Posts by spencerparr

Personal Injury Attorney in Washington state

How The ‘Made Whole Doctrine’ Affects Personal Injury Subrogation Cases In Washington

July 7th, 2019 Posted by Personal Injury 0 comments on “How The ‘Made Whole Doctrine’ Affects Personal Injury Subrogation Cases In Washington”

What is right of subrogation?

Often times in personal injury matters an insurance company gains a right of subrogation.  This is the right to either stand in the shoes of their insured and sue the at-fault party who is responsible for the insurance company’s losses or receive a portion of the proceeds to cover their settlement if the insured sues the at-fault party directly and wins. The problem becomes that in some instances, insurance companies have attempted to put their own subrogation interests ahead of the insured’s interests in achieving a full financial recovery.

Washington state’s Made Whole Doctrine generally establishes the priority for the interests of insured individuals where there is conflict with the interests of their own insurance company.  In Thiringer v. American Motor Insurance Co., the Washington Supreme Court articulated the Made Whole Doctrine as a general rule as follows:

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Police Brutality Attorney in Washington State

I’ve Suffered Police Brutality; Do I Have A Case?

June 13th, 2019 Posted by Abuse, Personal Injury 0 comments on “I’ve Suffered Police Brutality; Do I Have A Case?”

Do I Have A Police Brutality Case?

Beltran-Serrano v. City of Tacoma, No 95062-8, was decided by the Washington Supreme Court on June 13, 2019.  The decision holds that a police officer’s use of deadly force may be actionable both under a negligence theory relating to the circumstances leading up to a police shooting and under an intentional tort theory based on the officer’s decision to actually pull the trigger.  In such cases, plaintiffs must remain aware of Washington civil procedure, including CR 8(e)(2), which allows the plaintiff to plead “as many separate claims or defenses as the party has regardless of consistency.”  A plaintiff must therefore plead both theories when attempting to sue a police officer or municipality for unlawful use of force.

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Injured at Western State Psychiatric Hospital? Contact Washington Law Center

Injured At Western State Psychiatric Hospital?

March 15th, 2019 Posted by Labor & Industries, Personal Injury 0 comments on “Injured At Western State Psychiatric Hospital?”

If you’re from the Pacific Northwest chances are you’ve heard of Western State Hospital, located in Lakewood, Washington. Western State, as it’s often referred to, began in 1870 as one of the first mental health facilities in our state and was the main facility servicing McNeil Correctional Facility.
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Custodial Guardian After A L&I Work Injury

Who qualifies as a custodial parent under the Industrial Insurance Act?

February 25th, 2019 Posted by Labor & Industries 0 comments on “Who qualifies as a custodial parent under the Industrial Insurance Act?”

Washington Law Center is once again fighting a case with huge legal ramifications.  In Re: Lilia Lacy is a case set to determine whether or not a biological grandparent who is injured at work at the time they exercise de facto legal custody of their biological grandchild is therefore entitled to receive increased workers’ compensation benefits paid on behalf of that dependent grandchild.  The State of Washington, Department of Labor & Industries has taken the position that only a biological parent or other person in possession of a court-issued custody decree can qualify to receive dependent child benefits under the Industrial Insurance Act.

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L&I For Independent Contractors

My Employer Calls Me an Independent Contractor. Am I Covered Under L&I?

January 7th, 2019 Posted by Labor & Industries 0 comments on “My Employer Calls Me an Independent Contractor. Am I Covered Under L&I?”

It’s not uncommon for 1099 workers to experience an on the job injury.  Unsurprisingly, it is common for employers and insurance defense interests to then lean on the 1099 document or tax filing status to erroneously claim that the injured worker is ineligible for Industrial Insurance Act (workers’ compensation) coverage.  Because the error rate by employers is so high in making that claim, even if you’re working as a so-called “independent contractor,” you should ask your doctor to file an L&I claim on your behalf. This will trigger a more thorough and thoughtful analysis, which you can then compare to the information provided here or with a free, no obligation consultation with one of our dedicated Washington Law Center L&I attorneys.

 

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