Estate planning gets more complicated for people in blended families. Navigating complex relationships and the death of a spouse can create complicated financial and emotional issues. We can help.

More than half of all Americans have either been or will be included in a blended family during their lifetime. A blended family is a family unit where one or both parents have children from a previous relationship. It can be hard to navigate the complexities of these different relationships and the death of a spouse can create even more complicated financial and emotional issues. The key to minimizing stress on any family members and heirs is a well thought out estate plan that makes it possible to honor your spouse and provide an inheritance that is protected for your own children.

PLANNING DISCUSSIONS WITH A BLENDED FAMILY. Not only are the financial issues for blended families more complex, but the emotions around those decisions can be even more intensified. Especially when you are dealing with the competing interests from your own children, stepchildren, and a new spouse. Participating in family conversations early and often can better prepare everyone for what may come in the future.

THREE STEPS TO CONSIDER IN THE PLANNING PROCESS.

(1) Have a discussion with all the members of your family on topics such as guardianship, long-term goals, finances, and other contractual obligations.

(2) Compile a list of individuals you want to be named in your documents including individuals to serve as agents during your incapacity or upon your death and individuals to whom you wish to give your assets and possessions.

(3) Consider the intended amount you want each party to receive, taking into account the financial needs of surviving spouses, young children, and other dependents.

NEXT STEPS IN THE ENGAGEMENT PROCESS. Once you have a basic overview of your goals, engaging in a collaborative discussion with your financial planner and estate planning attorney will help guide your decisions. Here are a few common topics that may arise when you are having these conversations:

* Setting up a Trust. One way to avoid disinheritance is by placing some or all of your assets and property in a Trust. Establishing a Trust will allow you to provide for your spouse during their lifetime, and when your spouse dies, anything documented in the Trust will be distributed to the children accordingly.

* Trustee Selections. Choosing a Trustee to manage your estate is a very important decision. Your Trustee will oversee your assets in the event you become incapacitated. Upon your death, they are responsible for ensuring that the remaining assets are passed to your loved ones as directed. Most often a family member, friend, or a professional such as a lawyer or accountant is chosen for this role. The person you consider should be trustworthy, financially capable, and one who will understand your family’s dynamics. It is important to consider how Trust beneficiaries will respond to the designated Trustee, and how all parties may interact together, especially during an emotional time.

* Living Wills and Powers of Attorney. Any complete estate plan will incorporate a Living will, Healthcare Power of Attorney, and Durable Power of Attorney. A Living Will is a document detailing your medical wishes should you become incapacitated. A Healthcare Power of Attorney designates someone to make medical decisions on your behalf if you are unable to do so. A Durable Power of Attorney appoints someone to handle your financial affairs when you no longer can. Individuals will often name their spouse, but in blended families it can become more complicated. Whether your family is blended or not, it is important to choose someone who is trustworthy and will provide an unbiased approach when dealing with family members.

* Home Ownership. If you own your home as "joint tenants with rights of survivorship" with your spouse, upon either spouse's passing, the full value of the home would transfer to the surviving spouse. If you own your home individually, upon your death, it would transfer as directed in your estate planning documents. If you do not have an estate plan it would be passed according to your state's laws of intestate succession. If you have concerns about disinheritance after your passing, you can also consider establishing a Qualified Personal Residence Trust (a "QPRT"). A QPRT allows the surviving spouse to live in the home during their lifetime, but upon their death, the home would be distributed to the beneficiaries of the Trust.

* Tangible Property. In addition to the financial components of an estate, there are sentimental items that may have little to no monetary value, but can often cause the most contention among family members. It is important not to overlook these items in your planning. If certain possessions are jointly owned with your spouse, and you have children from different marriages, it is important to designate who would be the recipient of these possessions in your estate plan.

