The Seattle Personal Injury Blog
Posted Tuesday, December 8, 2015 by
Chris Thayer
A West Seattle Personal Injury Attorney on the Difficulties Associated with Proving Pain
In certain extreme examples where a plaintiff’s injuries are severe, the level of pain is less of a contested issue than in other cases. However, where the doctor testifying for the defense acknowledges you should be suffering some pain but raises doubt as to the severity you claim, your attorney needs to establish the legitimacy of your allegations.
Pain is Subjective
Unlike certain damages in a personal injury case, such as medical bills or lost wages, compensation for pain and suffering is difficult to measure. Consequently, the defense doctor may conclude that the amount, frequency or intensity of the pain you claim is out of proportion to the injuries you sustained. However, there is no definitive medically accepted way to measure pain, and it is indeed subjective; only you know how you feel.
Lack of Proof for the Defense Doctor’s Assertions
If your attorney can demonstrate a lack of proof for the defense doctor’s assertions that your pain is not as bad as you claim, this can work to your advantage. One technique is to ask the doctor if he or she researched the question of how much pain the exact injury you sustained typically causes. Since pain cannot be quantified in this manner, it is very likely no such research exists. Another technique is to ask the doctor, for example, how much pain is likely to be present on a scale of one to ten. Whatever the answer, a follow-up question should query whether the pain is less at times. The doctor will almost certainly answer in the affirmative. Your attorney can then suggest if that is so, then is it just as likely that the pain is sometimes greater; the doctor will be hard pressed to disagree without seeming to be contradictory and therefore less credible.
Contact a West Seattle Personal Injury Attorney for Legal Advice
Damages for pain and suffering can be more difficult to prove but are an important component of personal injury compensation. To maximize your recovery, call Chris Thayer, Seattle injury lawyers group, at (866) 884-2417.
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Posted Tuesday, December 1, 2015 by
Chris Thayer
An Accident Lawyer Seattle WA on what to Expect when You File a Lawsuit
Initially, after you have been injured in an accident, your attorney will be negotiating with the insurance company representing the person whose negligent act caused you to suffer a loss. If the matter cannot be settled to your satisfaction at this stage, it may become necessary to file a lawsuit. Summons and Complaint This is the formal paperwork necessary to begin a legal action. After a thorough investigation of the facts, your attorney will prepare the Summons and Complaint, serve it on the other party, now known as the defendant, and file it with the court. As the party alleging damages, the burden of proof is on you, the plaintiff.
Answer to the Complaint
The Answer is a formal response made by the defendant’s legal representative, who is a lawyer retained by the insurance company. Typically, it will deny liability, deny the extent of injuries you claim or suggest some other party was either partially or fully responsible.
Discovery
Discovery is a process conducted before a trial that allows both parties to learn what the other side has in terms of information regarding the case. It is designed to narrow the issues to be determined in court. During the Summons and Complaint and Answer phases, your attorney handles the process with little participation from you; discovery, however, requires your involvement. Among the types of discovery your case may require are:
Written interrogatories that require written answers
- Oral depositions, which is testimony given under oath in response to questions from the lawyers in the case
- Requests for production of documents
- Requests for admissions
Pretrial Procedures
Additionally, your attorney will continue to prepare for trial by interviewing witnesses, writing briefs and filing appropriate motions with the court.
Contact an Accident Lawyer Seattle WA for Legal Advice
Understanding the process a personal injury case involves is important; for questions at any stage of your case, call Chris Thayer, an accident lawyer Seattle WA, at (866) 884-2417.
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Posted Sunday, November 29, 2015 by
Chris Thayer
A Seattle Personal Injury Claim Attorney on How Adjusters Obtain Information on Your Claim
Insurance claims adjusters have heavy caseloads and voluminous amounts of paperwork coming across their desk every day. Many, however, feel the need to do more by conducting their own undercover operations to investigate the injured plaintiff.
Discrediting Your Claim
If the adjuster has any reason to suspect you are not injured as badly as you claim or are not injured at all, he or she will try to gather evidence to support that conjecture.
Sub Rosa Investigation
Sub rosa is a Latin term meaning “under the rose,” which was an ancient symbol of secrecy or privacy. Today, the term refers to surveillance conducted secretly. Photographs or video of a personal injury plaintiff performing an activity that he or she supposedly could not do because of the claimed injury can severely damage the claimant’s case.
Canvassing the Neighborhood
Although an adjuster will seldom seek the photographic evidence directly, many adjusters will visit the neighborhood of the claimant and speak with the neighbors. The adjuster will attempt to make this seem like a casual encounter and ask non-threatening questions, which attempt to reveal some contradiction in what the claimant has alleged. For instance, questions will focus on whether the neighbors:
- Were aware the plaintiff filed an injury claim
- Have observed the plaintiff doing yard work, shoveling snow or even taking out the garbage cans
- Have observed the plaintiff engaging in any sporting activities
Private Investigator
If the adjuster believes there is a possibility of fraud, a private investigator may be hired to follow the plaintiff.
Contact a Seattle Injury Lawyer for Legal Advice
Your conduct as the claimant in an injury claim plays a vital role in the case’s ultimate resolution. Learn what to do and what not to do. Call Chris Thayer, a Seattle personal injury claim attorney, at (866) 884-2417.
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Posted Monday, November 23, 2015 by
Chris Thayer
After a car accident, our Seattle car accident attorneys have found that juries ask the following nine questions.
- Were you obeying the laws?
- What was the weather like at the time of the accident?
- Were you distracted by outside factors, such as a phone call?
- Were you speeding?
- What is your driving history?
- Had you driven in this location before and at this time of day?
- How do other drivers at this location normally act?
- What type of injuries are you currently suffering from due to the accident?
- What type of pre-existing medical issues do you have?
If you need help preparing for a jury trial, contact Chris Thayer, one of our Seattle car accident attorneys, at (866) 884-2417.
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Posted Monday, November 16, 2015 by
Chris Thayer
A Personal Injury Attorney in Seattle on Providing an Accurate Record of Medical Bills
When the time comes in your personal injury case for your lawyer to discuss settlement with the defendant’s lawyer, one of the most important elements is the total of all your medical bills from all sources. Despite this, many claims are underpaid because of incomplete records.
Obtain a Medical Bill Each Time you Receive Care
Get a physical copy of the charges incurred for every service that is provided to you due to injuries related to your case. This includes hospital bills, doctor bills, lab tests, pharmacy bills, physical therapy and prescriptions.
Keep the Original and Send a Copy to Your Lawyer
Most lawyers arrange to have copies of your medical bills sent directly to their office, but it is highly recommended to send your own copies as well; at the very least, you are establishing a double-check system.
Create a Master List
Keep a record of each medical service on a master list to include the date, the provider, the type of service and the amount. Provide a copy of this list to your lawyer.
Third-Party Payers
If you have private health insurance or an employer sponsored plan, you must also obtain copies of any services that were paid on your behalf. Update Your Information It is not unusual for some time to pass between the onset of settlement negotiations and an agreement. Be certain to supplement your list and totals if you receive further treatment after you have submitted your records to your attorney.
Contact a Seattle Injury Lawyer for Legal Advice
You can assist your attorney in many ways as your injury claim proceeds. Learn how to maximize the value of your case. Call Chris Thayer, a personal injury attorney in Seattle, at (866) 884-2417.
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