Washington Injury Law Blog

While walking home from work I stopped at a crosswalk before crossing the street. The way was clear so I started walking across the street when a car suddenly turned right in front of me and ran over my right foot. As a result my foot was broken and now I have permanent nerve damage that makes it so the bottom of my foot under my toes is always numb. This is the story of one of my client’s told during our first meeting, let’s call him Bruno.

Bruno was lucky that the car that ran over his foot had Personal Injury Protection (PIP) insurance, which pays for the medical bills of pedestrians injured in a Washington car accident. In most cases PIP pays for your injuries that you suffer when in a car accident. Only those in your car are covered. But when you hit a pedestrian your PIP insurance also pays for the pedestrians medical bills.

Washington voters recently approved R-67 (aka Fair Insurance Conduct Act), which is a new law aimed at holding insurance companies accountable for their bad faith practices in handling PIP claims. The Fair Insurance Conduct Act took effect December 6, 2007.  Bruno has had first hand experience with the insurance company handling his PIP claim wrongfully.

In Bruno’s case the PIP insurance adjuster is only paying a portion of each bill submitted by some of Bruno’s doctors. Washington law does not allow this kind of off the top discounting on the opinion of an insurance adjuster. When this happens a bad faith claim arises against the insurance company. The Fair Insurance Conduct Act established an advance notice procedure prior to filing a lawsuit to collect the PIP insurance benefits owed. Notice is sent to the insurance company and Office of the Insurance Commissioner for Washington (OIC) 20-days before a lawsuit is to be filed, giving the insurance company one last opportunity to resolve the dispute.

During the battle over R-67 the insurance industry claimed PIP bad faith was not a big problem. It appears as usual the insurance companies were lying to us consumers. There were about 56 notices sent to the OIC from Dec. 6 to Dec. 31, and about 11 more in the first week of January. Prior to the new law taking effect from May 2007 to the end of November 2007 there were about 78 consumer notices of bad faith conduct by insurance companies.

That’s a lot of lawsuits that are about to be filed against insurance companies because they’re treating their own customers wrongfully. If you are dealing with a PIP claim and the insurance company is refusing to pay your medical bills, it’s important that you speak with an attorney experienced in handling Washington injury cases. You paid for the PIP insurance and it should be available when you need it after a car accident.

A yearlong study of 21 Mercer Island, Washington children ages 3-11 showed that everyday foods commonly eaten contain low levels of pesticides. Although the pesticide levels met  government standards it is not known whether prolonged exposure to low levels of pesticides may cause harm down the road for these kids or us 10, 20, or 30 years from now. High-levels have been shown to cause serious health problems or even death.

When you switch to an organic diet the study found the pesticides disappeared within 8-36 hours. They came back almost immediately upon resuming a conventional diet. Click here for the full Seattle PI article.

You shouldn’t overreact and feel you have to switch to an all organic diet immediately according to the study. If you can great, go all organic. However, this can be an expensive, especially here in Seattle during winter when crops don’t grown. Knowing where your produce and food comes from can help. Buying from a local farmer who can tell you whether he uses pesticides on his crops or not is a good step. Or incorporate as much organic food into your diet as you can afford.

Hopefully more studies like this will be done. The more information we have the better we can make decisions on the food we buy and eat.

Washington residents may need think twice before lighting up that cigarette, cigar, or pipe while driving if their kids are in the car. Bills making it illegal to smoke in a vehicle with children present is making their way through the Washington legislature.

The law would be similar to the cell phone ban. Police will not be able to pull you over for a smoking offense alone. You would need to break another traffic law that police can pull you over for, then police can add a smoking while children are present ticket.

Supporters of the law claim they are protecting kids not telling people how to live. I for one believe this is a good idea. Secondhand smoke has been linked to heart disease, ear infection, lung cancer and emphysema. Kids can’t protect themselves from their parents deadly habits. I believe we should do everything we can to discourage parents from smoking in the presence of their kids. A child’s health is more important than a parent’s freedom to engage in self-destructive behavior.

