Harper Law PLLC

Auto Accident - Frequently Asked Questions

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Mon, 18 Aug 2008 17:59:45 GMT

Auto Accident

Injuries which stem from accidents occurring on streets or highways require one to make decisions often when one is suffering from shock or experiencing a rush of adrenaline. Be prepared for long-lasting effects from a collision. The highway is a very dangerous place. According to the Center for Disease Control, in a 1999 study, motor-vehicle crashes remain the leading cause of injury-related deaths in the United States, accounting for 31% of all such deaths in 1996

Here are answers to several frequently asked questions after an accident:

If I have been in an accident, what should I do?
The first thing after an accident is to see if anyone needs medical attention.
After ascertaining if anyone is hurt, including your passengers and other drivers, call 911. If you are able to exit your vehicle, and it is safety to do so, get out of your vehicle to assess the accident and vehicle damage. If you have a camera, take pictures of the location of the collision, the vehicles involved in the collision, and anything that would be of value to the investigation of the crash.

Should I move my vehicle?
If possible, wait until after the police have arrived and told you it is okay to move your vehicle. With the vehicles in the same location the officers investigating the collision will have an easier time to determine who is at fault for the collision. Sometimes, if you are on a bridge or spot you may need to move your vehicle to a safe location, if it endangers your or others.

What information should I obtain from other people?
Make sure you get their name, address, phone numbers, e-mail address, and insurance information of all the drivers involved in the collision. Also, try and get the name, address, phone numbers, e-mail addresses from all passengers and witnesses. Also write down the make, model, year, and license plate number of each vehicle.

What if the collision does not appear to be a serious accident?
Typically, the 911 operator will first ask if someone is injured. If not, or if the damage is less than $500, they likely will not come. However, encourage the police to come as it is of great benefit to have an officer write up a report. This creates a record of the collision, and the investigation usually goes much easier with this information already recorded. As one who has just been an accident, you probably will not be thinking about the ramifications of your decisions at the scene. However, insurance adjusters, attorneys, and claims representatives diligent review the facts of the collision. Thus, what you do at the scene if of utmost importance.

After leaving the scene of a collision, what should I do next?
First, notify your automobile insurance company of the collision. If you were injured, seek medical attention. If you have personal injury protection (“PIP”) through your auto insurance, you can make a claim for your benefits. This will includes such items as medical costs, wage loss continuation (after 14 days), loss of services, and other items of coverage. Be sure the PIP adjuster advises you of all benefits that you are entitled to receive. Additionally, if the other driver who is at fault, is not insured, you may have to seek recovery from your own insurance company for their uninsured motorist benefits, or underinsured motorist benefits. If you have not seen a physician, and you suspect you may be injured, go to your primary care physician as soon as possible. Creating a record of your injury is mandatory. Any gaps in care, will be commented upon later by the opposing side, and these gaps is care need to be kept to a minimum. Also, your primary care physician will record your symptoms, and will refer you to the correct specialist if necessary. If you feel you need a second opinion, the PIP coverage allows you to obtain treatment from a variety of health care providers, provided it is reasonable, necessary and causally related to the collision.

What should I tell my health care provider after a collision?
You will need to inform your health care provider what happened, and how you are feeling. Telling the provider of each and every symptom which is new and different, and in your mind caused by the collision. This is very important to ensure your provider can accurately diagnose what injuries occurred in the collision and will provide them with the necessary information needed to exam you to provide the objective basis for their diagnosis. Tell your provider what activities are more difficult, and ask them if you need a disability note to miss work.

Should I keep a diary or pain journal?
Absolutely. A journal, will be of utmost value when memories fade and you can’t recall in what order things happened. The journal, can be protected by the attorney-client privilege if you draft it to your attorney, as an attorney client communication. Write down what symptoms you are having, and what activities you are having trouble with. The one thing you need to keep in mind however, is to write down the information on a regular basis. Consistency is important as one who starts off strong, and then fades to almost nothing, can indicate an improvement in ones symptoms, or a loss of interest in the case. Whatever you do, keep it consistent.

Should I give a statement to an insurance company?
You should immediately contact an attorney who practices in personal injury claims before you give a statement, whether in writing or over the phone. This will be a written record of your version of what happened, and you will be asked about your injuries. Often, insurance company representatives will tell you this is mandatory, but it is not. It is only mandatory for you to cooperate with your own insurance company. You certainly can cooperate by answer written questions on your own timing. The other insurance company is an adversary and should be treated as such. Based on the Miranda warnings given to those who are arrested, “What you say, can and will be used against you.” So be careful, and be ready for a nice adjuster who will tell you nice things in order to get your cooperation.

Should I talk to others about the collision?
Merely talk to the people who are your friends and not your foes. Your health care providers, your legal counsel, and your family will need to know as much as possible about the collision and the effects. No one else really needs to know about the collision, unless it is absolutely necessary to discuss these matters. You may hear from friends and how much money they received in their claim, but every case is different, and injuries are different.

What should my focus be on after a collision?
Your focus should be on getting better. Hiring good legal counsel will ease your mind and if you have any questions, do not hesitate to contact your attorney. The legal process is complicated, and your attorney should be able to explain to you, in laymen’s terms, what is going to happen in the future with your claim. A legal claim for personal injury takes time, and you want to allow your body to heal. While you are going through the process, trust your attorney, and place your focus on your health.

Sonics or Seattle? Who is the real loser?

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Wed, 11 Jun 2008 13:54:40 GMT

So, who is it going to be, the Sonics or Seattle? In my mind both of them have been losers. Fortunately, the team can rebound, but I don’t think this ownership group or the NBA can.

Previously I have written about the city and community not putting up any money to support the building of the next sports arena – complex. In my mind, enough money has been spent on these projects with the Mariners and the Seahawks. However, in Denver and other city’s there has been a nice blend of private sponsorship in building a state of the art arena. My hope remains that the City can find an interested buyer – Steve Ballmer for one – to help save the day. Just as Paul Allen did for the Seahawks.

However, in my mind, the days of basketball in Seattle may be over. Should we be sad as it has come to light that the NBA has crooked referees watching over their games – in the NBA playoffs no less. Former NBA ref. Tim Donahey has alluded to the games being fixed – and he even pointed to specific games. In working out a plea deal with the FBI he has submitted information that referees altered their foul calling in NBA playoff games in 2002 and 2005.

Also, it seems to me the NBA has a lot to lose if Seattle loses the Sonics. They have already lost face in supporting Clay Bennett the wealthy Oklahoman who wants to pick up the team – break the lease that his team has entered into – and run to Oklahoma City. We will see what Marsha J. Pechman, Federal Judge in the Western District of WA has to say in two weeks in the trial between the city and the team.

So in my mind, by supporting the team ownership – hey that’s who pays David Stern’s salary – the NBA has two strikes against it in this town. First showing that it is a corrupt organization and secondly for supporting the OK ownership group.

Howard Schultz lawsuit may be the best thing for the city of Seattle to save NBA basketball – but he doesn’t have much time.

Personal injury practice

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Sat, 26 Apr 2008 15:16:52 GMT

Ed practices in all areas of personal injury law. This includes the investigation of accidents wherein someone is injured due to the fault of someone or something else. These days, the vast majority of cases have to do with investigating claims for people who are injured in highway accidents ~ through no fault of their own. However, Ed has represented people who are injured in many different ways, and it would be impossible to list all the various circumstances. However, some additional types of claims Ed has handled are injury cases caused by construction accidents, dog bites, Medical malpractice, bicycle accidents, pedestrian collisions, traumatic brain injuries, product liability (such as a defective lap band used in surgery or a malfunctioning wheelchair leading to a fall and resulting in head trauma), and any on the job injury where someone other than the employer can be deemed at fault, to name just a few. We also review insurance claims for people to help them understand their policies, benefits and coverage. This often has to do with interpreting motor vehicle insurance policies, but can also include health insurance and disability policies. The scope of Ed’s practice includes primarily people who have been injured in the state of Washington, but Ed is also licensed to practice law in California. In addition, he has helped people who were injured in Mexico, Scotland, Arizona, , Florida, Hawaii, Idaho, Montana, Oregon, Tennessee, and Texas.

If you know of a loved one who has been injured, please have them contact our office before they sign any liability release for any insurance company. The insurance companies are very anxious to have injured people sign away their rights before the injured person has a chance to seek the advice of an attorney who practices in personal injury law.

