Seattle Personal Injury Attorney Chris Thayer
Seattle Personal Injury Attorney Chris Thayer
Handling Personal Injury Claims in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer and I am a personal injury attorney practicing in downtown Seattle. I handle personal injury, medical malpractice and wrongful death claims throughout the greater Seattle area, including Issaquah, Mercer Island and Kirkland.

I am here to help you.

Call for a free consultation (206) 340-2008

The Seattle Personal Injury Blog

Reaching a Settlement Agreement in a Personal Injury or Wrongful Death Case

Posted Friday, June 22, 2018 by Chris Thayer

Not every personal injury lawsuit leads to trial. Some parties might try negotiating a settlement agreement to resolve their dispute outside of the courtroom instead. If successful, settlement negotiations can save both time and money and avoid the hassle of litigation.

*What is a Settlement Agreement?*A settlement agreement is a legally binding contract that resolves a legal dispute. The contract is usually based on one party’s agreement not to sue in exchange for a certain amount of money.

However, the parties cannot just enter into an agreement carte blanche. The court must make sure that the settlement amount is reasonable based on the discharge of claims. The party requesting the settlement has the burden of proving that the offer is reasonable.

*Pros and Cons of Settling a Personal Injury or Wrongful Death Case*Deciding whether to settle a case instead of going to trial is a major decision that should not be rushed. There are advantages and disadvantages to both options. For example:

  • Trials can take a long time, depending on how complex your case is. A settlement means you will receive compensation sooner and be able to pay your medical bills and other expenses.
  • A settlement agreement, unlike court records, can remain confidential.
  • The settlement amount might be less money than what a jury or judge would award in a trial.
  • However, there is no guarantee that you will win at trial or that the judgment amount will be higher than the settlement.

An experienced attorney can help you weigh the pros and cons and determine which option is right for you. (Keep in mind that you might fail to reach a settlement agreement. In that case the lawsuit can still go to trial.)

*Example of Case Resulting in Settlement Agreement*In April of 2017, Brook Ashcroft found her sister Kelli and Troy Sullivan dead in a bedroom at her parents’ house in San Juan County. Investigators determined that Kelli and Troy died of carbon monoxide poisoning. Brook and Troy’s family both filed wrongful death lawsuits against the Ashcroft parents, Jim’s Heating and Refrigeration, and Inter-Island Propane for negligence, wrongful death, and negligent infliction of emotional distress. The two lawsuits were consolidated and ultimately dismissed after the parties reached an undisclosed settlement agreement.

In this case, the parties decided to keep their settlement agreement confidential. They would not have been able to keep court records private had they gone to trial. Also note that the case was dismissed, which means Brook and Troy’s family will not be able to pursue legal claims related to their loved one’s death in the future (depending on the terms of their settlement agreement, of course.)

*Contact Us Today*Contact one of our experienced personal injury attorneys today for a free consultation if you were injured or a loved one was killed because of negligence. Our experienced attorneys will examine the facts of your case and help recover compensation for your injuries, whether by reaching a settlement agreement or proceeding to trial. We can explain your legal options and develop an effective strategy that suits your needs.

Driving in the Left Lane can be Dangerous and Illegal

Posted Friday, June 15, 2018 by Chris Thayer

If you have ever been stuck behind a slowpoke driver in the left lane, or if you have been tailgated because you are driving too slowly in the left lane, then you probably understand the frustrations and dangers of hanging out in the “fast” lane.

Driving in the left lane causes thousands of accidents every year, according to research done by the Traffic Operations & Safety Laboratory at the University of Wisconsin-Madison. That is one of the reasons many states make it illegal to drive in the left lane unless you are passing another driver or the right lanes are blocked. Even states that do not penalize left-lane driving urge slower drivers to stay on the right.

Washington is one of those states where you can not camp out in the left lane. It is illegal to drive in the left lane on highways with two or more lanes, except when passing, moving to the left to allow other drivers to merge, or exiting on the left.

Problems with Driving in the Left Lane

More and more people are moving to the Seattle metropolitan area. In fact, between 2016 and 2017, more people moved to Seattle than moved away, making it one of only five metro areas with a “net domestic migration.” Unfortunately, with more people comes more traffic. Seattle’s roads rank 20th in the world for the worst traffic congestion, costing the city more than $5 billion in 2017. Drivers spent about 55 hours stuck in traffic last year.

