Representing People with Neck and Back Injuries

Neck and back injuries are the most common types of injuries that happen in auto collisions. For example, in a rear-end collision, the victim’s head is often jerked back and forth rapidly. This sometimes forces the muscles in the neck and back to over stretch and cause severe swelling and pain. Although most strain and sprain injuries can be resolved with physical therapy or chiropractic treatment, a small percentage of these injuries produce chronic neck and/or back pain.

A serious neck or back injury can also involve the disks in your spinal column. The disks in your spine are plate-like structures found between the vertebrae in your back and neck. If one or more of these disks are herniated or ruptured, it can put extreme pressure on the spinal nerve roots and cause significant pain.

Typically, an MRI, CT scan, or other advanced imaging technology is performed to identify any potential disk damage (bulging, herniated or ruptured) or an x-ray to disclose possible fractures. However, connective tissue injuries (sometimes called "soft tissue injuries") to the neck and back often are not disclosed by any form of imaging. As a result, recovering reasonable damages for connective tissue injuries is usually more difficult because of the absence of indisputable test results.
Neck and back injuries are often debilitating, and could require expensive surgery, follow-up medical care and physical therapy.

Do not accept any offer from an insurance company before you speak with a lawyer. Many large insurance companies have adopted settlement policies that encourage their adjusters to offer quick payments to persons involved in a collision. Insurance adjusters will contact you or your family shortly after a wreck to try to gain your confidence. In doing so, insurance adjusters often try to present themselves as the friend of the injured person or the family of the person who was killed in an collision. The goal of such contact is to settle the case on terms as favorable as possible for the insurance company.

Please remember that it is crucial to act swiftly after you’ve been injured. The sooner you involve a lawyer, the better we will be able to preserve evidence, gather essential witnesses, and address any other important factors.

If you've been injured in an auto collision, you deserve reimbursement for your medical expenses, payment for past and future income loss, full compensation for pain and suffering, and peace of mind in knowing your financial interests are being protected. Give us a call at 253.858.5434 to make an appointment for a free initial consultation.

Helping Boards of Directors Prepare Corporate Resolutions

We serve as general counsel to numerous small businesses and nonprofit organizations. We are often asked to attend their Board of Directors' meeting and help prepare their corporate resolutions and other documents. A board of directors can decide to write up a resolution for most any reason they choose. Resolutions are often written for the following reasons:

* To document that a new member of the board was voted in
* To record a major decision made or policy adopted at a board meeting
* To document a decision made by the shareholders of a corporation
* When a small business wants to hire new employees
* When a company wishes to sell shares in the corporation
* When a nonprofit organization wants to delegate funds to a certain project
* When an organization wants to enter into a relationship with a bank, the bank will often require a banking resolution for its file to show who's authorized to sign for bank accounts

If your small business or nonprofit organization needs help with preparing its corporate resolutions, give us a call at 253.858.5434 to see how we can help.

Preparing and Reviewing Contracts for Small Businesses

Starting and running a small business often involves a staggering number of contracts and processes, whether it's a simple invoice for an order (which technically is a contract), a partnership or shareholders' agreement, an employment compensation agreement, or a customer service contract. It's important to get acquainted with the various types of contracts and forms your business may encounter. Remember, contracts are legally enforceable and usually benefit from the skilled eye of a trained legal professional.

We serve as counsel for numerous small businesses and nonprofit organizations. If we can be of service to you and your business, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Appointing a Guardian for Your Children is a Big Part of Your Estate Plan

Parents usually intend to create a Will and name a guardian in it for their minor children. Unfortunately, we all know someone who has died suddenly and unexpectedly, long before their time. When that happens, and the person who died leaves behind a minor child who does not have a surviving parent, a guardian must be appointed. Even if a guardian is named in a Will, the court must approve that selection.

If the deceased parents of the child did name a guardian in their Will, that person will be given priority to serve as guardian, but is not guaranteed to be appointed. If the minor child is 14 or older, his or her wishes as to who should be their guardian will carry a lot of weight with the judge.

