A recent article in the business section of the Oregonian, entitled “Distracted Driving, Courts: Apple doesn't have to use safety tech”, addresses several test cases that have been or are being pursued in the courts. The question is an interesting one – Since Apple patented “lockout“ technology i...

Lady Justice is blindfolded because justice is supposed to be blind. A person's past run-ins with the law do not make him or her any less injured, and that same past does not make the at-fault person any less responsible for the harms caused. So why should it affect your case? In most case...

I was still in bed on the morning of March 31, 2014, when I got the text message everyone fears. My brother-in-law texted me only this: "Kimberly and I were in a really bad car accident this morning. They are taking Kimberly to the SICU, she had a broken leg and a crushed spleen, a liver l...

If you have a personal injury claim that for whatever reason cannot be settled fairly with the insurer for the wrongdoer, and you and your attorney agree the case is worth pursuing further, then it will end up in “litigation”- a term for the entire process that occurs after a lawsuit is fil...

At this year's annual Clark County Bar Association (CCBA) barbeque, the local bar association will be honoring its members who have been in practice for over 40 years.  Craig Schauermann will be among those recognized at this upcoming event for local lawyers to be held on July 26, 2019. Crai...

Proving a driver caused an accident because of a distraction can be difficult.  But, it is important to try and prove it occurred when possible.  Distracted driving is a serious problem throughout the United States and the world and highlighting and exposing it when it does occur helps to raise a...

There is no good answer to this question. On the one hand, you may be uncomfortable giving out private information, or information you don't have.  On the other hand, the law may require you to provide the information or the insurance company will refuse to deal with you.  Even in this offi...

Schauermann Thayer partners Bill Thayer and Scott Staples have been selected again to be the moderators of the National Business Institute's local Judicial Forum, which is being held on November 8, 2019.  This year's participating judges include Hon. Gregory Gonzales (Clark County Superior Court)...

Each year the Washington State Association for Justice (WSAJ), puts on its annual Insurance Law Seminar. Each year WSAJ brings in speakers from across the state—and sometimes across the country—to educate plaintiffs lawyers on developments in the law and new approaches to help in representi...

Often times in the practice, I hear a client say something like, “Well, the jury will at least decide to award the amount that the insurance company offered, right?”. Since that's not a safe assumption, let's talk about why. Usually, before a case gets to trial, settlement negotiations have...

As long as you were not in any way at fault, insurance companies in Washington cannot raise your rates. I commonly am asked this question by people who are fault-free in automobile crashes. They have insurance; it is required by law that everyone in Washington and Oregon maintain an insuran...

There are few things better than getting out and riding your bike on a nice day.  Maybe you are soaking in the sun or thinking about the things you need to do later in the day.  Maybe you are not paying full attention to the parked car ahead.  As you near it, the car door suddenly swings op...

Being a personal injury attorney, we can often see patterns in how insurance companies adjust and resolve claims. Sometimes, for example, the pendulum swings toward settling claims and saving on defense costs (meaning, the insurance company might be okay paying a little bit more to settle a claim...

Most workers who get jobs through a temporary employment agency are immediately sent out to work in facilities owned and managed by the agency's clients.  For purposes of this post, we'll call the temp agency's client “the factory” (I picked this just because a lot of the temporary workers ...

Some 6,227 people died as pedestrians around the nation after being hit by motor vehicles in 2018. More than in any year since 1990. According to a Wall Street Journal article published Thursday, February 28, 2019, entitled "Pedestrian Deaths Highest Since 1990", pedestrian traffic fatalities ...

Settling quickly without knowing your damages happens far too often. It leaves people feeling taken advantage of, and in most cases, without any options to get the medical treatment needed for injuries. We've already shown you how to deal with “threats” from an adjuster, and explained how diffi...

“Medical payments” insurance coverage is something we encounter fairly often in the premises liability cases that we handle.  Automobile insurance policies will sometimes have a specific coverage called “medical payments coverage”, but most often, in Washington State and Oregon, there is a spec...

My family recently added a new member to our family. Jimmy came to us when he was almost six months old and has almost literally turned our world upside down. Being first time dog owners, we didn't really know what rules and laws applied to him and to us. We guessed many dog owners were equal...

Most of the injury claims we see in our office, and going through the courts, are of the unintentional variety- some form and degree of negligence on the part of the bad actor.  Of course, intentional injuries do occur.  Intentional injuries to the body can involve vehicles, fists, or weapons, ...

Generally, the “American Rule” is that adverse parties involved in litigation in courts in our country each have to bear their own attorney fees. Sometimes, however, there are specific statutes that may vary that general rule – and which do provide for a court to have the authority to award reaso...

Sometimes, as we research the legal issues we encounter, the laws we encounter are fascinating.  A few examples [the following is the furthest thing possible from legal advice and in no way should be construed as such!]: Washington RCW 46.61.665 prohibits “embracing another while driving”.  I...

Each year, Washington lawmakers add to, remove, and alter the laws that affect all of us here in Washington. This year, there were two big changes made to Washington laws that will make our communities safer for all people on the roads; but especially to cyclists and pedestrians The last day...

We are very used to dealing with a world where great efforts are taken to keep our medical information and records private. Injured people who bring personal injury claims are often shocked to find out that this expectation of privacy seems to go out the window when they bring their claim.  Ins...

You may have heard a doctor, attorney, or a medical or legal assistant use the acronym “MMI” before. As in, “I think your condition is at MMI.” But what does that mean? Well, the letters MMI simply stand for “maximum medical improvement”. And, what that phrase means is that to the extent yo...