Posts Tagged ‘State’

Valuating Intangible Harms in a Washington State Dog Bite Case

March 8th, 2010
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In Washington State, a person injured in any accident where negligence is an issue has the right to recover compensation for “intangible” damages. Such intangible harms are difficult to calculate because they include those subjective harms that the dog bite victim has experienced from the injury, including pain, agony, disability, disfigurement, loss of enjoyment, inconvenience, and mental anguish. These intangible harms are purely subjective, difficult to determine and their existence or degree may often vary among the people (or jurors) who are deciding the case. Ultimately, the value of a dog bite case is determined by the jury (or a judge if the case is a bench trial). When a claim arises, the injured person’s attorney and the at-fault person’s insurance company (and the defense attorney if the case is in litigation) continually try to evaluate how a jury might see the case and how much money a jury might award. Then each side will assign a value or a value range, and try to negotiate a settlement close to each side’s own range.

An attorney will use his or her experience and expertise to help establish a reasonable range of money into which a jury’s verdict might fall. Nothing is certain however. Any case can be lost at trial because juries are very unpredictable. You never know what group of people you will get on a jury. Two different juries can produce two very different verdicts, even when presented with the same evidence and testimony. You may get a “good” group of jurors or a “bad” group. Common to popular myth, you cannot “select” a good jury over a bad one. The law only allows each side to strike 3 jurors out of a panel of 30 to 40 people. Thus, a trial is always to a certain extent a gamble. There is no guarantee that a jury will reach a favorable verdict, no matter how good you or the attorney believe the case is.

As stated previously, sometimes it may take many months or years before the value of a dog bite case can be adequately assessed. One reason for this is because of the slow progress of the person’s recovery or rehabilitation. Another reason is the complexity of the injury or condition that may cause a significant delay in a firm diagnosis by the treating physician. Another reason is that it may take a long time before the person’s scarring and/or disfigurement is considered permanent according to the doctor.

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The Pre-Litigation Or Claims Process For Washington State Wrongful Death Cases

March 7th, 2010
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Obviously, losing a loved one in an accident is tragic and there is nothing that can be done to bring the person back. The last thing on your mind during a difficult time like this is the question, “How much should I be compensated for the loss of my loved one’s life?” To many, putting a dollar figure on someone’s life is both impossible and distasteful. Even so, Often times,, the only justice that can be achieved under the law for such a tragic loss is an award of compensation. In some cases, justice can come in the form of criminal charges filed by the state, but I see manywrongful death cases where the defendant’s conduct is fairly egregious and no criminal charges are ever filed for a variety of reasons. While the award that comes from a wrongful death suit will never bring the loved one back to life, in my work with families pursuing wrongful death claims, I often see that achieving a measure of justice helps families move forward in their grieving process.

Following a wrongful death in Washington, you may have been appointed as the personal representative to handle the estate. Your job may be to look out for the interests of the surviving children and/or the spouse. As the personal representative, you have a legal obligation to represent the best interests of the deceased person’s estate for the benefit of each beneficiary (e.g., child and spouse). This includes the obligation to pursue and/or file a wrongful death case if the facts support such a claim.

If a wrongful death claim does exist, then you are often dealing with the insurance claims process. More often than not, this is a minefield that is likely unfamiliar territory. In order to be successful at fulfilling your legal obligation as a PR, you must take this process very seriously on behalf of the deceased’s estate if you want to secure the family’s financial future.

Once a wrongful death occurs, the insurance claims process usually begins immediately. This means the personal representative and/or surviving family members must take immediate action. This action may include preserving all of the evidence from the accident, hiring experts to inspect any vehicles and/or the accident scene, and obtaining witness statements. Many times, important evidence will be lost if action is not taken immediately. For instance, vehicles may need to be preserved to ensure that important evidence can be examined by experts at a later time. If there is a dispute as to the facts of an accident you will need to make sure that the at-fault party does not destroy any critical evidence or information. The insurance company is looking out for its interest, which makes it very important for you to look out for the interests of the estate and surviving family members. Make no mistake – what the insurance company wants and what is best for the estate and family members are not the same thing.

Although the police may conduct an investigation into a fatal accident, like a motor vehicle accident that causes death, their investigation materials may not be available for a long period of time. The police investigation may not be thorough, or it may not address or include certain issues or questions that may be important or relevant in a subsequent wrongful death case brought by the deceased’s family. Sometimes, the police may not document critical evidence because it is not what they are looking for, or because they are focusing on a criminal prosecution and not a civil wrongful death action. The evidence that is important in a civil wrongful death case may not be the same evidence that is important or relevant in a criminal prosecution.

