The Seattle Personal Injury Blog
Posted Thursday, March 19, 2015 by
Chris Thayer
Voir dire is the process that allows a car accident lawyer Seattle to find out potential jurors’ opinions on subjects related to the case. It also allows an attorney to strike jurors from the potential jury. A car accident lawyer Seattle may ask prospective jurors about their opinions related to soft-tissue injuries like whiplash. He or she may also ask jurors about personal injury claims, personal injury attorneys, frivolous lawsuits and the credibility of certain claims. These questions can help the attorney isolate individuals biased against his or her client. For more information on potential jury questions, contact Chris Thayer at (206) 340-2008.
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Posted Saturday, March 14, 2015 by
Chris Thayer
The facts of your slip and fall case will dictate the focus your Seattle slip and fall attorney will take when arguing the merits of your claim. Negligence is a major component of many slip and fall accidents.
Negligence Defined
For the purposes of a personal injury claim, negligence refers to the lack of reasonable care used to ensure that a premises is safe. Reasonable care refers to the care that a reasonable person would be expected to take in the given situation. The defendant in a slip and fall negligence case may be an individual or entity, such as a supermarket. If, for instance, you are injured in a slip and fall due to a spill that was not cleaned up in the supermarket, the manager or store would be liable if adequate time had elapsed for the spill to be cleaned up.
Elements Leading to a Slip and Fall Negligence Claim
Your injury lawyer in Seattle will discuss your case with you and determine which elements best support your claim. A negligence claim may occur in a number of ways, including:
- Failure to properly inspect the premises
- Failure to determine that a condition is unsafe and correct it
- Violations of building codes or governmental regulations pertaining to such matters as constructing or maintaining the premises
- Failure to make sure that the premises is free of obstructions or objects that create risk of injury
- Lack of training of staff in the operation and maintenance of the premises
- Failure to notify customers of unsafe conditions that exist
- Failure to repair and maintain equipment and appliances, the result of which could reasonably lead to injury
If a condition is likely to occur on a regular basis, such as stocking, that can cause a dangerous situation, failure to conduct this at a time or in a way that removes the said danger
It is important to keep in mind that you cannot sue a person or entity on the basis of a potential for injury. An injury accident must have occurred. In other words, as plaintiff you must have suffered some sort of loss as a result of the slip and fall accident.
For Further Information or Assistance with a Slip and Fall Accident
Slip and fall accident claims can involve complex information, and as such it may be in your best interests to work with a Seattle slip and fall attorney if you have been injured. Contact Chris Thayer today.
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Posted Monday, March 9, 2015 by
Chris Thayer
A Seattle Accident Attorney Discusses Cases that Cannot be Settled
Although it is true that the vast majority of accident cases settle without the need for litigation, the facts and circumstances surrounding certain cases point to the inevitability that resolution will take place in a courtroom. Experienced Seattle accident attorneys understand the typical reasons why this may be necessary.
Initial Considerations
Most often, prior to the point in time when filing a lawsuit may be the only option, negotiations between counsel for the injured party and the insurer for the party responsible for the accident have been taking place. If a lawsuit is filed, the case will be brought against the responsible party, not the insurer. However, if the claim is based on an uninsured or underinsured motorist, the insurance company itself may be a named defendant.
Strategic Considerations
Knowledgeable counsel knows who the insurance company is and how they operate. Some companies play a waiting game but will ultimately bring a strong settlement offer. There are, however, several reasons why the parties are too far apart to settle.
Factors Leading to Litigation
Liability is in dispute; if the insurer does not believe their insured is liable or that another party shares some liability, this may need to be resolved at trial.
- The valuation of the case: both sides make an assessment as to what a case is worth. Insurance companies often resort to some formulation based on past cases while plaintiff’s counsel bases the demand more on actual damages. If the parties are significantly far apart, settlement is difficult.
- Company policy; certain insurance companies push a certain percentage of cases to trial to demonstrate their resolve not to automatically write a settlement check.
- Doubtful injuries: if the insurer has reason to believe the injuries claimed are exaggerated in any way, it may force the plaintiff to prove those injuries in court.
- Inexperienced counsel: insurers know the attorneys. If they suspect they can drag the case out and force acceptance of a low offer, they will do so.
Contact Seattle Accident Attorneys for Legal Advice
Understanding how insurance companies play the game is a major factor in arriving at a fair and equitable resolution in an accident case. For any questions on your case, call Chris Thayer at (206) 340-2008.
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Posted Wednesday, March 4, 2015 by
Chris Thayer
If you have been injured in an accident and have a claim pending, once it is clear that the defendant’s insurance company is unwilling to negotiate fair compensation you and your personal injury attorney in Seattle may decide to take the case to trial. A natural question for anyone in such a situation is when the case will actually be heard. Unfortunately, as will be seen, this is not an easy question to answer.
Factors Affecting When the Case Will Be Heard in Court
Your personal injury lawyers Seattle will explain the process to you, and give you a rough estimate of when you can expect the case to go to trial. In some cases it can take less than a year. However, in some jurisdictions the wait may be several years. The following factors will affect when your case will get before a jury:
- The number of judges that are available in your jurisdiction to hear personal injury trials.
- The number and types of cases already on the court calendar. It is important to keep in mind that certain criminal trials may take precedent, depending upon the nature of the court calendar in your jurisdiction.
- The availability of the lawyers involved. Lawyers typically work on a number of cases at once, and their own availability may be limited.
- Whether all the preliminary matters have been completed in your case, such as discovery, depositions, and interrogatories.
Get Ready and Wait
Generally speaking, your case will be placed on the court calendar months in advance of the actual trial. Therefore, you should have plenty of notice in order to be prepared. Indeed, a trial is sometimes delayed, perhaps several times, before it is actually heard. This is because the court calendars more cases than it can usually hear in a given month. Ultimately, for you this means that, as difficult as it may be, you will need to exercise patience.
What to Do if You Are Injured in an Accident
If another person or entity is at fault for an accident in which you were injured, you have a potential to be able to gain compensation. It is important to work with a personal injury attorney in Seattle, especially if your case goes to trial. Call Chris Thayer today to arrange a consultation at (206) 340-2008.
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Posted Monday, February 23, 2015 by
Chris Thayer
Dog bite attacks are surprisingly frequent and can result in great damage. If you’ve been injured by a dog, watch this video to understand the three steps you need to take.
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