Recent Blog Posts

Seattle Train Tracks is the Site of Unidentified Body

Seattle Personal Injury Attorney — Wed, 09 Nov 2011 17:00:00 GMT

Wednesday morning, November 2, 2011 a body was found on the train tracks of Commodore Way around 11 in the morning.

Police are still investigating the incident and the body, which has not been identified, to determine the cause of death. While the body was found near the railroad tracks, it has not been determined what actually led to the fatality; however, in these cases the question of a railroad accident naturally arises.

Whether or not the incident is the result of a pedestrian being hit by an oncoming trai,nthe devastation of the matter is unquestionable. The body was found near the tracks located in the Magnolia neighborhood, and the aftermath of the finding has been unsettling to say the least.

Any number of situations could have led to this death, but if it was the result of a train accident then it could be a case of wrongful death. If so, a Seattle personal injury attorney from WardSmith could help the friends and family of the victim. The experience and know-how needed to represent accidents and injury cases of every nature are easily found among the lawyers at our firm, and railroad accidents are no exception to our areas of practice.

Defective Products in Seattle's Ports

Seattle Personal Injury Lawyer — Thu, 03 Nov 2011 16:00:00 GMT

Exploding shipping containers have popped up – literally – in western Washington's ports.

This issue is said to be the result of contaminated refrigerators that are commonly referred to as "reefers" in the field. According to theories, the refrigerated units/containers have been contaminated by a coolant that is explosive when exposed to certain substances. Among these substances are oil and air; two things very difficult to avoid when onboard a ship or docked at a port harbor.

While officials are continuing to work out just what is going on with this unusual occurrence, an exact problem and solution have yet to be identified. Even more troubling is the fact that all port workers in Washington are still reporting to work each day, subjecting themselves to the potentially hazardous materials being shipped in from Vietnam.

Reports from the trade industry indicate that two workers have already been killed in Brazil and Vietnam as a result of the explosive containers. The U.S. has yet to report of any injuries, but it can only be a matter of time before the dangers of these reefers reach our homeland.

The explosiveness of this issue is dully recognized by the Seattle personal injury attorneys at WardSmith PLLC. Until the matter is effectively resolved any number of injuries or wrongful death cases could pop up. It is the firm's greatest wish that no one be harmed as a result of the liable product being shipped to our country, but should the need arise our team is available to help.

Filing a Personal Injury Claim in Seattle

Ward Smitch PLLC — Fri, 06 May 2011 22:20:00 GMT

If you or someone you love has been injured in an accident, it is strongly advised that you contact a Seattle personal injury lawyer immediately.

You only have a limited amount of time to file your personal injury claim, and it is absolutely imperative to your future and current health and recovery process that you have this type of legal representation at your side.

Insurance adjusters will most likely come to you offering a settlement for your injuries. However, at Ward Smith PLLC, our legal team provides compelling protection for accident victims to ensure that your rights are not violated and that you obtain a fair settlement.

Whether you have been injured in an auto accident, dog bite, drunk driving accident, product liability or a truck accident, call our office today!

We have spent years helping victims just like you, providing them with the level of representation necessary to find a favorable outcome in their case.

If you would like to learn more about filing a personal injury claim, contact a Seattle personal injury attorney from our firm today!

Insurance Adjusters and Personal Injury Claims in Seattle

Ward Smith PLLC — Fri, 29 Apr 2011 22:20:00 GMT

If you have suffered injuries due to another's negligent act, it is absolutely imperative to contact a seasoned Seattle personal injury attorney at once.

Your ability to secure legal representation could be the difference in successfully filing a claim and receiving a settlement or spending the rest of your life paying for the medical bills and rehabilitation costs.

Before filing your claim, it is important to remember not to speak with any insurance adjusters. They will prepare a settlement for your case that may seem appealing, but it will most likely not cover all of your required costs.

For example, if you suffered a broken bone, you will have to go to your initial doctor visit, have x-rays, have the doctor cast the broken bone, go to a follow up appointment several weeks later and then start physical therapy to ensure the broken bone gets proper treatment and is restored to its original state.

In some cases where it is virtually impossible to recover, it is even more important to have a seasoned Seattle personal injury lawyer at your side to ensure you can receive all of the benefits required to maintain a reasonably healthy lifestyle.

For more information on the benefits of hiring a personal injury lawyer when speaking with insurance adjusters, contact a Seattle personal injury attorney today!

