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Archive for December, 2009

Steps to Take If You’ve Been Bitten by a Dog

December 31st, 2009 Kirk Bernard No comments

Anyone who has just been bitten by a dog is obviously in pain. As a Washington dog bite victim, there are certain important actions you need to take immediately after being bitten by a dog. Here are some tips you may find helpful:

  1. Identify the animal that bit you. If possible, identify the dog’s owner.
  2. Get medical attention. If you have suffered deep bite marks, insist on seeing a plastic surgeon. Be sure to follow the physician’s directions and take the medications you are supposed to take. Also, be diligent about follow-up treatment for your injuries.
  3. Once you identify the dog’s owner, get all possible information including the name of his or her insurance company, contact information, claim number and name of the insured.
  4. Do not discuss the value of your claim with anyone other than your Seattle personal injury lawyer.
  5. Do not give any verbal or written statements to anyone.
  6. Do not allow yourself to be tape-recorded, video-taped or photographed by the dog owner’s insurance company or attorneys for the other side.
  7. Do not say anything about whose fault the dog attack was, even if you believe you may have provoked the dog.
  8. Get the name, address and contact information (phone, e-mail) of anyone who may have helped you at the scene or witnesses who saw the dog attack occur.
  9. Take photos of your wounds – bite marks, puncture wounds or bruises.
  10. Contact an experienced Washington dog bite attorney, who will advise you about your legal rights and options. You need someone who will get working right away to help you obtain fair compensation to cover your medical expenses, loss of earnings, cost of cosmetic surgery and other damages you may have incurred.

If you or a loved one has been injured in a Washington dog attack, please contact the experienced Washington personal injury attorneys with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Is it OK for a Personal Injury Plaintiff to be Active on Facebook?

December 30th, 2009 Kirk Bernard No comments

I’ve been advising many of my clients recently to stop being active on social networking sites including Facebook, MySpace and Twitter when their case is in progress or claim is pending. Why? Because, when you’re actively involved in any one of these sites, you are being watched. You are being closely observed not only by your “Facebook friends” or “Twitter followers,” but also by others who may not necessarily be your friends such as insurance adjusters. You may be sharing your vacation pictures, thoughts on issues and other information with people who may not have your best interests at heart.

For decades, insurance adjusters have used questionable means to find out damaging evidence about plaintiffs so they can save their employer – the insurance company – some money. It is important to understand that insurance companies will go to any lengths to reduce the value of your claim and save themselves some money, including eavesdropping on your Facebook or MySpace page. Many people don’t know or don’t even realize that their Facebook account will allow people who live in their region to view the page. That’s how the default privacy settings work on a Facebook account. The people in your region can view everything that’s on your page even if they are not technically “your friends.”

Now, there have been cases that have been blown because of discrepancies in what they claimed and the hard evidence that could be seen by way of photographs and videos on their Facebook pages. For example, if you claim to have suffered a back injury in an accident that prevents you from going to work, but post pictures of you skiing or doing a slam-dunk on the basketball court, that’s going to be harmful to your case. Needless to say, it’s a bad idea to lie to your attorney or anyone for that matter, about your injuries. That said, there have also been many cases where insurance adjusters have manipulated the information they found on these Web sites to their own benefit – to use it as an argument to reduce the value of the claim.

My advice as a Seattle personal injury lawyer who has represented injured clients for 25 years is: Don’t go there. If you have filed a personal injury claim, shut down your account until your claim has been favorably settled. You will have to live with that settlement for the rest of your life. So, please do not do anything that will jeopardize or adversely affect your Seattle personal injury case.

If you or a loved one is a personal injury victim in Seattle, please contact the experienced Washington personal injury attorneys with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

What Kind of Compensation May an Injured Passenger Qualify to Receive?

December 29th, 2009 Kirk Bernard No comments

If you are a vehicle passenger who has been injured in a car accident caused by a negligent driver, you can seek compensation to cover medical expenses, lost wages, loss of future income, pain and suffering, physical therapy and other related damages. Of course, each case is unique and what you can seek as compensation will depend on the details of each individual case.

You may also seek compensation if you were injured and the driver of the vehicle you were traveling in was at fault or was negligent. For example, if the driver you were traveling with was operating the vehicle under the influence, speeding, or driving recklessly, then you may seek compensation for injuries suffered and expenses incurred. You will likely qualify for the same damages as you would if you were struck by another at-fault driver.

Whoever is at fault for your injuries – whether it’s a driver you know or don’t know – please remember that your priority should be to protect yourself. If you are an injured passenger, you need to take the necessary steps to make sure that you receive the compensation you rightfully deserve. The first step is to make sure you get checked by a medical professional and that all your injuries are accurately documented. Next, you must remember never to talk to insurance adjusters or sign any papers or agreements. Do not take any important steps or decisions in your auto accident case before consulting an experienced and skilled Seattle personal injury lawyer, who will put your welfare and your interests first.

