evaluates a patient may testify as an expert.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 12, 2008

EXEMPLARY DAMAGES

EXEMPLARY DAMAGES:
Exemplary or punitive damages are monetary damages, which combine punishment and the setting of public example. These damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing special and general damages to the plaintiff. In the State of Washington exemplary or punitive damages are allowed in very limited circumstances by statute only.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 12, 2008

Prescription Errors – an all too common form of Medical Malpractice

USA Today reported the case of a 5 year old boy, Trey Jones, who suffered serious side effects as a result of a prescription error. The child was dispensed the wrong medication by a Walgren’s pharmacy and took the medication for two months before the error was discovered. The boy’s serious side effects included rages and also signs that he was going into premature puberty when he was given a Methitest – a synthetic hormone -- instead of a blood pressure medication. The lengthy report by USA Today says that the incidence of receiving a prescription with a potentially life-threatening result is 1 in 1,000 prescriptions. USA Today Reporters Erik Brady and Kevin McCoy investigated the records of two of the largest pharmacy chains, CVS and Walgren. In Washington State, The Farber Law Group, represents clients who have suffered serious injury or wrongful death due to medical malpractice.

Some of the reasons cited that prescription mistakes are made include:
• Requiring pharmacists to fill over 350 prescriptions per day.
• Emphasizing speed in filling prescriptions
• Needing more staff
• Failing to provide patient counseling
• Relying on technicians rather than pharmacists
• Failing to provide patient enough information on the medications they are prescribed

The newspaper also highlighted two cases that resulted in the patient’s death:

• Eric Warren a 31 year old wrestling coach whose family was awarded $6 million after he died from a serious drug interaction.
• Beth Hipperly a 42 mother of three who died after being given the wrong dosage of blood thinner. Her family was awarded $25.8 million.

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To avoid problems with prescriptions, patients are urged to research every medication they are taking and check what the common usages are for the drug they were prescribed along with the drug shape and color. WebMd's drug interaction checker can help a person check for drug interactions. The FDA also has an information page on Drug Interactions: What You Should Know.

If you or a family member has suffered a serious injury or death due to a prescription error, The Farber Law Group, a Washington law firm experienced and knowledgeable in handling medical malpractice claims may be able to help you recover your damages. Generally, personal injury attorneys handle medical malpractice cases on a contingent fee basis. That means that they do not charge you any attorneys’ feels, until and unless they recover money for you. Contact us today for a free case evaluation.

Posted On: February 11, 2008

FEDERAL COURTS

FEDERAL COURTS:
These are courts of the United States or federal court system created by Article III of the United States Constitution or subsequently created by Congress. Federal courts consist of federal district courts, which are the primary trial courts, circuit courts of appeal, which hear appeals from the federal district courts and from some specialized federal courts, and the United States Supreme Court, which is the court of last resort.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: February 6, 2008

Two Construction Workers Seriously Injured in Bellevue, Washington Accident

Two Bellevue, Washington construction workers were taken to Harborview Medical Center in Seattle after being struck by construction equipment. The workers were installing guy wires on 118th Av SE when the accident occurred. According to KOMO news, “The hydraulic equipment that they were using to dig the hole malfunctioned, swung around and struck two of the five workers, seriously injuring them.” Construction accidents occur far too frequently and if they are the results of negligence, the injured person should contact an attorney who is experienced in construction accidents and worker's compensation laws.

Construction accidents resulted in 87 deaths in Washington State alone in 2006 according to U.S. Department of Labor Statistics. In 13 of those 87 deaths, the workers were hit by a piece of equipment as in this Bellevue case. Worker’s compensation covers most injuries that occur at the work place. However, in the case of faulty equipment, the equipment manufacturer, installer or owner could also be liable for damages.

A worker in who has been hurt while at work should seek the counsel of a construction lawyer. Accidents like the one that happened in Bellevue can be very serious and debilitating. The cost of rehabilitation, loss of wages and the inability to work for a long period of time can have serious financial consequences to a family.

The Farber Law Group specializes in the field of construction site accidents in the Pacific Northwest. They are familiar with all areas of construction site law and can utilize their knowledge to help prove negligence or blame from third parties. Often a work place injury goes beyond the scope of worker compensation laws. They can insure that all OSHA workplace rules and regulations had been followed properly. If you or a loved one has been hurt or killed in a construction site accident, contact The Farber Law Group, a firm that specializes in personal injury claims, who can help you receive all the compensation you deserve.


Posted On: February 5, 2008

INSURED

INSURED:
A person who is covered by an insurance policy. The insurance policy could include auto, homeowners, health, general liability, umbrella or other insurance.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 4, 2008

INDEMNIFY

INDEMNIFY:
Means to guarantee against a loss which another might suffer, such as when two parties settle a dispute and one of them agrees to pay any claims which may arise from the dispute, holding the other harmless.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 3, 2008

INJUNCTION

INJUNCTION:
This is an order issued by a court prohibiting a person from performing some act or requiring him or her to perform some act.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: February 1, 2008

IME

IME:
As used in the State of Washington, this is a discovery mechanism, under either Superior Court Rule 35 or under the Personal Injury Protection (PIP) provision of one’s auto insurance policy, whereby a party to a lawsuit is required to submit to a physical or mental examination in order to determine his or her physical or mental condition. This is referred to by insurance companies and insurance defense lawyers as an “independent medical examination”. It is referred to by plaintiff’s lawyers representing injured people as an “insurance medical examination”.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.