Washington Injury Attorney Blog

The Everett Herald Net reports that a 45-year-old man was taken to Harborview Medical Center in Seattle with serious injuries after his vehicle was rear-ended on Highway 99 in Lynnwood.

According to the report, the accident occurred around 3:50pm and there were multiple vehicles involved in the accident.

Whose at fault in a rear end car accident?
In rear end car accident, fault is frequently found with the following driver. Causes of rear end motor vehicle accidents include "tailgating", driver distraction such as using a cell phone or a driver not anticipating the traffic flow.

Of course proof of negligence of either driver is required to apportion fault. In any accident, an investigation must be conducted to determine which driver is at fault. The driver of the first car must exercise ordinary care not to stop or slow without giving the driver behind him or her adequate notice of his/her intentions. The following driver must exercise due care by following at a reasonable distance and providing a proper lookout.

Rear End Collision Injuries
Victims of rear end collisions can be seriously injured even in low speed accidents. That is because, even at a low speed, the impact of being hit can cause a person's headto snap forward and back causing a hyperflexion/hyperextension or "whiplash" injury. Because the head's movement is greater than the normal range of motion, the neck muscles can be ripped or stretched.

Whiplash is not the only injuries someone can suffer in a rear-end accident, however.

Continue reading " Lynnwood rear end car accident seriously injures man " »

A former Massachusetts dentist who used pieces of paper clips instead of stainless steel posts when performing rood canal surgery has pleaded guilty to Medicare fraud among other charges; Michael Clair will be sentenced next week.

In his guilty plea, Clair also pleaded to illegal prescribing prescription drugs such as Percocet, Hydrocodone and Combunox for himself and his staff, assault and battery and witness intimidation. He faces up to 10 years in prison for the drug charges alone.

Clair's desire to make money put his patients at risk when he used paper clip sections in the root canal procedures while at the same time billing Medicaid for stainless steel posts. Patients who were treated by Clair are at a higher risk for infection and other side effects.

The assault and battery charges stem from the improper use materials in the root canal. Besides the criminal charges, Clair could be sued in civil court by patients for the damages they suffered. Patients of Clair were advised by seek evaluation by another dentist.

It is interesting to note that before Clair began practicing in in Massachusetts he had his license to practice revoked in Florida, Maryland and West Virginia but he was allowed to practice in Massachusetts even though he was prohibited by doing Medicaid work. He got around the Medicaid restrictions, however, by hiring dentists who used their Medicaid identifications to file.

It's hard to imagine a dentist who spent years of training to obtain a dental degree to fall so far below the standard of care.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by medical malpractice and dental malpractice and the family of those killed

Continue reading " Dentist guilty of using paper clips in root canals " »

The Pacific Northwest has experienced a severe storm this past week and The Seattle Times reports that 191,000 Puget Sound Energy power customers are without power.

During times of power outages, there are always several incidences of people suffering carbon monoxide poisoning or death.

In Kent, Washington, in two separate incidences, two families were hospitalized after becoming ill from carbon monoxide poisoning. In both cases, the families were using charcoal barbecues for heat according to KOMO News.

Carbon monoxide is a toxic gas that is colorless and odorless and when people are exposed to it without sufficient proper ventilation they are unable to absorb oxygen and they become ill with symptoms what include confusion, headaches, chest pains, confusion, shortness of breath, vomiting, drowsiness and flu-like symptoms. With higher exposure levels victims can experience central nervous system damage, heart problems and even death.

Carbon monoxide poisoning is the number one cause of accidental poisoning deaths every year. According to the Centers for Disease Control, 500 people die and more than 15,000 are treated in hospital ER rooms every year due to carbon monoxide poisoning.

Carbon monoxide poisoning cases arise during power outages when people try to warm their homes with alternate methods including portable stoves, barbecues and generators.

Of course it doesn't have to be the middle of a power outage for carbon monoxide poisoning occur. Faulty appliances, unventilated heaters, clogged chimneys and cars left running in a garage can all lead to carbon monoxide poisoning.