If you or a loved one has been seriously injured by a negligent driver, please contact the experienced Washington auto accident attorneys with The Bernard Law Group for a free and comprehensive consultation. Call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com for a FREE consultation. We can also send you our FREE informational brochure about auto accidents with useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Do Injured Passengers Have the Same Rights as Drivers in a Seattle Auto Accident?

December 28th, 2009 Kirk Bernard No comments

A Washington car accident can turn your life upside down. If you have been seriously injured, you are dealing with the pain and suffering associated with minor to severe injuries. A car accident, however, also imposes a tremendous financial strain on you and your family. You may be dealing with the loss of earnings as a result of missed work. Some victims are so badly injured that they cannot return to work for a lengthy period of time. Others cannot return to work at all. Medical expenses, cost of hospitalization, physical therapy fees, and in some cases, psychological counseling, can all add up pretty quickly.

As drivers, most of us know that we may be eligible to seek compensation to help pay for the above mentioned expenses if the accident is caused as a result of someone else’s fault or negligence. But many are unclear about what their rights are if they are vehicle passengers. In Washington State, if you have been injured in a car accident while you were a passenger, you do have rights. In fact, you may be eligible to receive the same types of damages as a driver. The only type of compensation you cannot receive is that of damages to the vehicle, since you did not incur any of the repair costs.

If you or a loved one has been seriously injured by a negligent driver, please contact an experienced Seattle personal injury attorney with The Bernard Law Group for a free and comprehensive consultation. Call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com for a FREE consultation. We can also send you our FREE informational brochure about auto accidents with useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his knowledgeable legal team today.

Kirk Bernard’s Guide for What to Do after a Car Accident

December 24th, 2009 Kirk Bernard No comments

The holidays are a time when traffic accidents multiply, not only because of an increase in people driving under the influence, but also because the weather begins to change and people are still adjusting to driving in stormy weather and in the dark. It’s always a shock when you get in a car accident because we all live in a bubble and tend to believe that bad things cannot happen to us. Hopefully, nothing bad will happen.

That said, it is always important to be prepared. It can make a huge difference when it comes to protecting yourself and knowing your rights. If you are involved in a car accident, here are some tips that you might find useful:

  1. Keep an emergency kit in your glove compartment. Drivers should carry a cell phone, a notepad and paper, a disposable camera to take photos of the accident scene and a card about allergies or conditions that may require special attention if there are serious injuries. It is also important to keep a list of contact numbers handy. It’s also a good idea to have a set of cones or emergency flares in the trunk.
  2. Move your vehicle out of the roadway as safely and quickly as possible. Of course, this doesn’t apply to a serious accident. But where minor accidents are concerned, it’s a good idea to remove your vehicle from the roadway so it doesn’t result in additional accidents or more serious accidents. If the car cannot be moved, drivers and passengers should remain in the vehicle with seatbelts fastened until help arrives. The hazard lights should be on.
  3. After the accident, always exchange information with the other party including name, address, phone number, insurance company, policy number, driver license number and license plate number for the driver and owner of each vehicle. Also, make a written description of the car, make, model, year and color. Never tell anyone that the accident was your fault even if you may think at the time that it was your fault.
  4. Carefully photograph and document the accident. This is where your disposable camera will come in handy. Draw diagrams that show the position of each vehicle. If you find witnesses, get their contact information. Witnesses are extremely valuable in an auto accident case especially when multiple vehicles and victims are involved. They may be able to corroborate your account of what happened.
  5. File an accident report. This often helps insurance companies speed up the claims process.
  6. Contact an experienced Seattle personal injury lawyer immediately. Especially in serious car accidents, every minute is precious because valuable evidence at the scene may be lost. Retain the services of an attorney right away, especially if the accident involves serious injuries or fatalities.

If you or a loved one has been injured in a Washington auto accident, please contact the experienced Washington personal injury attorneys at The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE informational brochure, which has useful educational information about auto accidents that will help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard’s 10 Tips to Prevent DUI Accidents during the Holidays

December 23rd, 2009 Kirk Bernard No comments

The holiday season is one of the deadliest times of the year for alcohol-related car accidents in Seattle and King County. According to Mothers Against Drunk Driving, more than 1,000 people die nationwide during the time frame between Thanksgiving to New Years in drunk driving car crashes. This is of course because of the increased consumption of alcohol and the increase in the number of special holiday events and parties. This is also the reason why drinking and driving is more prevalent during the holidays. That being said, drinking and driving is entirely preventable. There are many options available to drivers including taxicab and towing services especially during the holidays. These tragedies can be averted.

