Estate planning can be boiled down to this definition: An estate plan ensures that the right people are able to care for YOU if become incapacitated and the right people get your STUFF after you die.

Estate planning is a very broad (and often confusing) topic. There are countless estate planning options available, and the “best” estate planning option for you may depend on hundreds of different factors. Essentially, estate planning can be boiled down to a simple definition:

An estate plan ensures that the right people are able to care for YOU in the event you become incapacitated and that the right people are able to get your STUFF after your death.

The second part of that equation—what happens to your stuff, i.e., your assets—is what most people have in mind when they think about estate planning. And when it comes to deciding what happens to your stuff, there are two main options: (1) a Will; and (2) a Revocable Living Trust

WHY DO YOU NEED AN ESTATE PLAN? If you died today, what would you want to happen to your assets? Maybe you want your spouse to get everything. Maybe you don't want a certain relative to get anything. Or maybe you want to ensure your estate is used to pay for your child’s education. Whatever their preferences, most people care about what happens to their stuff after their death. Yet only ABOUT 42% of U.S. adults have a Will or a Trust. Part of that is likely due to the fact Wills and Trusts can be very complex, and lawyers usually don’t do a good job of explaining these two documents—or estate planning in general.

We want to change that. Keep reading and you will be able to dazzle your friends and family by answering these questions and by making an intelligent, informed decision regarding your estate plan. Well, "dazzle" might be a bit strong. But you will at least be able to impress them with your superior estate planning knowledge.

HOW ARE A WILL AND A TRUST SIMILAR? Before explaining how Wills and Trusts are different, it is important to understand how they are similar. After all, they both try to achieve the same estate planning objective: they both control what happens to your stuff (your assets) after your death.

1. Wills and Trusts are both revocable documents. To be more accurate, MOST Trusts are revocable. “Revocable” just means you can change or amend (or cancel entirely) the terms of the document during your lifetime—but only as long as you are mentally competent. If, for example, you develop severe dementia later in life, you may not have the legal capacity necessary to sign an estate planning document. Having a revocable document is important because things can change over time. You might want to change your beneficiaries, your representatives, or you might want to revoke your document entirely and start over. Both Wills and Trusts allow you to do that.

2. You can put someone in control of your estate. You don’t want just anyone to be in charge of your estate, do you? Of course not. That is one of the major benefits of having an estate plan: you get to choose someone you trust to ensure that your affairs are properly settled. In a Will, you can appoint a Personal Representative (what used to be called an "Executor") who will be in charge of your estate and who manages the probate process. In a Trust, you name a Trustee who similarly manages your assets and distributes your estate.

There are other similarities between a Will and a Trust, but these are the main characteristics that make them alike. What most people are interested in, however, is what makes these documents different.

HOW IS A WILL DIFFERENT FROM A TRUST? While there are some similarities between these documents, it is crucial to understand their differences.

1. A Last Will and Testament is subject to probate. There is a widespread misconception that having a Will means that your family will not need to go through probate in order to receive their inheritance. Unfortunately, that is not the case. A Will must be probated after your death to be effective. In other words: If you want to avoid probate, a Will is probably not the way to go. On the other hand, a fully funded Trust can eliminate the need to probate your estate.

Because a Trust does not cease to exist when you die, any assets that are titled in the name of your Trust at the time of your death can pass to your beneficiaries without the need for court approval. Probate can be expensive, time-consuming, difficult to navigate, and stressful and contentious. And considering it is not rare for attorneys’ fees, court costs, and other expenses to total several thousand dollars in a probate, avoiding the process entirely can save a lot of money.

2. A Trust can distribute your estate faster than a Will. Having a Will (which must go through probate) generally means that your estate won’t be distributed for at least 6-12 months after your death. We regularly see probates that take upwards of 2 years to complete. This means that your family might have to wait over a year before they can use the assets that you left them. If you are the sole breadwinner in your family, that can make things very difficult on your surviving spouse and/or children for a while. A Trust, however, can often distribute your estate within 30-60 days. No muss, no fuss. Since the terms of the Trust are not subject to court approval, the Trustee can settle the decedent’s estate as quickly as time allows.

3. A Will takes effect after your death; a Trust takes effect right now. Let’s suppose you fall into a coma and become incapacitated. Because a Trust is effective immediately upon signing, it can provide for the care of your assets and the care of your minor children during your lifetime. And if you also have a Health Care Power of Attorney, a Trust could avoid the need for someone to obtain a guardianship over you. But because a Will is only effective after you die, it doesn’t help you if you are incapacitated.

4. A Trust gives you more control over distributions. Suppose you have minor children (or other minor beneficiaries). If you were to die tomorrow, would you want your kids to receive all of their inheritance at 18? Most people would prefer to divvy up distributions over time. However, if you only have a very basic Will, then whenever the judge (metaphorically) bangs their gavel, your estate will be distributed immediately and your children can get their inheritance as long as they are 18. But if you use a Trust, or a more complex Will that creates a testamentary Trust, you can provide instructions to your Trustee that, for example, say a beneficiary should receive 1/3 of their inheritance at age 25, 1/3 at age 30, and the rest at age 35. You don’t have that option with a very basic Will.

Or what if some of your beneficiaries financially irresponsible? If you are concerned that a beneficiary might squander their inheritance, you can use a Trust to distribute a set amount of money per year to help make it last longer. A basic Will would distribute everything in a lump sum.

5. A Trust is a private document. Probate cases are a matter of public record. That means anyone can access documents and information filed in a probate case, including your Will and information about your assets and debts, business dealings, family relationships, etc. Any nosy neighbor or estranged relative can read your Will (even if you left them nothing) and even know if you faced any legal issues at the time of your death. A Living Trust avoids all of that. Because no one will need to file your Trust with the court, your personal and financial information can be kept private.

WILLS vs. TRUSTS: WHICH IS BETTER? Clients often ask whether a Will is better than a Trust, or vice versa. After all, people spend a lot of money on their estate plans. It makes sense that they want to know which document works best. Unfortunately, there is not an easy answer to that question. As we have said before:

Estate planning is not a one-size-fits-all proposition.

Sometimes, a Will might make more sense than a Trust. Other times, a client can benefit more from having a Trust than from having a Will. A Trust is generally more flexible, durable, and cost-effective (in the long term) than a Will. But it is usually also more expensive in the short term. However, cost should not be the sole factor on which you base your decision. Our job as estate planning lawyers is to help you consider all the relevant factors when deciding what estate planning option works best for you, your family, your estate planning goals, your assets, and any potential unintended consequences that could occur. Choosing an estate plan is a major life decision. Take time to think about what works best for you.