Every available piece of information should be gathered and kept so that it can be reviewed at a later time, either by an expert or an attorney. Experts know what evidence to collect, how to preserve it, and how to evaluate the importance or relevance of that evidence. Procrastination or lack of follow-through is usually the enemy in a wrongful death case because evidence can be lost or destroyed and this may impact the likelihood of a successful result.

Seattle wrongful death attorney Chris Davis is the author of ‘Wrongful Death in Washington State’ a guide book for families that are trying to navigate the confusing legal process following the accidental death in Washington State of a loved one. He is the founder and principal lawyer at Davis Law Group, a Seattle personal injury law firm know for its innovative approach. You can learn more by visiting: www.DavisLawGroupSeattle.com.

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North Ranier Elk Herd Management Plan – State of Washington

March 7th, 2010
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The North Ranier Elk Herd is one of ten within Washington State. It is located north of Mt. Ranier, in a range that includes King and Pierce counties. The majority of this herd’s members are location on the western slopes of the Cascade Range. However, there are also small populations located in pockets of habitat near suburban developments and cities, as well as in the foothills. This elk herd is of value both to the general population of Washington State as an aesthetic, recreational, and economic resource, and as a cultural, subsistence and ceremonial one to the area’s native people. In 1989, this herd numbered around 3,400 elk. It has recent declined to around 1,845 elk, a decline of forty-six percent. Current management objectives for elk population of this herd include an increase of herd size to around 2,800 elk.


The range of the North Ranier Elk Herd encompasses an area of about 2,834 square miles (7,341 km). The herd occupies the headwaters of both the Clearwater and White rivers in the north part of Mount Ranier National Park, as well as the greater Puyallup River drainage in the western part of that park. Land in the area is a mix of private, federal, and state ownership. The largest portion of the area belongs to the U.S. Forest Service, but there are also large parcels owned by industrial timber companies. Most lands, including federally and state owned land, are managed to produce timber. Forest Service lands are managed for a number of different uses, including recreation and wildlife, in addition to timber. There is an emphasis on management and growth of old growth forests in the Forest Service lands at this time.


Generally, this area consists of low to mid-level mountains, as well as forested terrain. Steep, difficult to access parts of the elk herd’s range include higher, snow covered elevations along the Cascade Crest. Elevations are between four hundred feet and 14,000 feet (the summit of Mt. Ranier). Elk occupy most of this range, up to nearly 7,500 feet, in alpine and sub-alpine meadows of the national park area during summer and fall. Most of the area belove timberline is covered in coniferous forest.


Originally, the herd area was made up of unbroken mature forest, with a large scale fire occurring about every four hundred years. Clear cut timber operations have greatly changed almost all the forests outside Mt. Ranier National Park, making the area a patchwork of young and recently clear cut forest. This has affected the distribution and numbers of the North Ranier elk herd.


Currently, the most elk in this herd live in the White River unit. This particular sub herd migrates between the high alpine meadows of Mt. Rainier National Park and their winter range in the north. The major migration routes include Buck Creek, Haller Pass, the West Fork White River, and Huckleberry Creek. Between fifteen and thirty percent of elk do not migrate.


Current management plans intend to make little to no change in the distribution of this herd. Commercial and recreational timberland allow for growth in population, and elk near urban and suburban development will probably continue to decline. Elk-human conflict in these areas is expected to increase, meaning that there will be more nuisance complaints and concerns about damage caused by the animals.


Plans for the management of the North Rainier Elk Herd include better data collection to improve over all management, general increase in numbers, and providing opportunities for hunters without causing numbers to decline. Post hunting season numbers should exceed a ratio of twelve bulls for every hundred cows. Local hunting of black bear and cougar is intended to be coordinated to maintain the elk population appropriately, as the numbers of these predators have increased in recent years. In addition, cooperation with local tribes is planned, in order to help implement the conservation and management of these animals. In areas where elk expansion is desirable, partnerships are to be developed in order to increase the amount, availability, and quality of elk habitat.

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Washington Wizards vs Golden State Warriors Live Streaming

March 6th, 2010
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Watch Free Basketball picks Washington Wizards vs Golden State Warriors Live Streaming online free December 18, 2009 NBA Regular Season – The game start time 10:30 PM ET at Stadium: ORACLE Arena, Oakland. TheWashington Wizards have been coming up just short in their losses. The loss of players to injury is leaving the Golden State Warriors very short-handed. The Wizards look to snap a six-game losing streak Friday night against a Warriors team that continues to contend with depth issues.


