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Kirk Bernard Tells You Why Your Insurance Company is Not Your Friend

March 29th, 2010 Kirk Bernard No comments

When you get in a Washington car accident – whether it is a major injury accident or a minor fender bender – the first thing you that you may want to do, and should do, is to contact your auto insurance company. However, a common mistake a lot of people make with their auto accident claim or personal injury claim is to believe that the insurance adjuster or the insurance company is their friend.

As a Seattle car accident attorney, here is something that I tell my clients all the time. The insurance company is not always your well-wisher. Simply put, your insurance company is not always on your side. It would not benefit them to look out for your best interest. Why? Because that’s exactly how they make their profits. They take your premiums every month, which you probably have been paying regularly over the years. However, when it is time for them to pay your claim, your insurance adjuster may do everything he or she can to reduce the value of the claim. In fact, that is what a good insurance adjuster would do. Surprised? Don’t be, because that’s the way it is.

If you have been injured in an auto accident, you would be well-advised to retain the services of an experienced Seattle auto accident lawyer, who will be on your side and fight for your rights. Why does that benefit a personal injury lawyer? A personal injury attorney gets paid a percentage of what you recover. However, if you don’t recover anything, the attorney gets nothing.

When you are looking for an attorney, find a law firm that has the resources to beat the insurance companies’ tactics. The Bernard Law Firm has an in-house insurance expert who used to work for the insurance companies. We know and understand the strategies insurance companies will use against you to reduce the value of your claim.

If you or a loved one has been injured in a Washington auto accident, 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 about Washington car accident cases to help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard Addresses When it May Be Necessary to Go to Trial

March 25th, 2010 Kirk Bernard No comments

A majority of personal injury cases in Washington do not go to trial. If you have an experienced Seattle personal injury lawyer on your side, your case will very likely be settled out of court and to your satisfaction. However, sometimes, the insurance company or the other party may not offer you or even want to offer you a fair settlement. When this happens, there is a great chance that your case may go to trial.

Here is an example of when a case may go to trial. Let’s take the example of a 35-year-old woman who has been injured in an auto accident. Let’s say the defendant in this case was clearly at fault. The defendant made a left turn across the woman’s lane of travel, crashing into her car. The victim sustained injuries including a compression fracture and a disc bulging in her back. Her medical bills went over $25,000. In this case, if the defense offers $35,000, then that settlement would hardly be sufficient given the clear case of negligence, the cost of past and future medical expenses, as well as loss of wages involved.

In such cases, an experienced personal injury lawyer will not hesitate to take the case to trial. As lawyers will often tell you, the defense will usually offer a policy limits settlement either before or during the trial. Remember, you can even accept your settlement offer when you are waiting for the jury to come up with their verdict. In such cases, plaintiffs will not get the best offer had the case not gone to trial.

If you or a loved one has been injured in a Seattle auto accident, 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 about Washington auto accident cases 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 Bicycle Safety Tips for Children

March 23rd, 2010 Kirk Bernard No comments

Some of our best childhood memories always seem to include riding our bikes with friends. Riding a bike a short distance away from home or within the neighborhood seems safe enough. Most of us don’t think about it too much, especially when our children ride around the street corner to a friend’s house. What’s the worst that can happen? Well, statistics speak for themselves.

According to the National Highway Traffic Safety Administration, 784 bicyclists were killed and 45,000 were injured in the United States in the year 2005. Children under the age of 16 accounted for 18 percent of these deaths and 35 percent of these injuries. According to Kids Health.org, about 300,000 children visit an emergency room every year because of bicycle accident related injuries.

These numbers tell us that we need to do our part to prevent bike accident injuries. Children should not just be made aware of bicycle safety rules. They should know and be able to demonstrate how and why they need to follow these safety rules. If you are a parent who would like your child to ride safely, these tips provided by attorney Kirk Bernard may be useful to you:

  1. Always make sure your child is wearing a bike helmet – no exceptions. The helmet shouldn’t be in his or her hand or slung on the handlebar. It should be on the child’s head, fitting snugly. Your child should wear a helmet, even if they are traveling “just around the corner.” Remember, head injuries are responsible for a majority of bicycle accident deaths.
  2. Make sure your child is riding the correct size bicycle. The child should be able to put both feet on the ground while straddling the bicycle frame and still have 1 to 3 inches between them and the top bar.
  3. Teach your child proper bicycle hand signals. This will help drivers know what they are going to do next so they don’t get hit. Also teach your child basic road signs so they know and understand what they mean and obey them.
  4. Have your children ask permission before they take off on their bicycle. Know where they are going to be when riding their bike. You may also want to make busy streets and dangerous intersections off-limits.

