Recent Blog Posts

Can a bicyclist be at fault for my accident?

Ward Smith, PLLC — Wed, 13 Mar 2013 23:50:00 GMT

The state of Washington expects bicyclists to follow the same laws as motor vehicles and therefore treats them the same way in the event of an accident. Under RCW 46.61.755, a bicyclist has the same rights and responsibilities as a driver of a vehicle, which means they must respect the same rules as drivers, including traffic signs, right of way, and cell-phone use. If bicyclists fail to do this, then they may be subject to penalties and will be held responsible for any accident that they cause.

It is important to note that bicycles have additional rules that they need to follow. For example, there are some highways that are closed to bikers for their own safety. These may include high speed freeways or areas that are under construction. Bicyclists also should be aware that there are safety requirements for night riding. According to RCW 46.61.780, all bicycles should have a light that produces visibility for 100 feet in front of them and a rear red light that is visible 600 feet behind them.

Cyclists that are riding in traffic are supposed to stay in the right lane of traffic if they are going at a slower speed. If it is a one way street, then they may also ride to the far left. They are also are permitted to ride side by side, but only two abreast, except on bike paths or roadways that are specifically for bicycles (RCW 46.61.770)

If you have been in an accident with a bicyclist, it may not be your fault. Speak to a Seattle personal injury lawyer at Ward Smith PLLC to find out if you can recover damages for your accident. We have almost 50 years of combined legal experience, so you can rest assured that we can competently handle your case. Contact our firm as soon as you can for more details.

Monster Energy® Faces Lawsuit over Teenager's Death

Ward Smith, PLLC — Tue, 05 Mar 2013 17:16:00 GMT

Last year, the family of a fourteen year-old girl filed a lawsuit against Monster Energy® beverages because she went into cardiac arrest after drinking two 24 ounce Monster drinks within a day. Monster is now fighting back, saying that a blood test was not performed to make sure that the girl actually died of caffeine toxicity. The medical examiner had concluded that caffeine was the cause of her death when her mother informed the office that she had drunken two of the energy beverages before she died.

The Food and Drug Administration (FDA) is investigating other deaths that are supposedly related to Monster, about five in all. The attorney for the girl's family says that the fact that the young lady went into cardiac arrest soon after drinking the Monster is evidence enough of the drink's effect. Monster currently has labels that say the drinks are not for pregnant women or children, but do not clearly define children. The attorney says that their marketing campaign is specifically geared toward younger people, so the word "children" is misleading to many.

Monster says that it officially targets persons 18-34, but also maintains that the drink is safe for children, having less caffeine than a 16 ounce Starbucks coffee. The beverage company, who has enjoyed huge popularity in recent years, says that it will now begin to put caffeine levels on the can.

If your loved one has died as a result of someone else's careless actions, then you have a right to demand compensation from those responsible. Wrongful death can be extremely distressing for those involved, so ease the legal burden by getting in touch with a Seattle personal injury lawyer from Ward Smith, PLLC. We have successfully won cases for clients in many various types of personal injury cases, and we may be able to help you too!

Debunking Washington's Dog Bite Law

Ward Smith, PLLC — Mon, 07 Jan 2013 17:00:00 GMT

From state to state, the laws that govern animal behavior vary, and in Washington, the ins and outs of the state's regulations can be confusing for residents who are not familiar with them. Therefore, we are here to break down the stipulations of the law and offer an insider's look at the rules that stipulate how negligent pet owners, aggressive animals, and wounded victims each fare when an attack happens in Seattle.

In the state of Washington, the victims of dog bites and other animal attacks are given considerable favor – a benefit that should be not be disregarded or easily dismissed, because residents of many other states do not benefit in the same way. Simply put, Washington's dog bite statute favors the victims of these types of attacks. The law puts strict liability on the owner of a dog that has bitten another person, generally making it the owner's responsibility for any injuries that were sustained during the attack.

Special to the dog bite law established in Washington is the consideration of an owner's advance knowledge, also referred to as "scienter." This is a consideration that is not made in every state, and it pertains specifically to an owner's knowledge that the animal could be capable of any type of injurious behavior or attack prior to one actually happening. In essence, if it can be proven that a dog owner in Washington was aware of a pet's past indiscretions or the propensity for such, the owner (or keeper) of the animal can be held accountable for future misbehaviors of a similar nature.

Washington's dog bite law also calls into question behaviors that could be taken as negligent on the owner's behalf. These can include unreasonable failure to control the animal on any given day, as well as any type of owner inaction which could have resulted in harm to an innocent person. If it can be argued that negligent inaction is the proximate cause of a dog's attacks, and a victim's subsequent injuries, the dog owner will, again, be held responsible.

