Kirk Bernard

Driving while talking on the cell phone or worse, texting, has become one of the leading causes for car accidents in Seattle and elsewhere in Washington State. Talking on a handheld device or texting can be extremely dangerous because the driver must take his or her eyes or attention off the road for several seconds while completing those actions. Rear-end accidents are caused quite often as a result of drivers attempting to talk on their cell phones or text while on the road.

A study recently conducted by the Virginia Tech Transportation Institute, found that texting while driving increases the risk of a car accident by 23 times. The results of this study show conclusively that the real key to significantly improving safety on the road is keeping your eyes on the road. The same report also states that just before crashing, drivers spent nearly five seconds distracted from the road by their cell phones. At 55 mph, that time is enough to cover the length of an entire football field. It’s about time that the cell phone and texting laws are enacted in all states to deter distracted drivers.

The skilled car accident attorneys at the Bernard Law Group recently settled a case where a woman was rear-ended by a person who was talking on her cell phone. The victim, whom we represented, was unable to work for several weeks as a result of injuries she suffered in this car accident clearly caused by a negligent driver. At mediation, the victim settled her case for $40,000. In Washington State, a new law went into effect last year banning texting or talking on a cell phone without a hand-free device.

If you or a loved one has been injured in a Washington car accident caused by a distracted driver, please contact one of the experienced Seattle personal injury attorneys at the Bernard Law Group. Kirk Bernard and his legal team have a successful track record pursuing these negligent drivers and holding them accountable for their recklessness. Call us today for a free, comprehensive consultation and evaluation of your Washington car accident claim.

There are many steps that construction site workers in Washington can take to protect themselves from a construction site injury. One of the most important ways that both an employer and employee can prevent injuries and fatalities is by adhering to federal Occupational and Safety Health Administration (OSHA) safety standards. Employers are required by federal and state law to provide a safe and clean working environment for their employees. Typically, most construction sites, whether in Washington or elsewhere, are dangerous and contain potential hazards that can cause serious personal injury. Employees and employers must adhere to the requirements and safety guidelines so these accidents and tragedies can be prevented.

We recently settled a construction accident case on behalf of a worker for $160,000. In this particular case, a man was delivering lumber to a construction site. The project superintendent at the construction site tried to unsuccessfully unload the lumber from the delivery truck with a forklift. The delivery driver stood on top of the load and lifted it with his hands to help the forklift driver insert the forks under the load. At this time, the person who was operating the forklift struck the load with the forks and the delivery driver fell off the truck, landing on the ground and breaking his shoulder. In this particular case, the project superintendent allowed this unsafe situation to take place.

If you or a loved one has been injured in a Seattle construction accident and if you believe another person’s negligence or an unsafe work environment contributed to your injuries, you may be able to claim compensation. Please contact Kirk Bernard of the Bernard Law Group, who has the knowledge to handle these construction accident and worker’s compensation cases. Our skilled Seattle personal injury attorneys will make sure that you receive the compensation that you rightfully deserve.

When you become injured in any car accident, the first entity to deal with after you get out of the accident scene is your insurance company. Sometimes, things can go smoothly. But very often, your interaction with the insurance company turns into a battle where your rights as a consumer are jeopardized. If you are injured in a Washington auto accident, please remember that you have rights. There are ways in which you can protect yourself against and even beat – yes, beat – the insurance company. Here are a few tips on what you can do:

1. Identify all the witnesses so if your case goes to court, you have someone who will support or corroborate your account of the incident.
2. As much as possible, get contact information from all witnesses at the scene. Write down phrases and words people use such as “slammed into,” “plowed,” or “he ran the red light.” Never sign away your rights to any insurance adjuster who may be present at the scene of the accident.
3. Schedule a doctor’s appointment soon after the accident. Immediately after the accident, seek medical attention to make sure you get the treatment you need for your injuries.
4. Take pictures of your car at the accident scene so the facts become difficult to dispute. Take pictures of your injuries before you heal. When the insurance adjuster is arguing that your injuries are not severe or significant, a picture can say a thousand words.
5. Write down notes about your injuries. Make notes about how you felt each day, about what you could or could not do. Keep a journal with input from family members or even your employer describing how your injuries have affected your life.
6. Keep all receipts to show proof of your accident-related expenses when you file your claim. This includes medical bills, pharmaceutical bills, household services made necessary by your injuries, car rentals and anything else necessitated by your accident-related injuries.

