Washington Injury Attorney Blog

ACCIDENT:

An unintended event, sometimes causing injury, e.g. auto accident. See also negligence.

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.

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ADJUSTER:

A representative of an insurance company, either an employee or an adjustment firm. It is the responsibility of the insurance adjuster to negotiate a settlement of an injured person’s claim for damages. Adjusters may also represent the insurance company in approving a settlement.

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.

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Linda Guile, a woman from Renton, Washington had her spinal nerves severed, losing control of her bladder and bowels while undergoing back surgery by Dr. Britt Borden. Barbara Ristved, also a Washington State resident, had similar damage in a surgery that Borden performed on her. Both women won malpractice settlements because of their botched surgeries.

After leaving Washington State, Borden stated practicing neurosurgery in Aberdeen, S.D. There, his patient Marilyn Zubke, underwent surgery after a car accident. When that surgery was botched, she underwent another surgery by Borden, which was also botched. Zubke was awarded a $990,000 settlement in a medical malpractice suit.

The Capital-Journal reports that though Dr. Borden has lost malpractice suits in South Dakota, Virgina and Washington, the Kansas healing art board has issued Dr. Borden a license to practice medicine. On his application for a license in Kansas, Borden denied negligence in his previous malpractice cases.

We concur with Marilyn Zubke who believes that a physician's records concerning malpractice and discipline should be made public so that patients can make informed decisions.

If you are the victim of a botched surgery, contact The Farber Law Group. At The Farber Law Group, we are experienced in representing the victims of negligent doctors and other health care providers and in helping victims recover compensation for your injuries, or those of a loved one.

Please contact us for a free consultation.

In a previous blog posting, we discussed House Bill 1873 (HB1873) which would allow parents to sue for the wrongful death of an adult child due to the negligence of another. HB1873, sponsored by Tim Ormsby (D-Spokane), is currently in front of the Washington State Senate.

State Representative Brendan Williams (D-Olympia) in a column, Valuing Families in an enlightened age, says that current laws have "not caught up with the times" as many families are still significantly involved in their children's lives beyond the age of 18. He says current laws also do not take in account of parents whose disable d child might be killed through the negligence of another, thus diminishing the value of their lives. Williams believes that HB1873 not only rights wrongs, but deters them.

In a heartfelt letter to the PI, Ann Millican of Elk wrote about the 2006 death of her 19-year-old son in an industrial accident. Millican wrote that the work site lacked safety devices and had mechanical failures. Without HB 183, she is unable to "seek accountability" for her son's death through a wrongful death action. She feels that without HB1873 those young unmarried children who were killed by "gross negligence, oversights, lack of safety compliances, criminal offenses, faulty equipment manufacturers, parts and device failures, poor equipment maintenance" voices will not be heard.

In another letter to the editor, Karen Anderson of Omak, wrote about the death of her 39-year-old son who was killed at a construction site when a 2,000-pound wall fell on him. In her letter, Anderson described the devastating consequences to the entire family. She urges the Senate to pass the bill.

The letters in The Seattle Post Intelligencer are but a few of the parents speaking urging the Senate to pass HB1873. Parents feel that the HB1873 holds people whose negligence contributed to the death of their child accountable. We concur.

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.

ADMISSIBLE EVIDENCE:

Evidence 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. Some evidence is not relevant or is not admissible for some other reason, such as it is hearsay, leading, calls for a conclusion, or it lacks foundation. Evidence, which the judge allows into the trial is admissible evidence, while evidence, which the judge does not allow in is inadmissible.

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.

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The Seattle Times reported today that nine Washington State residents, including two elderly women living in King County, have been sickened by Salmonella. One woman was hospitalized and King County health officials said that both women are recovering.

The cantaloupe originated in Honduras where they were grown and packed by Agropecuaria Montelibano. The U.S. Food and Drug Administration has issued an alert and asked that the cantaloupe be removed from stores and from food service. They also urge all consumers to return any cantaloupe to their grocers to determine if it was provide by Agropecuaria Montelibano.

Salmonella is one of the leading causes of foodborne illness in the United States. The most common symptoms of the disease is vomiting, diarrhea, bloody diarrhea, fever, chills and stomach cramps. Serious complications can include dehydration and sometimes death, especially in the young and the elderly.