Good Faith, Bad Faith and Insurance Profits

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Tue, 11 Dec 2007 19:39:43 GMT

As an insurance policy holder, an insurance company is supposed to act in Good Faith. This means an insurance company has a duty to act in the following manner:

Honor your requests and assist you in resolving your claim

Pay or deny you claim within a reasonable period of time

Respond promptly to your requests

Provide notification in writing of the reasons they are not paying your claim

Bad faith insurance practices can include any of the following:

Not investigating your insurance claim

Unreasonably delaying the investigation of your claim

Not paying promptly benefits you are entitled to receive

Making an unreasonable low payment offer on your claim

Not disclosing policy limits

Not renewing your insurance policy after a claim has been filed

Terminating your insurance policy after a claim has been filed

Treating the insured as an adversary

Additionally, profits are up for insurance companies. Reports indicate that profits are at $73 billion for 2006. This is up 50% over last year and come on the backs of insured’s premium checks.

Can I get my vehicle repaired at the place of my my choice?

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Thu, 15 Nov 2007 20:48:48 GMT

WAC 284-30-3903

(1) The insurer must make a good faith effort to honor your request for repairs to be made in a specific repair shop and cannot arbitrarily deny your request.

(2) A denial of your request solely because of the repair shop’s hourly rate is arbitrary if the rate does not result in a higher overall cost of repairs.

(3) If the overall cost of repairs cannot be agreed upon, the insurer will:

(a) Provide you with the names of reputable repair shops reasonably close to you that can satisfactorily complete the repairs for the amount of their estimate; and

(b) Make an appropriate notation in its claim file setting forth the reason it has rejected your request.

(4) If you choose to take your vehicle to a repair facility in which the overall cost for a satisfactory repair is higher than the insurer’s estimate, you may be liable for any additional amount above their estimate.

Being dropped by your insurance carrier

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Wed, 14 Nov 2007 21:49:07 GMT

Recent article in LA Times. Health Net, a California based insurance company, bonuses a high-level analyst based on her meeting or exceeding annual targets for revoking policies.

Practices leave policyholders without health insurance coverage when they need it most – when they face dire medical consequences and/or medical emergency. Health Net disclosures provided an inside look at an insurer’s practice of providing monetary compensation for employees who were able to cancel policies when major medical claims were looming on behalf of one of their insured.

Former LA Superior Court Judge Sam Cianchetti provided the La Times with ability for records to be made public. Barbara Fowler, Health Net Senior Analyst in charge of rescission review, had a monthly average in 2002 of 23 policies cancelled. In 2005, her employee compensation was based on 301 policies cancelled.

California state law forbids insurance companies from tying any compensation for claims reviewers to their claims decisions. R-67 in Washington State will provide legal authority to monitor 1st party insurance company practices in automobile claims.

Evaluating Claim Value (per Washington State Jury Instruction)

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Wed, 12 Sep 2007 18:03:07 GMT

It is the duty of the court to instruct you as to the measure of damages. By instructing you on damages the court does not mean to suggest for which party your verdict should be rendered.

If your verdict is for the plaintiff, then you must determine the amount of money which will reasonably and fairly compensate the plaintiff for such damages as you find were proximately caused by the negligence of the defendant.

If you find for the plaintiff, your verdict must include the following undisputed items:
(List undisputed past economic damage amounts.)

1. In addition, you should consider the following past economic damages elements: (Including but not limited to the reasonable value of medical expenses incurred to date and the disability and disfigurement experienced to date.) (See 30.07.01, 30.08.01, 30.09.01 and 30.10 through 30.16.)

2. In addition, you should consider the following future economic damages elements: (Including but no limited to the present cash value of medical expenses to be incurred with reasonable probability in the future and the present cash value of earning capacity with reasonable probability to be lost in the future.) (See 30.07.02, 30.08.02, and 30.09.02.)

3. In addition, you should consider the following noneconomic damages elements: (Including, but not limited to the pain and suffering experienced to date and with reasonable probability to be experienced in the future.) (See 30.04 through 30.06.)

The burden of proving damages rests upon the plaintiff. It is for you to determine, based upon the evidence, whether any particular element has been proved by a preponderance of the evidence.

Your award must be based upon evidence and not upon speculation, guess, or conjecture.

The law has not furnished us with any fixed standards by which to measure noneconomic damages. With reference to these matters you must be governed by your own judgment, by the evidence in the case, and by these instructions.

WPI 30.01.01

What does a fiduciary relationship mean in the insurance contract setting?

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Sat, 25 Aug 2007 16:50:54 GMT

As stated in earlier postings, an insurance company owes their insured a duty to act in good faith. These are obligations established by laws which have come about through our history of English common law or statutory enactments. These are to protect one from injuring another, also known as tort law.

Contractual obligations, on the other hand, occur because of promises made by the parties who have entered into a contract. The contract of insurance governs the responsibilities of both the insured (the policy holder) and the insurer (the insurance company).

Thus, insurance companies have obligations which arise from both legal obligations and contractual obligations. These responsibilities blur to some extent, and ascertaining the legal implications of the insurance company’s actions often requires legal representation. However, it can be assumed the insurance company is prohibited in acting in a way that is detrimental to its insured.

Therefore, courts have noted that there is a fiduciary relationship that exists between an insurance carrier and an insured. In the typical setting, a fiduciary relationship is established when one holds property or something of value for another. It stems from the days of Rome and the Latin word fiduciarius “(holding) in trust “and from fidere” to trust”.

The insurance company is not a true fiduciary for the insured, but the company must “give equal consideration” to the insured’s interest, as well as its own.

Insurer's Duty of Good Faith

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Tue, 07 Aug 2007 18:22:33 GMT

An insurance company must act in good faith towards its insured. The insured is the individual or company who has been paying premiums. Their is a contractual relationship between the insured and the insurance company. There also are tort “duties” the insurance company as well as the insured to act in good faith.

According to the Washington Pattern Jury Instructions “an insurer has a duty to act in good faith. This duty requires an insurer to deal fairly with its insured. The insurer must give equal consideration to its insured’s interests and its own interests. An insurer who does not deal fairly with its insured fails to act in good faith. In proving that an insurer failed to act in good faith, an insured must prove that the insurer’s conduct was unreasonable, frivolous, or unfounded. The insured is not required to prove that the insurer acted dishonestly or that the insurer intended to act in bad faith.”

If insurance coverage is an issue, the insurer’s duty requires the company to conduct a reasonable investigation regardless of the ultimate conclusion regarding coverage. What is a reasonable investigation depends on the situation and the claim. We will visit what a reasonable investigation looks like in the next blog entry.

False Assumption - 10. I will obtain full compensation

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Fri, 03 Aug 2007 20:35:27 GMT

I will obtain full compensation, including all my lost income, because the accident was not my fault. One can hope for the best, but must be prepared for the worst. Obtaining a settlement that fully compensates someone for a collision is a rare occurrence. However, with the right guidance and counsel, one can properly prepare a claim for the best possible outcome. Compensation can be demanded and obtained ~ but be ready for a battle. There are several factors which must be considered, including the following:

-Proving liability for the collision;
-Proving that the medical treatment was reasonable and necessary; and
-Proving the wage loss through independent verification.

Obtaining a fair settlement is possible. However, one should consult with counsel and staff at Harper Law, PLLC. We are ready and willing to serve your best interests. Our firm will provide wise counsel and will advocate strenuously for you. We will treat your claim as if it was our own. Having an attorney in your corner is not only a good thing – it is essential to recovering the maximum potential recovery.

False Assumption - 9. My neighbor settled her own claim

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 24 Jul 2007 15:24:51 GMT

My neighbor settled her own claim and obtained a good settlement. Many individuals think that perhaps a friend or relative can assist in the settlement of their personal injury claim. Maybe your loved one believes they successfully settled a claim previously without the assistance of an attorney, or perhaps they used to work for an insurance company. However, while they undoubtedly have good intentions, they can’t really know how successfully they’ve resolved their claim as they don’t have any data with which to compare the results of their settlement! Insurance companies are not in business to be “fair”. They are in business to make money. No one should advocate for another person unless they are licensed to practice law. Let me say it again ~ insurance companies are in business to make profits. It’s that simple.

The insurance companies handle thousands of claims annually. It is vital that you seek and obtain a very knowledgeable attorney who has the experience to represent your interests against the interests of the insurance company. You should be represented by that attorney as if the attorney was representing a family member or loved one. That is our goal here at Harper Law.

We know what we are doing; and equally important, we really care about what an injured person is going through ~ medically, emotionally, and legally. We strive to make the legal experience one in which you feel comfortable and confident in our ability to provide information and direction along the way and to provide realistic and accurate assessments of your claim throughout the process.