What every car accident victim needs to realize and understand very well is this: The insurance company is not on your side. They don’t have your best interests at heart. Insurance companies aim to make as much as possible by giving you as little as possible for your injury claims. If you have been injured in a Washington auto accident, you need a tough, Seattle personal injury attorney on your side to prepare your case well and fight insurance companies on your behalf. If you require such assistance, please call Kirk Bernard at The Bernard Law Group. Our skilled car accident lawyers have consistently and successfully fought insurance companies on behalf of injured clients to help secure fair compensation for their injuries, damages and loss. Consultations with our firm are always free to accident victims.

The death of a loved one can have a devastating impact on surviving family members. During this time of grief, it’s difficult to think of anything else except the loss of that special person.

But after the grieving ends, what is there to do about the ones who caused the death? Did the construction site employers, contractors and/or subcontractors fail to provide a safe environment for the loved one? Did that failure cause the accident that led to the death of the loved one?

Wrongful death can arise as a result of construction site accidents in Seattle. Wrongful death occurs when a person’s reckless or negligent actions result in the death of another. In order to win a wrongful death lawsuit, the following must be proven: defendant had a duty to the decedent; defendant breached that duty; death was caused by defendant’s breach of that duty; and the survivors have suffered damages as a result of the loss and death of the decedent.

A wrongful death claim can be pursued by the decedent’s family members (surviving relations of the decedent) or by the personal representative of the decedent’s estate. The damages that can be recovered depend on which of Washington State’s wrongful death statutes apply to the claim. But potential damages include medical expenses, funeral expenses, lost future earning capacity and general damages for pain and suffering.

One statute covers claims brought by surviving spouses, children and stepchildren. These surviving relatives have automatic standing to bring a wrongful death case for the wrongful death of a spouse or parent. The party in this case is entitled to “just” damages under the statute.

The General Survival Statute allows recovery to the estate and surviving beneficiaries of the decedent when the decedent was unmarried without dependents. This type of claim is brought by the personal representative of the decedent’s estate. Recoverable damages include the present value of the decedent’s future net earnings had he lived a normal life expectancy.

Another statute, the Special Personal Injury Survival Statute, applies to survivors who may not qualify for damages under the other statutes. This claim can be on behalf of other family members (parents, brothers, sisters) if they were dependent on the decedent for financial support and were U.S. residents at the time of decedent’s death. Recoverable damages include medical, hospital, and funeral expenses and earnings lost prior to death.

It’s important, as a surviving relative, to consult a wrongful death attorney like Kirk Bernard as soon as possible because the statute of limitations is running, shortening the time in which to file a claim. Depending on the circumstances, there may only be two to three years from the date of injury to file a claim. Also, any documentation or other evidence needed to prove a wrongful death claim needs to be preserved as soon as possible.

The wrongful death attorneys at the Bernard Law Group, after careful review of the case, can determine if there is a claim for wrongful death and under which Washington State statute damages can be recovered. Call the Bernard Law Group today at 1-800-418-8282 for a free consultation of your construction accident wrongful death case.

In the large urban center of Seattle, neatly poised on the Puget Sound, all kinds of personal injury incidents happen every day. Washington residents impacted by an event commonly look for ways to pay their medical bills and get compensation for an incident in which they were a victim of preventable harm, whether it’s a workplace injury, a car accident or some other kind of event caused by another party—including an individual or local business.

As the first part of identifying any personal injury case, it’s important to know the criteria for such a case. An individual needs to be able to prove a direct and causal relationship either between a careless mistake or dangerous condition and an injury, or between an unsafe environment and the onset for a chronic condition. In other words, there must be a real and definable injury with a concrete cause. The other part of the case will be to link the cause to an action or omission by a responsible party.