The King County Health Department has a fact sheet on the disease.

If you or a family member has become seriously ill due to Salmonella, contact The Farber Law Group. The Farber Law Group has more than 30 years experience in representing people that have become seriously ill because of food-borne illness.

ADMISSION:

In the law of evidence, this is any statement made by a person, outside of his or her testimony at trial, used in a civil or criminal trial, usually over an objection of hearsay, and admitted into evidence to prove the truth of the admission or to impeach a witness’ testimony by showing the witness’ statements are inconsistent. In pleading, an admission means that that one party admits or agrees that certain pleaded facts or allegations are true.

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.

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AFFIDAVIT:

A written statement made under oath. See also Declaration.

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.

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AFFIRMATIVE DEFENSE:

This contained in an answer to a complaint, in which a defendant responds to the allegations by pleading something more than a simple denial of the plaintiff’s allegations. Some common affirmative defenses include comparative fault, failure to state a claim upon which relief can be granted, lack of jurisdiction over the subject matter, lack of jurisdiction over the person, insufficiency of process, insufficiency of service of process, failure to join a party, a party lacks standing, statute of limitations, laches, waiver, and estoppel. Generally, the party asserting the affirmative defense has the burden of proof.

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.

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ALLEGATION:

A statement made by a party, contained in a pleading, and which the party intends to prove is true. Typically, the party alleging the statement has the burden of proving its truth.

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.

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ALTERNATIVE DISPUTE RESOLUTION:

This refers to alternatives to a trial for resolution of legal disputes, including mediation, arbitration, and settlement conferences.

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.

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The Daily News Online reports that the Cowlitz County Coroner has adapted a new policy and will now investigate all at-home deaths. The County Coroner, Tim Davidson said that they would also investigate deaths at nursing homes if the patient did not die of natural causes. The change in the coroner’s policies is because of concerns of the problem of elder abuse. Corner Davidson and his Deputy Brett Dundas said they will staff the coroner’s office 24 hours a day to ensure that elders who have been abused or neglected will not be buried without documentation of their condition taken place.

Coroner Davidson said he estimates that the office will review about 200 more cases a year due to the change in policy. The Daily News Online says that the policy change stems from concerns of family members who fear that their Grandma or Grandpa was abused which caused their death. He believes that there is a huge problem with elder abuse.

Elderly patients are some of our most vulnerable citizens. Often they cannot speak up for themselves. Hopefully, the coroner’s action will send a message to everyone that cares for the elderly that abuse will not go unnoticed.

If one of your loved one has been seriously injured or you believe that their death was a result of neglect or abuse, you need to seek legal counsel. The Farber Law Group, with a depth of experience in protecting the rights of elderly patients, will provide you a free consultation regarding your case.

AMENDED PLEADING:

When a change to a pleading is required or desired, the pleading can be amended by filing with the court an amended pleading, such as an amended complaint, amended answer or amended reply. A pleadings may be amended for many reasons, including making a additions or correction in the allegations, adding causes of action to a complaint, counterclaim or cross claim, or adding affirmative defenses. Amendments can only be made by a plaintiff prior to serving the defendant, or by any party, upon stipulation by the other parties or by order of the court.

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.

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In an accident reminiscent of the November, 2006 accident in Bellevue, Washington, a large construction crane in New York City toppled, killing seven and injuring 24 more. In the Bellevue, Washington accident – an accident that occurred next door to the offices of The Farber Law Group – the crane toppled after it had been seen swaying in heavy winds. Only one person was killed in that accident, but it could have been much worse had it occurred during normal business hours.

The New York crane accident involved a 19-story-tall crane that toppled onto a four-story brownstone in the East Side. The six of the seven deaths were all construction worker with the seventh death a woman who was staying in an apartment in the building that was damaged. Of the 24 injured, 11 were first responders. New York City Mayor, Michael Bloomberg said that investigators are looking at for cause of the accident and that it was either “mechanical failure” or “perhaps human error.”

In the wake of the Bellevue accident, the parents of the victim, Microsoft attorney, Matthew Ammon, filed suit against Lease Crutcher Lewis, general contract and Magnusson Klemencic Associates, an engineering firm according to The Seattle Post Intellligencer. Ammon’s parents said they filed suit because “Despite the state’s investigation and report, the companies that caused our son’s death are refusing to acknowledge their responsibility.” A trial date of March 23, 2009 is set.

