Itâ€™s a sobering fact that statically you are nearly three times more likely to die while in jail than you are to die from a stroke. Thatâ€™s tragic, and for purposes of clarification, jail is defined as a sentence or confinement of less than one year.Â The Federal Bureau of Prison cites that the rate of jail deaths for incarcerated individuals is approximately 128 deaths per 100,000 inmates.
In January 2019, the Washington Supreme Court affirmed Floeting v. Group Health Cooperative, a 2017 decision finding that the Washington Law Against Discrimination (WLAD) provides protection against sexual harassment or abuse in places of public accommodation.Â
What is WLAD (Washington Law Against Discrimination)?
Simply put, an employer can be held directly liable when one of its employees or agents sexually harasses a customer, student, or patient. Previously, victims seeking to hold an employer liable would need to prove facts showing they negligently hired, supervised, or trained the employee; the employeeâ€™s past conduct made the misconduct foreseeable; the misconduct occurred while the employee was performing work duties; or the employer participated in the misconduct. The WLAD allows victims to bypass these all-too-often insurmountable hurdles.Â
July 7th, 2019 Posted by Spencer ParrPersonal 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.Â 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 companyâ€™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 insuredâ€™s interests in achieving a full financial recovery.
Washington stateâ€™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.Â In Thiringer v. American Motor Insurance Co., the Washington Supreme Court articulated the Made Whole Doctrine as a general rule as follows:
Beltran-Serrano v. City of Tacoma, No 95062-8, was decided by the Washington Supreme Court on June 13, 2019. Â The decision holds that a police officerâ€™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 officerâ€™s decision to actually pull the trigger. Â In such cases, plaintiffs must remain aware of Washington civil procedure, including CR 8(e)(2), which allows the plaintiff to plead â€śas many separate claims or defenses as the party has regardless of consistency.â€ť Â A plaintiff must therefore plead both theories when attempting to sue a police officer or municipality for unlawful use of force.
If you have been injured on the job you know how difficult it can be to feel heard. At times, your doctor doesnâ€™t seem to be listening anymore even after you followed all the instructions to get better. Why does it feel like he or she doesnâ€™t care anymore and what can you do to fix it?
Most doctors care deeply about their patients and want to do everything possible to help them heal and return to full-time employment. But doctors are human too, and their job has similarities to any other. After years of fighting with L&I, you can expect your doctor to get a little tired of filling out endless forms, dealing with their treatment guidelines, and having their suggestions being ignored or denied. So how can you help support your doctor and keep your L&I claim on track?