Monday, May 23, 2011

How Much Time Do I Have to Hire a Lawyer After an Accident?

This is a common question among people who have been injured as a result of being involved in some kind of accident. I'm happy to offer answers to other general questions about the law and how it relates to auto accidents and insurance claims, so feel free to leave a question in the comments field. below.

Question: How long do I have to seek an attorney after an accident before I jeapordize a potential insurance claim?

Answer: Almost without exception, a mentally competent adult who suffers an injury must either resolve the claim or successfully commence a lawsuit within three years of the injury. The three-year ‘clock’ for injured children does not start to run until they reach the age of majority (18 in the State of Washington). Waiting that long to get legal advice is almost always a very damaging mistake for several reasons, one of which is that the attorney has no realistic chance to negotiate before having to start a lawsuit, with all the time and expense that goes with it. However, the case for compensation is potentially jeopardized the most EARLY in the process. That is why contacting an attorney very soon, just to understand the legal lay of the land, is usually a smart thing to do. Most attorneys will be happy to give basic advice on how to locate and preserve critical evidence that will be needed later when the insurance company says it does not think you will be able to prove your claim and offer practically nothing.

Thursday, April 7, 2011

New Proposed Law Kicks Injured Workers to the Curb

While we are usually overwhelmed by the barrage of incoming notices, demands, warnings, etc., this short  Seattle Times editorial is on a topic important to everyone who wants to be sure injured workers are not kicked to the curb and, more generally, that Washington should be a place where the average working person is not treated as a second class citizen. 

While real people face daily challenges that leave them exhausted and in bed by 9 p.m., corporations and insurance companies never sleep.  They have lobbyists on the payroll 24/7 and are always pushing new laws that would essentially gut injured worker support programs. 

The new law on the table right now would eliminate support that is based on an individual worker's medical needs  by offering financially desperate workers a ‘cash buy out’ of all future benefits, no matter how long the injuries actually last.  It reminds me of the cartoons where an insurance company adjuster is having an injured person sign a release of all claims while he’s still hanging upside down in his crushed vehicle. 

This Seattle Times editorial nicely summarizes the proposed “improvement” in the injured worker support program.