If your or a loved one has been seriously injured or killed as a result of the negligence on the part of another person (wrongful death), you are entitled to compensation. At The Farber Law Group, our lawyers are familiar with laws regarding 3rd parties and construction-related injuries. While money cannot fully compensate for a serious or debilitating injury or the loss of loved one, compensation for medical expenses and lost earning can help insure a stable future for you and your family. Contact us today for a free case consultation.

The State of Washington revoked the license for an adult care home, Carol’s Country Touch, after investigators found evidence of abuse. Reporter, Leah Beth Ward, writing for The Yakima Herald-Republic reported that the investigation of Carol’s Country Touch on South 32nd Avenue began last summer after a resident reported that she had been verbally attacked and grabbed “harshly and angrily.”

The operator of Carol’s Country Touch, Carol Winters, was reported to have berated residents, yelling and cursing at them when they ate too slowly or walked too slowly. The state says that a license of a facility can be revoked if the operator fails to provide an environment where residents are “free from physical and mental abuse.” A state administrative law judge sided with the state when Winters appealed the license revocation.

The residents were moved to other group homes in mid-August after the state revoked Winters’ license.. David Moon, regional administrator for Residential Care Services, said the state shuts down one or two facilities in the Yakima and Central Washington area per year. The DSHS Aging & Disability Services Administration (ADSA) regulates adult care homes and their web-site provides a wealth of information.

Families of nursing home or group home residences should look for some of the followings signs of physical or emotional abuse:

• Patient is belittled, threatened and verbally or emotionally abused.
• Patient is unclean and their hair is not washed.
• Patient’s dentures are not clean or they are not receiving proper oral care.
• Patient has an unexplained weight loss.
• Patient has bedsores or ulcers.
• Patient has broken bones.
• Patient has an unexplained withdrawal in social interactions, a drastic change in their moods.
• Patients have frequent urinary tract infections.
• Patient’s skin is dry and flaky or red with tears.
• Patient is immobile for long periods of times.
• Incontinent patients are constantly in a wet and soiled condition.
• Patients are physically restrained.
• Few staff visit resident’s rooms.
• Patient’s physical or mental status has changed and the family has not been informed.
• Patient has had a fall.
• Patient has unexplained bruising.
• Patient’s personal belongings have gone “missing” or their financial situation has changed drastically.

If your spouse, parent or loved one has been seriously injured or has died as a result of nursing home neglect or abuse, you should contact an attorney who specializes in elder law. The Farber Law Group has more than 30 years experience in representing families of elderly, infirm and vulnerable adults. Contact us for a free case evaluation.

Burns are usually caused by an explosion, fire, hot liquids, chemicals, electricity or sun light. Burns may result from an accident caused by another person’s negligence. This may include premises liability, defective equipment, defective or dangerous products, negligent security or common law negligence.

It is estimated that 1.25 million burn injuries occur each year in the United States, many thousands of these occurring in Washington State.

Injuries suffered from burns are classified in three ways:

1. First degree burns are the most common type of burn injury. This involves only the top layer of skin and is characterized by pain, redness, and swelling. Sunburn is a typical first degree burn.
   
   
2. Second degree burns involve the first and second layers of skin. This is characterized by blistering of the skin, redness, and swelling and is very painful.
   
   
3. Third degree burns are the most severe and they often result in extensive scarring. This can require long recovery time and may result in severe limitations.
   

Burns may result in serious personal injury, pain and suffering, and mild to severe scarring. Injuries from burns may result in extensive medical bills, wage losses, and economic losses. Damages may include future losses and compensation for permanent injuries.

Victims of burns need specialized legal representation. If you or a member of your family has suffered from injuries as a result of burns, contact The Farber Law Group. We are experienced in representing the victims of injuries resulting from burns and helping those victims recover compensation for their injuries.

Please contact us for a free consultation.

BENCH TRIAL:

A trial heard and decided by a judge without a jury.

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.

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ARBITRATION:

An alternative to a trial where the parties agree to an individual or individuals to make a binding damages award or other decision based upon the testimony of witnesses and other evidence presented.

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.