Continue reading " Carbon monoxide poisoning a danger during power outages " »

It's cold outside and there are a few inches of the white stuff on the ground in Seattle, Bellevue and throughout the Pacific Northwest. Many people are hunkered down waiting for the storm to pass but others have to go to work, go out to pickup up groceries or medications and for others, cabin fever can drive one to get out and about.

Walking on snow and ice can be dangerous, however, and a person has the potential to slip and fall. While slipping on an icy driveway may be funny in a cartoon or in a YouTube video, fall injuries are one of the leading causes of death among the elderly.

We often get calls this time of year after someone has slipped and fallen and suffered a serious injury. Moderate injuries include bumps and bruises but more serious injuries include fractures to knees, hips and ankles. And, the most dangerous injury of all is a traumatic brain injury which is fatal in 46% of falls among the elderly.

Often people wonder if the property owners has legal obligations in the case of an injury when a person slips on an icy sidewalk, parking lot or place of business. They wonder if the property owner has a duty to remove snow and lay down deicer.

Who is at fault for slips and falls on an icy or unshoveled sidewalk?
The truth of the matter is that the statutory laws can vary from city to city and homeowners may have a different standard than business owners or municipalities. That's why it is a good idea to contact an experienced slip and fall attorney who can evaluate the merits of your case. An experienced personal injury will research the various municipal codes and will ask some important questions such as:

• Where did the accident happen?
  
• Was the property initially shoveled and de-iced?
  
• Was snow falling?
  
• What was the time period between the end of snow fall and the fall?

Answers to these questions as well as other factors can help in determining whether negligence on the part of the property owner was responsible for your slip and fall accident.

We can help
If you or a loved one has been seriously injured in a slip and fall accident, the slip and fall accident lawyers at The Farber Law Group are there to help. We have more than 30 years experience in representing people with their premise liability and slip, trip and fall accident claims.

Continue reading " Premise liability and slip and fall accidents " »

Cellphone and loud music are a distraction when we’re driving, that’s common knowledge at this point. But there are more people on the road than just drivers, and these pedestrians and cyclists are also prone to distracting gadgets.

This point is reinforced by a new study published in The Journal of Injury Prevention. Researchers from the University of Maryland examined pedestrian-car accident profiles over the last six years, and found that injury rates tripled for people wearing headphones. This alarmed researchers, who noted that it is a limited study but also saw the data as cause for further investigation.

Richard Lichenstein, M.D. was the lead author of the study, and put it this way: "Everybody is aware of the risk of cell phones and texting in automobiles, but I see more and more teens distracted with the latest devices and headphones in their ears.”

Dr. Lichenstein makes a good point, though it’s based on anecdotal evidence. Consider all of the times you’ve seen a young person bumping around the sidewalk or crossing an intersection while looking at a phone and listening to headphones. Lichenstein’s study supports his eye-ball test. Of the 116 reported deaths or injuries that he tracked, the majority of victims were male and younger than 30. Most strikingly, 74 percent of the cases stated that the victim was wearing headphones at the time of the crash.

The primary flaw of the relatively small study was that the source of most of the information came from media reports, which is not the most reliable source. That being the case, researchers were careful not to put too much stock in the specifics of the data, instead presenting the study as a means of highlighting the issue of pedestrian distraction itself.

Just like driving safety, children are taught how to move safely around the streets from a young age. What we learn to look both ways before crossing the street and to always use our ears to inform us of what’s going on around us. More simply, to use our eyes and ears at all times. But handheld devices--and especially devices that engage eyes and ears with headphones—can dramatically impair those senses.

Comparisons have been drawn between distracted and drunk driving. Perhaps an appropriate parallel to distracted walking is public intoxication. But unlike drunk driving, not since prohibition has public intoxication been a hot button national issue. It’s simply hard envision a person walking around on his or her phone ever being viewed as a public evil like distracted driving. That’s because young people like those the study found were more likely to be involved in a headphones-related accident don’t use cellphones as a communication device. It’s a connection to the virtual self where we store information, entertainment and of course our entire social network. But no matter how connected to our devices we become, our bodies stay in the here and now of the physical world, where crosswalks, cars and unexpected dangers remain.