Avoid getting in a DUI accident or causing a DUI accident by following these tips:

  1. Always appoint a designated driver. This is always a good option because it means that you are responsible and still able to enjoy some holiday cheer.
  2. Call a cab. It might seem like an added expense. But consider the costs associated with a DUI arrest or worse, injuring yourself or someone else. It’s certainly not worth it.
  3. Know how you’re getting home before you go out and have a back-up plan.
  4. Carry cab money and phone numbers.
  5. Drink responsibly and know your limits.
  6. If you find one of your friends or acquaintances getting drunk, take the keys away from them.
  7. Never ride with an impaired driver. Use public transportation if you have to.
  8. Always report drunk drivers by calling 911. You may be saving a life.
  9. If you don’t have a ride or your friends cannot pick you up, stay where you are until you sober up.
  10. Finally, never drink and drive.

If you or a loved one has been injured in a DUI accident, please contact the experienced Seattle personal injury attorneys at The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE informational brochure, which has useful educational information that will help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

What Happens if You Have Been Injured by an Uninsured or Underinsured Driver?

December 21st, 2009 Kirk Bernard No comments

You have just been injured in a car accident. Your body hurts and your mind is racing. You talk to the other driver. He has no insurance. Now what? Well, if this is the situation you find yourself in, please remember this is increasingly common, and that you have options. Consider these statistics. Around 14 percent of drivers in the United States do not have auto insurance. In Washington State, an estimated 18 percent of drivers have no car insurance. So, if you are driving in Washington State, you are at increased risk of becoming involved in a car accident with an uninsured or underinsured motorist.

Under Washington State’s at-fault statute, the person responsible for causing the car accident is required to pay all costs related to the accident including property damage, medical expenses incurred by the victim and other damages. But if that driver has no insurance, then you have to look for other options.

If you have been involved in an accident with an uninsured or underinsured motorist, you need to take some steps to protect yourself. First, collect as much information as you possibly can such as names, addresses, e-mail addresses, phone numbers, driver’s license information, vehicle license plate or any other information that seems relevant. If you have a camera in the car or a cell phone equipped with a camera, take as many pictures as you can of the accident scene. Focus on documenting the damage and the accident scene including vehicle damage, road conditions, traffic signals, stop signs and signage. Never admit to causing the accident although you believe it may have been your fault. Let law enforcement investigate and determine the facts of the case. Also, get contacts for eyewitnesses.

Although you may have protection against uninsured or underinsured motorists, that does not mean that your insurance company is going to make it easier for you. It is very important that you get a skilled and knowledgeable Seattle personal injury lawyer on your case right away so they can negotiate with the at-fault driver’s insurance company or the company that issued your uninsured/underinsured motorists coverage. While it may be tempting for you get into a quick agreement with your insurance company to avoid what can turn into a huge headache, please do not do so. You had the forethought to obtain uninsured/underinsured motorist coverage to protect yourself. You paid your premiums monthly. It is the insurance company’s responsibility to honor their policy when the time comes.

If you or a loved one has been injured in a Seattle car accident involving an uninsured or underinsured driver, please contact the reputed Washington auto accident lawyers with The Bernard Law Group. Please call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com. We can also send you our FREE informational brochure about Washington car accident cases, which has useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

How is the Value of a Personal Injury Claim Determined?

December 18th, 2009 Kirk Bernard No comments

If you have been injured in a Seattle car accident, you are probably counting on your insurance company to determine a fair value for your claim. If you have sustained injuries, you should receive the maximum amount of compensation that you are entitled to receive. However, that’s not how insurance companies think. They’re in this business to make money and maximize their profits. How do they accomplish that? By taking your insurance premiums and reducing the value of your claim or playing hardball when the time comes for you to collect compensation that is due.

This is when determining the value of an injury claim becomes extremely important. However, it is not easy. There are 8 main factors that go into determining the value of your accident claim, which include:

  1. Accident circumstances – Who caused the accident? Whose fault was the accident? Your claim will also depend on the facts of the case that are backed up by the police report and eyewitness statements.
  2. Injuries – What is the nature of your injuries: minor, moderate, major, catastrophic?
  3. Medical treatment – What type of medical treatment did you require? Did you have to undergo surgery? Did you need continuing treatment such as physical therapy as a result of the injuries sustained in the accident?
  4. Diagnostic test results – (CT scans, MRIs etc.)
  5. Pre-existing conditions – Were the injuries sustained during the accident or as a result of pre-existing conditions, which were aggravated or made worse by the accident.
  6. Did you have any previous accident or injuries – For example, if you slipped and fell at home and suffered a back injury a month ago and this new accident made those injuries worse, that could have an impact on your claim.
  7. Property damage
  8. Insurance coverage limits

Although these are some of the basic factors that go into determining the value of a claim, it’s not easy. The process can be complicated as every accident case is unique with its own set of circumstances. Don’t try to do it all yourself. The best and most effective way to assess your injury claim is to have a case evaluation with the experienced Seattle personal injury lawyers at The Bernard Law Group. We have extensive experience and the access to experts who have worked for insurance companies. These experts know all the tricks insurance adjusters have up their sleeves and the games they will play to reduce the value of your claim.