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What Is Wrongful Death: Establishing Negligence In Washington State

March 6th, 2010
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A wrongful death is one that is caused by the negligence or wrongful act of another. A wrongful death case refers to the type of claim that may be brought on behalf of certain surviving relatives to recover compensation against the party responsible for causing that death. Specifically, Washington law defines this cause of action as the death of a person “caused by the wrongful act, neglect, or default of another.”

A wrongful death occurs when a person dies as a result of the wrongful or unlawful conduct of another person or entity. The wrongful conduct can be intentional (e.g., assault or murder) or unintentional (e.g. carelessness, negligence or malpractice). Of course, an individual person can cause a wrongful death. But a nonperson, like a corporation or governmental entity, can also be legally responsible for a wrongful death. For instance, if a person causes another’s death while on the job, this may give rise to a wrongful death claim against that person’s employer as well.
When a wrongful death occurs, Washington law states that only certain designated surviving relatives may pursue a cause of action against the responsible party. If these relatives do not exist, a wrongful death action may be pursued only on behalf of the estate (but the damages which may be recovered are limited). This will be explained further in the chapters that follow.

To understand a wrongful death claim, you must also understand the principle of negligence. Most wrongful death claims are based on the wrongful act of negligence committed by the responsible party. The term “negligence” is simply defined as “the failure to exercise ordinary care under the same or similar circumstances.” Thus, to prove a wrongful death claim, you must show that the person who caused the death was acting careless in some way.

Sometimes, it can be fairly easy to determine whether a person was negligent and that the negligent conduct caused another person’s death. For example, many wrongful death cases involve automobile accidents. A driver who causes another person’s death by violating a traffic law (e.g., running a stop sign or crossing the center line) is negligent for being careless in that specific situation. As a result, a wrongful death claim may be pursued against that driver because his negligence caused the death of another person.

Sometimes, it can be more difficult to determine whether someone’s death was caused by negligence. For instance, in a medical negligence case, the question of whether a physician acted carelessly may be more complex and difficult to determine. In this type of case, the law usually requires that another physician give an expert opinion about whether negligence has occurred.

It is important to note that a finding of negligence against the wrongdoer is just one element that must be met before a wrongful death case may be successful. Other requirements may include the existence of a proper wrongful death beneficiary (e.g., a designated surviving relative like a spouse or child) and that certain damages have been incurred.

Seattle wrongful death attorney Chris Davis is the author of ‘Wrongful Death in Washington State’ a guide book for families that are trying to navigate the confusing legal process following the accidental death in Washington State of a loved one. He is the founder and principal lawyer at Davis Law Group, a Seattle personal injury law firm know for its innovative approach. You can learn more by visiting: www.DavisLawGroupSeattle.com.

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Washington State Babysitting Providers – Screen Skilled Sitters!

March 4th, 2010
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If you wish to find Washington state babysitting providers by availing yourself of the internet, it would be wise beforehand to acquire the knowledge of how to use the web-based babysitter seeking system to best be able to determine who will be the best caregiver for your children. Taking advantage of the services of an online agency for looking for and meeting suitable babysitters can be discovered to be a quick and inexpensive way to go. No matter if you are looking for an adult babysitter or a college babysitter, professional online babysitters agencies will get you on your way to finding the appropriate baby sitter for your family.

Be assured that misgivings are normal but unnecessary in this case – in spite of the fact that the successful search for a baby sitter takes more effort than spending a few minutes on the computer, baby sitter locating organizations are set up to help you throughout the entire course of locating, researching, and offering employment. Top quality childcare provider sites are where families and the best sitters come together in order to establish a suitable relationship that makes everyone happy.

If you aspire to be able to find Washington state babysitting providers then you should begin by finding a childcare provider referral firm with a good reputation that meets certain criteria, as follows – it’s a firm that you’re familiar with and has been featured in family-oriented tv programs, you can read sincere and positive feedback from families who are completely satisfied with the services they offer, their web page is user-friendly, simple to navigate, and included on the site is an extensive resource section which supplies information and hints on many parts of the process, including what questions to ask in an interview, how to conduct a background check, and what salary is likely to be expected.

Furthermore, before registering with a baby sitter finder service, you should find out whether you’ll have the ability to carry out a no-charge search that will enable you to check out the records of all the caregivers listed with the organization. Only a few simple steps are required – you just need to enter the zip or postal code for your area and tell the system what you require in a childcare provider and the babysitter locator application will, in just a few seconds, display a number of possibilities for caregivers with the necessary qualifications and who reside 100 miles or less away from where you’re located.