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APPEAL:

A request by a party for a higher or appellate court to review a lower or trial court’s decisions regarding questions of fact. In Washington State, district court cases may be appealed to the superior court, superior court cases may be appealed to the Court of Appeals, Court of Appeals cases are subject to a petition for review to the Washington State Supreme Court, and a small number of Washington State Supreme Court cases are subject to a writ of certiorari to the United States Supreme Court. In the federal court system, United States District Court cases may be appealed to the United States Circuit Court of Appeals for the circuit in which the district court is located, and United States Circuit Court of Appeals cases are subject to a petition for review to the United States Supreme Court, where only a very small percentage are accepted for review.

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.

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ANSWER:

In litigation, this means a formal pleading which sets forth a defendant’s response to a plaintiff's complaint. In the State of Washington, a defendant, has twenty (20) days to answer the allegations in plaintiff's complaint.

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.

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ATTORNEY:

Also attorney-at-law or lawyer. In the United States, a licensed practitioner of the law. One who advises clients in legal matters.

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.

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ASSAULT AND BATTERY:

The willful or intentional touching of a person against that person’s will.

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.

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According to the Center for Disease Control and Prevention (CDC), every year 325,000 Americans are hospitalized and approximately 5,000 die from foodborne infections such as E. coli. While most healthy people recover quickly from the illness which causes stomach cramps and severe diarrhea, the young, immuno-compromised and the elderly often become very ill because of the disease. In the past year, we have seen recalls of bagged salads and frozen pizza because of potential E. coli or salmonella contamination.

In 1993, an E.coli outbreak at a fast food restaurant chain in Washington State sickened hundreds and killed four children. The Associated Press (AP) interviewed Alyssa Chrobuck who was sickened at the age of 5 in the infamous Jack-in-the-Box case. Now a college student, Chrobuck feels lucky to be alive because her major organs started to shut down after she was infected. Her parents were told that she would die. She recovered from the initial illness but has suffered health effects ever since and takes eight medications daily.

Hemolytic Uremic Syndrome (HUS) is a serious complication of E. coli poisoning. HUS is a form of severe kidney damages which is fatal in 10% of the cases. HUS survivors experience serious health problems that linger, sometimes for a lifetime.

E. coli is a common bacteria that lives in the intestines of people and animals. Many strains are harmless but one dangerous strain, O157:H7 produces a powerful poison. People are sickened if E. coli gets into their food or water source. This happens when proper hygienic practices are not maintained such as washing hands and food properly.

If you or a family member has been hospitalized because of a foodborne illness such as E. coli or if a loved one has suffered serious health complications or died due to a food-borne illness, you may be eligible to receive compensation for damages and medical costs. Contact The Farber Law Group who has been successful in obtaining awards for victims of E.coli. Because of the lingering health effects of E. coli, you need to make sure your rights are preserved.

BAD FAITH:

Actions which are motivated by malicious intentions. By an insurer, it is the refusal or negligence of an insurer in fulfilling a legal duty or contractual obligation.

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.

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ATTORNEY-CLIENT PRIVILEGE:

Communications between a client and his, her or its attorney are confidential and may not be revealed by the attorney. Attorney-client privilege encourages open and honest dialogue between a client and attorney. In Washington State and in federal courts, only the client’s communications are protected. An attorney’s communications to his or her client is protected only to the extent it contains client communications. Generally, in order for communications from a client to an attorney to be privileged: the person asserting the privilege must be a client; the person receiving the communication must be a licensed attorney, acting as an attorney, or an agent or employee of the attorney; the communication contains a fact or facts made by the client, without the presence of third parties, and made for the purpose of securing legal services, obtaining a legal opinion, or obtaining assistance in a legal proceeding; the communication must not be for the purpose committing a crime or a tort; the client is claiming the privilege; and the client has not waived the privilege.

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.

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BURDEN OF PROOF:

The legal requirement to prove allegations contained in a lawsuit or to prove the necessary facts required in order to prevail on a particular legal theory. A plaintiff typically has the burden of proof as to the allegations and legal theories contained in his, her or its complaint. This would include counter-plaintiffs in counterclaims, cross-plaintiffs in crossclaims and third-party plaintiffs in third-party complaints. A defendant has the burden of proof as to affirmative defenses. In a civil cases the burden of proof is a preponderance of the evidence or simply more probably true than not. Also, in civil some cases, such as fraud, there can be an intermediate standard, clear and convincing evidence. In a criminal case, the burden of proof is proof beyond a reasonable doubt.