The solution may be as simple as parents and teachers integrating an awareness of just how distracting mp3 players and cell phone applications can be into the routine lessons about looking both ways. As the researches pointed out, a thorough investigation into the dangers that these devices can pose to pedestrians can help us all understand what needs to be done.

Continue reading " Distractions such as cell phones and headphones increases pedestrian and bicycle accident risk " »

Did you know that you can register your child safety seat so that you are notified if the seat is subject to recall?

The National Highway Transportation Safety Administration requires manufacturers to notify registered owners by mail if their child seat has been recalled including infant seats, boosters seats and child seats.

Some manufacturers allow you to register via their web-sites. If you prefer or if you do not know how to register, the NHTSA can register your seat for you using a Child Restraint Registration Form found on the NHTSA web-site.

You can choose to either e-mail the form in or mail via U.S. Postal Service to the following address:

National Highway Traffic Safety Administration
Office of Defects Investigation
Correspondence Research Division (NVS-216)
Room W48-301
1200 New Jersey Avenue S.E.
Washington, DC 20590
Fax: (202) 366-1767
E-mail: childseatregister@dot.gov

You can find the information regarding manufacturer, model number and serial number on a label which can be found on the seat.

For more information see the NHTSA web-page, "Register your Child Restraint."

Continue reading " Register your child safety seat in case of a recall " »

In mediation, the family of Susan Slattery, 47, has settled a wrongful death and negligence claim against a trucking firm for $40.8M in damages for the trucking accident that claimed Slattery's life and seriously injured her two sons.(Citation: Slattery v. Estes Express Lines, Inc., No. 1116-CV-13913 (Mo., Jackson Co. Cir. June 22, 2011).)

In two separate mediation sessions, Slattery's family was awarded $6.2 for their wrongful death claim, $1.2 million for Slattery's son Peter's injuries and $33.4 million for her son Matthew's personal injury claims.

Slattery was driving with her sons Matthew, 12, and Peter, 15, when a large truck pulling triple trailers rear ended her vehicle. The force of the crash caused Slattery's car to be pushed under the rear of another semi trailer.

Slater died at the accident scene.

Slater's son, Matthew, suffered a traumatic brain injury in the accident. He was hospitalized for a month and is disabled, requiring 24-hour care. His future care and life care costs ranges from between $22M to $30M.He has difficulty communicating as he suffers from aphasia as a result of his head injury.

Slater's son, Peter, has mostly recovered from injuries which included fractures to his pelvis and face. His medical expenses totaled around $220,000 and he is still unable to participate in sporting activities.

Trucker's Negligence
The Slattery family claimed that the semi-truck driver, Douglas Bouch, driving for Estes Express Lines, fell asleep at the wheel causing the accident. They made a claim against Estes Express under the doctrine respondeat superior. They also claimed that Estes Express failed to have an adequate plan to supervise their drivers.

Continue reading " Family awarded $40.8M wrongful death and injury settlement in accident caused by trucker who fell asleep " »

The family of a young man who was struck and killed by a drunk driver has been awarded $11M from a Tennessee jury. The award included $5M in punitive damages. (Citation: Hudson v. Wilcox, No. 26601 (Tenn., Washington Co. Cir. Nov. 18, 2011).)

David Hudson, 27, a small business owner was crossing a street when he was hit by David Wilcox who was allegedly driving while intoxicated and without his headlights on when the pedestrian accident occurred.

Wrongful Death Claims

David Hudson's estate which includes his parents and siblings filed a wrongful death claim after his death. A wrongful death claim can be filed on the behalf of a loved one who has been killed due to the wrongful or negligent act of another. Often times a wrongful death claim arises out of the negligent use of an automobile accident (i.e., a drunk driving accident, a hit and run accident, or a pedestrian accident) but they can also arise from on-the-job accidents, medical malpractice, school sports or even criminal actions such as murder or manslaughter.

Wrongful death claims can also in product liability law in which a person is killed by a defective or dangerous product.

Wrongful death statutes allow the family of the deceased to recover damages for a wrongful death. Damages might include burial costs, medical costs, future lost earnings and pain and suffering.