False Assumption - 8. All my medical bills will be paid

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 24 Jul 2007 15:24:08 GMT

All my medical bills will be paid because someone else is at fault. For an auto accident, the initial insurance you must look to for help in paying for medical treatment is your own automobile insurance. In the State of Washington, we have Personal Injury Protection (also known as PIP) offered with our auto insurance. Provided one is injured in an accident related to a motor vehicle, PIP will assist in providing medical care for an amount that is typically $10,000. Additionally, payment for loss of services (i.e. help with housecleaning, etc.) and wage loss benefits may also apply.

If someone has chosen not to purchase PIP (see my earlier post for more detail on the benefits of PIP!), health insurance can be utilized for payment of the medical bills. If and when a claim against the at-fault driver is settled, you have the obligation to pay back the PIP and/or health insurance company through the contractual provision called subrogation. Subrogation means that an insurance company that paid your bills can expect to be reimbursed for what they have paid out from your personal injury recovery. At Harper Law, we will handle the subrogation reimbursement with your insurance to ensure you receive as much money as possible from your settlement.

If you do not have PIP or health insurance, a health care provider may be willing to take a lien on the personal injury settlement or accept a letter, such as a Promise to Pay, allowing payment at the conclusion of the case. Sometimes a lien or Promise to Pay will be the only means an injured person has in which to obtain the much needed medical care. However, before you sign a lien or Promise to Pay, you must understand that the health care provider will then hold an interest in your personal injury claim; and you are then responsible to see that they are paid in full at the conclusion of your claim.

The third party insurance company (also known as the “at-fault insurance company”) will not provide you with any benefits (except in unusual situations) unless you are willing to sign a full release of liability, preventing you from bringing a claim for your injuries.

Do not sign a release. Let me say it again ~ do not sign a release of liability unless you have consulted with an attorney.

False Assumption - 7. The pain has generally gone away

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 24 Jul 2007 15:23:41 GMT

The pain has generally gone away, so I do not really need to follow my health care provider’s instructions. Once you seek health care, it is very important that you follow the instructions of your physician. Occasionally, a client will stop the treatment regimen (i.e. physical therapy, exercise, medication) recommended by their. This creates questions as to the follow-through of the patient and their willingness to assist in their own recovery.

An injured person must act reasonably to “mitigate” their own damages/injuries. To mitigate means, in part, to follow the instructions of the health care provider(s) so that your injuries are lessened and/or the duration of care is shortened.

I am certainly not suggesting that anyone keep treating for an extended period of time without any benefit! In fact, it is very possible for an injured person to treat for too long with a certain type of health care, even to the point of damaging the eventual outcome of their claim. We often seen massage therapy or chiropractic care go on for an extended period of time without much improvement in the symptoms. The insurance companies will use this to de-value the claim, indicating that the patient should have sought different types of treatment rather than continue indefinitely in one or two types of care that do not appear to be significantly aiding in the recovery. Thus, each individual must gauge whether the health care method recommended and/or chosen is actually helping assist in the recovery process. An injured person must “act reasonably”, i.e. to do what others in a similar situation would do. At Harper Law, we are happy to provide insight to an injured person needing answers concerning health care following a collision.

False Assumption - 6. The insurance company for the other driver will believe me

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 24 Jul 2007 15:22:44 GMT

The insurance company for the other driver will believe me when I tell them how much it hurts.

Being examined by a health care provider shortly after a collision allows you to obtain some beneficial relief. At the same time, the injured person obtains the necessary proof or evidence that will help validate the claim. A judge will only allow testimony for injuries that are “more likely than not” caused by a certain event. Also, the health care has to be “reasonable and necessary.”

Allowing too much time to lapse between the collision and your first examination creates questions as to what exactly caused the injury. There is no hard and fast rule for how much time is too long. However, the sooner you receive an opinion from a health care provider which links the injury to the collision, the better. Therefore, obtain a medical opinion from a qualified health care provider, before allowing too much time to go by following the collision, in order to properly document your claim.

Time is on the side of the insurance company, and don’t think that the insurance company will believe you when you tell them how much the injury bothered you, even though you didn’t seek treatment. You must have verification from a health care professional to document your injuries to the insurance company in order to obtain a reasonable and fair settlement.

For example, let’s say you have a bicycle accident where you are struck by a car. The car hits your leg, and you lose control of the bike, crashing into a tree. The bike is destroyed, and you obtain the insurance information from the other driver. You feel pain in your leg, specifically your knee, for about two (2) weeks, but choose not to do anything about it. The side of your knee hurts, and it is painful to walk. Finally, a friend suggests you go see your doctor.

However, before doing so, you fall while in the Costco parking lot pushing your cart. In this fall, you land on the very same knee, and your pain gets worse. Eventually, after about a week, the knee feels the same as it did before the Costco incident. Finally, you go to the doctor because it has been three (3) weeks since you were struck by the car while riding your bike. You learn that you will need surgery for your knee which you believe was injured in the car vs. bike collision. How can you prove that the auto collision, and not the Costco injury, was the source of your knee problem? You may be able to make a case that the pain was caused by the collision, or at least that a good percentage of the pain was related to the collision. But your case has now become substantially more difficult because of the lack of medical documentation establishing the injuries from the outset. Bottom line ~ Get medical attention as soon as possible following the collision so you have the proof when you need it.

False Assumption - 5. My injuries are not that bad

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:49:49 GMT

My injuries are not that bad and will probably just go away with time.

Do not assume that pain will just go away. In my experience as a personal injury attorney for more than 16 years, if your condition has not improved substantially in about one (1) week, you should definitely seek medical attention. There are many different modalities of care, all of which have a different focus.

Here are some examples of the types of care which are often helpful:

Acupuncture
Acupressure
Anti-inflammatories
Aqua therapy
Biofeedback
Chiropractic
Counseling
Heat
Ice
Injections
Massage therapy
Meditation
Muscle relaxants
Neurology
Neuropsychology
Orthopedics
Osteopath
Physical Therapy
Pilates
Prayer
Surgery
TENS unit
Traction
Yoga

False Assumption - 4. I had prior injuries

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:45:23 GMT

I had prior injuries, but the insurance company will believe the injuries have no bearing on this claim. Pre-existing injuries to the same area of the body are likely to become an issue in almost every personal injury claim. If the prior injury was to the neck, and the new injury is also in the neck region, you can be sure the bodily injury adjuster will attempt to blame the present injury on the old condition.

What you can do when suffering from a personal injury is to obtain your prior medical records before the insurance adjuster is allowed to review these records. Knowing whether your doctor and/or health care provider discharged you previously is important information to know before you sign an authorization allowing an insurance company representative open access to your health care records.

At Harper Law PLLC, we allow first party adjusters to have medical authorizations for medical records pertinent to the present claim. A third party adjuster should never be given an authorization. We provide the third party adjuster with the medical records and bills after we have a chance to review and fully examine them.

Pre-existing conditions will surely be a topic of discussion, whether in negotiations or trial. However, if your condition has existed without appreciable symptoms for an extended period of time, a judge may prevent the other side from arguing that this is the same injury. The old injury may even be excluded from the purview of the jury if you were not having symptoms at the time of the new accident.

False Assumption - 3. The property damage estimate is accurate because a professional adjuster looked at my car

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:28:15 GMT

The property damage estimate is accurate because a professional adjuster looked at my car.

Property damage is the proof of two or more vehicles colliding. Having an accurate recording of the damage to the cars may have a bearing on how seriously the insurance company takes your claim. The insurance estimate is merely the document which the adjuster provides to their company in order to pay for the damage.

The property damage adjuster is an experienced evaluator who often works for the adversarial insurance company. His or her job is to get your claim resolved in a manner that helps the insurance company by saving them money. The adjuster may even try to steer you to a repair shop of their choosing. This is done to ensure the work is performed for as little money as possible. The repair shop benefits by having repeat business from the insurance company.

Additionally, the property damage adjuster may only provide a visual inspection of your vehicle. To obtain the estimate, the bumper may not even be taken off, and the adjuster may not even look inside your trunk. Both of these are areas where property damage often occurs but goes un-repaired.

Over the last 10 or 15 years, vehicles have been constructed in such as manner as to minimize the damage to the vehicles structure. The idea of a 10 mile per hour bumper is to reduce the structural damage to the vehicle. It does not assist in reducing the forces exerted on the occupants. The biomechanical forces exerted on your body in a rear end collision are not measurable by the amount of the property damage. Insurance companies pigeonhole certain claims as low-impact collisions, and they place a limit on how much they pay on these claims.