Prior to making the commitment to join the group you think will offer the best service to hire Washington state babysitting providers there are a few more things to verify – how to pay, whether their service is guaranteed, and whether or not it is an easy process to contact their customer support department if required. If you have an urgent requirement for an independent child care provider near you immediately, get started locating the right one for you in a matter of moments.

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Tree Houses Not Just For Kids In Washington State

March 3rd, 2010
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What child in the U.S. has not dreamed of having a tree-house?   To climb a sturdy ladder that lifts you into the branches of a strong tree, where you can hide among the leaves and watch the world go by from the comfort of a secret hideaway?

These imaginative dreams can become reality for adults in the lush wooded areas of Washington State.  With homes sitting hundreds of feet in the air, the views are often breathtaking for people whose hearts lift with proper elevation.

There are several builders in Washington who specialize in tree house construction.  Designs can be both simple and elegant, but all architecture must be done around the tree.  Important factors to consider when designing a tree house are allowing for continuing growth of the tree while also stabilizing the house for inclement weather like windy days. Key to a safe design is allowing walls to be self-supporting (independent of the tree), but also strong enough to hold up the roof.  Some tree houses are designed with stilt foundations (like beach houses), but the actual rooms and walls weave in and out of branches.

The interior of a tree house should be simple, but light-weight furnishings could include beds, couches, tables and décor that are only limited by your imagination.

The downside of this high-rise real estate is potential loss of the comforts of modern life. For example, while plumbing is possible, it may need to be done in a way that promotes composting.  If you want running water, tree kits are available with this feature, but be sure your Washington real estate building permit allows this.

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Washington State Wrongful Death Claims

February 27th, 2010
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Wrongful death claims in Washington State are complicated and are often very expensive to pursue. They require a thorough understanding of Washington’s complex wrongful death statute, the laws of probate and estates, and the case law decisions that have developed for these types of claims over many years. The expense of a wrongful death case can also be quite high. Many times wrongful death cases require expert testimony in many different fields of study. It may be necessary to hire numerous experts to prove various elements in the case and/or to improve the likelihood of a successful outcome. For these reasons, you will want an attorney who is experienced in handling wrongful death cases and who also has sufficient resources to pursue the case all the way to trial, if necessary.

Wrongful death cases also receive special attention from insurance companies. Usually, the most highly experienced and trained adjustor is assigned to the wrongful death case in an effort to either completely avoid responsibility for the death, or to minimize the amount of compensation that the carrier must pay to resolve the claim. Dealing with a trained insurance adjustor without the guidance of an experienced wrongful death attorney is not a level playing field. If you are now dealing with the aftermath of losing a loved one, then you may be suddenly faced with problems that require immediate attention, like: -The need to arrange and pay for a funeral -Starting a probate action and/or hiring a reputable probate and estate lawyer -Addressing claims by healthcare providers to pay medical bills -Making sure there is enough income to take care of basic living expenses for surviving family members -If there are children, making sure the needs of each child are being met -If life insurance exists, then meeting the claim requirements of the carrier -Addressing the legal repercussions of a claim that may exist

As a surviving family member, you have the right to hold the negligent party accountable for their actions, and may be able to recover damages due to your loved one’s death by filing a Washington wrongful death lawsuit. The damages you may be entitled to may include compensation to pay for medical bills, funeral expenses, loss of wages (possibly future estimated losses), and pain and suffering.

Every case in Washington is unique and involves elements which must be thoroughly examined and investigated, which is why it is imperative that you hire a Seattle wrongful death lawyer who is skilled in the area of Washington wrongful death law.

Seattle wrongful death attorney Chris Davis is the author of ‘Wrongful Death in Washington State’ a guide book for families that are trying to navigate the confusing legal process following the accidental death in Washington State of a loved one. He is the founder and principal lawyer at Davis Law Group, a Seattle personal injury law firm know for its innovative approach. You can learn more by visiting: www.DavisLawGroupSeattle.com.

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Expungement ?benefits of Clearing Your Criminal Record in Washington State

February 26th, 2010
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In Washington State, a criminal conviction can be expunged if you meet the criteria. 

Expungement of criminal records is often misunderstood, because there is a lot of misinformation about expungements and what benefits an expungement provides.  In Washington State, expungement of a criminal record or criminal conviction is called Vacating the Criminal Conviction.  Expungement is the common lay term people are familiar with, while Vacating is the legal name.

People sometimes forget about an old criminal conviction, particularly a minor conviction, until they go after a promotion or try to buy a firearm.  And that old criminal conviction pops up.  Having a criminal conviction expunged provides benefits beyond merely clearing your record.  Following are the five most common benefits of an expungement in Washington State.