Punitive Damages

Punitive damages can be awarded by a judge (if a jury trial is not held) or by a jury. Punitive damages do provide compensation to the plaintiffs for their loss but they are damages intended to punish or deter the defendant or others from behaving in a similar fashion.

In the case of David Hudson, the jury was sending a message to drunken drivers that their actions are not to be tolerated.

Punitive damages are applied differently depending on the state. Many insurance companies have lobbied states which have enacted "caps" on punitive damages awards.

Washington Wrongful Death Claims

The Farber Law Group has more than 30 years experience assisting families who have had a loved one die an untimely death whether it was a child who was not supervised properly at school, a construction worker who fell from a poorly erected scaffold or the death of a pedestrian caused by a drunken driver.

Statute of Limitations

Immediate family members of someone who died due to the negligence of another may have a Washington wrongful death claim. Every state has a time limit -- called a "statute of limitations" -- on which a wrongful death lawsuit can be filed in court. You should seek the counsel of a personal injury attorney who is experienced with Washington's wrongful death statute and who can evaluate your claim.

Continue reading " Family of pedestrian killed by drunk driver receives $11M wrongful death award " »

Sometimes the most bizarre stories are true.

Today, The Olympian reported that a 60-year-old woman was arrested after she drove her car 17 miles on Interstate 5 in the wrong direction. The report said that drove north in the southbound lanes at speeds of more than 100mph without her headlights on.

Everyone driving on the stretch of Interstate 5 between Tumwater and Joint Base Lewis-McChord is lucky to have avoided being in a collision though the paper said there were several near misses.

Police were able to apprehend the woman after they used spike strips to stop her car.

Though this story is decidedly bizarre, wrong-way car accidents occur more than one would think. According to the National Highway Traffic Safety Administration (NHTSA) wrong-way car accidents are the cause of 3% of all motor vehicle accidents and 5% of all motor vehicle fatalities.

Causes of Wrong Way Driving

About half of all wrong way driving accidents are caused by people attempting to make a U turn. Unfathomable that it may seem, some people attempt to make U turns on major highways.

The other major cause of wrong way driving is intoxication. Drunk drivers get confused and enter off ramps and start driving down the highway. In fact, most wrong-way car accidents involve either alcohol or elderly drivers.

Elderly drivers can be confused while driving at night time. Many elderly people suffer from cataracts or other vision problems and they have trouble reading traffic signs and become confused with on and off ramps after dark.

Occasionally, a suicidal person will deliberately cross the center line and drive the wrong way.

Avoiding the Wrong Way Driver

Whenever you are driving be sure to scan the road ahead of you and look for emergency situation such as traffic suddenly braking or swerving. Look out for headlights coming in the opposite direction. Use extreme caution when driving in the inside lane of an undivided highway, especially on curves. Most wrong way drivers will drive in the inside lane or inside shoulder thinking they are on a two-lane road.

Results of Wrong Way Driving

Most wrong way drivers cause head-on collisions or side swipe accidents. These are some of the most serious types of accidents and they often result in catastrophic injuries, such as spinal cord injury, traumatic brain injury, or death to the wrong way driver and to the innocent people he or she runs into.

Car Accident Help

If you or a loved one has been seriously injured or killed by a negligent driver, you are advised to seek legal help. The reason is that a Washington personal injury attorney investigating your car accident would determine whether there was alcohol consumption by the driver who caused your crash. In some circumstances, you might be able to make a claim against the establishment that served the alcohol.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have died. We provide a FREE and CONFIDENTIAL case evaluation and we will honestly assess your case with no pressure put on you to sign anything.

Related Posts:

3 injured in wrong-way car accident on Washington Interstate 90

Wrong-way driver arrested in fatal Spokane car accident

2 injured when wrong-way driver collides with tanker truck in Vancouver, WA

Continue reading " Wrong way driver drives 17 miles on I-5 nearly avoiding car accidents " »

You are standing at a rental car counter and the rental agent asks you if you want to purchase car insurance on the vehicle you are renting. Should you purchase the insurance? Does the insurance you purchase for your personal automobile cover a rental car?