If you or a loved one has been injured in an accident as a result of someone else’s negligence, please contact the experienced Seattle 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.

Kirk Bernard Discusses the Importance of Tire Safety and Maintenance

March 19th, 2010 Kirk Bernard No comments

Tires are one of the most important components of any vehicle. They serve as the only moving parts of the vehicle to make constant contact with the road. If you overlook maintaining your tires or taking good care of them, no matter how well-engineered your vehicle is, you’re not really safe on the road. Tire blowouts are one of the most common causes of car accidents in Seattle, WA and throughout the United States. Tire blowouts or tread separation can cause the vehicle to go out of control and it can be difficult, even for the most experienced of drivers, to take back control of the vehicle. Here are a few simple tire safety tips to help keep you and your passengers safe on the road:

  1. Check your tire pressure regularly. A digital tire gauge is an easy way to do that. It’s advisable to check your tire pressure once a month and always, before you set out on a long trip.
  2. Take care of under-inflated tires right away. The problem with such tires is that they create more heat, which can cause tire failure.
  3. Always keep a spare tire. And make sure that tire is properly inflated as well, should you need it.
  4. Check for tread depth. You can do this by placing the edge of a penny upside down into the grooves of the tire’s tread. If you can see all of Abe Lincoln’s head, it’s time for new tires. Rotating your tires every 5,000 to 7,000 miles will help ensure that your tires all wear out at the same rate.
  5. When you check tire pressure every month, also check for tire damage such as cuts, cracks or bulges.
  6. If you find out that your tire is cut or damaged, do not procrastinate. Replace it right away.

Sometimes, tire blowouts can also occur because of a defective tire. If you have sustained injuries because of an accident that you believe was caused by a defective tire, please contact an experienced Seattle auto products liability lawyer to find out more information about your legal rights and options.

Call The Bernard Law Group for a FREE, comprehensive and completely confidential consultation at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com. We can also send you our FREE brochure about Washington product defect cases, which has useful, educational information to help you understand your rights. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard Discusses Waiver of Liability Effectiveness in Personal Injury Cases

March 11th, 2010 Kirk Bernard No comments

It is fairly common for most entities such as schools, day care camps or businesses that offer sports or adventure activities to have participants sign a document in which they “waive liability” for potential personal injuries. This is particularly common in children’s sports fields, play areas, skating rinks, ski slopes, amusement and jump parks. The businesses get a waiver signed from the participants or the parents or legal guardians (if the participants are minors). Participants agree that they will not hold the business liable for injuries sustained during the activity.

In most cases, it will involve sports known to cause injuries or some dangerous activity such as bungee jumping or sky diving that could even cause death. The reason for this is that these entities expect that a participant in an inherently dangerous sport will know the risks and hazards of participating. As a result, there is what is known as “assumption of risk.” Defendants will usually use this “assumption of risk” doctrine to show that their negligence did not cause the injuries, but that the injured party assumed the risk of getting injured when he or she made the decision to participate in that particular activity.

How effective are these waivers? It really depends on the incident and the types of injuries suffered. An experienced Seattle personal injury attorney will be able to look at your particular waiver carefully and determine whether there was negligence involved on the part of someone else and whether you have a potential claim. Each claim and each waiver must be examined on a case-by-case basis.

You can find out more information about your particular case and what damages you may be entitled to, by contacting an experienced Washington personal injury lawyer. Please contact the reputed Seattle personal injury lawyers at The Bernard Law Firm at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com to schedule your FREE, comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful, educational information to help you better understand your rights. Get in touch with Kirk Bernard and his skilled legal team today.