At Harper Law PLLC, we often recommend that our clients obtain a second opinion, even if the property damage has been repaired. This second opinion allows the injured person to have an independent view of the property damage. This allows us to prove the force of the collision was greater in severity than what the insurance adjuster wants you to believe.

False Assumption - 2. The other driver admitted fault for the accident, so I don't think I need to call the police.

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:28:27 GMT

The other driver admitted fault for the accident, so I don't think I need to call the police.

As I mentioned in previous entries, a police officer can document important details following an auto accident. The traffic collision report can help establish liability - in other words, it can help to determine who is legally responsible to pay for the auto accident. The report can also shed light on the traffic conditions, the weather conditions, and the general driving conditions, all of which are important in reconstructing the accident.

However, police offers do not always have to come to an accident scene if the auto accident occurs on private property. Many parking lot accidents are not within the jurisdiction of the local police force. Similarly, shopping malls, shopping centers and large department stores often have security officers who could provide assistance in documenting the accident.

Finally, whenever liability is disputed, having an independent witness may well be the determining factor. If you are aware of a witness who saw the accident, get their name, number, e-mail address, and find out if they will support your version of what happened. This may make the difference in winning or losing your claim.

False Assumption - 1. Insurance company and insurance company representatives are on your side.

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:29:10 GMT

Insurance company and insurance company representatives are on your side.

Even if an adjuster seems friendly and works for your own insurance company, they have an agenda to limit claims. Reduction of benefits or reducing the amount of money paid out, even for no fault claims, is one of the ways insurance companies make money. The other way is to collect more insurance premiums.

Viewing the adjuster as a necessary evil will allow you to be prepared in your dealings with them.

For example, giving a recorded statement is a minefield of potential disaster. I regularly discourage my clients from giving statements. In the words of the famous U.S. Supreme Court case, Miranda v. Arizona, and what police officers are required to tell those in custody, "What you say can and will be used against you".

There is little, if any, benefit in providing a recorded statement. You can ask for written questions which can be answered over time and after consulting with an attorney. Harper Law PLLC will give free legal counsel to advise individuals following any accident, even if you feel you may be at fault.

10 False assumptions that people make following an accident

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:29:22 GMT

1. Insurance company and insurance company representatives are on your side.

2. The other driver admitted fault for the accident, so I don't think I need to call the police.

3. The property damage estimate is accurate because a professional adjuster looked at my car.

4. I had prior injuries, but the insurance company will believe those injuries were fully resolved at the time of this accident.

5. My injuries are not that bad and will probably just go away with time.

6. The insurance company for the at-fault driver will believe me when I tell them how much my bodily injury hurts and how it has affected my life.

7. The pain has gone away for the most part, so I really don't have to follow my health care provider's instructions.

8. All my medical bills will be covered because someone admitted they were at fault for the auto accident.

9. My neighbor settled their claim by themselves and obtained a good settlement, so I can too.

10. I can expect to receive full compensation, including my lost income, because I will be treated fairly.

Call the police after a collision and know your location when you call

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:29:40 GMT

After collisions, people often assume there is no need to contact the police if there is an exchange of information. However, for accident reconstruction purposes, the law enforcement officer can document certain items that may be in dispute later. For example, whether in his opinion someone was at fault for the accident. Secondly, whether one of the drivers should receive a traffic citation can be determined by the officer as well. Both of these items, while not always admissible in a subsequent civil claim, proving the validity of claim is vastly improved by having an officer's report.

Additionally, 911 operators are having a difficult time determining the whereabouts of many collisions and 911 calls because of the advent of the cellular phone. One who dials 911 should be able to quickly inform the operator there location. Landlines have the ability to inform the emergency dispatch operators where the call is originating from, but cellular phones do not. Progress is being made to the 911 system, but it may be several years before even the most urbanized areas of our country have this ability.

Thus, know where you are located and call 911 after a collision. Tell the dispatcher that you are requesting assistance after a collision. If any one is complaining of injuries, ask for an aid car for emergency personnel in order to evaluate the injuries.

Ask to be transported by ambulance if you are injured. IF there is any question as to the severity of injuries, it is always best to be evaluated as soon as possible. Additionally, you will be seen much more quickly at the emergency room if you are brought in by ambulance, rather then driving yourself. Also, if an ER department is too busy, the aid car drivers will call ahead and determine this situation. Thus, you can be routed to a less busy ER department.

Car accident anatomy 101

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:29:55 GMT

In doing research for a case, I thought I could provide some terms for spinal anatomy. Most injuries arising in a car accident have a primary focus on the spine. As noted in my other posts, automobile accidents and the recovery from back injuries stemming from car accidents are the number one cause of disability in the United States. There are too many sources to mention in my research, however, Tabers Cyclopedic Medical Dictionary is on my desk and I regularly consult this handy book. Additionally, google.com and Wikipedia.org are great websites too when search for answers to your injury questions.

General anatomy terms

Anterior – front
Caudal – bottom
Cranial – head
Lateral side
Medial – toward center
Posterior/Dorsal – back
Inferior – down
Superior – up
Superficial – closer to skin
Deep – away from skin

Back Vocabulary

Spinal – pertaining the spine or spinal cord

Spinal Cord – an ovoid column of nervous tissue about 44 cm. long, flattened anteroposteriorly, extending from the medulla to the 2nd lumbar vertebra in the spinal canal. All nerves to the trunk and limbs are issued from the spinal cord, and it is the center of reflex action containing the conducting paths to and from the brain. (Tabers)

Spinal nerves – nerves arising from the spinal cord: 31 pairs, consisting of 8 cervical, 12 thoracic, 5 lumbar, 5 sacral, and 1 coccygeal, corresponding with the spinal vertebrae.

Spinal vertebrae or vertebral body – round portion that caries most of the weight. Hard cortex comprises the outer walls. The inside is filled with marrow. Marrow is a thick liquid of blood cells and tissues that make new blood cells.
Cervical – neck region

Thoracic – trunk region, or relative to part of spine between neck and waist

Lumbar – low back region

A Harper Law PLLC we handle all types of injuries stemming from car accidents. Spinal injuries can have an affect on all aspects of ones life. We are here to help. With more than 45 years combined experience, our staff is ready and available to take your call 425 284 3333 or toll free 877 780 2800.

After a car accident, getting your bills paid

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:30:19 GMT

Car accidents injuries can be debilitating for any person. However, when medical bills are stacking up, you expect your auto insurance company to help you. In the state of Washington, most people injured in an accident have personal injury protection or medical payment coverage. This is first party coverage. As an occupant of a vehicle with PIP, or even a pedestrian injured in an accident from a vehicle with PIP the medical bills should be paid for by your own insurance. If you do not have PIP, then your health insurance coverage will become primary. However, you may need to provide your health insurance company with a letter indicating you do not have PIP or an exhaustion letter if all of your PIP benefits have been used.

You have to use your PIP coverage first. This is not typically a problem and PIP will cover many other items of loss as well after a car accident. For example, it will cover loss of essential services, i.e. household expenses which you have incurred due to your injury. It will also cover wage loss after the first 14 days up to $10,000 (typical amount of PIP) for the first year after an auto accident. You can recover payment for your injuries even if you are at fault for the collision.

Ed Harper, over the last 17 years has assisted his clients in obtaining their insurance benefits following an accident. Ed Harper seeks to ensure that his clients are fully compensated for their injuries. An insurance company is not likely to explain the nuances of the insurance policy. Claims adjusters usually are adept at cutting off claims after a certain amount of treatment or if you have a pre-existing condition. Do not expect an adjuster, even if he or she is employed by your insurance company, is going to be your advocate. Do not give any statements or sign any authorizations to allow the insurance company unfettered access to your medical records without seeking legal advice.

At Harper Law PLLC we have represented hundreds of individuals who have been injured in auto accidents. We would like to represent you if you have been injured through no fault of you own, and we will answer all of your questions stemming from a collision. We are located in Kirkland, Washington and have represented car accident victims throughout the State of Washington and many other states, including California, Hawaii, Tennessee, and Texas.

Recovering from a car accident

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:30:40 GMT

There are a wide variety of schools of therapy to choose from to recover from an injury obtained in a car accident. Automobile insurers in Washington provide personal injury protection coverage for health care needed following a collision involving an automobile in a car crash. So, the insured (the person who is covered by the insurance policy) can choose just about any form of treatment provided it is reasonable, necessary and due to the collision. Here are some examples of the types of care one can obtain benefit from:

Acupuncture

Acupressure

Anti-inflammatories

Aqua therapy

Biofeedback

Chiropractic

Counseling

Heat

Ice

Injections

Massage therapy

Meditation

Muscle relaxants

Neurology

Neuropsychology

Orthopedics

Osteopath

Physical Therapy

Pilates

Prayer

Surgery

Tens

Traction

Yoga

This is not an exhaustive list. A variety of treatment types exist and each person recovers from injuries sustained in a car accident differently. Call my office to learn more about making an insurance claim arising from a car accident or other type of injury.