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.

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BRIEF:

A written legal document, usually prepared by an attorney, which is filed with and presented to a court. Most briefs include a statement of the facts of the case, a summary of legal authorities, arguments and the particular relief requested from the court. When it used other than in an appeal, it may be referred to as a memorandum or memorandum 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.

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BUSINESS:

Doing business including the sale of goods or the providing of service. This may refer to any business sector, e.g., hospitals, grocery stores. Common types of business structures include a corporation, association, limited liability company, partnership, and sole proprietorship.

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.

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BUSINESS RECORDS:

Paper or electronic records including contracts, meeting minutes, reports, chart notes, billing ledgers, memoranda and other documents. This is also a common type of documentary evidence. To be used as evidence, business records must be created and kept in the ordinary course of doing business.

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.

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CAUSE OF ACTION:

A set of facts, set forth in a pleading, sufficient to justify a lawsuit. A cause of action may also be referred to as a claim, claim for relief or legal theory.

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.

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As used in the State of Washington, this is a discovery mechanism 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 also referred to as an insurance or defense medical examination (IME or DME).

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.

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CIVIL LAW:

This term refers to law that is not criminal law. Civil law includes claims for negligence, wrongful death or breach of contract.

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.

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CLAIM:

A claim may also be referred to as a claim for relief, cause of action or legal theory. This can also refer to a claim to an insurance company for injuries and/or property damage suffered.

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.

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CLAIMANT:

A person who makes a claim, initiates an arbitration or lawsuit, or who asserts a legal right. The plaintiff in a lawsuit, such as a personal injury case, may also be referred to as the claimant. Many times the person initiating an arbitration is referred to as the claimant rather than the plaintiff.

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.

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CLAIM FOR RELIEF:

A claim for relief may also be referred to as a claim, cause of action or legal theory.

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.

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The Washington State Department of Social and Health Services and the Washington Traumatic Brain Injury Strategic Partnership Advisory Council launched a campaign on March 1st to “raise awareness and provide a way for people to get information about available resources” regarding Traumatic Brain Injuries. The Seattle Post Intelligencer‘s reporter, Cherie Black, wrote an excellent article about the pain and suffering that TBI victims suffer. In her PI article she told the heart-felt stories of several individuals whose lives were dramatically altered after a TBI. She also asks that you share your own stories of TBI on her blog entitled, “Brain Injuries Suck”.

The leading causes of TBI are:
• Falls (28%).
• Motor vehicle-traffic crashes (20%).
• Struck by/against events (19%).
• Assaults (11%).1
• Since the Iraq war, an increasing number of soldiers experience TBIs due to explosions.

TBI Statistics
Source: Centers for Disease Control and Prevention

TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million who sustain a TBI each year in the United States:
• 50,000 die.
• 235,000 are hospitalized.
• million are treated and released from an emergency department.

Among children ages 0 to 14 years, TBI results in an estimated:
• 2,685 deaths.
• 37,000 hospitalizations.
• 435,000 emergency department visits annually.

If you or a loved one has sustained a serious TBI through the fault or negligence of another you may be eligible to receive compensation for your injuries. The Farber Law Group, a Bellevue, Washington, based personal injury law firm has more than 30 years experience in representing victims of TBIs. Call us today for a free case consultation.

For more information and resources on TBI’s, see the TBI Washington web-site, http://www.tbiwashington.org/.

A blood thinner – Heparin – which contained ingredients from a manufacturing plant in China has been recalled by the Food and Drug Administration (FDA) after it was linked to 19 deaths and 800 serious drug reactions The Seattle Times reported today. The contaminated medication is manufactured by Illinois-based Baxter Healthcare who recalled the product last month. Heparin is a drug thinner which is given to patients who are undergoing heart surgery or kidney dialysis to prevent blood clots. Heparin was recently in the news when an over-dosage amount was given to the twin infants of actor Dennis Quaid. In Quaid’s case, his twins were given 1,000 times the amount of recommended dose of the drug; Quaid has filed suit against the hospital and manufacturer in his case.