ESTATE PLANNING STRATEGIES TO PROTECT YOUR FAMILY AND ASSETS. As family dynamics become more complex, so do the intricacies of creating an estate plan. Depending on a family’s individual needs there are different strategies that can be used to create a successful plan. If you and your family have questions about creating or revising an estate plan, 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 starting a business and looking to form a corporation or LLC, you may be tempted to turn to online legal forms. Here's why it's important to hire a lawyer who represents small businesses.

Part of being a small business owner is looking for ways to save money–even for something as important as incorporating a business. That’s when people turn to online services like LegalZoom. Business owners might incorporate a business or form an LLC using forms obtained through LegalZoom believing that they are just being smart consumers. The mistaken assumption they make is that a lawyer would simply be filling out the same forms and submitting them to the proper government agency. But if you are considering incorporation or forming an LLC to run your business, you want to make sure it’s done right. If it isn’t, there could be serious consequences down the road that could negatively impact both your business and your personal assets.

For such complex legal business transactions, it’s important to hire a lawyer experienced in representing small businesses. While getting good legal advice or having a lawyer prepare your corporate or LLC documents may cost more initially, it could save you much more in the future.

WHAT IS LEGALZOOM? First, you need to understand exactly what LegalZoom is. According to their description, LegalZoom is an online legal portal to give you, the visitor, a general understanding of the law. They provide an automated solution to those who want to prepare their own legal documents. Essentially, they give you a simple, cookie cutter fill-in-the-blank legal form. You type in your name and address, you print out the form, and you use it. If it works for your situation, you’re in luck. If it doesn’t work in your situation, you’re out of luck. The only problem with that is that you might not fully understand what best fits your situation or the ramifications of your decisions and you don’t find that out until the document has failed.

LEGALZOOM'S TERMS OF USE. Am I just making this up out of thin air or am I getting this from a legitimate source? The fact is the information we're discussing here is taken directly from the LegalZoom website itself. The home page entices you with the idea that you’re going to get a personalized, affordable legal solution. It’s personalized because you’re the one who is filling in the blanks. It’s affordable because they are offering these fill-in-the-blank forms to you for as little as $99 dollars. But the legal protection is questionable, at best.

As to whether or not you are actually getting what you have bargained for, you need to figure that out by visiting LegalZoom’s Terms of Use page. At the bottom of the page, you will see the link. If you click on it, you will get a lengthy page of legal exclusions, waivers, and fine print about what they will not do for you.

What you really need to understand is that they will only do the simple stuff. They’ll review your answers to make sure that they are complete for spelling, along with internal consistency of names and addresses and the like.

What they won’t do is this: They won’t review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, selection of forms, tax implications, strategies, or apply the law to the facts of your particular case.

In essence they’re doing nothing for you. Why is that? LegalZoom is not a law firm. They are required by law to inform you of this. More importantly, they are prohibited from performing the services performed by an attorney. So, essentially, they are simply a legal document preparation service providing a simple, fill-in-the-blank form. And you are, in essence, your own lawyer.

They further tell you that “LegalZoom and its services are not a substitute for the advice of an attorney.”

And lastly, they tell you that, “LegalZoom strives to keep its legal documents accurate, current and up-to-date.” However, as they recognize, the law changes rapidly and can vary greatly from state to state. That means they can’t guarantee that the information on the site is completely current. Furthermore, the legal information contained on the site is not legal advice and is not guaranteed to be correct, complete, or up-to-date.

So if you choose to use LegalZoom to complete important legal transactions, what you’re doing is putting your personal assets and your family's resources at risk by using their fill-in-the-blank forms that have no guarantees. You have no idea whether or not they’re correct, complete, or up-to-date.

SO WHAT'S OUR ADVICE? Our advice is to tell you what LegalZoom ultimately tells you on the site themselves. And that is this:

“If you need legal advice for your problem or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.”

That’s the best thing that this site does for you. Unfortunately, it’s buried in the terms of use. If you’re going to use this site or, furthermore, encourage somebody else that you care about to use the site, spend some time reading their terms of use and understand what you’re getting. I would submit to you that it’s not what you think you bargained for.