There are several beginning steps commonly involved in a Seattle personal injury lawsuit. These include defining your case, writing up a formal grievance statement for use by a judicial or legal process and seeking a Seattle personal injury attorney. In the state of Washington, those looking to claim personal injury should realize that specific statute of limitation requirements restrict their time frame. For many of these cases, local legal experts cite a three-year period as the applicable statute of limitations, but this can vary according to several factors.

Individuals and families seeking to litigate a Seattle personal injury lawsuit, either against another individual or business or against an insurance company, look to legal professionals to assess their cases. Personal injury attorneys in Seattle and across Washington help weed out frivolous lawsuits where too much unfounded litigation can hurt the state’s legal system. At the same time, clear-eyed assessment helps the plaintiffs to know whether they will be successful in getting a specific sized settlement.

Residents in the state of Washington and elsewhere are often heavily insured against injury; therefore, many personal injury cases rely on an insurance contract. Many of the cases that are essentially insurance claims are settled out of court. In fact, other kinds of personal injury cases often settle out of court as well. Legal teams will be able to see early on whether a settlement is likely to occur, or whether a court trial may be needed to assign responsibility to a defendant. Local Seattle legal teams can also help their clients negotiate a settlement, which is key in providing for all of the costs of a personal injury—including medical bills, lost wages, and pain and suffering. The Washington personal injury lawyers led by Kirk Bernard at the Bernard Law Group can look through the specific Washington state regulations to see if pain and suffering compensation can be part of a settlement, or whether that has been nullified by certain contingencies in state insurance law.

All of this is just part of what clients rely on personal injury attorneys for in a Seattle personal injury lawsuit. The next step will be thorough research, including interviews, to help determine the details of a case. The legal team will look through all applicable case precedents, applicable standards, and insurance contract agreements to get an accurate picture of what the outcome is likely to be. Local victims of personal injury look for professionals who will hear their case proposals realistically, and with compassion and concern, to help obtain the best compensation results from an adversarial insurance company or a careless third party. Because of the complex process that awaits an individual or family with a personal injury case, having a skilled Seattle personal injury attorney on your side for guidance is a good strategy to recover costs when a sudden negative event has blindsided a household. To learn more about whether you qualify to file a personal injury claim in Washington, contact the Bernard Law Group. Call 1-800-418-8282 for a free consultation today.

When it comes to a personal injury case—whether it involves an auto accident, medical negligence or public liability—a plaintiff (the injured party) is entitled to compensation for all damages directly associated with the personal injury claim. This can include past, present and future injuries, such as physical injuries, psychological and/or emotional injury, permanent disability, lost wages, permanent impairment of earning capacity, medical costs, out-of-pocket expenses, and more. One such other damage is pain and suffering.

Pain and suffering is a “general” damage recoverable by an injured party in a personal damage claim. The definition of pain and suffering is physical and mental distress suffered because of an injury caused by another. It includes the following four main characteristics:

1. Physical Pain

   The aches and pains of physical injuries, like broken bones, cuts and bruises, and disfigurement.

2. Temporary and Permanent Limitations on Activities

   These are the dos and don’ts during the healing process, which are temporary, and the residual permanent limitations after the healing. The inability to continue doing one’s job temporarily or permanently may also apply here.

3. Potential Shortening of Life

   If life-threatening injuries are incurred, the injured party’s life span may be shortened.

4. Emotional or Mental Distress

   Emotional and mental distress is compensable. This could be mental distress stemming from a physical disfigurement, depression resulting from the inability to be whole again and worry over the inability to work and pay the bills for the family’s daily life.

Since the only way to compensate injured parties through the judicial process is to translate the compensation into dollars, determining a fair amount for pain and suffering can be a bit difficult. Generally, the injured party will work with a professional legal team to estimate how much compensation is needed to cover the aspects of pain and suffering. Also, federal or state law may have caps in place to limit pain and suffering awards.

Many factors come together to determine a monetary award for pain and suffering. No scientific formulas apply. Each case must be evaluated independently because no two individuals react to pain and mental distress in the same way. A higher award may be given to a party who has better documented the healing process and any residual limitations. The jurisdiction in which the accident occurred may even affect the award based on the cost of living or the demographic of society.

