Washington Injury Attorney Blog

In Washington State, insurance companies have a duty to conduct their business in "good faith" when they process claims of the people that they insure. Good faith is a concept that is important in law; Good faith simply means that the insurance company should conduct themselves and their business with honesty and morality in their conduct.

An insurance company acting in "bad faith" is violating their contractual obligation to their policyholders and, in the case of "bad faith," the policy holder may sometimes sue the insurance company.

Examples of bad faith include:

• Delaying claim processing

• Inadequately investigating a claim

• Threatening the insured

• Refusing to defend a lawsuit

• Reading the insurance policy in ways that it was not intended

• Refusing to make a reasonable and equitable settlement offer

When an insurance company is acting in bad faith in cases of serious injuries, you should contact a lawyer who is a personal injury specialist and who will insure that your rights are protected. The Farber Law Group located in Bellevue, Washington, has more than 30 years experience in representing accident victims caused by someones negligence and making sure that they receive the full compensation to which they are entitled.

Contact The Farber Law Group for a free and confidential case evaluation.

GREAT BODILY HARM:

An injury to a person which causes serious and permanent disfigurement, permanent loss or impairment of any bodily function or organ, or leads to death.

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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SUBSTANTIAL BODILY HARM:

An injury to a person which is temporary in nature but causes significant disfigurement, loss or impairment of the body or organ, or which causes any broken bone.

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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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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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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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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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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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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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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