Last week I wrote about a Spokane Washington Medical Malpractice case in which the Plaintiff’s attorney (who is of Japanese decent) had asked for a new trial following a verdict against his client.  The attorney requested the new trial because multiple members of the jury made racially discriminatory comments about him. Spokane County Judge Robert Austin agreed and has ordered a new trial due to the juries improper conduct during deliberations according to reports in Seattle PI.

Judge Austin was surprised upon hearing such conduct had happened.  During a hearing to decide if a new trial was justified Judge Austin commented that “We’d hoped we’d moved beyond this, and we apparently have not. It’s upsetting.” The remarks of “Mr. Kamikaze,” “Mr. Miyashi,” and Mr. Miyagi” were expressions of prejudice and Judge Austin could not rule out jury misconduct influencing the verdict. He therefore ordered a new trial. Justice has prevailed and the right thing has been done.

There is no place for racial prejudice or discrimination in the jury room. The U.S. Constitution’s 6th and 7th Amendments guarantee a right to trial by jury.  The right to a fair and impartial jury is a founding principal upon which the United State of America was formed. I firmly believe we must do all that is necessary to maintain the integrity of the juries in this great country. I applaud Judge Austin for doing the right thing and what was necessary in this unfortunate jury bias case.

The Atlanta Injury Law Blog tipped me off to an interesting article by the Commerce Clearing House about semi-truck driver fatigue. One of the common causes of semi-truck accidents in Washington is driver fatigue. Trucking companies push for longer and longer hours-of-service rules for their truck drivers, which wears out the drivers but allows the trucking companies to squeeze more profits out of each truck driver. As a Kirkland truck accident attorney I can tell you the devastation my clients suffer when hit by a semi-truck is frightening.

The Federal Motor Carrier Safety Administration (FMCSA) recently approved a rule that allows truck drivers to be on the road 11 hours on any 14 hour work shift, after that the driver must go off duty for at least 10 hours. A one hour increase from the previously approved amount. The Teamsters Union and Advocates for Highway and Auto Safety (AHAS is a safety group) are fighting the new rule in a Washington DC court because they say the new rule will allow drivers to be on the road as much as 84 hours a week, which could lead to dangerous driver fatigue.

According to court papers submitted by the Teamsters and AHAS, the National Highway Traffic Safety Administration recently reported that deaths in truck accidents increased in 2004 and 2005. The percentage of fatal crashes that result from driver fatigue rose 20 percent from 2004 to 2005. The increase in deaths was because 2004 was the first year in which the new, longer hours of driving and work were put into effect.  It’s also interesting to note that the FMCSA has acknowledged in the past that the risk of a crash doubles from the 8th hour to the 9th hour of driving, and doubles again from the 10th to the 11th hour. Our highways have just become a much more dangerous place because of this new truck driver rule.

The new rule was put in place by Bush administration for who know what reason. Smells like president Bush is giving his trucking company buddies a boost before he heads out of office.  The 11-hour rule has twice previously been declared illegal by the courts.  We’ll have to see if 3rd time is the charm for the truck companies or whether public safety triumphs again.

According to Teamsters President Jim Hoofa the Bush administration has no shame about breaking the law.  Mr. Hoffa believes people are dying on the highway because FMCSA is more concerned about making its corporate bosses happy than it is about making our highways safe. Let’s hope common sense wins and we are not faced with semi-truck drivers drunk from fatigue flying down our highways towards a preventable increase in fatal truck accidents. 

Former Seattle Seahawk Shawn Springs’ mother has filed a medical malpractice case against two Texas doctors who performed a surgical procedure on Shawn’s father Ron Springs. Shawn’s father also played in NFL player for the Dallas Cowboys. One of Ron’s former teammates Everson Walls donated a kidney to Ron in an inspirational gesture last March. A wonderful story appears to have ended in a tragedy.

Mrs. Springs’ lawsuit alleges Ron went in for a follow up procedure to remove a cyst on his arm in October 2007 and he came out of the procedure in a coma. Ron has been left in a state of physical and mental incapacity. The hospital and doctors apparently have refused to explain want happened prompting the medical malpractice lawsuit.