The one area in which Washington lawmakers have eased in regards to dog bite regulations is that concerning landowners. Generally, the law assumes that landlords will be protected from liability for any injuries that were incurred by a dog while on their premises. The exception to this rule, however, is if the attacking dog personally belongs to the landowner. Assuming that the canine is not the property of the landowner on whose premises the attack occurred, there will be no responsibility attributed to the landlord in question.

The information listed above is only some of the immense amount of information about dog bite laws that can be found in the state of Washington. Even more facets to this law exist which cannot be reasonably explained on paper. From negligence liability, to local ordinances liability, to statutory liability, many considerations are made when a dog bites or attacks another person in the state of Washington. What is most important to remember in these circumstances, is the undeniable fact that victims of dog bites are legally entitled to compensation, and an attorney should be obtained to help ensure that the victim rightfully receives the damages that are due to him or her at this time.

At Ward & Smith, PLLC, we recognize that dog bites are not to be taken lightly. Serious injuries and illnesses can develop from an animal attack of this nature, and if the owner of the canine is not legally held responsible, there is no way of ensuring that the victim will be compensated accordingly. Therefore, our personal injury practice extends to victims of dog bites and attacks. Under the direction of a Seattle personal injury lawyer at our office, victims can claim owner negligence, or one of the many other types of negligence that have been associated with cases of this nature. We encourage you to contact us today for more information about your potential case.

The Seattle Personal Injury Attorneys for You

Ward Smith Law — Thu, 03 Jan 2013 19:46:00 GMT

If you have been injured recently and are looking for a lawyer who can take up your case, then you need a Seattle personal injury attorney from Ward Smith PLLC Attorneys at Law. The lawyers at this firm are dedicated to their clients from the beginning to the end of every case. They understand that you are an individual that is going through a difficult trial in your life at present. You don’t need a money-hungry attorney bedside you trying to usurp your finances. Instead, you want a caring and compassionate helper who will work to the best of his ability to get you the money that you deserve after your suffering. At Ward Smith, the lawyers are capable of taking on a variety of cases. They can handle auto accident claims and are able to litigate when a person is harmed in a railroad accident.

The firm will also take on cases regarding product liability and will go up against insurance companies and defendants in motorcycle accidents. Whether you were harmed by a dog bite or are the unfortunate victim of a catastrophic injury that could have been prevented, you need an attorney there to help you. This firm is also well-versed in medical malpractice cases and handles many birth injury allegations. Sometimes, children may suffer the effects of a birth injury their whole life, so if your child was harmed because of a doctor’s negligence then you have the right to a large settlement for your suffering. Ward Smith also deals with intentional conduct claims and will seek compensation on your behalf in the event of a boating injury. The firm takes on trucking accidents and will deal with any slip and fall claims.

There are a lot of things that set Ward Smith apart from other personal injury attorneys in the Seattle area, but one of the greatest benefits to hiring this firm is their contingency fee payment method. Because they operate on a contingency fee, you don’t need to pay a dime until you receive earnings from your case. If you don’t obtain a settlement as a result of the case, then you will not need to pay your Ward Smith lawyer at all. The firm believes that you are already suffering as you scramble to pay medical bills and deal with the financial devastation of lost wages during your recovery. You don’t need to spend what little money you have left on a lawyer before you are even sure that your case will be successful.

At Ward Smith, the firm wants to help you, not hurt your pocketbook. This is why they want to schedule a consultation with you and negotiate a percentage price for their services. When you hire a lawyer from this firm, you will sit down with that individual and get to know him or her better. You will then be able to agree on a percentage payment which will be taken out of whatever earnings you receive. This means that if you receive a low settlement, your lawyer will receive a lower payment. Not only is this contingency fee payment plan risk free for you, but it is also great motivation for your lawyer. The attorneys at Ward Smith understand that the harder they work the larger their settlement might be. The larger their settlement might be, the more that this attorney will get paid. You will not pay any fees out of pocket, it will all come out of the settlement that you win in your personal injury case.

With a contingency in place, you will only gain and won’t need to worry about losing money and gaining nothing in return. Not all personal injury cases go to trial. In fact, many personal injury cases will be negotiated outside of court with an insurance company. Without a professional attorney on your side, the insurance company may offer you an extremely low settlement. You need an aggressive and fearless attorney to come alongside you and advocate for a larger sum of money. You should never settle for less than you deserve, especially in personal injury situations. When you hire a Seattle personal injury attorney, you are showing that you mean business. You can head to your insurance company and show that you are not willing to walk away with the minimal amount. Instead, you need to hire an attorney who will fight for you. While most personal injury cases are settled outside of court, the lawyers at Ward Smith are willing to do whatever they have to in order to get your maximum compensation.

