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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Posted In: Injury and Accident Glossary

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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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Posted In: Injury and Accident Glossary

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KOMO TV reports that Lakewood, Washington police are looking for a 2006 silver Scion which they believe was involved in a hit-and-run accident in the 7400 block of Lakewood Drive on Friday evening around 5:15 pm. Dave Guttu, a police spokesman, said that a 39-year-old-woman was hit and suffered serious injuries by a driver who ran a red light. The injured woman was taken to St. Joseph's Hospital in Tacoma where she is being treated for internal injuries.

Every year, 1,000 people are killed and around 90,000 injured by aggressive drivers who run red lights according to The National Campaign to Stop Red Light Running.

If your or a loved one has been seriously injured or killed by a driver who ran a red light, you are entitled to compensation for your damages, including pain and suffering. The Farber Law Group has 30 years experience in representing personal injury victims with serious injuries. Contact us today for a free case consultation.

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Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents

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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.

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Posted In: Medical Malpractice , Spinal Cord Injury

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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.

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Posted In: Construction Accident , Wrongful Death

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The City of Bellevue, Washington, is installing red light cameras at some key intersections to catch aggressive drivers who are running red lights. The Seattle Times reports that the cameras will be installed within the next six months at up to six busy intersections. The City of Bellevue also plans to place speed cameras to catch speeding drivers near three elementary schools.

Every day, aggressive drivers run red lights, endangering the lives of motorists, bicyclists and pedestrians. According to the U.S. Department of Transportation, approximately 1,000 people are killed and 90,000 are injured every year by motorists running red lights. The problem seems to be increasing at an alarming rate.

Motorists who run red lights usually site the reason as "being in a hurry." A study done by the California Board of Audits show that the red light cameras reduce the number of crashes. The National Campaign to Stop Red Light Running sites a Charlotte, North Carolina red light camera program for cutting the number of car crashes in the city by 10%.

In Washington State, RCW 46.61.050 -- Obedience to and required traffic control devices, is the code that is relevant to running a red light.

If you or loved one is seriously injured or killed by a driver running a red light, then that person is responsible for your damages, including pain and suffering, because of their negligence. Contact The Farber Law Group so that your rights are protected. Contact us today for a free case consultation.

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Posted In: Bicycle Accidents , Car Accidents , Pedestrian Accidents

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The Washington Department of Labor and Industries and the Washington State Patrol is investigating the death of a construction worker who was hit and killed by a construction vehicle while working on a Highway 304 in Bremerton, Washington. The Kitsap Sun reported that Ricky C. Schaff was hit and killed by a Ford water tank trunk when it was backing up. Washington State Patrol Lt. Ken Noland said the backup alarm was sounding at the time.

Both Schaaf and the 26-year-old driver of the water tank truck were employees of Ceccanti Inc., the contractor on the project. Bremerton Mary Cary Bozeman called the accident a "tragedy."

State troopers said that the driver of the truck voluntarily submitted to a blood test but it did not seem that he was impaired at the time of the accident.

According to the U.S. Department of Labor Statistics, in 2006, 87 Washington State workers were killed on the job.


Workplace injuries and deaths involve worker's compensation. In addition, a worker's family may be entitled to compensation from 3rd parties if it is found that negligence on their part contributed to a death or serious injury. Click here for a useful list of Construction Accident Resources.

If you or a loved one has been injured or killed as a result of a construction accident, you should retain an attorney experienced in personal injury. At The Farber Law Group, our lawyers are familiar with worker's compensation laws and laws regarding 3rd parties. While money cannot fully compensate for a serious and debilitating injury or the loss of a loved one, compensation for medical expenses, lost earnings can help insure a stable future for you and your family. Contact us today for a free case evaluation.

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Posted In: Car Accidents , Construction Accident , Motor Vehicle Accidents , Pedestrian Accidents

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ADMISSABLE 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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Posted In: Injury and Accident Glossary

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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.

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Posted In: Foodborne Illness

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Bellevue, Washington city officials have been warned in a series of e-mails about a speeding problem along Main Street between 140th Avenue Northeast and 156th Avenue Northeast. The Seattle Times reporter Charles Brown reported that Jim Cox a long time resident of East Bellevue has tradied e-mails with Bellevue for more than a year. Cox says often cars exceed the 25mph speed limit. Bellevue city officials says that speeding is a problem in that stretch of road and that they have given 400 tickets in one 12-month period and 600 in another 12-month period. The section of road where the speeding is occurring is in the vicinity of Sammamish High School.

Cox has suggested that the City of Bellevue needs to install overhead signs above crosswalks and signs in the median to alert drivers. Charles Bush, an aide in the city manager's office, wrote, "Let me assure you we are in the process of making improvements but that there are challenges faced by our engineering staff that have impacted the schedule for accomplishing the improvements."

The City of Bellevue says they are not ignoring Cox's warnings about the speeding drivers.

Every year, 100,000 pedestrians are injured and approximately 5,900 pedestrians are killed by drivers of cars. Young children and the elderly are often the victims of a pedestrian accident.