Spine injury prevention

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:30:49 GMT

Injury prevention

Activity and regular physical exertion can help prevent serious back injuries when they do occur. Having a strong core, strong abdominal muscles can help relieve the strain exerted on the lumbar spine. Being in good shape and having an exercise program in place may help alleviate the detrimental effect of the collision when it does occur.

Good posture and having more flexibility will help as well. Here are some examples of exercise programs.

1) Put the spine to work on a regular basis.

a. Forward bends and toe touches for flexion

b. Arching back for extension

c. Lateral side to side bending

d. Rotation of trunk in a clockwise and then counterclockwise motion over a fixed pelvis

Try these exercises starting out slowly and gradually working up over time with weights. This will help increase your comfortable range of motion.

2. Loading and working the spinal muscles. Start with isometrics (w/o weights) and use force and pressure performing each exercise without actually moving. For example, try arching your back against a wall, applying force but not actually performing the exercise.

Injuries in Motor Vehicle Collision #2

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:31:13 GMT

Car Accidents

Side impacts have a tremendous potential for causing serious back, neck and brain damage. Little protection for the driver and/or passenger exist to withstand the force of a direct impact on the doors of most vehicles. Side air bags help but the twisting motion exerted on one’s body cause damaging effects. The torque in these collisions, (a rotating force) on the spine often causes long-term consequences. Vehicles that have seats that reducing any sliding movement and absorbs the force will help in a side impact.

Injury prevention

Good posture and having more flexibility will help as well. Here are some examples of exercise programs.

1) Put the spine to work on a regular basis.

a. Forward bends and toe touches for flexion

b. Arching back for extension

c. Lateral side to side bending

d. Rotation of trunk in a clockwise and then counterclockwise motion over a fixed pelvis

Try these exercises starting out slowly and gradually working up over time with weights. This will help increase your comfortable range of motion.

Injuries in Motor Vehicle Collisions

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:31:22 GMT

When you have been injured through no fault of you own, what signifies a significant injury from an insignificant one?

Certainly, pain is an indicator but a physician is likely to downplay its significance unless it progresses for some time. Also, numbness is important, but by itself does not indicate a truly threatening condition. However, when you have weakness which comes on suddenly and is severe, you must be examined immediately and if related to a spinal injury you may require surgery on an emergent basis.

When one has numbness emanating from the cervical spine and radiates to the index finger and thumb it is noticeable almost immediately. However, when one has numbness stemming from an injury to a nerve in the low back it is much harder to diagnose.

Some important facts about injuries:

When you neck is injured, the occipital muscles that attach along the back of the base of the skull can be strain and spasm. This can cause headaches and pinched nerves causing painful symptoms.

Thoracic Outlet Syndrome Injuries to Scalene muscles can pinch nerves that emerge from the thoracic outlet in the base of the neck. Many of the major nerves, arteries and veins headed to the arm and hand pass through this V or triangle. this is termed Thoracic Outlet Syndrome as compression in this area can lead to hand weakness, clumsiness and numbness, which most commonly affects the little finger and ring finger.

Herniated disks in the spine, cannot be ignored and adjustments to the vertebrae should not be performed.

Vertebra 33 bony segments make up the spine

Cervical 7

Thoracic or Dorsal 12

Lumbar 5

Sacral 5

Coccygeal 4

Vertebral Disc disks of fibrous cartilage enclosing a central mass, the nucleus pulposus. The disks separate the successive vertebrae and provide some cushioning and allow for movement.

Herniations and ruptured disk. The herniation to the disk occurs when the nucleus pulposus pushes out through the annulus, the tough cartilage allowing the disk material to protrude. A herniated disk can cause exquisite pain by pushing on the nerves and nerve roots coming from the spinal canal.

Pain takes on many forms

Somatic a pain that arises in the body, typically associated with injury or trauma

Neuropathic pain that comes from the nerves and may not respond to routine pain medications

Chronic long and drawn out, and the opposite of acute

Medication for pain relief include:

Anti inflammatories also known as NSAIDs Non steroidal anti inflammatories work by counteracting or diminishing inflammation or the effects of irritation

Steroids mediation that mimics a natural body material and reduces inflammation

Compounding utilizing more than one part to produce a more powerful medication

Anesthetics can be local or general. Local: medication that reduces sensation as well as pain. General: medication that tends to produce deep, painless sleep.

Narcotics Opiate medication used for treatment of pain

Motor vehicle collisions are a huge cause of injuries which affect the spine.

Rear end collisions typically cause a flexion and extension injury to ones neck and cervical region.

Improvements in the motor vehicle designs as far as reduction of vehicle damage through roll bars, seat belts and air bags have decreased the risk of death in collisions. However, in certain types of accidents, the laws of physics ensure injuries to people due to the forces exerted on the occupants. The newly designed bumpers which absorb a large majority of the impact, reducing the property damage, however, have done little to reduce the effects on ones body. The plastic bumper shells pop back into place and do not completely absorb the impact due to shock absorption type devices attaching the bumpers to the vehicles. Low property damage estimates reduce the possibility ones vehicle will sustain damage, but person sustains just as much of an injury, if not more severe injuries.

Rear end collisions cause injures as the car is propelled forward suddenly with little if any warning. The body is thrust back in the seat in a split-second of time an the head and neck snap back in a delayed whipping motion. Hence the word whiplash is used to connote the head being whipped forward and back. The neck muscles and ligaments become stretched in a flexion and extension motion. The head weighs approximately the same as a gallon of water and the neck muscles of most people cannot withstand the shearing forces exerted in the 1/10 of second.

The mid-back and low back can sustain injury when there is separation or distance from the seat back as the body is propelled and tossed about within the vehicle.

Front end or head-on impacts impart significantly more force on the occupant in the opposite motion. The force is intense as ones vehicle likely comes to a complete stop. Seat belts and air bags have reduced the likelihood one will go through the windshield or strike the steering wheel. The forces exerted on the spine can cause significant injuries, especially to the less physically strong person.

Air bag injuries can occur due to the explosive mechanism utilized to propel the bag out. The speeds of these air bags can exceed 100 mph and elderly and young people should sit in the back seat. The air bag can cause burns to the face and arms as well as trauma to the chest. Hearing loss and heart problems can also occur from the explosive forces exerted from the air bag.

Consumer Product Safety Commission add Magnetix to recall list

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:31:43 GMT

CPSC finally has acted this in regulating Magnetix, the popular toy, made by Rose Art, is subject to a recall due to continued complaints from consumers. Complaints have ranged from the toy falling apart to even death by young infants who have swallowed magnetic pieces within the toys. Magnets which have been ingested can attaach within the intestines and digestive systems wreaking havoc on the the young children’s bodies.

According to the Chicago Tribune in a recent article to date, at least 27 children have suffered serious intestinal injuries after swallowing loose Magnetix magnets. More than 1,500 complaints have come in regarding magnetic pieces falling out of the toys. CPSC has stated that the following: boxes labeled for ages 6 and older that carry a tiny caution label about the risk of internal injuries from swallowed magnets.

The article points out the problems within the CPSC with shrunken staff and limited authority. Parents need to watch out for the safety of their children as some companies are not acting in their children’s best interests. In short, individuals have suffered and died because of an inability to maintain watch on companies that are only concerned with their bottom line.

Governor to sign Fair Insurance Bill?

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 21 Jul 2007 15:31:52 GMT

State of Washington Governor Christine Gregoire is posed to sign the Insurance Fair Conduct Act SB 5726. However, insurance representatives plan to meet with Washington State Trial Lawyers (WSTLA) early next week to discuss their differences. Consumer groups hail the bill as progressive and allow consumers more rights in their claims against their own insurance companies.

Insurance associations claim the bill would harm the insurance industry. The insurance lobby claim that monetary damages would be allowed to be increased, it would allow for the payment of costs and attorneys fees to the consumer, and would permit the courts to award triple (treble) damages as a punitive measure.

This bill makes sense. Insurance companies generally take advantage of their policy holders when given the opportunity. In light of companies such as Allstate and Farmers using a computer software program to reduce claims (Colossus) of their own policy holders, this bill should be enacted to protect consumers.