Please call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com. We can also send you our FREE informational brochure about Washington personal injury cases, which has useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

When Do I Need to Contact an Attorney?

December 17th, 2009 Kirk Bernard No comments

If you have been seriously injured in a Seattle auto accident, which you believe was caused by a negligent driver, or a dangerous roadway condition, or even a defective auto product, you are probably thinking about contacting an attorney. The question many injured victims may have at this point is: “When should I talk to an attorney?” The answer is NOW. If you have been in any type of vehicular accident – whether it involves a car, motorcycle, big rig, bicycle or pedestrian – you need to get an attorney as soon as possible. If you can call within minutes of an accident, that will certainly help strengthen your case.

Many attorneys will have you believe that you need to take your time to find a “good attorney,” that you need to do your research, talk to friends and sleep over it. In my opinion, waiting too long to hire an attorney can be detrimental to your personal injury claim. If you don’t like the attorney you hire at first, you can always fire him or her and find another lawyer. But if you delay, you can lose the compensation you rightfully deserve in your case.

The most important reason you need a Seattle personal injury attorney right away is because of the evidence that is present at an auto accident scene. Skid marks, gouge marks, eyewitnesses, debris and other physical evidence are cleaned up or leave the scene within minutes if not hours after the accident. Our firm has obtained significant, sizeable settlements for clients almost solely because they had the presence of mind to call us within minutes of the accident. In these cases, we were able to send our accident reconstruction expert to the scene and collect vital evidence that can make or break your case. In most cases, without that evidence collected within minutes or hours of the crash, we wouldn’t even have a case.

If your or a loved one has been injured in a Seattle auto accident, please contact the experienced and skilled Washington car accident attorneys at The Bernard Law Firm for a FREE and comprehensive consultation. Please call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com. We can also send you our FREE informational brochure about Washington personal injury cases, which has useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard’s Six Tips to Pick Safe Toys for Children this Christmas

December 16th, 2009 Kirk Bernard No comments

Over the last two years or so, a number of toys have been recalled for excessive amounts of lead paint or because they pose laceration, fall or choking hazards. However, you’d be surprised that a lot of these toys still sit on shelves where you are likely Christmas shopping, as we speak! As parents, it is extremely important that we remain vigilant during the holiday shopping season. Dangerous and defective toys may still be found at second-hand stores and at retail outlets. That said, these are not the only toys that endanger your child’s well-being. As a skilled personal injury attorney, Kirk Bernard knows that other toys that are normally considered “safe” can still pose dangers to young children, especially when they are not age-appropriate.

According to the U.S. Consumer Product Safety Commission, in 2008, 235,000 injuries involving toys were treated at emergency departments in the United States. During the same year, 19 children younger than age 15 died in toy-related incidents. A majority of these incidents involved cuts, contusions, facial and head injuries. Here are some useful tips to help prevent such injuries – major or minor – not only this holiday season, but year-round:

Please read the manufacturer’s instructions and warnings. If a toy warns about “serious injuries” or has too many warnings, just stay away from that toy. It’s not worth it.

Do not give children under 8 years of age toys that have sharp edges, have batteries that can be swallowed or have heating elements that can cause burn injuries.

If you have small children, please do not buy toys with small parts that can be swallowed and cause choking hazards. If necessary, twist and pull small parts to see if they come off. Some small parts are simply not properly attached the way they should be.

After you open a toy, immediately dispose of the plastic wrappings, which can cause suffocation or choking.

If your child is younger than 8, please do not give him or her toys that contain small magnets. These can come off and be ingested by young children and could even be fatal. These tiny magnets are extremely dangerous because you can’t even tell from the symptoms that your child has suffered a fatal injury.

Beware of bright-colored toys! They may look shiny and attractive, but those qualities may come from excessive lead paint. In 2009 alone, CPSC ordered the removal of 14 types of toys due to high lead counts. Ingesting lead could lead to cognitive issues and even brain damage in children.

If you or a loved one has been injured as a result of a defective product or a defective toy, please contact the experienced Seattle personal injury attorneys at The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation and case evaluation. We can also send you our FREE informational brochure, which has useful educational information about defective product cases that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Source:http://www.consumeraffairs.com/news04/2009/12/dangerous_toys.html