Slow drivers who camp out in the left lane can incite road rage, cause traffic congestion and block emergency vehicles, according to state patrol troopers. Road rage is a major contributor to car accidents and can take many forms, including:

  • Tailgating (following a car in front of you too closely)
  • Cutting other drivers off
  • Honking
  • Flashing your headlights
  • Cursing or yelling at other drivers, and
  • Brake checking.

Extreme examples include running other drivers off the road or purposefully crashing into another vehicle.

Road rage-related behaviors are obviously negligent and can result in civil liability for personal injuries and fatalities. But, illegally driving in the left lane – especially when coupled with driving too slowly or other unsafe behaviors – is also negligent.

*Filing a Personal Injury Lawsuit in Washington*You have the right to seek compensation if you have been injured in a car accident caused by a slow driver, aggressive driver, or any other negligent party.

You only have three years from the date of the accident to file a personal injury lawsuit, including for property damage, so do not delay. Get medical attention and reach out to an experienced attorney as soon as possible.

*Contact Us Today*Contact one of our experienced personal injury attorneys today for a free consultation if you are injured in a car accident, whether it was caused by a slow driver, a driver recklessly changing lanes or tailgating, or any other negligent individual. Our experienced attorneys will examine the facts of your case and help recover compensation for your injuries, including medical expenses, lost wages, and pain and suffering.

Traumatic Brain Injuries

Posted Saturday, June 9, 2018 by Chris Thayer

Seventeen years ago, Ray Holman was driving his motorcycle on Interstate 82 between Yakima and Ellensberg when he suddenly crashed. He broke dozens of bones, lost his left eye, and suffered traumatic brain injury. Holman has lived with the aftermath of that brain injury ever since, including difficulty concentrating and keeping up with conversations and severe depression.

In March 2018, 62-year-old John Baretta was hit by a car while crossing the street in Tacoma. Baretta crossed the intersection legally, with a walk sign. But the car that hit him also had a green light. Neither saw the other. Baretta suffered a traumatic brain injury in the accident.

In August 2017, a Washington State University freshman suffered brain and spinal cord injuries after falling out of his second-story dorm room window. The accident forced WSU to reconsider its safety policies. Earlier this year the school announced changes that will hopefully prevent other students from experiencing similar accidents.

*What is a Traumatic Brain Injury?*Traumatic brain injuries (TBIs) are a serious problem in the United States, according to the federal Centers for Disease Control and Prevention. In fact, almost one-third of injury deaths are at least partly attributed to TBIs. Falls and car accidents – often the reason for personal injury and wrongful death lawsuits – are two of the leading causes of TBIs.

A TBI is an injury to the brain caused by a violent blow or jolt to the head or body. Symptoms vary based on the severity of the injury but can include:

  • Loss of consciousness
  • Headaches
  • Nausea or vomiting
  • Fatigue or sleeping more than normal
  • Dizziness
  • Speech difficulties
  • Blurred vision
  • Ringing in the ears
  • Seizures
  • Weakness or numbness in fingers and toes
  • Confusion, and
  • Unusual behavior, like combativeness.

TBIs often lead to long-term health problems. For example, a recent study found that a severe brain injury increases the risk of developing dementia by 35%, while a mild brain injury increases the risk by 17%. Such long-term consequences are one factor to keep in mind when seeking compensation in a personal injury lawsuit.

*Filing a Personal Injury or Wrongful Death Lawsuit After a TBI*The deadline for filing a personal or injury or wrongful death lawsuit in Washington is three years from the date of the injury or death.

Washington is a comparative fault state, which means that any damages awarded to you will be reduced by your percentage of fault.

Note that Washington does not place a cap on the amount of damages that you can receive. This includes compensation for economic damages and noneconomic damages. Economic damages are easily quantifiable, like medical expenses, while noneconomic damages are more subjective, like pain and suffering.

*Contact Us Today*Contact one of our experienced personal injury attorneys today for a free consultation if you or a loved one suffer a traumatic brain injury because of a negligent act. Our experienced attorneys will examine the facts of your case and help recover compensation for your injuries, including medical expenses, lost wages, and pain and suffering.

Seattle Proposes New Negligence Law on Gun Access

Posted Saturday, May 26, 2018 by Chris Thayer

In September 2017, a 15-year-old boy came to Freeman High School in Rockford armed with a rifle hidden in a duffel bag and a pistol in his coat pocket. According to police reports, he got the weapons from his father’s gun safe. The rifle jammed, and when he took out the pistol, another student confronted him. The shooter then shot that student in the abdomen and in the face before firing at other students down the hallway. The student who confronted him died, and three others were wounded.