STARTING YOUR SMALL BUSINESS THE RIGHT WAAY. If you want to incorporate your business or form an LLC, get it done the right way. Contact us at 253.858.5434 to set up an appointment today. We have more than 24 years of experience forming corporations, LLCs, and partnerships for small businesses in Washington and more than 14 years of experience doing it in Idaho. As a trusted advisor, he can provide legal advice and services tailored to your specific business needs. We can help you determine which business entity is right for your company or answer questions about business issues. So what are you waiting for?

Careful consideration should be made when entering into a real estate investment partnership. The best way to protect everyone is with a written partnership agreement.

It is common for family members, significant others, friends, or business associates to invest in real estate together. The financial benefits of sharing investment costs allow for a larger down payment and larger purchase price. You should consider the financial strength of your partner and their trustworthiness. Disputes can arise between partners so careful consideration should be made before entering into a real estate investment partnership. Common issues that cause disputes include:

* Payment structures and distributions including profits and losses

* Property maintenance, including taxes, insurance, and repairs

* Responsibilities of partners

* Defaults

* When to sell

* Rent Increases

* Tax issues

* Decision making process

* Termination

* Death, incapacity or divorce

The best way to protect your partnership interests is to have a written partnership agreement. Depending on the type of entity you choose, we can prepare the appropriate agreement. For instance, you may want to form a general partnership, joint venture, limited partnership, or limited liability company. The agreement should set forth the responsibilities of the partners, funding, distributions, maintenance costs, and allow for either partner to terminate the agreement as well contain a provision for death, incapacity, or divorce, if applicable. The agreement sets forth each partner's rights, responsibilities, and legal obligations and eliminates misunderstandings.

Further, if a dispute arises between the partners, it can be resolved quicker by referring to the partnership agreement. The partners should try and resolve the dispute in a friendly manner first. Sometimes this may involve asking a third party such as a friend or family member to help. Another way to resolve the dispute is for one partner to sell their interests to the other partner and dissolve the partnership. If the parties are unable to come to a resolution, they may need to hire a lawyer or settle their dispute in accordance with the dispute resolution method set forth in the agreement. Common dispute resolution methods include mediation, arbitration, or filing a lawsuit in court.

We help you resolve an investment partnership dispute by reviewing the partnership agreement and advising you of your legal obligations and responsibilities. We can prepare a letter or memo to the other partner or their lawyer as well as prepare any legal documents to resolve the matter. Sometimes disputes must be decided in court. We can file legal documents with the court, defend and represent you and your interests in an investment partnership dispute matter.

If you're thinking about buying real estate with another person and have questions about how we can be of service, give us a call at 253.858.5434 to set up an appointment today!

Hiring an experienced personal injury lawyer is vital if you've been injured in an auto collision.

Hiring an experienced personal injury lawyer is vital if you are injured in a wreck. Unfortunately, we see many individuals attempt to represent themselves and generally fail miserably for several reasons. There are numerous studies illustrating that a claimant who is represented by legal counsel nets (after medical bills and attorney fees have been paid) in excess of 300% on average more money than those that handle their own auto collision claim. This number would be higher if we did not have so many personal injury settlement mills (usually the biggest advertising firms found on TV and radio) who often leave significant money on the table at the time of settlement.

If you opt to handle your own injury claim, the insurance company will offer you a minimal amount of settlement money intending for you to go away. In fact, insurance companies usually make such offers within days following the collision hoping to take advantage of the victim. At such time, you will not have any idea as to the extent of your injuries, prognosis, or the need for future medical treatment. These propositions are known in the industry as “nuisance value offers.” In other words, the insurance company sees the claim as a mere nuisance. They view the unrepresented injury victim as one who has “no bite behind their bark.” The insurance company will take the position that you have no ability to do anything beyond demand money as the unrepresented party does not know the lay of the land in litigation and will get chewed up by a seasoned insurance defense lawyer.

