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Kirk Bernard Explains the Difference between a Claim and a Lawsuit

March 1st, 2010 Kirk Bernard No comments

As a Seattle personal injury attorney, I am often asked the following question by my clients, “What is the difference between a claim and a lawsuit?” After a Washington auto accident, victims usually file a claim with the insurance company. The claim is usually settled with the insurance company and is not taken to court. However, if the claimant or victim believes that he or she has not received a fair settlement or that the insurance company unfairly diminished the value of his or her claim, then they can file a lawsuit against the insurance company.

If you have sustained an injury in a Washington auto accident, the best move is to contact an experienced Seattle car accident attorney. A skilled and knowledgeable Washington personal injury lawyer will help you obtain fair compensation for your injuries, damages and losses from the insurance company without having to file a lawsuit. Remember, a majority of car accident cases never go to court. They are usually settled way before that. But to ensure that you get a fair settlement, it is important that you get an experienced injury lawyer involved early on in the process so you are happy with your settlement and can move on with your life.

A word of caution for auto accident victims here: Never trust insurance adjusters to give you a fair claim. Their job is to make money for the insurance company, not to help you get a fair settlement. They are not looking out for you. They are looking out for the guys who pay their salary – the insurance company. So, hire an experienced lawyer who will remain on your side and fight for your rights.

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.

Kirk Bernard Discusses the Types of Injuries Sustained in Auto Accidents

February 25th, 2010 Kirk Bernard No comments

The law defines personal injury as any type of harm you may have suffered as a result of an accident or intentional infliction. In working with personal injury victims in Washington, Kirk Bernard has seen first-hand that these injuries can include physical injury, emotional suffering or distress and psychological trauma sustained. When you are injured in an auto accident, your injuries may be classified as minor, moderate, major or catastrophic.

Minor and moderate injuries are injuries such as strains, sprains, broken bones, bruises or lacerations. These may be painful injuries involving substantial medical expenses, but these are also injuries that will usually heal quickly and completely. Some types of moderate injuries such as neck or back sprains can take a longer time to mend and may require extended physical therapy. Soft tissue injuries such as injuries to nerves, muscles and connective tissue also fall under this category. Some of these injuries can result in chronic pain and disability. Sometimes, even moderate injuries may prevent you from keeping a job or caring for your loved ones.

Major and catastrophic injuries are the types of injuries that can change your life in the long run or permanently. Examples of such injuries are head injuries, traumatic brain injuries, burns, loss of limbs, or spinal cord injuries that could lead to paralysis. These are also very often, the types of injuries that could leave you disabled for the rest of your life or unable to keep a job and earn a living. The damages you receive in your Washington auto accident case will depend on the nature and severity of your injuries and how those injuries have affected your life.

If you or a loved one has been injured in a Washington auto accident, 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.

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.

Seattle Car Accident Attorney Kirk Bernard Explains the Importance of Personal Injury Protection (PIP)

February 22nd, 2010 Kirk Bernard No comments

Personal Injury Protection, or PIP as it is commonly known, is an optional coverage on your auto insurance policy, which you can choose to have or not. What does PIP cover? In the event of an auto accident where you are injured, PIP will become the primary payer of your medical expenses. It will pay a limited amount of medical costs, wage loss, funeral expenses and loss of services after an auto accident. The major advantage of having Personal Injury Protection coverage is that it will be available to you irrespective of whether the accident is your fault. Having this type of coverage can be very helpful after an injury accident because the insurance company for the at-fault driver will not pay your medical expenses until you are ready to settle the entire claim.

Skilled Seattle personal injury attorneys know that having PIP coverage can be very important, especially at a time when healthcare costs are astronomical. Having PIP coverage for a small monthly payment will ensure that your medical bills will be taken care of up to the available limit. Remember that PIP coverage not only covers the one who is insured but also all passengers who are in your vehicle at the time of the accident.

If you have PIP coverage, you will also be covered if you are a passenger in another vehicle or if you are a pedestrian who has been struck and injured by another vehicle. The other question most people commonly have is if their insurance rates will go up if they use this PIP coverage. The answer is: If you need it, you should use it. The insurance company cannot and should not raise your rates if the accident was not your fault.

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 Discusses What Compensation a Victim of Nursing Home Abuse or Neglect May Be Able to Receive

February 19th, 2010 Kirk Bernard No comments

With an increasing rate of nursing home negligence and abuse taking place throughout the United States, some attribute these events to the fact that more and more baby boomers are headed to these facilities. When a family places a loved one in a nursing home, it is never an easy decision. In fact, families often agonize over it. So, when they entrust their loved one to the care of a skilled nursing facility, they have every reason to expect quality care. Unfortunately, this does not always happen.