Several documents must be filed with the court in the county in which the child resides in order to begin the process of appointment of a guardian. These include a petition for the appointment of a guardian, a complete listing of the minor child's next of kin with addresses, and a Notice of Hearing to set a date and time for the hearing on the petition. Any interested person can initiate the proceedings.

After the necessary forms are filed, the hearing date is set. The minor's next of kin must be properly served with notice of the hearing. If no one is contesting the appointment of the proposed guardian, Letters of Guardianship will be granted at the close of the hearing. If the appointment is contested, the judge may issue a decision at the hearing or may issue a written opinion later after having heard evidence from the parties.

If you need to pursue or contest a guardianship of a minor whose parents are deceased, give us a call right away. To minimize the risk of a contested guardianship action for your own children, make sure to appoint a willing and able guardian for them in your Will or in your Power of Attorney for Children's Health Care.

Estate Planning for Young Families

A lot of young parents put off estate planning. If asked, they often say they are too young and healthy or it's too expensive. Some have trouble just thinking about what could happen if they should die while their kids are depending on them. But even a healthy, young adult can be taken suddenly by an accident or illness, and those with young families need estate planning precisely because others are depending on them. Of course, you are not expecting to die while your family is young, but planning for the possibility is being a good, responsible parent, and it shows your family how much you care.

A good estate plan for a young family will include naming someone to administer the estate (a Trustee or Personal Representative), naming a guardian to care for minor children, providing instructions for the distribution of your assets, and naming someone to manage the inheritance for the children until they become adults. It will also include reviewing your insurance needs and planning for disability.

Estate planning will require you to think about family relationships and some decisions may be difficult. But we can help you through the process, provide valuable guidance, and make sure your plan will do what you want when it is needed. If finances are tight, as they usually are for young families, start with the most essential legal documents and term life insurance, then update and upgrade your plan as your financial situation improves. The most important thing is to not put this off. Once your plan is in place, you will have peace of mind that your family will be protected if something should happen to you.

We have been providing estate planning legal services to families for over 20 and are licensed to practice law in Washington and Idaho. If we can be of service to you, your family, friends, neighbors, or co-workers, give us call at 253.858.5434 to make an appointment. We are available to meet in person, by phone, or via Skype or FaceTime.

The Importance of Medical Records in a Personal Injury Case

Failure to act with reasonable care is considered negligence. When you are injured because of someone's negligence, such as in an auto or motorcycle collision, you may file a personal injury claim asking the negligent party to repay you for the damages you suffer. Damages may include medical expenses, lost wages, and compensation for pain and suffering. Deciding on the amount of your damages can be difficult, especially if you'll need treatment in the future. Medical records and examinations can help with that process by revealing the extent of the injury, as well as any ongoing conditions or problems resulting from the injury.

The main source of information regarding your injuries and damages is your medical records. Records from the hospital, doctor's office, physical therapist, chiropractor, and other providers can show what injuries you suffered, how much pain you experienced, what treatment was given, and how the injury affected and will continue to affect your life. Be sure to seek medical help immediately after any injury. Earlier medical records can show your condition before the injury, including previous injuries that might have affected the same part of your body.

Personal injury law is complicated and every case is unique. If you, a family member, friend, neighbor, or co-worker has been in an auto collision and need legal advice, give us a call at 253.858.5434 for a free initial consultation.

Categories of Legal Needs Small Businesses Face in the Early Stages of Starting Up

When you're starting a new business, there are a lot of things to consider when hiring your business's lawyer and most of them depend upon what exactly you're hiring them to do. There are four broad categories of legal need that startups will typically encounter in the early stages:
1) Corporate Formation
2) Financing
3) Website/Customer Agreements
4) Day-to-Day Legal

It's not easy to find and hire the right lawyer for you and your company, and it’s the challenge every company faces. For your company’s general counsel, having a fit on cost, rapport, responsiveness, and approach is by far the most important thing to look for.

For the past 20 years, we have served as general counsel to nearly 100 small businesses, nonprofit organizations, and churches. If you're starting up a new business and need legal assistance, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Why is Probate Necessary?