TALK TO A LAWYER. Although Wills and Trusts serve the same purpose, they achieve that purpose in very different ways. Because there is no “one size fits all” solution to estate planning, you should consult with us or some other qualified, experienced estate planning lawyer of your choice before creating your estate plan. To learn what estate planning options might work best for you, or to discuss updating your existing estate plan, contact us today at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Between work, school, and after-school activities, families are busier than ever! But for young parents, it's especially important to take some time to create an estate plan.

Families today are busier than ever. Between work, school, and after-school activities, it can be hard to sit down and find the time to think about the future. Thinking about what would happen to your kids if you pass away is difficult but necessary. Young parents should consider whether or not their children will have enough money for their daily necessities, and for college.

Deciding who to appoint as the children’s primary caretaker is also an important decision. Young parents who haven’t completed their estate plan are not alone. A recent survey found that 64% of Americans do not have a Will. If you’re parents to young children, here are a few reasons why taking the time to create an estate plan is so important.

1. CHOOSING A GUARDIAN. Thinking about not being here to raise your kids can be distressing. Nonetheless, one of the most important parts of estate planning for families with young children is to appoint a primary caretaker. Choosing a guardian now can save your children stress and pain in the event of your death. When parents do not choose a guardian before their death, a judge will select a guardian. Parents may not want the person that the court selects as the guardian to raise their children.

When determining who to select as a guardian, consider whether the person lives close by, and whether they are physically up to the task of raising children. Is the person good with financial issues? Does the person have quality relationships? Would they have the parenting skills to raise your children in a safe and stable environment? These are all questions to consider when selecting a guardian.

2. ENSURING YOUR CHILDREN'S FINANCIAL SECURITY. As a young family, you may be working your way into financial stability. Many parents assume that since they do not have a wealth of assets, estate planning is not valuable. Young families do not need extensive assets in order to make estate planning valuable. For example, taking out a life insurance policy can provide the financial security your children need to become well-rounded adults.

We work closely with financial planners and life insurance advisors who can help you select an effective life insurance policy. In some circumstances, creating an irrevocable life insurance trust can be advantageous. Life insurance trusts allow the proceeds from the life insurance policy to pour directly into the trust and become available immediately.

3. APPOINTING A TRUSTEE. Most parents desire to give all of their assets to their young children should they pass away. Children are unable to manage their parents’ estate until they become adults, however, and guardianships end as soon as the child turns 18, which may not be an appropriate age for your kids to receive a substantial inheritance. Appointing a Trustee will help you make sure that your children receive money and assets at the appropriate time and that those assets are managed prudently and effectively until that time. Parents can appoint a Trustee to manage and distribute their assets to their children according to their wishes.

Many young families own cars, retirement accounts, and a house. A Trustee will manage the property for the children's benefit and make sure they receive all of the parents’ assets. When selecting a Trustee, choose someone who is trustworthy and up to the task of administering and appropriately distributing the Trust assets.

At our law firm, we understand that thinking about the possibility of passing away with young kids is difficult. If you need to create an estate plan, we can help you do so. Creating an estate plan early on in life can save you significant money in the long run and give you peace of mind. Give us a call at 253.858.5434 to set up an appointment today. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

While estate planning is important for married couples, it is arguably even more necessary for couples who live together in long-term committed relationships without getting married.

While estate planning is important for married couples, it is arguably even more necessary for couples that live together without getting married. Without an estate plan, couples who aren't married but are in long-term committed relationships won’t be able to make end-of-life decisions or inherit from each other.

Estate planning serves two main functions: determining who can make decisions for you if you become incapacitated and who gets your assets when you die. There are laws in place to protect spouses in couples that have failed to plan by governing the distribution of property in the event of death. If you do not have a Will, property will pass to your spouse and children, or to parents or siblings if you die without a spouse or children.

But there are no laws in place to protect unmarried partners. Without a solid estate plan, your partner may be shut out of the decision making and the inheritance. The following are the essential estate planning steps that can help unmarried couples:

JOINT OWNERSHIP. One way to make sure property passes to an unmarried partner is to own the property jointly, with right of survivorship. If one joint tenant dies, their interest immediately ceases to exist and the remaining joint tenants own the entire property. This is also a good way to avoid probate.

BENEFICIARY DESIGNATIONS. Make sure to review the beneficiary designations on bank accounts, retirement funds, and life insurance to make sure your partner is named as the beneficiary (if that is what you want). Your partner will not have access to any of those accounts without a specific beneficiary designation.

DURABLE POWER OF ATTORNEY. This appoints one or more people to act for you on financial and legal matters in the event of your incapacity. Without it, if you become disabled or even unable to manage your affairs for a period of time, your finances could become disordered and your bills not paid, and this would place a greater burden on your partner. Your partner might have to go to court to seek the appointment of a guardian, which takes time and money, all of which can be avoided through a simple document.

HEALTH CARE POWER OF ATTORNEY. Similar to a Durable Power of Attorney, a Health Care Power of Attorney appoints an agent to make health care decisions for you when you can't do so for yourself, whether permanently or temporarily. Again, without this document in place, your partner might be shut out by other family members or forced to go to court to be appointed guardian. If it is important for all of your family members to be able to communicate with health care providers, a broad HIPAA release--named for the Health Insurance Portability and Accountability Act (HIPAA) of 1996--will permit medical personnel to share information with anyone and everyone you name, not limiting this function to your health care agent.

WILL. Your Will says who will get your property after your death. Your Will is important for two main reasons. First, if you have minor children, it permits you to name their guardians in the event you are not there to continue your parental role. Second, it allows you to pick your Personal Representative (formerly called an Executor) to take care of everything having to do with your estate, including distributing your possessions, paying your final bills, filing your final tax return, and closing out your accounts. It's best that you choose who serves in this role.

REVOCABLE LIVING TRUST. A Revocable Living Trust can be especially important for unmarried couples. It permits the person or people you name to manage your financial affairs for you as well as to avoid probate. You can name one or more people to serve as co-trustee with you so that you can work together on your finances. This allows them to seamlessly take over in the event of your incapacity.

We can help you determine the estate plan that is right for you and your partner. Give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference, whatever is most convenient for you.

How long does it take to resolve a personal injury case? Like you, we prefer cases to resolve quickly, but we will never settle a case before the full nature of the client's injuries are known.

How long does it take to settle a personal injury case? Each personal injury case is unique, and the length of time it takes to resolve a case varies. Like you, we prefer cases to resolve as quickly as possible. However, a competent lawyer will never settle a case before the full nature of the client’s injuries are known. This means that the client must have completed their medical treatment.