1.  Employment
After your criminal conviction is expunged, Washington state law permits you to state you have not been convicted for employment purposes.  The conviction is removed from the official state criminal history record, and a criminal history check indicates you do not have a criminal conviction.  The expungement vacates the criminal conviction, making it easier to apply for a new job or gain a promotion in your existing job.

2.  Erase an Unpleasant Past
Many people with a criminal conviction on their record, especially a minor conviction, obtained the conviction as a result of poor judgment many years in the past.  They are no longer the same person, but are being disadvantaged as though they were because the conviction is still following them.  Clearing a criminal record helps wipe the slate clean.

3.  Renting an Apartment or Qualifying for a Home Loan
Expungement does not directly affect these, but it can help.  Clearing your criminal record makes it easier to pass a background check.  With background checks increasingly common, particularly for renting an apartment, expunging a criminal conviction makes for one less hurdle and less stress.

4.  Own a Firearm
In Washington State, one of the criteria for restoring your right to possess a firearm (for some crimes) is whether the criminal conviction that caused suspension of the firearm right has been vacated.  Having the conviction expunged allows you to restore your firearm rights and purchase or possess a firearm.  This can be a big benefit for hunters.

5.  Getting a professional or other license for employment.
Washington State law permits you to state you have not been convicted for employment purposes.  However, you might still be required to disclose a criminal conviction, even if expunged, for certain types of licensing requirements.  Having the criminal conviction expunged closes the book on it and demonstrates you fully complied with all requirements.  Clearing your criminal record also shows you exercised responsibility in taking all legal steps available regarding your conviction.

A criminal conviction can be expunged in a few short weeks in Washington State.  Expungement offers a variety of benefits, including clearing your criminal record and removing an unfavorable past.  If you have a criminal conviction, then you should take advantage of the legal rights available to you.

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Expungement ?An Easy To Understand Overview Of The Process For Clearing Your Criminal Record In Washington State

February 26th, 2010
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If you have a criminal conviction or arrest record in Washington State, then you might already be familiar with the many ways the record can inconveniently affect you.  From employment -not getting the promotion or job you want, to not qualifying for a loan, not being able to rent an apartment, and a variety of other embarrassing situations.  An expungement of the criminal record might be the right answer for you to clear your name.

Expungement of criminal records is not easily understood. If you have searched on the Internet for any amount of time, you already know there is quite a bit of misinformation about expungements.  While the term “expungement” is widely used to describe clearing your criminal record, “expungement” does have a specific legal meaning.  Even so, on my website I do refer to the expungement process generically because it is the term most people are familiar with.

In Washington State, expungement of an actual criminal conviction is called Vacating the Criminal Conviction.  However, Expungement actually refers to destroying a criminal record that contains only “non-conviction data”.  Non-conviction data refers to a criminal record where you were not convicted.  This could be an arrest where no charges were filed, or a situation where charges were filed but dismissed outright.  Non-conviction data does not include a dismissal of charges if the dismissal followed a deferred sentence.

Many people I’ve helped expunge a criminal record are confused about this point -and understandably so.  In Washington State, courts sometimes defer a sentence after a person pleads guilty to a misdemeanor.  In this situation, the person pleading guilty must complete certain conditions, and when the conditions are successfully completed the court dismisses the conviction.  But here is where the confusion arises.  The charge is dismissed, but the conviction continues to show on the person’s record.  So, in other words, the charge is dismissed but doesn’t go away.

With an actual criminal conviction, expungement is technically not available.  Instead, in Washington State the criminal conviction must be vacated.

Expungement of non-conviction data is a relatively simple process.  A request in the proper form is made to the law enforcement agency that made the arrest, and to the Washington State Patrol which keeps the official record.  When the expungement is complete, the record is destroyed and no longer shows in the database.  The expungement request can be declined by the law enforcement agency if you have a subsequent arrest or criminal charge.

A criminal conviction is removed from the record when a court enters an Order Vacating the conviction.  The result is very similar to an expungement.  The conviction no longer shows in the database, however the court file continues to exist.  There is no law in Washington State that permits destruction, or expungement, of a court file.  Even sealing the file does not expunge the file.  Sealing removes the file from public inspection, but the file still exists in the court.

While the expungement process sometimes appears confusing, it really is not.  As you can see in this article, Expungement refers to deleting non-conviction data such as an arrest record.  A criminal conviction must be vacated by a court.  After it is vacated, Washington State law permits a person to state he or she has never been convicted of a crime.  With either expungement or vacating, after the process is complete a person can put away an unhappy and sometimes embarrassing chapter of his or her life.

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