The main purpose for probate is transferring title of a decedent's property to their heirs and beneficiaries. If there is no property to transfer, there is usually no need for probate. Another function of probate is to provide for the collection of any taxes due by reason of the deceased’s death or on the transfer of their property. The probate process also provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to f...ile claims, and for the distribution of the remainder of the estate’s property to ones’ rightful heirs.

Generally, probate, or in the case of smaller estates, a less formal procedure, is necessary before a decedent’s property can be legally distributed. Even if a person dies with a Will, a court generally has to have an opportunity to allow others to object to the Will, and if there any objections, to determine if the Will is valid. For example, there is always the possibility that:
* there was a later Will (which, if valid, would replace the older Will), or
* the Will was made at a time the deceased was not mentally competent to make a Will, or
* the Will was the result of fraud, mistake or “undue influence” or
the Will was not properly executed, or
* the so-called Will is actually a forgery, or
* for some other reason (such as a pre-existing contract) the Will is not fully valid, or
* there are other claims against the deceased’s estate that impact what the beneficiaries under the Will would receive.

The Personal Representative (formerly referred to as the “executor” if there is a Will, or the “administrator” if there is no Will) is appointed as part of the probate proceeding and has the responsibility for managing the estate through the proceeding, subject to established rules and procedures. A PR's main responsibilities are as follows:
* determine if there are any probate assets;
* identify, gather, and inventory the assets of the deceased;
* receive payments due the estate, including interest, dividends, and other income (e.g., unpaid salary, vacation pay, and other company benefits);
* set up a checking account for the estate;
* figure out who is going to get what and how much under the Will (if there is no Will, the state’s “interstate succession laws” apply);
* value or appraise the estate’s assets;
* give legal notice to potential creditors;
* investigate the validity of all claims against the estate;
* pay funeral bills, outstanding debts, and valid claims;
* pay the expenses of administrating the estate;
* handle various paperwork, such as discontinuing utilities and charge cards, and notifying Social Security and the VA of the death;
* file and pay income and estate taxes (if necessary);
* distribute the remaining property in accordance with the instructions provided in the deceased’s Will; and
* close probate.

If you have questions about probate in Washington or Idaho, give us a call at 253.858.5434 to see how we can be of service.

Wills Signed in Hospitals and "Deathbed" Wills

In Washington and Idaho, Wills are valid even if they're signed and witnessed in a hospital or even on a deathbed. However, although a Will is not invalid merely because it was signed in a hospital, it is not a good idea to sign your Will in a hospital or to wait until you’re on your deathbed.

Why? First, we can’t predict when we’ll be hospitalized or under what circumstances. You may go to the hospital unconscious and be physically unable to sign a Will. So, it is not wise to put off getting your Will made. Second, just because a Will signed in a hospital is valid, the Will may face additional scrutiny when it is filed with the probate court after the Will-signer’s death. That is, family members may be more likely to challenge the Will, fearing for example:
* that the Will was signed under duress;
* that the Will-signer was too sick to understand the document being signed;
* that the Will-signer was under the influence of medication; or
* that the Will-signer was mentally incapacitated.

These are all valid arguments. For a Will to be valid in both Washington and Idaho, the Will-signer must understand what they're signing, the nature and extent of their property, their nearest family members, and so forth. So, while it doesn’t directly matter that the Will was signed and witnessed in a hospital, indirectly it matters a great deal.

There was a recent case in Texas involving a Will signed on the signer’s deathbed in a hospital. Again, the Will was not directly invalid because it was signed in a hospital. However, in this case, indirectly it mattered a great deal. The jury in this case determined that the Will-signer did not have the correct state of mind legally to sign a valid Texas Will. The jury considered, for instance, that the Will he signed stated that he was not married, when he actually was married. The jury reasoned, how could the Will-signer have the right state of mind for signing a Will if he didn’t even know he was married?

What can you do to make sure that your Will doesn't get challenged? Don’t wait to sign a Will until you’re in the hospital. It is more likely that someone will challenge the Will if it is signed in a hospital. And, if the Will gets contested, it’s more likely that people will question whether or not you had the legally required state of mind to sign the Will.