The Washington State Senate approved SB 5276 on a vote of 31 to 18. The Governor was supposed to sign the bill on May 8, 2007. The signing was halted in light of the demand by insurance groups to meet with WSTLA leaders.

Claiming malpractice against your physician

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 14 Jul 2007 12:26:04 GMT

A recent University of Michigan Law Review article Mat 2007 has shown that doctors are given more deference from juries than what you may have been hearing in the news. Physicians have a higher percentage of wins when they go through a jury trial. However, when the evidence is strong towards the negligence of the physician, the patient has an almost 50% chance of winning.

Don’t fall prey to the notion that jury verdicts have damaged the system. Physicians have insurance for a reason and if their rates are too high, they should do a better job at regulating their own. Studies have shown that 80-90% of malpractice cases are against the bottom 10% of the physicians.

As one who advocates for an individuals rights, our government should allow the jury system to continue with no limitations on verdicts or caps. Caps do not keep insurance rates down for physicians, it only caps the damages and prevents the injured from recovering the true value of their injuries.

Insurance industry profits soar in 2006

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Thu, 19 Apr 2007 09:47:25 GMT

A decline in catastrophic events has caused the insurance industry to post record profits in 2006. According to industry sources, the U.S. property/casualty insurance industry posted a record $31.2 BILLION NET GAIN on underwriting for the year. This has resulted in record profits for most insurance companies in 2006.

Underwriting is the methodology of evaluating risks and exposures for the prospective client. Profits from underwriting requires the insurance company to charge more premiums in comparison to what claims are paid out.

In other words, this profit has resulted from excess premiums remaining after losses have been paid out and the company’s administrative expenses have been deducted.

Following the Katrina losses in 2006 and other natural disasters, insurance companies charged their customers a higher price for the same insurance. When fewer disasters struck the companies have profited handsomely.

Social host liability

ed@edharperlaw.com(Ed Harper, Harper Law PLLC) — Sat, 17 Mar 2007 08:42:27 GMT

Property owners owe a duty of care to their guests to exercise reasonable care. This is subject to much discussion on what was/is reasonable care.

A property owner must either warn or create a safe environment for their guests. Washington case law states the following: “This standard of care imposes a ‘duty to exercise reasonable care’ toward licensees where there is a known dangerous condition on the property which the possessor can reasonably anticipate the licensee will not discover or will fail to realize the risks involved.” Younce, at 667. If a duty exists, it is met by making the condition safe or by giving a warning of the danger. Younce, at 668.

When someone comes onto your land, they are deemed to be “licensees”. A licensee is “a person who is privileged to enter or remain on land only by virtue of the possessor’s consent”, Restatement (Second) of Torts 330, and includes a social guest. Younce, supra.

Washington courts have interpreted this to mean that an owner of a premises has possibly breached their duty of care to the licensees on their property by supplying alcohol to their guests who were minors. In Younce, supra at 667-69, our State Supreme Court applied the Restatement 342 standard of care where the minor plaintiff was injured when she was struck by a car driven by another minor on the defendants’ property where minors were drinking alcoholic beverages at a high school “kegger” party.

So, where does that leave you? My suggestion is to not serve alcohol at any employment or church related function. There are too many concerns for the host as well as a church to allow alcohol to be served to one’s guests.

Brain Injuries

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 14 Mar 2007 07:15:56 GMT

Brain injuries are on the rise. Traumatic Brain Injuries (TBIs) or Brain Injuries are increasing due to the more resilient vehicles (cars are not incurring as much property damage) on the road today.

“More than 40 percent of TBIs are the result of traffic accidents” the most common cause of this type of injury.

Ironically, advances in protective equipment – seatbelts, airbags, helmets – may have led to increases in TBIs over the past decade or so, Dr. Lifshitz says. That’s because people who once would have died from injuries in an accident now live, but with badly wounded brains. – Recent MSNBC article.

People are injured as a result of the sheering forces on the brain when sudden acceleration and deceleration incidents occur. Incidents such as car collisions and falls can cause permanent injuries. The brain, soft and jelly-like, is slammed into the hard and bony skull. Permanent damage often results as nerve fibers are torn apart and the brain cells often do not recover.

According to the National Institute of Health, “Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. A person with a mild TBI may remain conscious or may experience a loss of consciousness for a few seconds or minutes. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking. A person with a moderate or severe TBI may show these same symptoms, but may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.”

Brain injured victims must rely on family and friends for assistance. The injured person often cannot hold a job as they lack the ability to remember, cannot concentrate, and employers lose their patience. Society must learn to assist the ever-increasing number of brain injured people.

If you or a loved one has been injured through someone else’s negligence, call Harper Law, PLLC.

Construction site safety will likely improve with new bill

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Mon, 12 Mar 2007 09:44:08 GMT

Washington State legislators agree on a construction crane safety bill. In a rare move labor and management officials in the construction industry provided support for this new bill. Initially, the bill would have applied to both manufacturing cranes as well as construction cranes. However, after Boeing and Weyerhaueser both petitioned the legislature.

The legislation will cost the state an estimated $5.0 million from 2007 to 2013 and require L&I to open a crane safety division. Part of L&I’s new mandate requires the State of Washington to certify crane operators, something which is long over-due.

Washington now has upgraded safety for its citizens in regards to crane operations.

Steroid users should be banned from sports

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 07 Mar 2007 08:20:52 GMT

As you all know steroids continue to rear their ugly head in the news. These substances are illegal, and their usage continues in almost all sports. Athletes continue to think they are above the law, or that the ends justify the means. Look at Barry Bonds, soon (I hope not) to be the home run champion of all time in Major League Baseball. He will pass Henry "Hank" Aaron when he hits home run #756 sometime this summer.

Unless Bonds’ is indicted first.

If Bonds does break the record, there should be an asterisk by his name to indicate his scandalous behavior. Or, just as Pete Rose is rightfully kept out of the Hall of Fame until he comes clean, Bonds should not be allowed to be inducted in the Hall of Fame without the truth being made known.I often hear comments such as well if he has not tested positive, then what is the problem. The problem is that Bonds and others have seen fit to take advantage of lax testing policies in order to acquire an advantage in their respective sport. He has damaged America’s pastime and for that he should be punished.

State Farm Insurance Company posts amazing profit numbers

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 03 Mar 2007 09:08:06 GMT

According to a leading Insurance company source “State Farm Mutual Automobile Insurance Co. announced today it will pay $1.25 billion in dividends to its mutual auto insurance policyholders in 46 states, the District of Columbia and the Canadian province of New Brunswick.

The dividends approved by the State Farm Mutual board of directors, eclipses the previous high of just over $1 billion in June, 2000.”

The company has made a substantial amount of profit the last three years even in 2005 the year of Katrina disaster. “The company is reporting an after-tax net income from all sources of $5.32 billion, compared with $5.31 billion in net income reported in 2004 (two years ago). State Farm’s net income in the hurricane – laden year of 2005 was $3.24 billion.”

So, do not feel sorry for the insurance industry. State Farm is going to be sending out dividend checks to policy holders. The average amount to be received will be $35 per policyholder. In my mind, they should lower the rates of their insurance policies across the board, rather than continue to line their pockets with so much money.

Uninsured and Underinsured Motorist Coverage: Is it necessary?

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 28 Feb 2007 19:55:31 GMT

Uninsured/Underinsured Coverage: Coverage that is a necessity

When one is injured in a collision caused by a person who does not have insurance, or is underinsured, Uninsured (UM) and Underinsured (UIM) Motorist Coverage may be the only avenue to recoup your losses.

In 2002 in the State of Washington, according to a leading insurance company in Washington, 18.2% of all motor vehicle collisions were the fault of uninsured drivers. Thus, there is almost a 20% chance the collision you or your loved one will be or may have been in will be caused by an uninsured driver. This percentage has risen through the years in Washington even though the State Legislature in 1963 made it mandatory for one to have automobile insurance.

UM or UIM coverage is important and our state legislature has written the law in a manner which supports the courts to find coverage. Any question of coverage goes with the insured person. Then, when the claim is made to the insurance carrier, the UIM carrier steps into the shoes of the at-fault driver and takes on the responsibility for compensating the injured person as if the at-fault driver was settling the claim. (The insurance carrier will have claims against the at-fault driver if they desire to re-coup the money they have to pay out.)

Further, with insurance limits of $25,000/$50,000 in Washington, the Underinsured Motorist benefits will often be necessary to provide full compensation. The UIM coverage stacks on top of the at-fault insurance policy in order to obtain complete relief for the injuries. Making these claims is often necessary as the cost of health care and costs related to personal injury claims continue to rise for the injured person.