After completing your medical treatment, your lawyer will move forward with your case:

Step 1: Your lawyer will request your medical records from all treatment providers. Receiving the records may take anywhere from a couple weeks to a couple months from the date of the request, depending on the responsiveness of your medical providers.

Step 2: After receiving all of your medical records, your lawyer will prepare a demand package, which is a letter summarizing the facts of your case, the theory of liability, your injuries, and the amount of damages being requested.

Step 3: The demand package is sent with your medical records and other documents evidencing your damages to the insurance company. Unfortunately, the law does not require the insurance company to respond within a certain period of time, but it usually submits an offer within 30-60 days, depending on the insurance adjuster’s caseload and the complexity of the medical records.

Step 4: After receiving the insurance company’s response, your lawyer can advise you whether the case can be resolved.

If the insurance company’s offer is acceptable to you and your lawyer, the case can usually be settled quickly. The insurance company often sends a check within a few weeks of the settlement agreement, and your lawyer disperses the funds to you and all parties owed; or

If the insurance company’s offer is unacceptable to you and your lawyer, the case may be litigated, or if your case is under a certain value, there is a faster option called Mandatory Arbitration. Resolution is usually within 5 to 8 months. However, the decision is nonbinding. If either party is unhappy with the results, the arbitration decision can be appealed, and the case may still go to trial.

What factors can delay how long it will take to settle a case?

YOUR INJURIES NEEDS MEDICAL CARE THAT IS COMPLEX AND/OR LENGTHY IN DURATION. Your recovery is our priority, so we want to ensure that you receive all the medical care needed to recuperate from the physical and emotional impact of your injuries. The treatment from a serious injury can often be lengthy and ongoing. In order to establish and prove your medical treatment is reasonable, necessary, and related to your incident, you may need multiple doctors to validate and confirm the extent of the injuries through visits, tests, or even surgeries. Each of these appointments may take weeks to schedule, and afterward additional time for your lawyer to request and obtain your results. This can delay your case. However, from a legal standpoint, it is in your best interest not to act too soon and possibly underestimate the extent of your medical needs: past, present, and/or future.

MEDICAL PROVIDERS CAN CAUSE DELAYS. To properly evaluate a case, we need to obtain your records from your treating medical providers such as the hospital/emergency room, surgeon, or physical therapy/rehabilitation facility. Usually, medical providers respond in a reasonable amount of time. However, in some cases, it can take multiple attempts and several months to obtain your records. This can prolong our ability to move the case forward.

THE CLIENT CAN CAUSE DELAYS. Timely communication between you and your lawyer is important for swift and successful case completion. Sometimes, clients inadvertently delay their cases by not responding promptly to emails, phone calls, or letters from their lawyer. Although some items can move forward without a client’s feedback, most require input to continue moving forward. We understand that your time is valuable and priorities can shift, but to resolve your case successfully and in an expedient manner, it is important to respond to our information requests as quickly as possible.

If you or a family member or friend have been injured due to someone else's negligence, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

We create comprehensive estate plans to help individuals safeguard their assets and plan for their families' futures.

Planning for your future is a critical element of maintaining financial security and keeping your affairs in order. We create comprehensive estate plans to help individuals safeguard their assets and plan for their future. Whether you need a simple Will, Durable Power of Attorney, or more complex estate plan, we can help. Our estate planning services are normally done on a flat fee basis, with fees beginning as low as $400 for a simple Will for a single individual. Other documents can be quoted on a flat fee basis based on each individual circumstance.

WILLS. A centerpiece of all estate plans is the creation and execution of a Will. In order to be validly executed, the person making the Will must have "testamentary capacity" (the ability to understand the size and nature of their estate and the ability to identify the "natural objects of their bounty") and must sign the Will in the presence of two competent witnesses. The witnesses must also sign the document. Wills allow individuals to pass their property on their death to beneficiaries in the manner of their choosing and avoids the default rules governing intestate succession in Washington. Wills can also be used to set up Trusts to preserve assets for minor or disabled beneficiaries, to help minimize estate taxes, and other tax liabilities.

REVOCABLE LIVING TRUSTS. Many people choose to use a Revocable Living Trust as their primary estate planning tool. With a Revocable Living Trust and a Pour Over Will, you can transfer your assets to your beneficiaries without probate and without court involvement in your estate’s affairs.

COMMUNITY PROPERTY AGREEMENTS. Community Property Agreements can be used in conjunction with a Will. These instruments generally provide for the passage of all community property from one spouse to another at death. Community Property Agreements can help ease the legal process surrounding the death of one spouse, allowing for the passage of assets without probate proceedings.

DURABLE POWERS OF ATTORNEY. The Durable Power of Attorney is another vital part of most estate plans. A DPOA allows the signer (“principal”) of the power of attorney to designate another person (the “attorney-in-fact”) to act on their behalf, should such a need arise, in both financial and health care matters. A Durable Power of Attorney can grant various different specific powers, either broad or more limited in scope, to the attorney-in-fact.

HEALTH CARE DIRECTIVES. Many individuals choose to include a health care directive in their comprehensive estate plan. Health care directives are authorized and governed under the Washington Natural Death Act. Health Care Directives allow individuals to document their desires for withholding or removal of treatment in case of terminal illness or permanent unconsciousness. These directives can include various details on when to withhold care or stop giving care in a terminal case.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

If you're a small business owner, your estate plan should include a business succession plan as well.

When you leave your pet for the weekend, you have a plan. You know who'll feed it and how much it will cost. So, what happens when you step away from your business for the weekend? More importantly, what will happen when you leave your business for much longer—as in, permanently? If a business owner dies and there's no plan in place, it's the survivors who are left without direction. While your business might be humming along right now, how will it be if you're not around? Managing someone's affairs after death is a whole new, and potentially messy, ballgame. If you want to take care of business even after you're gone, you need to plan what will happen to your estate, and that includes your business. Communication with your family and business partners is the first step, documenting what you decide is the second.

MINIMIZING TAXES. If nothing else, one good reason for estate planning is to minimize the amount your estate will owe in taxes. You've worked hard to establish your business as a profitable entity. Don't lose the fruits of your labor to the IRS in estate taxes. This type of tax usually ranges from 35% to 50% of the business value and is due within nine months of your passing. Since most business assets are not liquid, paying estate taxes often requires selling the business. Due to the nine-month limitation, small businesses are often sold well below their value. Thankfully, estate planning can keep your business from becoming a fire sale.

Two IRS tax breaks, Sections 303 and 6166, alleviate the tax burden for small business owners. Section 303 allows your estate to redeem your stock with very little tax cost. This is a one-time opportunity, and the stock value must be more than 35% of your estate. Heirs frequently take advantage of Section 303 to cover estate taxes.