If you or a loved one was a pedestrian and was injured in an accident, contact The Farber Law Group immediately.

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Posted In: Car Accidents , Motor Vehicle Accidents , Pedestrian Accidents

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Gisela Weber of Portland, Oregon was hit from behind by a Dodge Ram pickup truck which was then hit by a GMC pickup. The Washington State Patrol said Weber may have slowed on westbound Highway 14 near milepost 23 to avoid a dog on the highway. Weber was taken to Southwest Washington Medical Center for neck injuries. Police said her 2006 Nissan Murano was totaled.

Charles Nosler of Vancouver who was driving a Dodge Ram and Jeffrey Harrison of Vancouver who was driving the GMC pickup were both cited for "following too closely" reported The Columbian. The Washington State Vehicle code, WPI 70.04, Duty of the Following Driver, says that a driver should not follow another vehicle more closely than is "reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the street or highway." When a vehicle is following another vehicle and they are in a collission, the duty of avoiding the collision is on the following driver.

The Farber Law Group generally handles auto accident cases on a contingent fee basis. This means that you do not pay any attorney's fees unless they recover money for you. You are entitled for compensation for your property damages and for pain and suffering. Please contact us for more information and schedule a free consultation.

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Posted In: Car Accidents , Motor Vehicle Accidents

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A 23-year-old Tumwater man, Travis Kivela, was arrested by Lacey, Washington police after he allegedly struck a man with his car while he was leaving a party. Police had been called to the party at the 3400 block of Ruddell Loop SE about 2:30 am after they received a call about a fight at a party. While the police were en-route, Kivela allegedly left the party in his Dodge Durango and hit one of the party goers.

Pollice said that six men were in the Kivela's Durango at the time and that they were all intoxicated. Police have not yet received the results of Kivela's blood-alcohol test; the legal limit for driving in Washington State is no higher than 0.08 percent. In Washington State, a person can be charged with Vehicular Assault if he or she seriously injures someone while driving recklessly, driving under the influence or driving without regard for the safety of others.

The man who was hit by the Durango was taken to Providence St. Peter Hospital in Olympia where he was treated for facial injuries and then released. according to The Olympian.

If you have been seriously injured in an automobile accident or if you were the victim of a drunk driver, please contact The Farber Law Group today to arrange for a free consultation.

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Posted In: Drunk Driving Victims , Motor Vehicle Accidents

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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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Posted In: Injury and Accident Glossary

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Researchers at the University of Washington of Seattle report that 60% of traumatic injury victims still have significant pain more than a year after the accident. The study which was published in the journal, Archives of Surgery was conducted by Dr. Frederick Rivara, MD. The study followed 3047 patients from the ages of 18-24 in 14 States. Patients were the victims of traumatic injury such as falls and motor vehicle accidents. The injuries patients received included head injuries, broken limbs, abdominal trauma. Patients suffered pain in their back, limbs, head and neck.They were asked to assess their pain on a scale from 1-10 with 10 the most severe. Traumatic injury patients scored an average of 5.5 a year after their initial trauma.

Dr Frederick commented, “I was surprised that the pain was as common and as severe as they report it to be.” The study findings encourage physicians to treat the pain as well as the injury. “Earlier and more intensive interventions to treat pain in trauma patients in needed,” is one of the conclusions of the study.

According to the American Pain Foundation, people who suffer chronic pain are at a higher risk of depression than the population at large. They also miss more days of work, are disabled and unable to function normally. Chronic pain leads to 100 billion dollars in lost income and productivity, according to the Foundation, .

If you or a loved one has sustained a serious personal injury due to a car accident, a fall on a construction site or on a business premises, you are entitled to compensation for the injuries you suffered and for your pain and suffering. The Farber Law Group has more than 30 years experience representing victims of traumatic injury. Contact us today for a free consultation.

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Posted In: Brain Injury , Car Accidents , Motor Vehicle Accidents , Slip, Trip and Fall , Spinal Cord Injury

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The Washington State Highway Patrol reported that a wrong-way driver on Highway 2 near Leavenworth, Washington hit a truck belonging to Burlington Northern Santa Fe Railway, injuring the driver, Randall G. Trivett of Monroe. Trivett was airlifted to Harborview Medical Center in Seattle reported the Wenatchee World.

Trooper Rich Magnussen of the Washington State Patrol said that the wrong-way driver hit Trivett who was eastbound on Highway 2 about 30 miles west of Leavenworth. Trivett’s pickup ended up on the shoulder. The driver of the wrong-way vehicle then fled the scene of the accident. Detective Loren Barger of the State Patrol asks that anyone who saw a light blue vehicle on Highway 2 that was involved in the accident to call 509-663-9721.

Highway 2 near Leavenworth is in the Cascade Mountains and is mostly a two lane highway.

If you or a loved one has been seriously injured in an automobile accident, you should consult a lawyer to ensure that all of your damages are recovered. The Farber Law Group has more than 30 years of experience in handling auto accident cases. Please contact us for more information and to schedule a free case consultation.

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Posted In: Car Accidents

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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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Posted In: Injury and Accident Glossary

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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;