The Seattle Personal Injury Blog
Posted Thursday, May 14, 2015 by
Chris Thayer
When you decide to consult an injury lawyer Seattle for your mental injury case, be aware that the lawyer might advise you that your case is not a viable one. There are certain difficulties regarding mental injury cases you should understand.
Psychological injury cases are risky for both the plaintiff and for the plaintiff’s lawyer. They take a large emotional toll on the plaintiff, are expensive, and may still result in a loss or a minimal settlement. There is no guarantee of victory. The primary question that any lawyer you consult will ask is, are you likely to be in a better or worse position at the end of this case than at the beginning.
If the attorney turns down your case, it is because he or she thinks that the stress of litigation is likely to result in severe emotional stress for you, or that the case is likely to leave you in a precarious financial position. This might make you feel dejected and hopeless, but keep in mind that it not your attorney’s job, nor is it the purpose of the case, to get you treatment for your mental injury. That is the job of qualified medical professionals. Instead, your attorney must make the decision as to whether pursuing litigation is likely to result in a good outcome.
How is litigation stressful?
If your case goes to litigation, the defense attorney will be able to order invasive discovery and demand you answer intrusive questions for the case. You will have to make time for a deposition. If you are still suffering from a mental injury, this might be an added stressor on your emotions.
Contact Injury Lawyers Seattle
For more information on how to pursue a mental injury case and what you can expect, contact an injury lawyer Seattle. Call Chris Thayer at (866) 884-2417.
Permalink to this entry
Posted Sunday, May 3, 2015 by
Chris Thayer
While a deposition is made outside of court, it has the importance of in-court testimony. As such, it is important to be careful of what you say and do while being deposed. Your Seattle accident attorneys may help you prepare, but the following provides an overview of what you need to remember during this key time.
What You Should Do during the Deposition
Your deposition can have a major impact on your case. For this reason, you need to take care to act appropriately. Your accident attorneys Seattle will be present during the deposition, and a court reporter will take down the proceedings. The following are things you should do:
- Dress in appropriate attire. This is especially important if the deposition is videotaped.
- Be thoughtful in your answers. Give yourself time to think before answering.
- Answer all questions fully but simply. Don’t include elements of the answer you aren’t asked. Answer simply with “yes,” “no,” and “I don’t know” when appropriate.
- Make sure to tell the truth. Do not lie, for this can damage your case later if your lie is discovered, which almost surely it will.
- Ask for a break when you need it. The deposition may take several hours, and you have a right to take a break if you need to do so.
What You Should Not Do during the Deposition
There are certain things you need to make sure to avoid doing as well. Among these are:
- Do not volunteer any information. Limit your answers to what is asked and no more.
- Don’t argue with the attorney. The defendant’s attorney may ask questions to try to get under your skin. Don’t argue with him if he does this.
- Do not discuss your case with others during a break. If you take a break it is very important that you avoid discussing facts pertinent to the case with family members and loved ones.
- Don’t answer questions if you don’t know the answer. Instead, simply state that you don’t know or don’t remember.
Obtain an Attorney to Represent You
Personal injury cases can be very complicated, and you should strongly consider hiring Seattle accident attorneys who have the experience and knowledge to provide you with effective representation. Call Chris Thayer today at (866) 884-2417.
Permalink to this entry
Posted Thursday, April 30, 2015 by
Chris Thayer
In Washington State, punitive damages are relatively rare, and are only awarded under specific statutes. This includes Consumer Protection Actions. Washington State also authorizes punitive damages under the Insurance Fair Conduct Act. In a recent case by the U.S. Tax Court, it appears that the punitive damage awards in a bad faith case, might be subject to income taxation.
In Gary L. Greenberg and Irene Greenberg v. Commissioner of Internal Revenue, No. 25420-07. (U.S.T.C. 01/24/2011) the United States Tax Court held that the recipient of insurance bad faith punitive damages were taxable income. The court noted:
The definition of gross income under section 61(a) broadly encompasses any accession to a taxpayer’s wealth. [Commissioner v. Schleier, 515 U.S. 323, 327-328 (1995).] Therefore, absent an exception by another statutory provision, damage awards from a lawsuit must be included in gross income.
The court noted that the definition of gross income broadly encompasses any addition to a taxpayer’s wealth. Therefore, absent an exception by another statutory provision, damage awards from a lawsuit must be included in gross income.
Before drawing too many conclusions from this case, a plaintiff should consult with their own lawyer and a CPA - as the result may not be binding in WA and is likely limited to its specific facts.
Permalink to this entry
Posted Wednesday, April 29, 2015 by
Chris Thayer
A Seattle slip and fall attorney can explain that the following aspects of a case must be present to recover for slipping on a sidewalk.
Known Injury
You should be able to identify when you were injured and where the accident occurred.
Defect
Generally, there must be some kind of defect that caused the slip and fall. It is unrealistic to expect government entities to quickly repair sidewalks for every small crack. Differences in height of a quarter-inch or less will likely not be considered a defect.
Legal Assistance
If you would like more information on sidewalk slip and falls, contact Seattle slip and fall attorney Chris Thayer by calling (866) 884-24
Permalink to this entry
Posted Wednesday, April 29, 2015 by
Chris Thayer
Judge Paves Way For Deepwater Personal Injury Jury Trials
A Louisiana federal judge concluded Monday that a plaintiff in ongoing medical benefits class action over the BP Deepwater Horizon disaster is entitled to a jury, setting the stage for BP to potentially face thousands of jury trials involving personal injury claims by residents of the Louisiana and perhaps other states in the Gulf Coast.
U.S. District Judge Carl J. Barbier found that a 2012 medical benefits settlement provided to some injured parties did not preclude claimants filing so-called back-end litigation option — which enables class members with physical conditions that manifested after April 2012 to file their own separate suit in certain cases.
Permalink to this entry