When making a UM/UIM claim, one can recover for these medical expenses, wage loss and other expenses and the UIM coverage protects you financially for these unforeseen circumstances.

This coverage is not mandatory but highly encouraged. The amount varies depending on the coverage you would like to purchase. However, typically one has the same amount of UIM coverage as the amount of liability coverage one has on their policy.

Personal Injury Protection Insurance: Do you need it?

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 24 Feb 2007 18:40:33 GMT

Personal injury protection (pip) insurance covers you, your family members and those riding in your car for medical expenses and any wage loss. The coverage will also provide for some additional items such as loss of services and yard work too! In sum, the benefits far outweigh the expense of this coverage and I highly encourage my clients to obtain this coverage.

This coverage is important to the consumer and provides a relatively inexpensive mechanism to help you and your loved one recover following an accident. If you do not want this coverage, you must sign a written rejection provided to you by your insurance carrier. An insurance agent should advise you of the valuable nature of this benefit prior to waiving this coverage.

The standard amount of coverage is $10,000 for reasonable and necessary medical care or up to three years whichever comes first. Lost wages are covered for the standard $10,000 at $200 per week starting at the beginning of the third week after an accident. The other coverage amounts vary respectively.

One can see any physician of their own choosing. This allows many consumers to go outside of their PPO and HMO provider lists, Thus, they can see a chiropractor or massage therapist for injuries even if this health care provider is not within their plan.

The coverage applies whether or not the beneficiary is at fault. I have been able to recover wage loss and medical care for an injured person even though they were jay-walking while crossing the road. The man had sustained a nearly catastrophic leg injury and had lost 6 months of work. In certain circumstances this may be the only amount one could recover when injured in a car collision.

Further, if you are a pedestrian and struck by another vehicle, your medical care can come from the drivers insurance policy provided they have personal injury protection (pip). If the medical expenses exceed the amount of that driver’s insurance, you can also open up a pip claim with your own insurance. Or if the other driver does not have pip coverage, you can make the claim against your insurance policy.

Call me if you have any questions regarding personal injury protection or any other issues regarding your insurance.

Are drinking fountains safe?

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 21 Feb 2007 07:35:03 GMT

Recently, I noticed a sign above the drinking fountain at my work out club. The sign said in essence “Spitting into a drinking fountain is against Washington State Law”. Now, I’ve never thought this could be an issue in our society, but have you ever had to drink water from a fountain after a young child had gurgled much of the water back into the faucet, or been behind a person and they rinsed their mouth out and spit out the remnants? Apparently this is a common occurrence.

An expert in infectious diseases from my alma mater, USC, states that you might want to think twice about drinking from a fountain which you suspect has been the subject of unsanitary practices. John Leedom, MD, Emeritus Professor of Medicine states “Indoor and outdoor faucets are only as safe as the water coming out of them- Spigots that stay wet, particularly on a leaking fountain, could be harboring bacteria. That is especially true if someone coughed, sneezed or spit on it recently, Avoid fountains that do not look clean, he suggests, and run the water for 15 seconds before drinking to help wash away contamination.” Leedom, quoted in USC Health magazine, Winter 2007.

I have also heard that golf clubs have faced litigation for not cleaning the water cannisters where they have water stored which is provided to the golf patrons. Several clubs now serve water only in water bottles because the possibility of bacteria forming in their water coolers. The United States EPA requires water from drinking fountains to be tested regularly for evidence of contamination, but many small clubs and communities likely have not been able to get to testing all their water fountains. Additionally, the pipes and fittings inside older fountains can pose a risk of leaching metals into the water. With outdoor fountains especially, let the water run for 30 seconds to let the fountains have some time to clear out any sediment in the water, states Dr. Leedom.

So, when you are at the club, or a park, or anywhere, remember don’t spit in the fountain and avoid drinking from a fountain that you do not feel is clean. According to Dr. Leedom that if you feel a problem exists but have to have a drink, let the water run for 15 – 30 seconds to let the pipes clear.

Sound Transit: Obayahsi Construction Company failure to abide by safety rules leads to death

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Mon, 19 Feb 2007 08:42:07 GMT

A recent death of a construction worker could have been prevented at a Sound Transit construction site. A state audit showed that managers at the construction site were not required to be at safety meetings as required by Washington State Law. A WAC requires attendance at weekly safety meetings for all management officials.

The construction worker was killed when a train on the tracks he was working collided with a parked train. According to the Seattle Times article last week stated

“The contractor digging Sound Transit’s Beacon Hill tunnel, where a worker died this week, failed to establish a culture of safety on the job site last year, an audit found.

The contractor, Obayashi Corp., is performing the tunnel work where a small supply train hit a parked locomotive and derailed early Wednesday morning.

A mechanic, 49-year-old Michael Merryman, died of internal injuries when he was thrown from the train or jumped outside the tunnel entrance.”

The independent audit, released Friday, further found that while the company has good safety procedures, its Beacon Hill managers were not participating in safety meetings and inspections. Those duties were left to Obayashi’s safety manager. Frequent employee turnover made it difficult to promote safety awareness, said the audit, completed last month by an independent consultant.”

This is second major train incident in Seattle at a Obayashi worksite in the last five months. In October, 2006, five workers avoided serious injury because of human error and a failure in the braking system on a supply train. Two workers had to jump from the flatbed railway car. Two supervisors for Obayashi had to serve three day suspensions for these violations.

Actual interest in safety has been lacking on this job site. Merely stating safety is a concern does not make it so. Obayashi should be ashamed of how it fails to follow-through on protecting its workers and one worker has died as a direct result.

Chlorine Chemical leak due to worker error: Corporate blame game should not go unnoticed

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Sat, 17 Feb 2007 10:17:29 GMT

According to Tacoma News Tribune, a worker at a Tacoma chemical plant released between 900 to almost 1300 pounds of chlorine gas into the air. This required emergency responders – firefighters – to cap the leak.

The company blamed the worker.

“It was more or less operator error,” said George Karscig, manager of the Pioneer Americas plant at 2001 Thorne Road. “There was no equipment failure involved in the release.” Several investigating agencies will be looking into the incident. According to the Tacoma News Tribune 2/17/07 article,

“In addition to the company’s internal investigation, state and federal officials are investigating, officials said. The state Department of Labor and Industries and the federal Environmental Protection Agency have begun looking into the accident. Labor and Industrial officials also have notified the Puget Sound Clean Air Agency, officials said.”

In essence, the company has admitted to its own negligence by pointing their finger at their own worker. Through the legal principle of “respondeat superior” or “let the master answer”, defined by Black’s Law Dictionary, the employer is responsible for the mistakes of their workers. Provided the worker was working within the course and scope of his employment. Clearly, this worker was doing his duties.

Based on a 1993 EPA study, Washington had 10% of the 40 locations nationwide where chlorine is processed. Chlorine is used in variety of situations from cleaning products to wood pulp products. Environmental and safety concerns abound based on the hazardous nature of chlorine gas. If only exposed to a minor amount, recovery can be quick and complete.

However, exposure to a large amount of chlorine gas can be life-threatening. According to the study, Chlorine is a primary irritant to the mucous membranes of the eyes, nose, and throat and to the linings of the entire respiratory tract (Stokinger 1982). The extent of acute injury to humans depends on the concentration and duration of exposure as well as the water content of the tissue involved and the presence of underlying cardiopulmonary disease (HSDB 1994). http://www.epa.gov/chemfact/s_chlori.txt.

The safety of our citizens and our workers should be of paramount concern to us as a society. Corporate blame should focus on their own failures, rather than trying to blame their own workers in an attempt to shift their responsibility. Choices were made by this company which caused this incident to occur and justice will only be served to investigate and punish the company for their poor choices.

Airbags: Do benefits outweigh the risks?

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 14 Feb 2007 19:08:12 GMT

A recent study has exposed more problems with airbags and the damaging impact the explosion of an airbag can have on one’s hearing. The study, conducted by Auditory Physician, G. Richard Price has shown one could sustain significant hearing loss when involved in a collision where the airbag explodes in their American car.

The scientific data determined by Dr. Price shows that 17 percent of people exposed to deployed airbags in American cars will suffer from permanent hearing loss. His research also shows airbag deployment is more hazardous to the ear when a car’s windows are rolled down. The study will be released at a National Hearing Conservation Assoc. conference this week in Georgia.

“We often consider only the benefits of safety technology, rather than the unfortunate potential side effects,” said NHCA Director of Education Brian Fligor. “This type of study highlights how common everyday occurrences present a very real hazard to our hearing.”