We have assisted clients with our fair share of Wills signed in hospitals, after we've considered whether the client has the required mental ability to sign the Will. If the client has the legally required “testamentary capacity,” then we will agree to conduct the Will signing in a hospital. If this is done, we make sure to document from the witnesses that the client understand the contents of the Will, that the client understood the effect of signing the Will, and that the client otherwise possessed testamentary capacity.

If you have questions about preparing and signing Wills in Washington or Idaho, give us a call at 253.858.5434 to see how we can help.

Hiring a Lawyer to Help with Your Personal Injury Case

If you've been involved in an auto collision, you may need to hire a lawyer. A lawyer can help you recover losses resulting from the collision and/or reduce the hefty amount of paperwork, "red tape," and hassle often associated with insurance claims.

Unfortunately, auto collisions are everyday occurrences. Most personal injury claims in the U.S. are a result of a crash involving a car, truck, or other motor vehicle. Many of these collisions result in vehicle damage in the form of a "fender bender." However, collisions that involve physical injury, death, or other significant damage may warrant the representation of an experienced attorney. An experienced lawyer can help you get compensation to cover any losses incurred due to the collision, such as medical expenses, lost wages, and car repairs.

It's best to hire a lawyer early to avoid any costly mistakes. The deadline for filing personal injury claims varies from state to state (e.g., 3 years in Washington, 2 years in Idaho). Because you may need to pay for medical bills and/or cover lost wages, the sooner you contact a lawyer the better.

Before speaking with a lawyer, you should have as much detailed information and facts about the collision and your injuries as possible. Documents you might want to show your lawyer after a collision may include your insurance policy, information exchanged at the accident scene, photos of the vehicles and/or injuries, and medical records, among other things.

Most personal injury cases are handled on a contingency or "no recovery-no fee" basis. This means that if the lawyer does not win or settle the case, he or she does not collect a fee. On the other hand, if the lawyer wins or settles the case, the lawyer will get a percentage of whatever is recovered. The attorney's percentage varies from case to case, but can equal approximately 33%-40% of the total recovery. It's important to note that attorney fees are different from costs, and you may be responsible for certain out-of-pocket expenses associated with your case.

If you're interested in talking with us about your claim, you can meet with us free of charge. Give us a call at 253.858.5434 to set up an appointment right away.

Why Small Businesses Need Lawyers

Nearly 50% of small businesses in the U.S. fail after five years and 1/3 close their doors after ten. Why? While a wide variety of issues can affect a small business’s success, one of the biggest influencing factors deals directly with ineffective legal advice. Businesses both small and large rely on contractual relationships to facilitate the growth and ongoing success of their enterprise. Comprehensive contracts act to ensure fair terms and sound partnerships when it comes to everything from taxes to trademarks, lawsuits to liability.

Many small business owners put off hiring a lawyer, as lawyers are an added expense many new business owners feel they can’t afford. As a result, small companies forgo legal advice and suffer tremendously as a result. Most small business owners mistakenly believe that lawyers are for large corporations and billion-dollar businesses. However, investing in sound legal advice is often times even more important for smaller businesses than it is for larger ones.

Large corporate ventures often have the experience and thorough understanding of the nearly infinite array of legal issues involved in doing business today. New and inexperienced business owners are often naïve to the laws and legal restrictions that guide zoning compliance, copyright and trademark advice, business incorporation, contracts, lawsuits, liability, government ordinances, and so much more. Knowledgeable lawyers are able to inform and assist small businesses before major problems arise, helping to circumvent legal issues and full-blown court proceedings before they happen.

One of the biggest benefits that a lawyer can provide to a small business is that of contract review and assessment. Entering into contractual relationships is an unavoidable part of being a business today, no matter how big or small. The scary fact is that once any agreement has been signed, it is binding. Numerous small businesses enter into contracts without the advice of a lawyer, and as a result suffer from massive legal consequences – many of which can ultimately contribute to the company’s demise. It’s an avoidable reason why so many small businesses today fail to make it in the long run.

Getting quality legal advice is the easiest way to ensure that contracts are drafted properly and with the best interest of your business at hand. In addition, a lawyer can make sure that each contract is legally sound and valid, according to the nuances of state law.