Section 6166 offers estate tax deferral for small business owners. To take advantage of Section 6166, more than 35% of your adjusted gross estate must be from your business interests. If eligible, your Personal Representative can pay the estate tax in ten annual installments. This alleviates the burden of having to generate one lump sum within nine months of your passing. Under Section 6166, the first installment isn't due for five years. This gives your business time to earn the money to cover the taxes.

BUY-SELL AGREEMENTS. A buy-sell agreement is a contract between shareholders or partners that establishes a plan for the business in case one of the owners dies or becomes incapacitated. The principal benefit of a buy-sell agreement is that it establishes a sale price for the business and your share of the business. A buy-sell lets you document whether or not you want your partners to buy out your share if you want to block certain individuals from having a role in the business, or if you want your heirs to sell your portion. Since the business price has been established, family members know they are receiving a fair price.

As any good business plan anticipates the future, a buy-sell agreement is simply another aspect of good business. While creating a buy-sell agreement requires open communication with both your family and your business partners, which can be difficult to achieve, it will establish a solid path for the future, greatly reducing any potential for disaster.

LIFE INSURANCE. If the business assets are not liquid, where do partners get the capital to buy out a deceased partner's shares? Very often, the necessary capital comes from life insurance. This is a common business practice, each partner takes out a life insurance policy that names the other owners as beneficiaries. This strategy gives surviving owners tax-free proceeds to purchase the deceased's portion of the business from their estate.

SOLE PROPRIETORS. If you're a sole proprietor, you're well aware that your business is not separate from your personal assets—in a sense, your business is you. Probably more than any other type of business organization, you need a clear plan of action for what should take place after you're gone. What you own personally can be used to cover business debts. Delegate and prepare your successor if you want to pass on the business. If you want to sell the business, do the research that will make selling it easy and inexpensive for your heirs.

As with any small business owner, the key to successful estate planning is communication and documentation. You want to communicate with your family about a wise path for the future. But you also want to document those wishes in an estate plan to prevent future disagreements.

FAMILY-RUN BUSINESSES. In a family-run enterprise, you may have some heirs who are involved in the business and others who are not - how do you divide your business assets? Many people choose to distribute assets based on a relative's contribution level. Let's say two of your children are going to take over the family business. Do you want your third, uninvolved child to have an equal share? Perhaps you want the two involved siblings to buy out the third. Regardless of what you decide, controlling these types of choices is critical. After all, the passing of a family member is hard enough to deal with on its own. Proper estate planning at least allows your business to have a smooth transition.

If you're a small business owner and have estate planning questions, give us a call at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

When you're pursuing a personal injury claim, you're likely to encounter several unfamiliar terms. One of these is "subrogation."

When you’re pursuing a personal injury claim following an auto collision, you’re likely to encounter several unfamiliar terms. One of these is "subrogation." When dealing with a car crash, this legal process allows an insurance company (like a health insurance company or an injury victim's own auto insurance company that's paid out PIP ("Personal Injury Protection") payments for medical bills or lost wages) to make a claim against a third party, so that it can recover benefits it paid to or for the benefit of the insured party. The intent is to obligate the person who was responsible for the collision to reimburse the insurance company that paid out benefits to the party who had a valid personal injury claim after the wreck.

DEFINING SUBROGATION. Subrogation is defined as the substitution of one party by another in reference to an insurance claim or debt. Essentially, it means one party stands in the place of another while accompanied by the transfer of any associated rights and duties. In a personal injury case, subrogation can apply to both car insurance and health insurance benefits.

If you’ve been involved in an auto collision, subrogation issues can arise if you use your own insurance to pay for the care you need while fault for the collision is still being determined. Although your insurer will approve the initial claim, the company will want to be reimbursed for the expense when you collect damages from the insurance company of the at-fault driver.

Your own insurance company is often referred to as the "collateral source" or "1st party insurer" when discussing subrogation rights.

HOW IT WORKS. Whenever your doctor lists the medical care you’ve received resulting from a collision, your insurance company will send you a form asking for additional information. This form is used to determine if it’s possible someone else may be financially responsible for your care.

After processing the form, your insurer is legally required to notify you if it intends to pursue a subrogation interest. Most insurance policies require you to fully cooperate with any subrogation attempts. Keep in mind that these efforts will include recovering the cost of any applicable deductible you paid. If subrogation is successful, you’ll receive either a full or partial refund.

DOUBLE RECOVERY. Subrogation is based on the concept that injured people should not be allowed to profit from their injuries. They are allowed to recover their actual damages, but a double recovery is prohibited. For example, if you use your own PIP insurance or health insurance to pay for $15,000 in collision-related medical care, you’re not allowed to collect another $15,000 from the at-fault driver’s insurance company to compensate you for your medical care and then spend that money on whatever you wish. The payment goes to your own insurance provider to reimburse them for the claim that has already been paid.

Preventing double recovery carries the collective benefit of lowering insurance rates for everyone by allowing insurers to be reimbursed for payments that were the legal responsibility of another party.

SUBROGATION AND MEDICAL CARE PAID BY THE STATE. If your health insurance is provided through a government-sponsored program such as Medicare or Medicaid, or you were injured on the job and your medical care is paid for by the Dept. of Labor & Industries, the concept of subrogation still applies. Government programs will pursue their subrogation rights and prevent you from a double recovery of collision-related expenses.

UNDERSTANDING HOW SUBROGATION AFFECTS YOUR PERSONAL INJURY CLAIM. Keeping careful track of your collision-related expenses and the source of any payments made on your behalf can offer some insight into possible subrogation interests in your case. However, understanding subrogation interests can be complicated. To avoid costly mistakes, it’s best to seek assistance from a lawyer with experience in personal injury law and the complications that subrogation issues can present when negotiating a fair settlement for your injuries.

If you’re offered a settlement from the at-fault driver’s insurance company, some insurers may try to add a waiver of subrogation clause that prohibits your own insurance company from seeking reimbursement for previously paid claims. This might result in your own insurance company refusing to pay your claim, creating an unfair burden for you. To protect yourself, it’s best to have your attorney review any document before you sign it.

If you’ve been hurt in an auto collision, you need to speak with an experienced lawyer as soon as possible. Please call our office at 253.858.5434 to schedule your free consultation.

We generally recommend reviewing your estate plan every three to five years, or whenever there is a major life event or change.

Many people review their estate plans at a regular frequency, often when they review their whole financial plan. This can be done annually, semi-annually, or quarterly; for estate planning specifically, we generally recommend reviewing your estate plan at least every three to five years or when there is a major life event.

