The Seattle Personal Injury Blog
Posted Thursday, March 1, 2018 by
Chris Thayer
It is important for personal injury and wrongful death plaintiffs to be aware of the legal tools that may be used to defeat their claims. One such tool is the “motion to dismiss.”
What is a Motion to Dismiss?
A motion to dismiss is fairly straightforward. It is a formal request for the court to dismiss, or reject, a lawsuit or a particular claim within a lawsuit.
The litigation process begins once the plaintiff files a complaint and it is served upon the defendant. The defendant then has 20 days to “answer” the complaint, either by filing a formal response or by filing a motion to dismiss.
There are many reasons a court may agree to dismiss a claim or lawsuit. Those reasons include:
- The court lacks jurisdiction (the legal authority) to make a decision in the case. For example, state courts do not always have the authority to decide questions of federal law.
- Insufficient process. If there is something wrong with the content of the summons or complaint, then the court may dismiss the case. For example, the summons and complaint must name the right defendant.
- Insufficient service of process. There are specific rules that must be followed in “serving” the defendant with the summons and complaint. If those rules are not followed, then the defendant may file a motion to dismiss.
- Failure to state a claim upon which relief can be granted. This challenges the legal sufficiency of the plaintiff’s complaint. In other words, if you do not have a viable personal injury or wrongful death claim, then the court may dismiss your case.
An experienced attorney can help you defend against a motion to dismiss your personal injury or wrongful death lawsuit.
*Court Rejects Motion to Dismiss Wrongful Death Case Against Seattle*In June 2017, two Seattle police officers shot and killed 30-year-old Charleena Lyles after responding to a 911 call at her apartment. Her family filed a wrongful death lawsuit against the officers and the city, alleging that the shooting could have been avoided.
The officers and city filed a motion to dismiss the lawsuit, arguing that there was no basis for the family’s claims. The court granted the motion in part, but allowed the family’s negligence claim to proceed. This means that the family can continue to argue that the officers’ negligent conduct caused their loved one’s death.
*Filing a Damages Claim Against Seattle*Here are a few things you need to know about filing a lawsuit against the city. The first step is filing an official claim for damages with the City Clerk. The form must be filed within the applicable statute of limitations, which varies depending on the specifics of your claim.
The claimant may also submit supporting evidence, such as receipts and photos. After the City Clerk receives your claim, it will be sent to the Risk Management Office. A claims adjuster will investigate and recommend a resolution. Options include paying the claimant a sum of money, transferring the claim to another entity, or denying the claim altogether.
Claims typically take about 60 days to resolve, but more complicated cases can take longer. If the city denies your claim then litigation might be your next option. An experienced attorney can help determine your best course of action.
*Contact Us Today*Contact one of our personal injury attorneys today for a free consultation if you or a loved one have been injured or killed because of municipal negligence or misconduct. Our experienced attorneys will guide you through the litigation process and help recover the compensation that you deserve, including medical expenses and pain and suffering.
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Posted Friday, February 23, 2018 by
Chris Thayer
Aggressive driving, also called road rage, is a serious problem in the United States. We all know it when we see it - tailgating, cutting another driver off, obscene hand gestures, etc. In fact, aggressive behaviors such as these account for two-thirds of all traffic fatalities, according to the National Highway Traffic Safety Administration.
Road Rage Incidents in Washington
In June 2017, a Subaru driver was stuck in traffic on Highway 516 outside of Kent. According to the Washington State Patrol, she became frustrated when several drivers illegally passed her on the shoulder. She herself moved partially onto the shoulder as a Jeep Cherokee approached. The Jeep moved farther over on the shoulder to avoid the Subaru, but she then intentionally struck the Jeep multiple times, according to police.
While both drivers received tickets, the Subaru driver’s reaction is a clear example of road rage.
In December 2017, a 20-year-old Jeep driver died in what the Washington State Patrol described as an 
. Witnesses told police she was cut off by a red pickup truck while driving north on Interstate-5. The Jeep driver lost control of her vehicle and crashed into the center divider. Her side of the car was smashed in. A 25-year-old passenger sustained minor injuries.