The severe reactions to the tainted medication include a large drop in blood pressure and difficult breathing. The FDA is currently investigating the plant in China that manufactures the ingredients for the drug and it appears that the Chinese plant was never inspected due to confusion with the plant’s name.

Washington state law allows for personal injury claims for persons who have been seriously injured or killed by defective prescription medications. Compensation can include:

• Wrongful death
• Loss of wages
• Pain and suffering
• Punitive damages

If a loved one died after they were given heparin or if you had a serious complication after you received heparin, you may deserve compensation for damages. The Farber Law Group is a personal injury firm with 30 years experience. Call us today to discuss your claim.

COMPENSATORY DAMAGES:

A type of damages, which may be awarded in a trial to compensate one for their actual losses. These are damages recovered for actual injury, including pain and suffering, as well as for economic loss, including expenses incurred and loss of wages or income.

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.

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CLOSING ARGUMENT:

The summation or concluding statements made to a judge or a jury by each party at a trial, setting forth the important facts introduced at trial, the legal theories of the case, the party’s arguments and their requests for damages or other relief.

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.

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CLASS ACTION:

This is sometimes also referred to as a representative action. It is legal procedure used to file a single lawsuit on behalf of a large number of people whose cases involve common questions of law and/or fact. The plaintiff is an individual, who is representative of the class of people. Class actions lawsuits can be a helpful tool to people when the out of pocket damages to one person is relatively small, but the total damages to all members of the class, is significant. It can also have the benefit of forcing a businesses that has caused broad damage or one that has a “public be damned” attitude to change their practices or to pay significant 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.

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COMMON LAW:

The traditional unwritten law of England, based on custom and usage, which began to develop over a thousand years before the founding of the United States. This common law was transported to the United States during colonial times. In the United States, it is used and has evolved over the life of our country. Generally speaking, common law is that law which is created and/or refined by judges, as opposed to law that is found in statutes.

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.

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COMPLAINT:

The first legal document filed with the court by a person or entity claiming a violation of legal rights against another. A complaint is a formal pleading or statement setting forth the factual and legal basis of the lawsuit, as well as the injury or damages suffered by the plaintiff or plaintiffs.

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.

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COMPARATIVE FAULT:

This is sometimes referred to as comparative negligence. An affirmative defense available to a defendant, which reduces a plaintiff’s recovery by the percentage of fault or negligence attributed to the plaintiff.

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.

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CONTINGENCY FEE:

A lawyer’s fee for services rendered in most personal injury cases. It is a fee, which the attorney is entitled to receive only if the client obtains an award of damages for his or her injury as a result of settlement, trial or appeal. When the client receives the award, the attorney is entitled to a percentage of the total amount obtained. The client is not charged a fee for the attorney’s time or efforts, if there is no recovery. A contingency fee arrangement has the benefit of providing access to the court for injured people who otherwise could not afford to pay the attorney’s fees. It also provides a strong financial incentive for the lawyer to work diligently to obtain an award for the client.

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.

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COURT:

An official tribunal presided over by a judge or judges in which legal issues and claims are heard and determined. In the United States, there are essentially two systems, federal courts and state courts. In all states, including Washington, there are trial courts, such as the Superior Court, and appellate courts, such as the Court of Appeals and the Supreme Court. The term court can also refer to the judge of a court.

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.

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COUNT:

Each separate statement in a complaint within a cause of action which, standing alone, would give rise to a lawsuit, or each separate charge in a criminal action. This term is synonymous with legal theory. In much of our pleading, the term count has been replaced by the term cause of action, which now may encompass both causes of action and counts. Count is also many times replaced by the term claim for relief, which encompasses both causes of action and counts.

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.

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COURT OF APPEALS:

This is an appellate court is established to review decisions from trial courts. It can affirm or overturn a trial court's decision in whole or in part. A party can appeal a final decision of a superior court or a federal district court. In Washington there are three divisions of the Washington State Court of Appeals, Division One in Seattle, Division Two in Tacoma and Division Three in Spokane. In the federal court system, a party can appeal a United States District Court decision to the United States Circuit Court of Appeals for the circuit in which the federal district court is located.

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.

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COUNTER CLAIM:

A claim by a defendant against a plaintiff in a lawsuit, which is included in the defendant’s answer.

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.

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