I have no information about the validity of Mrs. Springs malpractice case. It could have great merit or not. What I do know is that the public often has a distorted view of medical malpractice cases. The media loves to air stories about celebrities or huge verdicts. However the reality of the complex area of medical malpractice law is a much different picture. Many malpractice plaintiffs never recover a dime. Studies have shown that over 50% of the time doctors win a medical malpractice case taken to a jury trial.

It’s the doctors and hospitals little known secret of medical malpractice cases that they’re more often than not the winner of these lawsuits. Injury victims have big obstacles to overcome in proving a doctor or hospital committed a medical error that shouldn’t have happened. Plus these cases commonly cost a small fortune to prosecute. It’s a sad fact that only patients who suffer a significant injury as a result a doctor or hospital error can find an attorney to take their case. The cost to bring a medical malpractice case limits many attorneys to only accepting the most severely injured patients, while patients with minor injuries are often left with little options. 

Don’t buy into the media hype and publicity regarding medical malpractice cases. The truth is that these cases are some of the most difficult an attorney will ever handle and the patient will more often than not be the loser. If you believe you have a medical malpractice case it’s imperative that you speak with an attorney who is experienced with medical malpractice cases in your area.  

Doctors are now linking serious health problems and diseases to E. coli and other food-borne illnesses thought to have been recovered from years or decades earlier. The Seattle PI reports that scientists “described high blood pressure, kidney damage, even full kidney failure striking 10 to 20 years later in people who survived severe E. coli infection as children, arthritis after a bout of salmonella or shigella, and a mysterious paralysis that can attack people who just had mild symptoms of campylobacter.” ”‘Folks often assume once you’re over the acute illness, that’s it, you’re back to normal and that’s the end of it,’ said Dr. Robert Tauxe of the Centers for Disease Control and Prevention.”

The long-term effects have yet to be studied in full so its unclear how many people are at risk. It’s also unclear what other illnesses may be linked to food poisoning. However, the lasting effects of food poisoning appear to have been totally underestimated. Just ask Seattle resident Alyssa Chrobuck who suffered E. coli poisoning as a 5 year-old in the Jack In the Box outbreak 15 years ago.

Alyssa was hospitalized with serious complications from the E.coli infection. Alyssa is now a 20 year-old college student who suffers from high blood pressure, hospitalizations for colon inflammation, a hiatal hernia, thyroid removal, and endometriosis. All of which is very uncommon for a 20 year-old young woman. She is convince if not for the E. coli infection her health would be much better.

According to the Centers for Disease Control food-borne illnesses cause 325,000 hospitalizations and 5,000 deaths a year. Among survivors, some long-term consequences are obvious from the outset. Some required kidney transplants and may have scarred intestines that cause lasting digestive difficulty. According University of Utah’s Dr. Andrew Pavia, the university’s pediatric infectious diseases chief, E. coli doesn’t seem to trigger long-term problems unless it started shutting down the kidneys when first infected. Future studies may show otherwise, but for now it appears only about 10% of E. coli sufferers develop kidney problems when first infected, therefore only 10% may develop these additional health problems later in life.

Regardless still pretty scary stuff!

A car rear-ended a bicyclist who was riding on the shoulder of the road near Bellingham, Washington on Saturday, January 20th resulting in a very serious Washington bicycle accident. The bicycle rider suffered catastrophic injuries that caused his death. My sincere condolences go out to his family.

The bicycle rider unfortunately was not carrying any ID, so the State must rely on an autopsy to hopefully identify the name of the bicycle rider. The bike rider’s family may not know for days that their loved one has died in a terrible bicycle accident. I can’t imagine a worse nightmare for my family. Whenever I go for a ride on my bicycle I always carry my driver’s license, health insurance card, and my cell phone. If I was in a serious bicycle accident leaving me unconscious and unable to talk the police and hospital will be able to find out who I am. My cell phone has all the phone numbers needed to find my wife and family immediately. The last thing you want is to be alone in a hospital knowing your family is out there looking for you.