More and more road rage incidents involve guns, according to a 2017 report released by a nonprofit news organization. One such incident recently occurred on Interstate-5 at the border between King and Pierce counties. According to the Washington State Patrol, a woman driving a motorcycle and a man driving a car pulled over into the left lane and got into a physical fight. The motorcyclist pulled out a gun and shot the other driver. He died at the scene.
Were You Injured by an Aggressive Driver?
You are entitled to compensation for your injuries if you were injured by an aggressive driver in Washington. You only have three years from the date of the accident to file a personal injury lawsuit. Be sure to consult with an experienced attorney as soon as possible, but always seek medical attention first.
Also, keep in mind 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. For example, if the jury determines that you were 20% at fault, you will only recover 80% of the damages.
Washington also does not place a cap on the amount of damages that you can receive. This includes compensation for noneconomic damages, like pain and suffering. (Economic damages are easily quantifiable, like medical expenses, while noneconomic damages are more subjective.) An experienced compensation can help recover the compensation that you deserve.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if you were injured by an aggressive driver. Our experienced attorneys will help you recover compensation for your injuries, including medical expenses, property damage, lost wages, and pain and suffering.
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Posted Friday, February 16, 2018 by
Chris Thayer
Personal injury victims who do not win at trial still have legal options. Here are a few remedies we can try to ensure you receive the compensation that you deserve, even if you do not initially succeed at trial:
File a Motion for Reconsideration or for a New Trial
You have 10 days after the court issues its decision to file a motion for reconsideration or for a new trial. This motion must explain why the court should reach a different decision. Common reasons courts will reconsider a prior decision or grant a new trial include:
- Irregularity in the proceedings (like some kind of procedural mistake) that prevented the plaintiff from having a fair trial.
- Jury misconduct.
- Newly discovered evidence that “the party could not with reasonable diligence have discovered and produced at trial.”
- Inadequate damages that suggest the jury or judge was prejudiced toward the plaintiff.
- An obvious error in how damages were assessed.
- “That there is no evidence or reasonable inference from the evidence to justify the verdict or the decision, or that it is contrary to law.”
Of course, these are not the only reasons for granting a new trial or reconsidering a prior judgment. An experienced attorney will help you present your best case for making this request.
File a Motion to Alter or Amend the Judgment
As with a motion for reconsideration or for a new trial, you have 10 days after the court issues its decision to file a motion to alter or amend the judgment. You can also include this motion with your new trial or reconsideration request. This tactic is often used in non-jury trials, like when the case is decided on a motion for summary judgment. (A summary judgment motion asserts that there are no factual disputes requiring jury input and asks the judge to apply the law to the facts and decide the case.)
An experienced attorney can help you understand when to file a particular motion and why.
File an Appeal
Another option is asking an appeals court to review the trial court’s decision. Here are a few rules to keep in mind before filing an appeal in Washington:
- You have 30 days after the court issues its decision to file a notice of appeal with the trial court.
- You can only appeal final judgments. An experienced attorney will help you determine whether the court’s decision is eligible for appeal.
- You must identify the grounds for appeal. In other words, what did the trial court get wrong?
- If the appeals court takes the case, both parties must file briefs setting forth the reasons the court should affirm or reverse the trial court’s decision.
- The court will then hear oral argument from both sides. Note that there is not a jury in an appellate proceeding.
- The appeals court will then decide whether to affirm or reverse.
You still have legal options if you lose the appeal. An experienced attorney will help you determine how to proceed.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if you were injured by a negligent act. Our experienced attorneys will guide you through the litigation process, including what to do if you do not initially succeed at trial. You deserve to be compensated for your injuries.
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Posted Friday, February 9, 2018 by
Chris Thayer
You were injured in a car accident, or when you slipped and fell on a slippery substance at a department store, or when a restaurant served you undercooked meat, or by any other negligent act. You filed a personal injury lawsuit, and the court agreed that the other party acted negligently and that you are entitled to a specific amount of damages.
That is great news! So, what happens now? The negligent party (now called the debtor) might drag his or her heels in fulfilling the debt. In fact, he or she might not want to pay you anything. What are your options if you find yourself faced with an intransigent debtor?