In addition to regular reviews, it’s a good idea to review and update your plan at life events like the following:

* The birth or adoption of a new child or grandchild

* When a child or grandchild becomes an adult

* When a child or grandchild needs educational funding

* Death or change in circumstances of the guardian named in your Will for minor children

* Changes in your number of dependents, such as the addition of caring for a parent, disable child, or other adult

* Change in your or your spouse's financial or other goals

* Marriage or divorce

* Death, illness, or disability of your spouse

* Change in your life or long-term care insurance coverage

* Purchasing a home or other large asset

* Borrowing a large amount of money or taking on liability for any other reason

* Large increases or decreases in the value of assets, such as investments

* If you or your spouse receives a large inheritance or gift

* Changes in federal or state laws covering taxes and investments

* If any family member passes away, becomes ill, or becomes disabled

* Death or change in circumstance of your Personal Representative or Trustee

* Career changes, such as a new job, promotion, or if you start, purchase, or close a business

Reviewing your plan at regular intervals in addition to major life events will help ensure that your legacy, both financial and otherwise, is passed on in accordance with your wishes and that your beneficiaries receive their inheritances as smoothly as possible. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

International estate planning is complex. When you own assets overseas or want to leave your estate to non-citizen relatives, there are important matters to consider.

Estate planning is a complicated task on its own, and accounting for international matters doesn’t make anything easier. When you own assets or property overseas or wish to leave your estate to non-citizen relatives or those living outside the U.S., there are important matters you should take time to consider.

Some of these matters include considerations such as:

* How do I prepare an international Will?

* Do treaty countries impact my estate planning efforts?

* Can the federal estate tax be deferred for my non-citizen spouse?

* How can I protect my estate from unnecessary taxation before immigrating to the U.S.?

It’s OK to not know the answers to these questions or even how to begin planning your estate on an international level. You should, however, seek these answers by reaching out to an estate planning attorney who has the experience necessary to assist you. We can help you with international estate planning services, such as:

* International Estate Planning with Treaties

* Blocking Estate Tax Exposure (BETE) Trusts

* International Wills (Situs Will vs. Domicile Hague Wills)

* Qualified Domestic Trust (QDOT)

* Pre-Immigration Estate Planning

If you would like to meet with us, we’ll take time to understand what your current estate planning measures are (if any), what you want to achieve, and offer you options for ways that we can help you meet your goals. Give us a call at 253.858.5434 to set up an appointment today.

A proper estate plan, using a variety of legal tools and techniques, can help you avoid the probate process altogether.

Going through the probate process can be a time-consuming and expensive undertaking, one that keeps heirs and beneficiaries from their inheritances for a longer time than anyone wants. However, there are plenty of legal ways to avoid the process altogether.

The key to avoiding probate is fairly simple: use a comprehensive estate plan. The law has made it easy for most people to avoid the probate process, with many legal tools and techniques that are available to make asset transfer simple and pain-free.

No two estates are exactly alike, so choosing the right tools for your estate plan should be made by you and your lawyer. However, there are a few key legal devices available to help that you should be aware of:

A REVOCABLE LIVING TRUST. A Revocable Living Trust is the cornerstone for many estate plans. By storing your assets in a Revocable Living Trust, you maintain control over your property while you’re still alive, and after you die, your assets can pass directly to your beneficiaries without going through the hassle of probate. An irrevocable trust offers less flexibility to you, but it may grant tax benefits to your estate.

A COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT. If you’re married and want your spouse to receive all of your property should you die first, a CPSA may be the right option. This document converts all of your property into community property, allowing your spouse to receive your assets directly without going through probate. Note that there are certain advantages and disadvantages to a CPSA that are worth your careful consideration, so talk it over with your spouse first, as well as with your estate planning attorney.

A TRANSFER ON DEATH DEED. A TODD is a great tool to make the transfer of real estate less complicated, and it’s relatively new to the state of Washington. This type of deed allows you to name a beneficiary who will receive the deeded property when you die. There is no need for the probate process with a TODD, as the property transfers directly. However, the TODD does have some strict requirements that have to be met for it to be legally binding.

A WILL. A Will is also a powerful part of your estate planning arsenal. Even if you rely on Revocable Living Trusts and other legal devices, your Will can serve as a sort of catch-all safety net, in case some assets and property aren’t named in your other estate planning documents.

There are also certain assets that don’t need to go through probate at all such as designated beneficiary accounts like life insurance policies and some retirement plans. These assets already have a named beneficiary, and so they transfer automatically upon the death of the owner.

Avoiding probate is often in the best interests of heirs and beneficiaries. Good planning now means that when you die, your family will be able to receive the maximum portion of your assets available under the law, without waiting months or even years for probate to complete. However, every situation is unique, so you should consult with an experienced lawyer to be sure you’re making the best choice for your family’s future.

If you have any questions about your estate, would like to review your current estate plan, or are ready to create a new one to protect your family’s future, we are available to help. We have been serving Washington clients since 1996 and Idaho clients since 2007, and we are here to guide you through the estate planning process from start to finish. To arrange a meeting, please call us at 253.858.5434. We are available to meet in person, by phone, or via video conference.

There are several way social media can undercut your personal injury claim. Please exercise caution!

There are several ways social media can undercut your personal injury claim. It seems like second nature to share your life with family and friends, but social media users who have a pending personal injury claim or lawsuit MUST exercise great caution. Sharing profile information, pictures, posts, videos, and comments on social media can undercut your claim by giving opposing counsel fodder that they can use against you.

Social media accounts provide defense attorneys with a valuable source of evidence to impeach your credibility, refute the cause of your injury, and undermine the amount of damages you claim to have suffered. You can avoid being in a compromised position by showing your lawyer your current social media profiles and seeking specific guidance. In the meantime, here are some do’s and don’ts.

PRIVATE vs. PUBLIC PROFILE. If you have public profiles, you can adjust these to “private” or “protected” in the “settings” area of your account. It is generally unwise to delete profiles in their entirety, as this can arouse suspicion of trying to hide something. In some cases, a court could also deem it “spoliation of evidence.”

Avoid accepting any new friend requests, and be wary of any new followers. These could be from the enemy camp, trying to get a closer look and monitor you.

You may wish to refrain from any social media use while your case is pending. Keep in mind, however, that searchers can find retweets, comments, hashtags, mentions, tags, etc. For this reason, you may also wish to ask your friends and family members to leave you alone on social media.

Keeping your information private is a good first step. It nevertheless does not mean that you can continue to post anything that you want to.

YOUR SOCIAL MEDIA POSTS MAY BE SUBJECT TO DISCOVERY REQUESTS OR COURT ORDERS. Even if your social media accounts enjoy private settings, an opposing lawyer can ask you to produce printouts of your social media activity in the discovery process. “Discovery” is the phase of a lawsuit where parties exchange information to build their respective cases.