When you hire Ward Smith to take on your case, you will get a lawyer who will ask for compensation on your behalf that covers all of your medical costs, all future wage loss as a result of the injury, all transportation costs as a result of the injury and the loss of wages up to the date of the case. As well, the firm will seek compensation on your behalf for vehicle replacement, the loss of companionship, treatment facility expenses, any disability, any loss of enjoyment of life and disfigurement. If you experienced pain and suffering because of your injury, you may be able to obtain compensation for this as well.

Another reason that Ward Smith Law is set apart is because some of the lawyers at the firm have been included in Washington's list of Super Lawyers®. This is a unique accomplishment that is only given to the best lawyers in the state. These attorneys need to display an impressive track record, numerous successes, industry recognition, and a care for clients that surpasses most. If you want to hire the firm to work on your case, then you can call then at (866) 798-4135. The firm has an office that is located at 1000 Second Avenue Suite 4050 Seattle, WA 98104-1023. From this location, they are able to serve the citizens of Kent, Seattle, Kirkland, Redmond and Bellevue. No matter where you are in Washington, chances are that the lawyers at this hardworking firm can help.

If you want to get to know the attorneys at this firm better, then you can look up Ronald Ward, David Reed and JD Smith on Avvo. You can also read more about the firm on Merchant Circle. If you are a social media enthusiast, you can also use some of the most popular social networking platforms to get more acquainted with the firm. They are listed on Google+ if you want to get more information about how the firm works and operates. You can also learn more about the firm by looking them up and liking their page on Facebook.

This firm means business when it comes to Washington personal injury, and they are more than willing to take a look at your case and potentially tackle your situation. You can read their client testimonials if you want to learn more about the firm and see what others are saying about their accomplishments. As well, you can learn about the firm by reading their impressive case results. Your case may be listed among these in the future! Do not hesitate to get ahold of Ward Smith PLLC today to get started on your case!

NHTSA Releases Early Reports of Car Accident Fatalities for 2012

Ward & Smith, PLLC — Thu, 03 Jan 2013 00:51:00 GMT

Every year, the National Highway Traffic Safety Administration offers its latest statistical report on the vehicle collisions that ended fatally for victims in the U.S. Only two days into 2013, the administration has already released tentative reports for the 2012 year, accounting for the first 9 months of the year (January to September 2012). The results? According to the recent projection, it's estimated that at least 25,580 people lost their lives in traffic fatalities in areas throughout the U.S., the state of Washington included.

Compared to the same nine months of the previous year, 2011, this projected number reflects an increase of 7.1%, up from the 23,884 fatality crashes to occur only a year before. Such a significant increase could be the result of the coinciding increase in the total number of vehicle miles that were traveled between January and September of 2012 as compared to 2011. Whatever the reason, however, the statistics inarguably show that the number of lives that were lost last year from traffic collisions alone is cause for concern.

The statistics that were just issued by the National Highway Traffic Safety Administration are particularly concerning considering the fact that the nation, as a whole, has exhibited a downward trend in vehicle collision fatalities for several years now. In fact, the 7.1% jump is the largest increase that the U.S. has experienced in vehicle collision fatalities since 1975; which, coincidentally, was the very first year that NHTSA began collecting such data on auto accidents in the country.

The data used to collect the statistics that we are now looking at is still being assessed by members of the National Highway Traffic Safety Administration, of whom are still working to obtain numbers from the rest of the year. Given that the first quarter of 2012 alone is the impetus for the rest of the year's dramatic increase in auto accident fatalities, it is easy to assume the worse for the remaining three months of the year that have not yet been accounted for. During the second and third quarters of 2012 alone, 4.7% and 4.9% increases in accident fatalities were felt. We will have to wait to see what the 4^th quarter of the year will bring.

Statistics such as those which have been assessed and released by NHTSA officials are very symptomatic of the increasing concern that the Seattle personal injury attorneys at our firm have felt for decades now. With more than 30 years of experience in the practice, we have seen too many grieving families file wrongful death lawsuits on behalf of a loved one whose life was claimed in a motor vehicle accident that could have been avoided. The innocent lives that are lost in accidents of this nature deserve to be recognized just as much as those that are injured in non-fatal accidents. Unfortunately, fatality victims are not given the chance to take the same legal actions as are other injury victims.

At Ward & Smith, PLLC, our personal injury practice extends to the families of fatality accidents as well as injury victims. For the families that have lost a loved one in a fatal auto accident such the ones that claimed the lives of no fewer than 25,580 people in the first 9 months of 2012, we are here to help. Until the roads become safer, and reckless / negligent drivers are removed from highway, we can expect to continue suffering from the tragedy brought on by fatality car crashes in Washington and throughout the U.S. As such, residents of Washington can also expect our firm to be on hand to help victims and their families.

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.