Other factors taken into account by insurance companies and jurors contribute to an award of pain and suffering. For instance, there is the credibility of both professional and lay witnesses. Heavier weight might be given a pain management physician, but a family member testifying about activities that the family cannot participate in as a unit also bears weight. Pre-existing conditions that have been exacerbated must be taken into account. The changes in marital relations are considered. All these factors and more go into the evaluation of pain and suffering.

The fundamental general damages are varied and many. It is generally a good idea to consult an experienced Seattle personal injury attorney who can more accurately assess which elements of pain and suffering should be attributed to a claim for fair and adequate compensation. At the Bernard Law Group, Kirk Bernard and his team of legal professionals have the knowledge and skills to assist you with your personal injury case. Contact the Bernard Law Group today to learn more about how you may be able to receive compensation for the pain and suffering you’ve endured because of another person’s negligence actions.

There is a basic premise to every type of personal injury claim: someone sustains injury to person or property because of the negligence of another person or entity. In order to establish the existence of a personal injury claim, the injured party bears the burden of proof. This means that the injured party or a representative, usually a personal injury attorney, must establish three elements to prove beyond a reasonable doubt that a negligent party should be held accountable for injuries and damages.

1. Standard of Care or Negligence
   A general definition of negligence in the legal community is a civil wrong whereby a person or entity owes a legal duty of care to another and fails to exercise the degree of care considered reasonable under the circumstances, resulting in loss or injury to another party. Here are a few common examples of negligence in personal injury claims:
• Automobile Accidents: A person operating a motor vehicle runs a red light and broadsides another vehicle or hits a pedestrian in the crosswalk. Under the law, a red light signals that the vehicles facing the red light have a legal obligation to stop until the signal turns green. Failing to stop at a red light shows a failure to exercise a legal duty. The person running the red light, therefore, is negligent.

• Premise Liability or Slip and Falls: An employee mopping the floor in a grocery store inadvertently leaves a puddle of water on the floor and does not put up a sign warning customers of the wet area. An elderly shopper slips in the water and falls, breaking a hip. The store, and its employees as agents, knew or should have known that someone could slip in the puddle and fall. The store breached its legal duty to its patron by failing to mop up the puddle of water and to warn the patrons of the slippery condition of the floor. The store, and its employees as agents, are negligent.

• Professional Liability: Most professional persons are held to a higher standard of care because others rely on their expertise. Those exposed to professional liability include, but are not limited to, medical and legal professionals. Medical malpractice occurs when a medical professional fails to perform to a standard of care expected within that profession. This means that when an omission or error on the part of the medical professional causes injury to a patient, the medical professional is negligent.

2. Causation
   Causation is established by showing that the negligence or breach in standard of care or legal duty by another person directly caused the harm suffered by the injured person. The common link is shown by using the examples above:
• Automobile Accidents: If the driver had not run a red light, causing an automobile accident, the injured party would not have sustained the injuries.

• Premises Liability: If the store clerk had mopped up the puddle and placed a sign notifying patrons of the wet floor, the store would have upheld its legal duty. However, that was not done and a patron did not notice the puddle or wet floor and fell. The fall was caused by the negligence of the store and its employees.

• Professional Liability: A patient reports symptoms to his or her doctor indicative of appendicitis. The doctor fails to consider appendicitis, the appendix ruptured and the patient dies. The doctor’s misdiagnosis caused the death of the patient.

3. Damages
   An injured party is entitled to compensation for all damages directly caused by the negligence of another person or entity. This can include past, present and future injuries, such as physical injuries, psychological and/or emotional injury, pain and suffering, permanent disability, lost wages, permanent impairment of earning capacity, medical costs, out-of-pocket expenses, and more. One cannot turn back the clock and prevent the circumstances from which the damage was incurred so compensation is translated into dollar amounts.

While these three elements are the general foundation of a personal injury claim and the examples used herein might appear to be clear-cut, it is rarely straight forward. Federal and state legislation and the intricacies of insurance policies must also be considered. Therefore, it may be in the best interests of an injured person in Washington to seek the advice of a Seattle personal injury lawyer like Kirk Bernard at the Bernard Law Group. A personal injury attorney will be able to guide an injured party through the legal process to ensure that maximum compensation is awarded under the law. Contact the Bernard Law Group today for a free case consultation.