Defendants have the right to seek as much information as they can about you. This includes information that is not public record.

A COURT CAN ORDER YOU TO SHOW SOCIAL MEDIA. Parties typically conduct discovery without court intervention. However, either party can petition the court if the other side does not want to produce information that the requesting party believes could lead to admissible evidence. For good cause shown, a court can order you to produce information from your social media accounts.

A court could also order you to reactivate a temporarily deactivated account. In some cases of deleted accounts, a subpoena can provide information from a provider’s servers or from a third party’s servers that store social media data. Each provider has a different policy concerning the length of time it retains data from deleted accounts.

EXAMPLES OF HOW SOCIAL MEDIA CAN HURT YOUR CASE. Even social media activity that you believe has no relationship to your case can harm you. The connections that a clever lawyer can make between your posts and your case are limitless. Nevertheless, here are a few specific ways that social media can not only undercut your personal injury claim but also sabotage it:

* Behavioral tendencies such as consuming alcohol, photos captured while driving, or a high-risk activity that could frame a view that the victim played a role in causing the collision.

* A personal injury victim claiming loss of enjoyment of life or pain and suffering regularly poses happily for pictures in various places.

* An personal injury victim claiming incapacitating injuries posts videos of dancing, hiking, bowling, playing softball, or some other physical activity.

* A victim pursuing lost wages or loss of earning capacity is complaining about their job, showing off a DIY home improvement project, or sharing links for online work-from-home websites.

* A victim posts financial resource-demanding plans for the near future (making a large purchase, taking a vacation, etc.).

* A victim whose settlement agreement contains a confidentiality provision announces the settlement on social media.

This is not an exhaustive list. Even posting something that you believe helps your case can invite a harmful response from a social media troll or other ill-willed social media user.

THE BOTTOM LINE. Your safest bet is to avoid social media altogether while your case is pending. You must continue to monitor your account to make sure that well-meaning friends and family do not mention you in their public or unprotected posts.

YOUR LAWYER CAN HELP YOU AVOID MISTAKES. We provide personalized advice to each client at every step in the personal injury process, including how social media can undercut your personal injury claim. We provide a free case consultation where we answer your questions and evaluate your case. To schedule this free consultation, call 253.858.5434.

How does the personal injury claim process work?

Auto collisions happen every day. Car crashes, in fact, are a leading cause of injuries and deaths in the United States. The National Safety Council reports that accident-related injuries impact more than 3 million people in the U.S. each year. These injuries lead to financial losses that pile up long after the collision occurred.

If another person’s careless or reckless conduct caused your injuries, you could be entitled to compensation for your economic damages. You could also receive compensation for non-economic damages such as pain and suffering, mental anguish, emotional distress, inconvenience, loss of enjoyment of life, etc.

To pursue a financial recovery, you need to go through the personal injury claims process:

INITIAL CONSULTATION. The process starts with meeting a lawyer. Most personal injury law firms, including our firm, provide this initial case review at no charge. During the consultation, you will discuss the details of your case, including the nature of the collision and the extent of your injuries. The lawyer will ask you a series of questions. You should ask your own questions, too.

The lawyer can advise you on the best course of action to take in your case and describe the types of compensation that may be available to you. You and the lawyer should also discuss attorney’s fees. For instance, at our law firm, we work with personal injury clients on a contingent fee basis. Our clients pay nothing unless we secure a financial recovery for them.

DEMAND PACKAGE. Once you're done treating and your doctors have an expert opinion on the nature and extent of your injuries, the lawyer will begin collecting your medical record, wage loss records, and other evidence they plan to use to support your claim. All of this information is sent to the at-fault driver's insurance company along with a summary of the facts of the case, the lawyer's theory of liability and causes of action, and a demand for settlement. If settlement negotiations don't resolve your case, the lawyer will talk with you about filing a lawsuit against the other driver.

FILING COURT DOCUMENTS. If you move forward with filing a personal injury lawsuit, your attorney will file and serve a Summons and Complaint and all other required documents. The party you sue will be listed as the Defendant on the Complaint. You will be listed as the Plaintiff. The Complaint will state the facts of collision and your injuries, the legal basis for holding the defendant liable, and the types of damages that you are seeking. The Defendant's insurance company will then hire a lawyer for the Defendant who will file an Answer to the Complaint.

DISCOVERY. After both sides file and serve these initial documents, the parties will enter discovery. This is a formal evidence-exchanging process.

During discovery, your lawyer will send a list of questions, or interrogatories, to the Defendant. The lawyer will also submit a request for production of documents. Both sides may also take depositions, or sworn statements. The Defendant's lawyer may also require you to be seen and your medical records reviewed by a doctor of their choosing.

Additionally, your lawyer may consult with an accident reconstruction expert or medical experts. Those experts can help your lawyer to understand your case and provide reports. If your case goes to trial, one or more of these experts may testify on your behalf.

PRETRIAL MOTIONS AND HEARINGS. Attorneys typically use pretrial motions to compel the other side to provide evidence. However, attorneys may also file motions that are aimed at resolving a case before it goes to trial. For instance, the Defendant’s attorney may file a motion to dismiss all or part of a lawsuit based on a lack of evidence or jurisdiction. The Plaintiff’s attorney, on the other hand, may file a motion for summary judgment. This motion would argue that the facts in the case are undisputed, and the judge should, in turn, grant immediate relief.

SETTLEMENT NEGOTIATIONS. The attorneys for both sides typically try to reach a settlement before a case goes to trial. In a settlement, the Defendant agrees to pay compensation, and the Plaintiff agrees to release the defendant from liability.

The negotiation process starts with the Plaintiff making a demand for compensation. The Defendant replies with an offer. The parties may go back-and-forth several times. In many cases, the parties bring in a mediator. The mediator’s role is to get the parties to reach an agreement.

TRIAL. If the parties fail to reach a settlement, a personal injury case will go to trial. Typically, the trial involves two stages. First, the jury decides if the Defendant is liable. If so, the jury determines the amount of damages to award the Plaintiff.

COLLECTING YOUR JUDGMENT OR SETTLEMENT. After you reach a settlement with the other side or a court enters a judgment in your favor, your lawyer will go through the process of collecting and distributing the funds, including the funds owed to you.

POST-TRIAL MOTIONS AND APPEALS. If the court enters a judgment in your favor, the Defendant may file a post-trial motion that seeks to set aside that judgment or reduce the amount of damages that a jury awarded to you.