Entry of Judgment
A creditor (the person who received a favorable judgment) has 10 years from entry of judgment to collect or enforce that judgment. When the judgment is “entered” depends on the court. For example, a superior court judgment is “entered” when it is delivered to the clerk’s office for filing, and a district court judgment is “entered” on the date of entry of judgment in the court docket. An experienced attorney can help you understand these semantics and what rule applies in your case.
There are several ways to collect a personal injury judgment. Two popular collection methods are by a writ of garnishment and by obtaining a judgment lien.
Writ of Garnishment
Garnishment entitles the creditor to take proceeds that belong to the debtor. This usually happens by garnishing the wages paid by an employer to the debtor or by garnishing proceeds in the debtor’s bank account. The county clerk issues the writ of garnishment and sends it to the employer, financial institution or other relevant entity, usually within five days of the entry of judgment.
An experienced attorney can help you find out where the debtor works or banks. If the debtor is not forthcoming with that information, then we can petition the court to intercede. *Judgment Lien*
A judgment lien entitles the creditor to proceeds from the sale of the debtor’s property. Washington law only permits judgment liens on real estate owned by the debtor, like land or a house. Other states permit liens on personal property like art and jewelry. The judgment lien attaches to the real estate for 10 years, even if the property changes hands.
Keep in mind that other creditors may also try to garnish the debtor’s wages or attach a lien to his or her property. There are also certain exemptions to contend with. For example, you can not deprive the debtor of a place to live or take every last cent he or she owns. Collecting a judgment can be complicated, which is why you need an experienced attorney on your side.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if you were injured by a negligent act. Our experienced attorneys will examine the facts of your case and help determine your best legal options. We will then guide you through the litigation process, including how to collect on a favorable judgment. You deserve to be compensated for your injuries.
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Posted Friday, February 2, 2018 by
Chris Thayer
On his second day of work for a landscaping company in 2014, 19-year-old Bradley Hogue died when he got caught in the augur of a bark-blower truck. Pacific Topsoils pleaded guilty to violating worker safety regulations and received a $100,000 fine, which is the maximum penalty under Washington law. The state Department of Labor and Industries also agreed to lower the fine it originally imposed on the company in 2014 from $199,000 to $100,000.
But what about the Hogue family?
The 19-year-old was not married, and he did not have any children. Neither his parents nor his siblings were financially dependent on him. Under those circumstances, Washington law does not permit a family to file a wrongful death lawsuit.
Washington is one of only three states that does not allow financially independent parents to file wrongful death claims on behalf of adult children. Lawmakers and advocacy groups hope to change this law so that families like the Hogues can seek the compensation they deserve.
Filing a Wrongful Death Claim in Washington
Under current law, certain family members may file a wrongful death lawsuit against anyone whose negligence or wrongful act results in their loved one’s death. Eligible survivors are:
- The personal representative of the decedent’s estate;
- The decedent’s spouse or registered domestic partner;
- The decedent’s children or stepchildren; or
- If the decedent was not married or did not have any children, parents or siblings who were financially dependent on the decedent.
The statute of limitations (time limit) for filing a wrongful death claim in Washington is three years from the date of the death.
Eligible survivors may seek the following damages:
- The decedent’s final medical bills and funeral and burial expenses;
- Lost wages that the decedent likely would have earned throughout his or her lifetime;
- Pain and suffering that the decedent experienced;
- Loss of care, companionship and other noneconomic damages; and
- Any relevant property damage costs
Proposed Changes to Washington’s Wrongful Death Law
There are currently two companion bills pending in the state House and Senate that would allow parents to file a wrongful death claim on behalf of an adult child who is not married and does not have any children, whether or not they were financially dependent on that child. The legislation would also, among other provisions, allow out-of-state parents to file claims for adult children who are killed in Washington.
There is still a long way to go before this bill could become law. It is currently under committee review in both chambers. The bill would then have to be considered by the full legislative chambers. If it passes both the House and Senate, any differences would have to be reconciled before making its way to the governor’s desk for signature or veto.
Our attorneys will keep abreast of any developments that affect your rights under the law.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if your loved one was killed because of another person’s negligence or wrongful act. Our experienced attorneys will help recover the fullest extent of compensation to which you are entitled under Washington law, including medical costs, funeral and burial expenses, lost wages, and other related damages.
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