Washington Personal Injury Lawyer Kirk Bernard Explains What Happens During a Deposition

March 9th, 2010 Kirk Bernard No comments

A deposition is an important part of the “discovery” or fact-finding phase of the trial. During a deposition, a lawyer for a party takes your testimony. During this process, you will be put under oath, just as you would be in court and a lawyer can ask you a wide range of questions relating to the case. The lawyer’s questions and your answers will be recorded by a court reporter and possibly be tape-recorded or even video taped. Of course, your Seattle injury personal attorney will be present to make sure that the questions you are asked are fair and connected to the case.

What happens during a deposition? Typically, when the deposition begins, you will be sworn in by a court reporter. This is an opportunity for the other side’s lawyer to get additional information, which can be used during the trial. Remember, it is important to make your testimony truthful and consistent. You should never guess the answers. Whatever you say must be based on personal knowledge or experience, not hearsay. If you do not know the answer or do not remember, you should definitely say so. If you do not understand a question, ask for clarification or ask that it be rephrased.

Always maintain your guard during a deposition. Remember that the attorney for the insurance company or the defendant is not your friend, although he or she may appear very friendly, professional and may even be likeable. A deposition, depending on the case, can go on for hours or even days. If you are tired or disoriented, it would be in your best interest to request a break, stretch out, get a drink of water and clear your head before proceeding. After the attorney for the other side is done with the questioning, your attorney will have an opportunity to ask you more questions or clarify an answer you gave earlier. Sometimes, for strategic reasons, your attorney may decide not to ask you any questions. In addition to you, others such as insurance company representatives and doctors could also be deposed in accident cases.

If you or a loved one has been injured in a Seattle accident, 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 about Washington personal injury cases 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 Discusses Loss of Consortium

March 4th, 2010 Kirk Bernard No comments

When you are seriously injured in an accident as a result of someone else’s negligence, you may claim compensation to cover medical expenses, loss of wages and other related damages. In Washington State, the law also allows the spouse of an injured person to seek damages, even if the spouse was not injured in that accident. This is known as a “loss of consortium” claim.

What is loss of consortium? The term “consortium” under Black’s Law Dictionary, is defined as “the conjugal fellowship of husband and wife, and the right of each to company, society, and cooperation, affection and aid of the other in every conjugal relation.” Loss of consortium not only includes material services that you may lose because of your spouse’s injury, but it all includes intangibles such as your spouse’s support, guidance, companionship and sexual relations. Loss of consortium claims are usually made only in cases of major or catastrophic injuries – where the injuries have had a direct, negative effect on the marital relationship. A person who is living with an injured person cannot file loss of consortium. A “marital relationship” is necessary in order to make a loss of consortium claim.

A spouse who has suffered the negative effects of the accident can present compelling testimony to juries and help convince jurors that the accident has not only affected the marital relationship but the entire family. An experienced Seattle personal injury attorney can help a victim or plaintiff determine whether a loss of consortium claim can be added to the personal injury claim.

If you or a loved one has been injured in a Seattle auto accident, 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 about Washington auto accident cases that will help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Who Pays Your Medical Bills After a WA Auto Accident?

February 26th, 2010 Kirk Bernard No comments

If you have been injured in a Washington auto accident, obviously, you need to get medical treatment right away. If you ignore your injuries and they get worse, you may not be able to claim compensation for treatment because the insurance companies will maintain that you allowed your injuries to get worse by failing to obtain prompt treatment. However, as a skilled auto accident attorney, Kirk Bernard knows that the question that arises immediately after an injury accident is usually: “How do I get my medical bills paid?”

The answer to that question is that if you have received any type of medical treatment after the accident, you will be held responsible for the payment. You will have to deal with medical bills and health insurance claims as well as auto insurance claims. If you have “personal injury protection” (PIP) on your auto insurance policy, that coverage will primarily help pay for your accident-related medical expenses. If you do not have such coverage, then your health insurance company will be the primary payer for those medical bills.

If you lack any type of insurance, then the medical provider will bill you personally. Please remember that even if the other driver was at fault, his or her insurance company will not pay for your medical bills upfront. However, some medical providers will provide treatment upfront and then put a lien on your case. Such liens will have a condition that the providers will be paid back when the case settles, before you get any part of that settlement. Such liens have helped many patients secure much-needed medical treatment they may not otherwise be able to afford.