9-Car Accident on I-405

Seattle Personal Injury Attorney — Wed, 12 May 2010 18:50:00 GMT

A massive chain-reaction accident caused the 405 to slow to only one functioning lane on Sunday, May 9. According to the Seattle Times, the accident occurred in the afternoon in the right lanes. A few people were treated at the scene for minor injuries.

Car accidents can cause serious damage to your property and to your health. If you have been involved in an accident that you believe was caused by another person's negligence, please do not hesitate to contact a Seattle personal injury attorney. You could be able to obtain financial compensation for any and all losses sustained as a result of the accident. Your lawyer could be able to help get you money for some or all of the following:

Medical bills
Future medical bills
Out-of-pocket expenses
Pain & suffering
Property damage
Lost earnings

Contact a Seattle Personal Injury Lawyer at the firm today if you or a loved one has been injured in a car accident or other type of accident.

In need of a Seattle accident lawyer?

Seattle Personal Injury Lawyer — Wed, 17 Feb 2010 00:33:00 GMT

When you or someone you love has suffered a serious or life-threatening injury, the last thing you want to deal with is insurance claims, legal claims and medical bills. It is your personal injury lawyer's duty to provide you with the representation you need in order to enhance and maximize your chances of receiving the financial compensation for your injuries that you deserve.

Attorney J.D. Smith has the experience, knowledge and skill necessary to help ensure that your rights are protected, no matter what the situation involves. When you have been hurt due to another person's negligence, you deserve to have a powerful advocate in your corner.

Mr. Smith could be able to provide you with the representation that you need in a wide variety of areas of personal injury law, including the following:

Your case is very important to you and so should it be to your choice of injury lawyer. Seattle personal injury attorney J.D. Smith has years of experience handling accident cases throughout the state. He could be able to give you the help you need.

Supreme Court declares Certificate of Merit Unconstitutional

J.D. Smith — Thu, 17 Sep 2009 16:58:00 GMT

Today in Putman v. Wenatchee Valley Med. Ctr, the Washington Supreme Ct declares Certificate of Merit statutory requirement unconstitutional. This is a huge ruling for victims of medical malpractice.

The court held:

"RCW 7.70.150 unduly burdens the right of medical malpractice plaintiffs to

conduct discovery and, therefore, violates their right to access courts. In addition,

RCW 7.70.150 changes the procedures for filing pleadings in a lawsuit, thereby

jeopardizing the court's power to set court procedures. When the activity of one

branch invades the prerogatives of another, there is a violation of the doctrine of

separation of powers. The court must strike down this law because it violates the right

of access to courts and conflicts with the judiciary's inherent power to set court

procedures. We reverse the trial court's dismissal and remand for further proceedings."

The facts are 98,000 people are killed each year due to medical errors. The Certificate of Merit has robbed hundreds and perhaps thousands of families of their ability to seek justice. Today justice has been served.

Tacoma Wages Higher than U.S. Average

J.D. Smith — Thu, 03 Sep 2009 11:00:00 GMT

Business Examiner reports Tacoma Wages Higher than U.S. Average. Although this is good news, I am not convinced wages are high enough in general. Yes I know the economy is bad and many folks are happy to have jobs. But for all those individuals who bust their butts everyday, I say they deserve a raise.

The article is silent on Seattle wages but in any case, I feel bad for folks living in areas where the costs of living is high. I have always admired Tacoma and now I know why the folks are nice there; they are happy about their wages:)

New Rules for Total loss of vehicles

J.D. Smith — Wed, 02 Sep 2009 13:00:00 GMT

New Rules for handling total loss of vehicles went into effect August 21, 2009. There are three notable changes:

First, Amended definition of "Comparable motor vehicle" in WAC 284-30-320(3).
Second, WAC 284-30-390(5) was amended to include "If requested by the claimant."
Third, WAC 284-30-393 was amended to include "must be allocated first to the insured for any deductible(s) incurred in the loss."

Vehicle are often totaled during collisions, especially when older vehicles are involved. This is a source of frustration, particularly if the person(s) are also dealing with injuries. These new rules will hopefully aid in leveling the playing field with inurance companies.

Hospital Owns Up to Errors

J.D. Smith — Tue, 01 Sep 2009 03:30:00 GMT

Hospitals Own Up to Errors

In this case, 18-month-old Kaelyn Sosa suffered a bump on the head in a fall at home. Her mother took her to the emergency room to make sure it wasn't serious. While Kaelyn was under sedation in an MRI machine, her breathing tube was dislodged, cutting off her oxygen and causing a crippling brain injury. The hospital owned up to their error and entered into a settlement.