If one Washington mayor has her way, then that boy would not have had access to his father’s guns. A father – or anyone – who allowed children or other unauthorized users to access their weapons would be civilly liable.

*Legislation Proposed in Seattle*Seattle Mayor Jenny Durkan recently proposed legislation that would penalize gun owners for allowing unauthorized users to obtain their weapons and to use them for harm. The proposal stemmed from the spate of mass shootings in recent years, as well as a study finding that only 36% of Washington gun owners say they keep their firearms locked and unloaded at home. (These penalties would only apply to stored guns, and not weapons carried by their owners.)

Violators would be subject to fines ranging from $500 to $10,000. There is also an important component of the law that would help victims filing personal injury lawsuits. A violation of the law would be considered evidence of negligence.

*Suing a Shooter or Gun Owner for Negligence Under Current Law*First, keep in mind that the proposed changes would only affect Seattle.

Then, rest assured that even if the proposal does not become law, or if you live somewhere other than Seattle, you can still hold a shooter or gun owner civilly liable for gun injuries. While the new law would make it easier to establish negligence, you can make that case regardless. Injury victims just need to prove that the negligent actor breached a duty of care. In a school shooting case, parents owe a duty to keep their children safe and to prevent their children from hurting others. Allowing a child access to guns, especially if that child has a propensity for harm, is arguably a breach of that duty.

As with any negligence case, you have three years from the date of the injury to file a personal injury lawsuit or wrongful death lawsuit in Washington (the rules are different when the injured person is a minor.) Also remember that Washington is a comparative fault state, which means that if you were partially at fault for your injuries, any damages awarded to you will be reduced by your percentage of fault, although it is hard to imagine how a shooting victim could be found partially at fault.

*Contact Us Today*Contact one of our experienced personal injury attorneys today for a free consultation if you were injured in a shooting incident caused by a gun owner’s negligence. Our experienced attorneys will examine the facts of your case and help recover compensation for your injuries, whether or not the proposed legislation becomes law.

Sources of Personal Injury Claims

Posted Friday, May 18, 2018 by Chris Thayer

Accidents happen. But when an accident is caused by another person’s negligence, the injured party is entitled to compensation. Here are eight common sources of injury that lead to personal injury and wrongful death lawsuits in Washington:

  • Car accidents: Negligent driving is a common cause of personal injury and wrongful death. Texting while behind the wheel, drinking and driving, speeding, and failure to follow posted traffic signs are all examples of negligent behaviors that cause accidents.
  • Slip-and-fall accidents: Slippery retail floors are dangerous to both customers and employees. If a liquid substance is spilled on the floor and not cleaned up or blocked off in some way, odds are than someone will slip and fall because of it.
  • Defective products: Under Washington’s products liability law, manufacturers, retailers, suppliers, and marketers are all responsible for ensuring that their products are safe for consumers. If a product is not designed or manufactured properly, or if someone fails to warn consumers about a product’s risks, then they could be liable for any resulting injuries.
  • Assault or battery: Some assault and battery victims might not realize that they have the right to file a civil lawsuit. While criminal prosecution is one way to seek justice, it is designed to punish the wrongdoer, not to make the victim whole. Also keep in mind that prosecution is not a prerequisite to seeking civil compensation.
  • Dog bites: Pet owners can be held liable for injuries caused by their dogs and other pets. Animal bites and scratches can cause serious injuries and should not be taken lightly. Seek medical attention immediately, especially if the animal might have rabies.
  • Bike accidents: Bicyclists often share the roads with cars, which puts them at risk of collisions with negligent drivers. Note that drivers owe the same duty of care to bicyclists as they do to other drivers. Everyone on the road has a duty to drive safely.
  • Pedestrian accidents: Pedestrians, too, are in danger of being struck by negligent drivers. They are owed the same duty of care by drivers, bicyclists, and anyone on the road. Remember that pedestrians always have the right of way.
  • Defamation: Someone who makes a false statement that harms another person may be guilty of defamation and liable for damages to that person’s reputation. Written defamation is called libel, and spoken defamation is called slander.

The deadline for filing most personal injury lawsuits in Washington is three years from the date of the accident, including negligence and product liability claims (this timeline also applies to wrongful death lawsuits). However, defamation, assault, and battery claims must be brought within two years.

Contact Us Today

Contact one of our experienced personal injury attorneys today for a free consultation if you were injured in a car or slip-and-fall accident, by a defective product or dog bite, or any other incident potentially caused by someone else’s negligence. Our experienced attorneys will examine the facts of your case and help recover compensation for your injuries, including medical expenses, lost wages, and pain and suffering.