According to recent studies performed by the Government Accountability Office (GAO), one in five nursing homes is seriously deficient. That means that there are violations committed regularly in these facilities that would place residents’ lives in immediate jeopardy. This includes poor resident hygiene, failure to monitor patient health, failure to follow doctor’s instructions and even physical, emotional or sexual abuse.

If your loved one has suffered neglect or abuse in a nursing home, you may be able to file a personal injury claim against the nursing home. A skilled Seattle nursing home abuse attorney may be able to help you obtain compensation for medical expenses, cost of hospitalization, psychological or physical therapy, and other damages. If you have lost a loved one because of nursing home negligence, you could file a wrongful death claim against the facility or operator.

If you or a loved one has been the victim of nursing home negligence or abuse in Washington State, please contact the experienced Washington personal injury lawyers 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 understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard Tells You if You Have an Injury Claim against the Government

February 18th, 2010 Kirk Bernard No comments

Could the government – a city, county, state or even the federal government – be held liable for your accident or injuries? Yes. However, as an experienced Seattle personal injury attorney, Kirk Bernard is familiar with how the filing of this potential claim depends on the circumstances of an individual’s specific situation. To begin with, a number of Seattle auto accidents occur due to dangerous or defective roadways. Every year in the United States, thousands of motorists are killed or badly injured because of improperly maintained roadways. Remember that each and every roadway in Washington State is maintained by a governmental agency, be it a city, county or state agency. However, when these roadways are not maintained properly with the required safety features or signage, then the injured victim can file a claim against the governmental entity.

Dangerous roadway cases may be filed under the following circumstances:

  • When there is an obvious dangerous condition on the public right-of-way
  • If the injury is caused directly as a result of that dangerous condition
  • If the governmental agency knew about the unsafe road conditon, but did nothing to fix it
  • If the governmental agency could have fixed the dangerous condition within reasonable time and expense, but failed to do so

Examples of dangerous roadways include:

  • Uneven pavement
  • Lack of crosswalks
  • Lack of guard rails
  • Visual obstructions
  • Potholes or badly maintained roads
  • Lack of shoulder or bike lane
  • Improperly marked construction zones

If you or a loved one has been injured as the result of a dangerous or defective roadway or intersection in Washington State, please contact the experienced Seattle personal injury lawyers 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 understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Kirk Bernard Discusses Attorney Fees

February 15th, 2010 Kirk Bernard No comments

If you have been injured in any type of accident and you are thinking about getting in touch with a personal injury attorney in Seattle, you are probably wondering: How much is this going to cost me? That’s a fair question to ask yourself before you make such an important decision.

Almost all personal injury attorneys work on what is known as a “contingency fee.” Under this arrangement, the attorney’s fee is based on a percentage of what you are awarded in the case. If you lose the case, the attorney does not get a fee. If you hear from any personal injury attorney you approach that you need to pay upfront, you should be highly suspicious about that attorney’s motivation.

The contingency fee percentage varies and some lawyers will offer you a sliding scale based on where you are with the case and how it is settled. A one-third fee is common. It would also be in your best interest to ask whether the lawyer will calculate the fee before or after the expenses. This can make quite a bit of difference because calculating the attorney’s fee after the expenses have been deducted will increase the amount of money you receive.

If you or a loved one has been injured in Washington State, please contact the experienced Washington personal injury lawyers 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 understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

How Injured Motorcyclists Can Prepare for Facing a Potentially Prejudiced Jury

February 10th, 2010 Kirk Bernard No comments

Washington motorcycle accidents often result in far more serious injuries than a crash involving two cars, or an accident involving a car and another larger vehicle. This is because a motorcycle rider has absolutely no protection other than the helmet and other protective gear he or she may be wearing. Yet, if a motorcycle accident case goes to trial, a jury may automatically assume that the motorcyclist was reckless without having heard the full story. This assumption may be made by individuals who do not realize that the majority of motorcyclists are some of the safest drivers out there. This is mainly due to the fact that motorcyclists enjoy being out-in-the-open, but also are fully aware of their vulnerability to others on the road in doing so.

Motorcycle accidents can result in traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, loss of limbs or even death. Motorcycle accident victims face a variety of expenses involved with these accidents including, medical expenses, loss of wages, hospital bills and other related costs. If the accident was caused by another driver, that negligent motorist may be held liable for the motorcyclist’s injuries.

However, in motorcycle accident cases, a motorcyclist has many challenges to overcome in order to veer the jury away from inherent prejudices about motorcycle riders. If you are a motorcycle accident victim, you need an experienced and aggressive motorcycle accident lawyer on your side who will know how to overcome the potential jury prejudice against a motorcyclist. A skilled injury lawyer will highlight the facts of the case. If you were wearing a helmet and protective gear, have undergone motorcyclist safety training and were not violating the law (lane-splitting, unsafe lane change, illegal passing) at the time, then you definitely increase the chances of convincing the jury that you did everything in your power to be a safe rider.

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