Sadly, we have seen many individuals take minimal settlements after executing a release of the negligent party. When they contact us months later after undergoing significant medical treatment, it is too late because they have signed away their legal rights.

Keep in mind that an injury victim that is not represented by a lawyer is at a major disadvantage to an insurance company with a whole team of people that handle personal injury claims all day every day. An unrepresented claimant lacks the experience or training necessary to properly negotiate with an insurance carrier. Further, such individuals will not have a thorough understanding of negotiating the medical bills they will surely incur as a result of treating for their collision-related injuries. Most claimants lack the financial resources to retain the best experts available (assuming they even know who they are) to illustrate the compensation that is commensurate with the injuries, harms, and losses suffered.

As Clarence Darrow famously said, the person "who represents himself has a fool for a client.” Do not go at it alone. Do yourself a favor and research the best lawyers in your area. Choose a law firm that can go toe to toe with the biggest insurance carriers. Look at what former clients say about their experience with the law firm. Do they offer personal attention or will you rarely if ever be able to get your lawyer on the phone?

Many law firms promise the moon with expensive TV and radio ads. However, this is nothing more than a personal injury settlement mill. At our law firm, you and your case will get the individual attention you deserve. If you or a friend or family member has been injured in an auto collision due to someone else's negligence or recklessness, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today!

A Power of Attorney allows a person you appoint - your "attorney-in-fact" or your "agent" - to act in your place for financial purposes when and if you ever become incapacitated.

For most people, the durable power of attorney is the most important estate planning instrument available--even more useful than a Will. A power of attorney allows a person you appoint--your "attorney-in-fact" or “agent”--to act in place of you–the “principal”--for financial purposes when and if you ever become incapacitated.

In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservatorship, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.

A power of attorney may be limited or general. A limited power of attorney may give someone the right to sign a deed to property on a day when you are out of town. Or it may allow someone to sign checks for you. A general power is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself.

A power of attorney may also be either current or "springing." Most powers of attorney take effect immediately upon their execution, even if the understanding is that they will not be used until and unless the grantor becomes incapacitated. However, the document can also be written so that it does not become effective until such incapacity occurs. In such cases, it is very important that the standard for determining incapacity and triggering the power of attorney be clearly laid out in the document itself.

However, lately we have found that clients are experiencing increasing difficulty in getting banks or other financial institutions to recognize the authority of an agent under a durable power of attorney. A certain amount of caution on the part of financial institutions is understandable: When someone steps forward claiming to represent the account holder, the financial institution wants to verify that the attorney-in-fact indeed has the authority to act for the principal. Still, some institutions go overboard, for example requiring that the attorney-in-fact indemnify them against any loss. Many banks or other financial institutions have their own standard power of attorney forms. To avoid problems, you may want to execute such forms offered by the institutions with which you have accounts. In addition, many attorneys counsel their clients to create living trusts in part to avoid this sort of problem with powers of attorney.

While you should seriously consider executing a durable power of attorney, if you do not have someone you trust to appoint it may be more appropriate to have the court looking over the shoulder of the person who is handling your affairs through a guardianship or conservatorship. In that case, you may execute a limited durable power of attorney simply nominating the person you want to serve as your conservator or guardian. Most states require the court to respect your nomination "except for good cause or disqualification."

If you have questions about how durable powers work, give us a call at 253.858.5434 to set up an appointment today.

We can help you start your small business, by addressing legal issues that face start-ups, advising on business organization, and preparing contracts and agreements to use in your transactions.

For many people, starting a small business is living out a dream—to become an entrepreneur. To become one's own boss. Starting a small business is an admirable goal. However, one must act carefully, especially since it often requires a very significant investment of resources. It is important to take into consideration both the many financial issues and the legal issues. Starting a business on the right legal footing could be critical to its future.

If you are starting a small business, we can assist you. You need to address many legal issues that face start-up businesses. We can advise you on your new business's legal organization. We can help you by preparing contracts and agreements so that your transactions go smoothly.