In serious injury cases, medical expenses and hospital bills can pile up quicker than you can handle them. That is why, especially in serious auto accident cases, you should take immediate action. It would be in your best interest to contact an experienced Seattle auto accident lawyer to find out more about your legal rights and options. Please contact the reputed Washington personal injury lawyers with The Bernard Law Firm at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com to schedule your FREE, comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful, educational information to help you better understand your rights. Get in touch with Kirk Bernard and his skilled legal team today.

Calling your Insurance Company after a Washington Auto Accident

February 24th, 2010 Kirk Bernard No comments

Washington State has a “mandatory auto insurance law.” What this means is that the state requires anyone driving a motor vehicle in Washington to have an insurance liability policy, a certificate of deposit or a liability bond up to the required limits. Under this law, you must have a liability policy with a minimum of $25,000 for injury to another person; $50,000 for injuries to all other persons; and $10,000 for damage to another’s property. As a skilled auto accident attorney in Washington, Kirk Bernard suggests that it would also be highly advisable to add uninsured or underinsured motorist coverage, which covers you if you are struck by a hit-and-run driver or a driver who lacks auto insurance or sufficient coverage.

Once you have been in an auto accident, one of the first things you should do is call your auto insurance company. Of course, first, you should seek medical care and make sure you recover from the initial effects of the accident. However, it is critical that you make that call to your insurance company as soon as you reasonably can. Calling promptly after an accident is part of your obligations under the contract you signed with your insurance company when you purchased the policy.

The main purpose of your first call is to give the insurance adjuster the basic facts about the accident, such as, what occurred and details about the other driver, including his or her insurance company and policy number. During this call, you may also be asked who was at fault or who was to blame for the accident. Never accept blame or admit during this call that you were at fault. It is important that you get all the information including a police report before you determine who is at fault.

If you believe that you were injured in an auto accident as a result of someone else’s negligence, you need the services of an experienced Seattle car accident lawyer who will remain on your side, fight for your rights and make sure you are fairly compensated for your injuries and loss. Please contact the experienced Washington personal injury attorneys of 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 and educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard Addresses Common Damages Claimed in Washington Personal Injury Cases

February 23rd, 2010 Kirk Bernard No comments

If you have been injured as a result of someone else’s negligence in Washington State, you may be able to claim compensation to cover damages caused by that negligent act. Examples of such accidents include a negligent motorist who causes an auto accident, the manufacturer of a defective product that injures someone, a doctor’s error or negligence that causes serious injuries, or a dog owner whose pet bites or injures a person as a result of the owner’s failure to keep the animal restrained. Here are some of the most common damages addressed by Kirk Bernard that may play a role in a Washington personal injury claim:

  • Medical expenses: This includes doctors fee, hospitalization costs, and cost of medication or surgeries if you need them.
  • Lost Wages: These are the wages or earnings that you lose as a result of the accident or injuries caused by the other person’s negligence. This includes work time lost and work you could not do as a direct result of the injuries suffered.
  • Rehabilitation: This includes services provided by others who help an injury victim return to the same physical condition he or she was in prior to the negligent act. This could include new job or occupation training. For example, if you are a construction worker who has lost his leg, then you need training in another field because your injury prevents you from working your normal trade or occupation.
  • Pain and suffering: This is compensation for the physical pain and suffering that a victim endures after the injury caused by the negligent act.
  • Punitive damages: This is assessed against reckless or irresponsible behavior. The purpose of punitive damages is to prevent such behavior in the future and to deter others from acting in a similar manner. Punitive damages are typically awarded in cases involving manufacturers of defective autos, drugs or other products that caused injuries to consumers.

You can find out more information about your particular case and what damages you may be entitled to, by contacting an experienced Seattle personal injury lawyer. Please contact the reputed Washington personal injury attorneys at The Bernard Law Firm at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com to schedule your FREE, comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful, educational information to help you better understand your rights. Get in touch with Kirk Bernard and his skilled legal team today.