The Defendant could also pursue an appeal, which involves asking a higher court such as the Washington State Court of Appeals to determine whether any legal errors occurred at the trial. While a case is on appeal, the parties may actually resume settlement negotiations in an effort to bring timely closure to the case.

If you or someone you love suffers injuries due to another’s negligence, contact us at 253.858.5434 to set up an appointment today.

An estate plan is simply the plan someone makes for the management of their affairs if they become incapacitated and the plan for administering their estate after they die.

An estate plan is the plan a person makes for the management of their finances and health care in the event they become incapacitated, and the plan for the administration of the person’s estate after they die. Under Washington law, a person typically uses an estate plan to accomplish these goals:

* control how the person’s property will be distributed upon their death;

* avoid uncertainties in the administration of probate proceedings;

* avoid or minimize estate tax liability;

* arrange for the care of the person’s minor children and other dependents upon the person’s death;

* appoint others to manage the person’s financial and medical matters if they unable to do so, either because of age, illness, or injury; and

* choose whether life-sustaining treatment should be continued if the person is ever in a terminal or permanent unconscious condition without any reasonable probability of recovering.

Estate plans accomplish these goals using a variety of legal devices, such as Wills, Trusts, Powers of Attorney, and Health Care Directives, together with beneficiary designations and ownership interests of non-probate assets. Every person’s unique needs and goals must be considered when deciding which devices to use for the person’s estate plan.

A basic estate plan includes legal documents which, together with proper non-probate asset beneficiary designations, are likely to address the estate planning needs of a lot of people. The term “basic estate plan” is not a clearly defined term in the legal industry. We use the term “basic estate plan” to mean an estate plan made up of some or all of the following documents: a simple Will, a Durable Power of Attorney for financial matters, a Health Care Power of Attorney, and a Directive to Physicians (commonly called a "Living Will").

More complex estate plans can include Wills with Trusts for children and grandchildren; Wills with sophisticated tax planning for larger estates that use Marital Deduction Trusts, Qualified Terminable Interest Property (QTIP) Trusts, Bypass Trusts, and Applicable Credit Amount Shelter Trusts; Revocable Living Trusts, Qualified Personal Residence Trusts; Irrevocable Life Insurance Trusts; Charitable Remainder Trusts; Grantor Retained Interest Trusts; Dynasty Trusts; and Family Limited Partnerships.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Probate is simply the legal procedure your estate goes through after you die. Probate is always easier if you leave a Will that clearly defines your wishes.

In basic terms, probate is simply the legal procedure your estate goes through after you die. During this legal proceeding, a court will start the process of distributing your estate to the proper heirs.

Probate is always easier if you have a Will that clearly defines your wishes. This document helps most by naming your beneficiaries and a Personal Representative. A Personal Representative (or PR) is the person charged with overseeing your final wishes. Creating a Will makes a difficult life event a little easier on your loved ones.

It’s important to understand that your Will still must go through probate, but it’s so much simpler when you have planned ahead. During probate, a court will first authenticate your Will, and then authorize your OR to pay all debts and taxes and distribute your remaining property accordingly, per the instructions you leave.

WHAT IS PROBATE? Probate is a court-supervised proceeding that authenticates your Will (if you have one) and approves your named PR so they can distribute your property and belongings. During the probate process, all your assets must be located and assessed for total value. Once that is done, taxes and debts are paid and the remaining value of the estate is distributed.

In cases where there is no Will (meaning you died "intestate"), this process obviously becomes more complicated. Because there is no documentation stating your final wishes, it is up to the courts to handle proceedings and make all decisions for you.

WHEN IS PROBATE NECESSARY? Unless you properly plan, your estate will go through the probate process. That said, the process is greatly simplified, or potentially even totally avoided, when you have a solid estate plan in place. The more planning you do now, the easier it will be on your loved ones after you pass. One way to lessen the burden and headache of probate, or even avoid it altogether, is by creating a Revocable Living Trust. Any assets you place into your Revocable Living Trust will bypass probate.

Think about probate as a supervised process that ensures the proper beneficiaries receive the appropriate titles and assets from your estate. In cases where no Will or Revocable Living Trust is present, it is the court’s job to appoint someone to represent your estate. Some assets and property in an estate will always go through probate, while others (like those in a Trust) will not.

WHAT HAS TO GO THROUGH PROBATE? If you do not have a Will, all "non-probate assets" you you own will go through probate. This is basically anything not held in joint tenancy with right of survivorship or anything that does not have a beneficiary designation.

WHAT DOES NOT HAVE TO GO THROUGH PROBATE? Certain assets and property will not go through probate. By properly planning, you can help avoid probate for any of the following.

* Items that have a Beneficiary designation: Naming a beneficiary on an asset means you can avoid probate. For example, life insurance policies, IRAs, etc. have named beneficiaries, so proceeds go directly to them without having to go through probate.

* Items placed inside a Living Trust: Because a Trust owns the items inside it, when you die, anything in your Trust can go to your beneficiaries as specified by the Trust, thus avoiding the probate process.

* POD (payable on death) or TOD (transfer on death) items: When you title property and assets such as bank accounts, real estate, retirement accounts, stocks and vehicles with “POD” and “TOD,” you can bypass probate and pay or transfer items directly to your named beneficiary.

* Jointly titled property: Property titled jointly with rights of survivorship will automatically go to the surviving joint owner after you die. There is no need for the property to go through probate in this case.

WHAT IS THE PROBATE PROCESS? How the process of probate plays out in court largely depends on whether or not you have a Will. The biggest difference is that when no Will is present, your state's laws of intestacy will determine who receives your net estate.

1. Death Certificate. Obtain a copy of the decedent's death certificate from the county Health Department.

2. Have the Will Validated. The Will must be authenticated by the court to ensure it was properly signed and dated in accordance with the law. Once this is done, the Will is considered valid.

3. Select Someone to Conduct Probate. In cases where there's a Will, a judge formally appoints the person named as PR (only in very rare cases would the court overturn your choice). The PR then oversees the process and settles your estate. If there is no Will, the court will appoint a PR. State law sets forth the priority of people entitled to serve as PR

4. Post a Bond. Posting a bond protects beneficiaries against potential errors a PR might make during the probate process. Bonds may be quite costly, but your estate will pay for it. Bonds are not always necessary, as some states will waive them if your PR is also a beneficiary of your estate. You can also include a request to waive a bond in your Will.

5. Inform Beneficiaries & Creditors. This is likely the biggest task most PRs will undertake. It involves finding and informing any potential beneficiaries and possible creditors of your passing. They will also need to communicate with creditors to settle your debts using money from your estate. Keep in mind that in cases where there is a Will, most, if not all, beneficiaries will be named, so informing them is usually an easier task. Finding creditors can be more difficult and time-consuming, regardless of whether or not a Will is present. It should make sense that both parts of this process become exponentially more difficult when there is no Will.

