| In my practice I frequently get the same basic | | | | at least $150 per hour. Most insurance companies are |
| questions from potential new clients. | | | | reasonable when it comes to settling property |
| Question: Do I have a case? | | | | damage claims which means you probably can settle |
| Answer: This is a difficult question to answer without | | | | your claim by yourself. |
| knowing all of the facts and circumstances involved. | | | | Question: I'm confused about the different types of |
| The success of a case will depend on the specific | | | | coverage listed on my automobile insurance policy -- |
| facts involved and the laws of the jurisdiction or | | | | what exactly is BI, UM and PIP coverage? |
| region where the incident occurred. Generally, if you | | | | Answer: BI stands for 'bodily injury .' This type of |
| can show that the party responsible for your injuries | | | | coverage will pay claims for injury you negligently |
| violated some duty of care (e.g., causing a collision or | | | | cause to another as a result of the use of your |
| making a dangerous product), then you probably | | | | vehicle. Washington state law requires that every |
| have a claim against that party for the amount of | | | | driver carry insurance for bodily injury with policy |
| damages you have sustained. If you think you have | | | | limits of at least $25,000. UM stands for 'uninsured |
| a claim in the state of Washington and want some | | | | motorist' or 'underinsured motorist .' If you are injured |
| feedback, you can send me an email directly by filling | | | | by a negligent driver who does not have liability |
| in the Case Feedback form. Due to the large volume | | | | insurance (or inadequate liability insurance), you may |
| of messages, it may take a few days to respond. | | | | make a claim with your own insurance carrier if you |
| Question: How much is my case worth? | | | | have UM coverage. When you make a UM claim, your |
| Answer: There is no magic formula or process by | | | | insurance carrier "stands in the shoes" of the |
| which an attorney can predict with certainty the | | | | negligent driver and is permitted to assert all |
| amount of money a person is entitled to receive, | | | | defenses that this driver may have had against you |
| especially where damages are awarded for | | | | (e.g., comparative fault, excessive medical treatment, |
| subjective elements called 'pain and suffering' and | | | | etc.). |
| 'loss of enjoyment of life.' However, our office will | | | | PIP stands for 'personal injury protection .' PIP pays |
| usually have a pretty good idea of a reasonable | | | | for your reasonable and necessary medical expenses, |
| settlement range after your medical condition has | | | | regardless of who is at fault for the collision. Although |
| stabilized. We rely on such factors as the extent and | | | | the law does not require that you carry UM and PIP |
| permanency of your injuries, the effect your injuries | | | | coverage, insurance companies must offer these |
| have had on your life, the amount and duration of | | | | types of coverages to you. If you choose to reject |
| your medical treatment, prior jury verdicts and/or | | | | UM and PIP coverage, your insurance company must |
| arbitration awards received for similar injuries and my | | | | record your rejection in writing. An insurance |
| experience. Ultimately, the value of any given case is | | | | company's failure to obtain your written rejection of |
| determined by the jury's verdict after a trial on the | | | | UM or PIP coverage prevents the carrier from |
| merits. | | | | denying the claim, even if you didn't specifically pay |
| Question: How much do you charge? | | | | for this type of coverage. |
| Answer: Our fee is contingent on the outcome of | | | | Question: What happens if I was injured in a collision |
| your case. That is, if a recovery is obtained for you, | | | | caused by an uninsured driver? |
| our fee is a percentage (usually one-third) of the | | | | Answer: You may have a claim for UM benefits under |
| amount collected. No attorney fees will be paid if | | | | your own policy. If you make a UM claim, your own |
| there is no recovery. However, the law requires that | | | | carrier has the right to use all defenses that the |
| a client is ultimately responsible for the costs incurred. | | | | other driver may have had against you. A UM claim |
| In most cases, our office will advance all costs | | | | essentially creates an adversarial relationship between |
| necessary to pursue your claim so you will not have | | | | you and your own insurance carrier. Thus, it may be |
| to pay any money up front. Costs are then paid out | | | | wise to retain experienced counsel when asserting a |
| of the recovery at the conclusion of your case. | | | | UM claim. As can be expected, your own carrier will |
| Question: What if I wasn't injured but I sustained | | | | NOT be looking out for your interests (even though |
| damage to my car or other personal property? | | | | you are its own insured!). Instead, your carrier will be |
| Answer: As a personal injury law office, we only | | | | looking for ways to pay out as little money as |
| accept cases where the individual has sustained | | | | possible. In the event you do not have UM coverage, |
| injury. This is because our fee is a percentage of the | | | | you may have no other practical means of obtaining |
| recovery obtained on behalf of the injured claimant. | | | | compensation for your injuries. This is why you |
| Most property damage claims cannot be pursued | | | | should always carry UM coverage, preferably with |
| economically by an attorney where he or she is | | | | limits of at least $100,000. |
| forced to charge you an hourly rate, which is often | | | | |