Lawyers with experience representing small businesses can help you draft agreements, review existing contracts, and help alleviate the need for the extensive research necessary in ensuring contracts are done correctly. In addition, apt legal assistance can provide quality legal representation should you need representation filing a lawsuit or if you find yourself the unfortunate recipient of a Summons and Complaint.

Think of hiring a lawyer as an investment as well as a preventative measure. As a small business owner, you may not anticipate major lawsuits or liability cases or the need for large-scale contracts. Yet, all businesses rely on contracts and, unfortunately, liability issues will always arise. Getting a lawyer's help in advance not only helps minimize the effects of these types of incidents, but also helps avoid them in the first place.

If you, a family member, friend, neighbor, or co-worker is a small business owner who needs legal assistance, give us a call at 253.858.5434 to make an appointment today. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Legal Ramifications of Gifts Received from Sites Like GoFundMe

We've been following an interesting thread on one of the Idaho State Bar's listservs about the legal ramifications of gifts received through crowdsourcing sites like GoFundMe. The original question was "I represent the estate of a man who died without a Will. He was married with several children. Prior to his death, a GoFundMe account was set up. The person who set up the account stated on the page, 'He and his family could use all the help they can get...At the moment, I'm working toward helping make sure the family's day-to-day expenses are met, but it's likely that he'll be engaged in rehab when he recovers more.' The man subsequently died. After his death, the person who set up the account wrote on the page, 'The funds we've raised and continue to raise will go to help his family get through this.'"

This scenario raises numerous legal issues. Are the funds raised in the GoFundMe account estate assets, or are they a gift to the surviving spouse and children? Do you differentiate between gifts made before the man died versus donations made after the date of death? Gifts are normally separate property, but is there a potential argument that these funds are income and therefore community property? And which state's laws apply? And when the site has vague language like "raising money for so-and-so's family," who is the recipient? The wife? The kids? Does it matter is the kids are minors or adults? Who decides how funds are divided among family members? And if the kids are minors, do guardianships or custodial accounts need to be set up?

And apparently, when funds are distributed, GoFundMe sends the recipient an IRS Form 1099 MISC and leaves it up to the recipient to argue with the IRS to prove it was a gift and not taxable income. (Not cool, GoFundMe, by the way.) Since the organizer of the GoFundMe page has the authority to withdraw funds on the beneficiary's behalf, is a resulting Trust created and what are the Trustee's duties to the beneficiary? Also, apparently, the GoFundMe "service agreement" is pretty murky when it comes to legal issues because, in the words of one of my colleagues, "Most likely, it is all confusing because internet startup companies don't care about these issues - they care about their fees and successful campaigns to generate more fees."

Two Major Misconceptions About Probate

Probate is the legal process of settling an estate once someone dies - paying their creditors and transferring their remaining assets to their heirs and beneficiaries. In Washington and Idaho, probate is a well-defined and orderly process prescribed by law.

When someone dies and leaves a valid Will, it is admitted to probate by the Court and a Personal Representative ("PR") is appointed to settle the estate and distribute the assets as stated in the Will. If someone dies without a Will, the Court applies the laws of intestacy to determine how their property will be divided. Intestacy laws may limit inheritance by a spouse when the decedent had assets they maintained as separate property; those owned prior to marriage, inherited or received as a gift during marriage, or if the decedent had children by another relationship.

If you've heard of probate, what you may have heard was probably not very positive. However, in some instances, avoiding probate may not be the right plan for your estate. Yet, some businesses market “probate avoidance” devices like revocable living trusts. These are difficult to maintain and even if you have one of these trusts, you will not always be able to avoid probate of your estate.

There are numerous misconceptions about probate, so you need to know how to separate fact from fiction.

Misconception 1: Probate should be feared and avoided. It is true that, in some states, probate can be an onerous and expensive process. Fortunately, Washington and Idaho are not among those states. Probate in Washington and Idaho is much easier than it is in other states, and often the appropriate process for administering an estate. It can be necessary and helpful in situations where a Supplemental Needs Trust needs to be established for a surviving spouse or disabled child who requires long term care or receives public benefits.