The car rental company will likely tell you that buying additional insurance will give you "peace of mind" or that the insurance you purchase through them has "no deductible" which can save you in the case of a car accident.

It is a good idea to check with your insurance company about your own policy because policies can vary from state-to-state and you want to make sure you are adequately insured. Sometimes even your credit card company will reimburse you for your deductible if you are involved in a motor vehicle accident in a rental car.

Non-Owned Car Coverage

When checking with your insurance agent, be sure to ask the question, "Do I have Non-Owned Car Coverage."

We were reading a court decision, Chandler v. Geico Indem. Co, 2011 WL 5864808 (Fla. Nov. 23, 2011) in which the case decided the question, "Does Geico's Non-Owned Car Coverage cover motor vehicle accident injuries caused by the negligent use of a rental car even though the driver of the rental car was not an authorized driver under the rental car contract?"

In this case, the Florida Supreme Court ruled that the rental car was a "temporary substitute auto" under the insured's automobile insurance policy and therefore Geico was liable for injuries.

The case arose when Kutasha Shazier rented a car from Avis because her auto was in the repair shop. The rental car contract stated that Shazier was not authorized to allow additional drivers of the rental car unless Avis provided prior written approval.

Shazier's personal car insurance with Geico provided "Non-Owned Car Coverage" to cover a temporary substitute auto not owned by Shazier but temporarily used with the permission of the owner.

Shazier lent the rental car to Tercina Jordan who was involved in a single-car accident in which one passenger was killed and several others were injured. The injured passengers and the deceased passenger's estate filed a lawsuit against Shazier and Jordan. Geico, Shazier's insurer argued that they did not have to cover damages because the rental car was not a temporary substitute because Jordan did not have Avis' permission to drive the vehicle.

The court ruled that the rental car qualified for insurance under Geico's "temporary substitute auto" policy and even though it was not owned by the insured person it could be considered an "owned auto" and the insurer must cover the insured and any person using the vehicle that Shazier had given permission to.

How a Personal Injury Attorney can Help You in a Car Accident

Even though you may large insurance premiums, your insurance company may not one to pay a legitimate claim or they might want to lessen your award. A Seattle personal Injury attorney can help you fight insurance companies after your accident. You will likely receive a greater award if you hire a qualified and experienced lawyer to represent you. And, in a complex case like the one we described above, hiring a personal injury attorney is absolutely essential.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm representing clients with car accident injury claims throughout the greater Seattle-Bellevue-Tacoma metropolitan area and throughout the Pacific Northwest. We provide FREE and CONFIDENTIAL case evaluations so contact us today.

Related Posts:

Automobile Accident Questions

Continue reading " Does my car insurance cover an accident in a rental car? " »

We get this question a lot. You lend your car to a friend or your roommate borrowed your car without permission and they crashed your vehicle and perhaps even injured another person in the process. "Who is liable for damages when someone else was driving my car?""

If someone else is driving your car and is involved in a motor vehicle accident, your car insurance will pay for the damages. Car insurance is generally with the car and not the driver. Regardless of who was driving your vehicle, your car insurance policy is considered the primary policy.

Of course there are exceptions to this and scenarios that involve claims that exceed the coverage amount.

One case that recently settled was Roberts V. Deane in California. (Citation: Roberts v. Deane, No. 2:10-cv-06354 (C.D. Cal. July 8, 2011).) In this case, Nicole Deane was driving a car owned by her friend Sandy Robert's father and Sandy was a passenger in the vehicle. While driving, Deane attempted to pass a slower moving vehicle in a no-passing zone and she ended up in a head-on collision with a pickup truck. Tragically, Sandy Roberts was killed in the car accident and a couple of passengers in the pickup truck suffered serious injuries.

Manuel Mosqueda, 55, a pickup truck passenger, suffered multiple blunt-force trauma injuries, a head injury, fractures to his ribs and back injuries. His medical expenses were over 100,000 and he has future medical expenses which may run up to 100,000. He also experienced loss of present and future earnings of around 250,000

Another passenger in the pickup truck, Karla Reyes, 30, suffered a "hangman's fracture" which is a hyperextension injury that can occur when the face or chin strike an object. This is a common injury when a person who is involved in a motor vehicle accident strikes the windshield or the dashboard. Reyes suffered blunt force injuries to her abdomen, spine, chest and thorax and now lives with severe neck pain. Her breast was also disfigured in the accident. Her medical expenses were calculated at 64,200 with future medical expenses estimated at $150,000.

