Posts tagged "Personal Injury Lawyer"

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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Do I need an IME for Personal Injury lawsuit?

IME For My Personal Injury Lawsuit – What’s The Purpose And Do I Need To Go?

May 15th, 2019 Posted by Auto Accidents, Personal Injury 0 comments on “IME For My Personal Injury Lawsuit – What’s The Purpose And Do I Need To Go?”

Do I need to go to an IME for my personal injury lawsuit?

You filed a lawsuit for your personal injury and now your attorney is asking when you’re available for an IME or independent medical examination. A natural first instinct is to question why you need to be examined by a doctor who does not know you or your medical history. Medical examinations are inherently personal and can be a bit intrusive. It’s reasonable for someone to have concerns about divulging their medical information to someone whom they are unfamiliar, so why is this happening?

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