By carrying ID I provide a way for the police and hospital to contact my wife and family in case of an emergency like a serious Washington bicycle accident. By carrying my health insurance card I provide for a way for me to receive immediate medical care at the nearest hospital.  Doctors will tell you that the faster I receive medical care after a traumatic injury the better my chances of recovery. The hospital will not hesitate to provide whatever treatment I may need because they know or can check on my insurance coverage.

As a Kirkland bicycle accident lawyer I see the aftermath of car v. bicycle accidents. Bicyclist have no protection from a car weighing 2,000 lbs. As you can imagine broken bones, head injuries and even death can and do occur. That’s why it’s important to carry ID and a cell phone, so emergency workers can provide the best careright away and immediately contact your family following a Washington bicycle accident.

After the death of a bicyclist in a car v. bicycle accident the surviving spouse and children will likely have a wrongful death claim against the car. It’s important in such cases to consult with an experienced Washington injury attorney prior to speaking with the car’s insurance company or signing anything from the car’s insurance. It’s an ugly truth, but I often see car insurance companies valuing profits over people. Getting some helpful information early from an experienced injury attorney will help protect your family from more harm.

When you head out for that bike ride don’t forget your ID, health insurance card and cell phone . . . just in case!

A Spokane attorney is alleging a jury that returned a malpractice verdict against his client was racially biased according to reports in the Spokesman-Review.  Two jurors came forward to report that 5 other jurors during deliberations referred to plaintiff’s attorney Mark D. Kamitomo by several improper names such as “Mr. Kamikaze,” “Mr. Miyashi” and “Mr. Miyagi.” Mr. Kamitomo has requested a new trial for his client based on the jury’s racial bias. The trial judge is scheduled to decide if a new trial is needed on January 25th.

As a Kirkland, Washington car accident attorney I firmly believe everyone should go to jury duty when called. My wife is often amused by my passion and futile efforts to get on a jury. I’ve been called for jury duty a few times but haven’t been lucky enough to be selected to serve as a juror. Attorneys generally believe that because I’m a trial lawyer that I’m biased against one of the parties or I’d have too much influence of the jury. All potentially valid points but still disappointing.

I’d love to know more about what happens when a jury is deciding the case behind closed doors. What are the dynamics, what types of people end up as discussion leaders, who are the quiet listeners, how is the evidence reviewed, did the attorneys effect the jurors in anyway, and so many other questions I have. But alas, I’ve come to grips with the fact that I will likely not be on a jury in my working life.

Friends of mine often ask me how can they get out of jury duty. My response is usually something like “it is your civic duty as an American and our justice system depends on you going to jury duty.” Needless to say they usually roll their eyes at me, but I explain that as a Washington trial lawyer my clients depend on the jury system to help them. When insurance companies or big corporations abuse the little guy its the jury that equalizes the system for all. That’s why its so concerning for me to hear of any kind of racial bias or discrimination used by jurors. 

The American justice system in my opinion is the best in the world. That’s not to say its perfect because it certainly is not. But we do our best to correct mistakes and improve as we go. That is why it is so important you do your part and go to jury duty when called. My clients need you, I need you, and our justice sytems needs you. Please help us.

If called to jury duty please go, keep an open mind, and help maintain one of the foundations of this great country the American justice system.

If you have suffered a spinal cord injury in a Washington car accident there are many side effects that you have to deal with regularly.  Atlanta attorney Ken Shigley of the Atlanta Injury Law & Civil Litigation Blog has posted another good article regarding spinal cord injury effects.  Mr. Shigley’s post offers some helpful information regarding muscle spasticity with tips on what causes it, what it may mean, and what to watch out for if you have a spinal cord injury and are having muscle spasms.  Here is the link to Mr. Shigley’s article: http://www.atlantainjurylawblog.com/spinal-cord-injury-spinal-cord-injuries-and-muscle-spasticity.html