After the accident Reyes and Mosqueda filed a negligence lawsuit asking for compensation for their damages.

Robert's parents filed a wrongful death lawsuit on behalf of themselves and their son's estate. A wrongful death lawsuit can be filed on behalf of a deceased loved one when another person's or entities negligence caused the death of a loved one.

All parties to the lawsuit settled before it went to trial. In this case, Deane had a $2.6 million insurance policy limit and her insurance paid $2.2 million to the Roberts plaintiffs and $400,000 to Reyes and Mosqueda. The Roberts also recovered $600,000 from their own underinsured motorist policy. Additional proceeds from the Roberts policy included a payment of $100,000 to the Roberts, $100,000 between Mosqueda and Reyes, and $100,000 to three occupants of the pickup truck who did not file claims.

This case is an example of when you should hire an attorney because of the complexities of the claim, the multiple claimants and two auto insurance policies.

This information is provided by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by the negligence of another. With our help, you may recover compensation for your damages.

Related Posts:

Passengers and families receive $3.25 million settlement in bus accident that killed 2

Estate of woman killed by trucker who fell asleep at the wheel receives $4.8M wrongful death award

Continue reading " Who is liable for damages in a car accident when someone else was driving your car? " »

The Federal Drug Administration has issued a warning to health care professionals after a pharmacist mixed up two medications with similar sounding names causing serious injury to a patient's eye.

The FDA says that a pharmacist accidentally dispensed Durasal, a wart remover, instead of the steroidal eye drop Durezol to a patient, resulting in serious injury. Durezol was being prescribed to the unnamed patient to help with inflammation and pain after eye surgery. Durasal contains salicylic acid and one can only image the pain that the mistake caused to the patient.

The FDA says that this is not the first time the two similarly named products have been confused. According to the FDA, in the other cases, the prescription error was discovered before the patient actually used the eye drops.

The FDA says Durasal has not been approved by the FDA for wart removal and has asked Elorac, Inc., the drug's distributor, to remove the product from the marketplace.

As part of the FDA approval process, drugs are supposed to be screened for similar names but in the case of Durasol,the drug had not been screened by the FDA.

Preventable medication errors can result in serious physical injury to patients and sometimes even death. Medication errors can occur to one of 25 hospital patients and it is estimated that medication errors result in more than 48,000 patients every year.

The following are some common reasons for medication errors:

• Medication prescribed without knowledge of a patient's allergies, lab results, diagnosis.
  
• Insufficient drug information -- not understanding drug interactions or having information about a drug recall.
  
• Misreading of a prescription due to poor handwriting
  
• Confusion between drugs with similar names.
  
• Confusion regarding dosage units.
  
• Lack of proper labeling.
  
• Improper storage of medications which can affect their potency.
  
• Distraction to the pharmacist which can cause lead in a medication mistake.
  
• Overworked pharmacists.
  
• Relying too heavily on technicians.

Medication errors can cause serious injury and even be deadly. If you or a loved one has been injured by a medication error, you should seek medical attention immediately and you should bring all your medications with you if you are not in a hospital setting.

If your injuries are serious, you might want to consider contact an experienced personal injury attorney who can help you make a claim against the professional’s medical malpractice insurance to cover your damages.

The Farber Law Group, a personal injury and medical malpractice law firm has more than 30 years experience representing people seriously injured by medical malpractice and pharmacy errors. We represent our clients on a contingency basis which means that our clients pay a percentage of the recovery from the settlement or verdict in the case.

Related Posts:

Teachers given insulin instead of H1N1 vaccine in medication error

Hospital gives up to 17 babies overdose of Heparin; 1 dies

Prescription Errors – an all too common form of Medical Malpractice

Continue reading " Medication error results in FDA action " »