6. Determine Value of Assets/Property. To determine the value of an estate, an inventory and appraisal must first be completed. This will account for everything you own at the time of your death. Sometimes, particularly in larger estates, a professional appraiser may be needed. This person understands the process of collecting and inventorying all real estate, personal, and household items to assess their value. The total combined value is then used to estimate the value of your estate.

7. Pay All Fees and Debts of the Deceased. Funeral expenses are typically paid from your estate. Once this is paid, the estate will fund the payments for medical expenses, filing and paying taxes, and handling other unpaid debts you may owe at the time of your death. This step needs careful attention, because there is potential for debtors to go after beneficiaries in the future to recoup any unpaid debts.

8. Distribute Remaining Assets. After all the debts have been paid, any remaining assets will be forwarded to the appropriate beneficiaries. The PR will transfer deeds and titles into the correct beneficiary’s name, per the direction of the Will or the court.

9. Final Report or Decree of Distribution. Once everything is all distributed, the PR files either a Declaration of Completion (basically reporting to the court and the beneficiaries all the expenses that were paid and that all distributions have been made) or files a Petition for a Decree of Distribution, requesting the court's approval of everything the PR has done.

If you have questions about the probate process or have been named as PR of a loved one's estate and need legal representation, give us a call at 253.858.5434 to set up an appointment today.

Insurance companies use many tactics to fight personal injury claims. They have an interest in denying your claim, and they're really good at it. We can help with your case!

Insurance companies use various tactics to fight your personal injury claim. They are for-profit companies that have a vested interest in denying injury claims, and many of them have gotten quite good at it. We’ve represented personal injury clients for more than two decades, and we’ve dealt with all the tactics and strategies that insurance companies tend to use time and again when defending cases.

SHIFTING THE BLAME TO YOU. Washington is a comparative negligence state, which means a personal injury claimant's damages can be reduced by the percentage of fault they themselves contributed to the collision or other incident which caused the injury. This means that in our state, if a court finds you are even 25% at fault for the accident that injured you, the amount of your jury award gets reduced by 25%.

What this means in practice is that the other driver’s insurance company will often try to convince you that your claim has a reduced or even no value because your actions played some role in the collision. However, just because they tell you that you were comparatively at fault and deny your claim doesn’t give them the final word. It simply means that you need to get a lawyer who can evaluate your case and help you examine your legal options to get fair compensation for your injuries.

FOCUSING ON A PRE-EXISTING MEDICAL CONDITION. Most personal injury claims are based on the legal theory of negligence. This means that you must show that not only did the other party do something reckless or irresponsible but also that their irresponsible actions caused your injuries. One way that insurance companies often try to dispute personal injury claims is by capitalizing on the second requirement and arguing that the victim’s injury was pre-existing rather than caused by the negligent party.

For example, suppose you were stopped at a red light when another car suddenly rear-ended you. In the past, you had occasionally complained of back pain to your doctor and visited a chiropractor for relief. A post-collision MRI shows new degenerative changes in your spine along with a disc herniation (which is where the gel-like nucleus of a spinal disc pushes through its fibrous exterior, causing pain and nerve damage).

Next, the insurance company combs through your medical records prior to the wreck and looks for any little thing they can blame your injuries on besides the collision. It doesn’t matter that you’ve had no health problems or injury issues for a long time prior to the wreck. The insurance company denies your claim, arguing that your herniated disc was present before the injury.

So how can you respond to this argument? Unfortunately, proving that an injury didn’t exist before a crash or that a crash made an injury worse can be a tricky and complex process. The best option is to work with an experienced lawyer who can carefully assess your medical records, collaborate with credible expert witnesses, and apply state law to the facts of your case.

QUESTIONING YOUR CREDIBILITY. After suffering injuries in a wreck and filing a claim, you might feel like you’re the one on trial. Insurance adjusters will scrutinize your motives and credibility, tracking your whereabouts and looking at your social media feeds to find anything they can use against you. If they find inconsistencies in your information—even ones that have innocent explanations—they’ll most likely deny your claim or use that information to offer you a low settlement amount.

It’s always in your best interest to give the insurance company and your doctors honest and accurate information. However, even if you’re being truthful, the insurance company can spin your activities and statements to seem like you have ulterior motives. (That’s why we always recommend that injured victims consult an attorney before they have any post-crash contact with the other driver’s insurance company.)

Thankfully, a skilled lawyer should be able to uncover all the relevant evidence so they can help clarify your situation and rebuild your credibility after such a defense. Your lawyer should be able to analyze the facts, point out weaknesses in the surveillance and other data, and help paint a truthful and accurate picture of your situation.

SEARCHING FOR PROCEDURAL MISTAKES. Unless you’re familiar with the Washington Rules of Civil Procedure, it’s easy to make mistakes that can reduce or eliminate your damages. All states have a strict set of rules that you must follow when you file a lawsuit. They include:

* Statutes of limitations: The law creates strict filing deadlines for most types of claims. The statute of limitations for Washington negligence claims is typically three years (two years in Idaho).

* Jurisdiction and venue issues: You must file your lawsuit in a court that has the legal authority to hear your claim.

* Insufficient pleadings: In your Complaint, you must properly allege a legal claim against the correct parties.

The court can dismiss your claim due to a single mistake in any of these areas, resulting in your case being delayed or you permanently losing your right to compensation.

Rather than risk losing your claim on a technicality, it’s almost always in your best interest to consult an attorney. An experienced lawyer can help you comply with Washington’s litigation processes and avoid costly errors.

PRESSURING YOU TO SETTLE BEFORE YOU CONTACT A LAWYER. Sometimes, the insurance adjuster will offer you a settlement and then try to convince you that hiring a lawyer isn’t worth the expense and effort. Instead, they will say, you should just take the money they offer you and move on with your life. However, when you negotiate and accept a settlement without help from a skilled lawyer, you can miss important claims and undervalue your damages. There’s a very good chance that when you take a settlement offer from the insurance company without talking to a lawyer first, you’ll end up accepting too little and discovering later that your settlement doesn’t cover the full long-term costs of your injuries.

Unlike the insurance adjuster, your lawyer will always have your best interests in mind and strongly advocate on your behalf. At our law firm, we help our clients calculate their damages accurately and educate them about their legal rights. And when you work with us, you won’t pay any attorney’s fees unless you make a financial recovery.

If someone’s negligence caused injuries to you or a loved one, contact us for a free, no-cost consultation. To schedule an appointment, call us at 253.858.5434.