Complicated estates with considerable assets are typically best handled via probate. If your estate needs creditor protection or there is dissension among your heirs and beneficiaries, the third-party oversight of the court and probate law will minimize difficulty for your estate.

Misconception 2: Probate is always a long, drawn out process. Many people believe that “probate” is synonymous with lengthy court proceedings. This is usually not true. Depending on the language of the Will or if the court allows, the PR can serve with nonintervention powers, which means with legal authority to act without court oversight unless necessary. Sometimes the length of probate depends on whether it is desirable to utilize the benefits of state creditor protection law, which requires your Personal Representative to notify reasonably ascertainable creditors of the impending probate proceedings, but restricts the amount of time they have to present their claims or be forever barred to four months from probate filing. A typical probate in should last six to nine months.

If you have questions about probate in Washington or Idaho, give us a call at 253.858.5434 to see how we can be of service.

Estate Planning for Artists, Authors, Songwriters, and Musicians

Estate planning for artists, authors, songwriters, and musicians is a little different than planning for us non-artist folks, primarily because of copyrights and publishing rights. I often advise artist clients to appoint an "Artistic Advisor" in their Wills or trust instruments. This is particularly useful for artist clients who don't have other individuals available to make informed decisions regarding their body of work. The Artistic Advisor can be an agent, manager, publicist, curator, educator, or other professional or expert in the particular area of art. Designating an Artistic Advisor can help artists and their families gain a level of comfort with their estate plans that otherwise may not be achieved.
If we can be of service to you, your family, friends, co-workers, or neighbors, give us a call at 253.858.5434. We are proud to serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Wills Signed in Hospitals and "Deathbed" Wills

In Washington and Idaho, Wills are valid even if they're signed and witnessed in a hospital or even on a deathbed. However, although a Will is not invalid merely because it was signed in a hospital, it is not a good idea to sign your Will in a hospital or to wait until you’re on your deathbed.

Why? First, we can’t predict when we’ll be hospitalized or under what circumstances. You may go to the hospital unconscious and be physically unable to sign a Will. So, it is not wise to put off getting your Will made. Second, just because a Will signed in a hospital is valid, the Will may face additional scrutiny when it is filed with the probate court after the Will-signer’s death. That is, family members may be more likely to challenge the Will, fearing for example:
* that the Will was signed under duress;
* that the Will-signer was too sick to understand the document being signed;
* that the Will-signer was under the influence of medication; or
* that the Will-signer was mentally incapacitated.

These are all valid arguments. For a Will to be valid in both Washington and Idaho, the Will-signer must understand what they're signing, the nature and extent of their property, their nearest family members, and so forth. So, while it doesn’t directly matter that the Will was signed and witnessed in a hospital, indirectly it matters a great deal.

There was a recent case in Texas involving a Will signed on the signer’s deathbed in a hospital. Again, the Will was not directly invalid because it was signed in a hospital. However, in this case, indirectly it mattered a great deal. The jury in this case determined that the Will-signer did not have the correct state of mind legally to sign a valid Texas Will. The jury considered, for instance, that the Will he signed stated that he was not married, when he actually was married. The jury reasoned, how could the Will-signer have the right state of mind for signing a Will if he didn’t even know he was married?

What can you do to make sure that your Will doesn't get challenged? Don’t wait to sign a Will until you’re in the hospital. It is more likely that someone will challenge the Will if it is signed in a hospital. And, if the Will gets contested, it’s more likely that people will question whether or not you had the legally required state of mind to sign the Will.

We have assisted clients with our fair share of Wills signed in hospitals, after we've considered whether the client has the required mental ability to sign the Will. If the client has the legally required “testamentary capacity,” then we will agree to conduct the Will signing in a hospital. If this is done, we make sure to document from the witnesses that the client understand the contents of the Will, that the client understood the effect of signing the Will, and that the client otherwise possessed testamentary capacity.

If you have questions about preparing and signing Wills in Washington or Idaho, give us a call at 253.858.5434 to see how we can help.