This happens so infrequently despite nearly 100,000 deaths resulting from medical errors. I wish every medical provider in Washington state would review this artical. In my experience, insurers for medical providers in Washington are reluctant to step up to the plate and admit fault even when the error is obvious.

Friends can sometimes be your best Mentors; A Special Thank you to my friends Ron Ward and James Williams

J.D. Smith — Fri, 28 Aug 2009 02:37:00 GMT

At every stage of my legal career, someone has mentored me. Some of my mentors were official mentors, others unofficial. All have made an important difference in my life and career. This article is to say thank you to two very special ABA members: James F. Williams and Ronald R. Ward. This article will focus on the importance of mentors.

Rarely a week goes by when I am not in touch with my friends Ron Ward and James F. Williams. These two gentlemen are two of the most eloquent and professional lawyers I have had the privilege to know. They each personify the nobility of the legal profession. Their positive energy and magnetic personalities are both uplifting and inspiring. I am honored to call them my friends. It is with heart-felt gratitude that I thank the ABA for fostering these relationships.

While I knew these two lawyers well before I became a member of the ABA House of Delegates, it was during my service in the ABA House of Delegates that I became closer to these gentlemen. They have each taken the time to make an investment in my career. My job now is to reach out to other attorneys and provide them with the same commitment, warmth and guidance. We are all familiar with the pressures and demands of a litigation practice. Literally we spend countless hours discussing case strategies, the business of practicing law and finding balance in our personal lives.

My service in the House of Delegates was one of the most rewarding experiences of my career. It was rewarding both because of the importance of the work but also the experiences which were made more meaningful knowing my friends were close at hand. It is true to say the entire Washington delegation is a tight-knit group. While James and Ron are good friends, Bill Neukom, Llew Pritchard and Paula Boggs were also instrumental in my development as a member of the House. Sonia Rodriguez, another close friend was appointed at the same time and we served together for four years. In addition, Sonia and I have served on the board of trustees of the Washington State Bar Association's Young Lawyers Division. We were both fortunate to receive guidance from several ABA members in particular the Minority Caucus. We served during the historic presidencies of Dennis Archer, Robert Grey, Mike Greco and Karen Mathis.

I could not write this article without mentioning Lembhard G. Howell. Mr. Howell has been an invaluable mentor to me for my entire legal career. Mr. Howell is one of the founders of the National Bar Associate Affiliate; Loren Miller Bar Association. Mr. Howell was the first person of color to serve on the WSBA Board of Governors paving the way for Ron Ward and others. He also served on the ABA Standing Committee on the Federal Judiciary. He spoke so positively about his experiences and subsequently encouraged me to serve in various capacities within the ABA. Like James and Ron, Lem is both an accomplished lawyer and special human being.

In 2004, Ron Ward became the first African-American President of the then twenty-eight thousand member Washington State Bar Association. Many have been quoted as saying Ron Ward was one of, if not the best President of the WSBA. President Ward created the Washington Leadership Institute. The mission of the WSBA Leadership Institute is to recruit, train, and retain Washington attorneys who have been admitted to practice for three to ten years for leadership positions in the legal community and in the WSBA. Program participants ("fellows") are selected with an emphasis on diversity (racial, ethnic, gender, sexual orientation, disability, cultural, and geographic). Ron asked James Williams to serve as the Inaugural Chair of the WLI. President Ward felt James had done such an exemplary job that he awarded him with the WSBA President's Award.

Mentoring is critical

We can all make a significant difference in someone's career as a mentor. Even a short phone call, a cup of coffee or a few e-mails can encourage someone. An invitation to a bar association event, community event or sport outing can lift someone's spirit. These types of investments serve to fulfill our obligation to improve the legal profession as a whole and can make a difference in the way the mentee perceives the practice of law.

I remember all the things I did not know when I started my first job. Several lawyers spent time explaining simple things to me. In some instances, it was technical expertise or ethical dilemmas and in other instances it was simply moral support.

My heart beats with incredible joy when I'm in court or trial or meeting with a new client. I'm a plaintiff's trial lawyer with a passion for justice. My friends are still my biggest influence.

Employees Right

J.D. Smith — Thu, 27 Aug 2009 21:14:00 GMT

Washington Supreme Court holds Employees in Washington do have some statutory protection of rights to band together to improve their working conditions.

Gig Harbor settles lawsuit

J.D. Smith — Wed, 26 Aug 2009 22:11:00 GMT

The City of Gig Harbor paid $175,000 to William Sehmel.

JD Launches New Website

J.D. Smith — Wed, 26 Aug 2009 21:40:00 GMT

J.D. Smith is proud to announce the launching of his new website.