In this author’s mind, the life-saving benefits do outweigh the risks. I have represented individuals who have sustained permanent injuries from airbag explosions. Cardiac complications (arrhythmia-an irregular heartbeat) tinnitus (a constant ringing in their ears) and burns to the skin all have been caused by an airbag explosion. However, when one considers the life-saving benefits an airbag can have, they are a necessity.

We all should consider the consequences a motor vehicle collision can have to the occupants of the vehicles. We should all slow down and drive more carefully.

New Sonic stadium: Should it be funded by the taxpayers?

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 13 Feb 2007 15:11:49 GMT

Today, Clay Bennett is testifying in Olympia at a hearing chaired by Margarita Prentice, Rep. Renton. Bennett is the new owner of the Sonics who hails from Oklahoma. He would like to build a new stadium somewhere on the east of Lake Washington and he has an ally in Rep. Prentice. She is a Sonic season ticket holder who would love to have the Sonics in her backyard. There are two sites still in the running for the stadium on the Eastside, Auto Row in Bellevue, and the Boeing property in Renton. Heck, the Seahawks as moving south down Interstate 405 next year for their practice facility, and why shouldn’t the Sonics move too?

Problem is, Margarita Prentice has already proposed providing $300 million to help retire debt of Safeco Field and Qwest Field and pay for a portion of the new Sonic Stadium. No, it won’t be called Starbuck’s Stadium with Howard Schultz having moved on. The tax increase will be in the form of a .05 cents in the local sales tax on restaurant purchases. Prentice states this will put a majority of the burden on out of town guests. Since when do out of town guests provide the majority of our purveyors of our eating establishments?

It is likely in my mind that the Sonics are going to move only it will be about 1500 miles east to Oklahoma City and not just 15 miles to Renton. This is another example of the sports franchise owners holding a region hostage demanding new stadiums at the expense of taxpayers. Wake up Olympia and just say no!

Recent CNN investigation points out insurance claims abuse

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Mon, 12 Feb 2007 07:05:57 GMT

Recently, CNN and their investigation into auto accident claims have proven several insurance companies abuse of the claims process. By denying and and refusing to pay legitimate claims for medical bills and wage loss, State Farm Insurance and Allstate Insurance have forced many injured persons into court to litigate their claims. Jim Mathis, a former Washington claims adjuster in Washington when asked to describe the claims denial strategy to the CNN reporter:

JIM MATHIS: It really came down to three basic elements. A position of delay. A position of denying a claim. And then ultimately, of course, defending that claim that you denied.

GRIFFEN: The three D’s?

JIM MATHIS: Exactly.

GRIFFIN: Jim Mathis is a former insurance company insider who now testifies against insurance companies in court.

MATHIS: And the profits are huge. Profits are good. And as long as the public allows this to occur, the insurance companies will get richer and people will not get a fair and reasonable settlement, period.

Corporate greed should discouraged and should be watched closely. The insurance industry wants to prove a point and drive claims down. They set arbitrary monetary thresholds for the amount of property damage. In other words if the property damage estimate is below this arbitrary amount, or if the property damage does not look bad in a photo they will force you to court. The CNN story points out it is not a question of profit for the insurance companies but how much profit.

According to Anderson Cooper You might think all the savings would mean lower premiums for drivers. Well, guess again. The Insurance Information Institute says auto insurance rates have actually gone up 30 percent over the 10 years since this went into effect.

See Anderson Cooper’s blog on this http://www.cnn.com/CNN/Programs/anderson.cooper.360/blog/

Prescription drug errors in recent years have drastically increased death rate

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 06 Feb 2007 22:30:18 GMT

During the years 1999 – 2002, death rates from narcotic pain killing poisonings have shot up more than 91% according to the Center for Disease Control in a national study. In Washington State, unintended drug poisonings account for 650 deaths a year, according to state health officials. Thus the annual death rate of unintended deaths from "legal" drug poisonings now account for more deaths than deaths occurring in motor vehicle collisions. Additionally, officials are finding legal opiates are killing more than illegal substances, such as heroin. Physicians should take note of the increasing error rate and overdose potential. The effectiveness of these medications should be balanced by the addictive characteristics and the dangerous consequences of misusing these drugs. Please visit http://www.komotv.com/news/5549436.html to read the article.

Proposed legislation will require drivers to provide proof of insurance upon licensing

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Tue, 06 Feb 2007 17:52:24 GMT

Proposed legislation will require drivers to provide proof of insurance when registering their vehicles. Washington is one of a few states that do not have this requirement. WA State legislators will likely enact bills in both houses which will mandate proof of insurance and carry with it the crime of a misdemeanor if one attempts to provide fraudulent documentation. Mandatory insurance is already the law in the State of Washington why should we threaten drivers with another crime and require the police and courts to be the state revenue collectors.

Here is a link to op-ed piece regarding this issue: http://www.columbian.com/opinion/news/02052007news100870.cfm

Dept. of L and I starting new program on reporting claims

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 02 Aug 2006 07:05:28 GMT

Starting January 1, 2007, The Dept. of Labor and Industries (Washington’s workers compensation program) will allow some employers, 500 initially, to report injuries and occupational diseases of their workers. The present system requires physicians to initiate the claim. Dept. of L and I will track these 500 employers and compare the benefits of having employers report the injury. In the past physicians were unwilling to fill out the paperwork necessary to start the claim and employers would question the employees injury if the office visit to the physician occurred after work etc. Time will tell which process is more effective in having injured workers treated properly for their injuries.

Employers can sign up at this website. Employers without web access can get information from Shirley Morris, 360-902-6201.

Washington Supreme Court upholds Defense of Marriage Act

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Thu, 27 Jul 2006 07:54:19 GMT

On July 26, 2006 the Washington Supreme Court overturned King and Thurston County rulings upholding the Defense of Marriage Amendment. The decision was 5-4 in favor of the legislative enactment. In the case, Andersen v. King County, 5 justices agreed that the Act is constitutional. The lead opinion was authored by Justice Barbara Madsen.

Here is a link to the decisions: http://www.courts.wa.gov/newsinfo/?fa=newsinfo.internetdetail&newsid=707

Studies show physicians malpractice insurance rates not tied to claims

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Thu, 13 Jul 2006 06:57:21 GMT

Folks,

I-330 was defeated recently in Washington State as the medical malpractice insurance industry tried to pull the wool over consumers eyes. A recent study of the largest 15 insurance carriers for the medical industry in the US have collected more than 3 times the amount of premiums over the last three years and payouts on claims has actually dropped! Another finding mentions that premium collection has increased by 120% and payouts on claims has only increased 5.7% during 2000-2004.

So what drives the “crisis” in the medical industry? Insurance Companies desire to make more money and they have deceived the medical industry.

Wisconsin Supreme Court has recently found that caps on malpractice verdicts bear no relation to lower insurance premiums. Now Wisconsin is one of 14 states to have ruled that caps on verdicts are unconstitutional as they caps merely deprive the injured person and their families from adequate compensation for their injuries. This was why it was so important to stand up to the insurance industry and vote no on I-330.

For more information, please read Falling Claims And Rising Premiums In The Medical Malpractice Insurance Industry. Let me know what you think after reading it.

Ed Harper

Wisconsin Court overturns medical malpractice cap on damages

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Wed, 12 Jul 2006 07:15:42 GMT

The Wisconsin Supreme Court has held that caps on damages for a medical malpractice action is unconstitutional. In a wrongful death claim a husband brought an action for the death of his wife which was allegedly due to the mistakes of a physician. The jury found for the husband and rendered a verdict for $1,200,000. Wisconsin previously had enacted a cap on damages and the court was forced to reduce the verdict to the capped amounts. The Supreme Court disagreed and reinstated the full verdict.

Caps on damages have proven to be successful only for the insurance companies and insurance rates do not go down for physicians following a caps instatement. From an individual rights perspective as well, one should have the freedom and liberty to have their day in court and government should stay out. The jury system is not perfect but it is the best way to ensure fairness and equity for those that require justice.

Change in prescription requirements

ed@edharperlaw.com (Ed Harper, Harper Law PLLC) — Thu, 29 Jun 2006 10:13:30 GMT

A recent change in state law here in Washington will require physicians to write more legibly. The Seattle Times has come out in favor of this alteration of state law and even though I usually don’t agree with the Seattle Times and their politics I have to think patients will be better protected with a change. Cursive handwriting will no longer be accepted by pharmacists. Pharmacists in the past would have to interpret the doctors handwriting and as a result oftentimes there were serious mistakes which would be harmful to patients.

“Was that vicodin or aspirin?” —The Seattle Times.