BUSINESS ORGANIZATIONS IN WASHINGTON. One of the first steps to opening a business is forming the legal entity that will be doing business. The best type of business organization for your company will depend on your goals and circumstances.

Many businesses start as sole proprietorships or general partnerships. Sole proprietorships are the most common type of small business. Sole proprietorships and general partnerships do not have to register with the Washington Secretary of State. Neither are formal business entities. They are not taxable for federal purposes; the proprietor or partner simply reflects the business’s income or loss on their personal income tax returns. While relatively simple and flexible, sole proprietorships and general partnerships have many disadvantages, chief among them that the sole proprietors and partners are personally liable for any debts or any legal liability that their business might face.

Small businesses may also create a more formal structure to conduct business. These business organizations have advantages over sole proprietorships and general partnerships. By creating a formal business organization, the owner can still reflect the business income and losses on their personal tax return, but can generally be protected from personal responsibility for the business’s debts and other liabilities. A formal structure requires certain filings with the Washington Secretary of State, which we can help you with.

Some of the different types of business structures that you may consider are:

* LIMITED PARTNERSHIP (LP): In a limited partnership, there are two different classes of partners: General partners and limited partners. Like in a general partnership, general partners have unlimited liability for the company's debts. However, there are also limited partners, who are not liable. Limited partners have less control of the company than general partners. The circumstances in which a limited partnership is the best option are narrow, but may occur if one or more partners is putting in significant capital but not taking a role in managing the company.

* LIMITED LIABILITY PARTNERSHIP (LLP): In an LLP, the partners share management of the company, with all partners on the same level, unlike the tiers in an LP. However, the partners will not be personally liable for any debt, under most circumstances.

LLPs tend to be attractive options for firms of professionals, like law firms, accounting firms, or architectural and engineering firms.

* LIMITED LIABILITY COMPANY (LLC): Despite its name, in Washington, an LLC can actually have just one owner/member. An LLC is governed by an operating agreement that sets out the specific agreement of the members, and establishes procedures for making future business decisions. We can help you form your LLC by filings with the state government, and draft the operating agreement that embodies the agreement of the members with one another.

* CORPORATION: Corporations with a small number of shareholders, or “closely held corporations” are sometimes a good option for beginning a small business. We can advise you if your particular circumstances merit forming a closely held corporation.

AGREEMENTS AND FORMS FOR NEW BUSINESSES. One of the key elements of preparation for opening your business is being ready to actually conduct transactions. There are many agreements you will need to make, and will need to make many more throughout the course of your business: agreements with vendors, suppliers, landlords, clients, customers, employees, and others. We can advise and negotiate on many important contracts to help make sure you're getting off on the right foot. We can also help you draft agreements for use throughout the course of business.

Opening your own business is an exciting time, but there's significant risk involved. Having an experienced lawyer on your side can help you understand the risks and make informed decisions. We have been assisting entrepreneurs open their own businesses for nearly 25 years. Call us today at 253.858.5434 to set up a consultation.

What is a "Spendthrift Trust"?

At their most basic level, Trusts are agreements based on the trust and confidence between the Trustee and the Trustor, who is the person making the Trust. The Trust Agreement authorizes the Trustee to administer the Trust assets and distribute them to the beneficiaries named in the Trust, according to the terms of the Trust document. A "Spendthrift Trust" is a specific type of Trust that you should consider including in your estate plan.

DEFINITION. A Spendthrift trust is the type of trust that provides property control by limiting the beneficiary’s access to the trust assets. Typical restrictions can protect Trust property from beneficiaries who could potentially squander that property, as well as protect the assets from the beneficiary’s creditors.

PURPOSE. Spendthrift Trusts are most often created by a Trustor who desires to leave property to a beneficiary whom the Trustor is concerned may not have the ability to use the property wisely, or could potentially have problems with creditors. A Spendthrift Trust can ensure that a portion of the Trust property can be made available to the beneficiary, while preventing the beneficiary from squandering it all at once.

INCLUDING THE APPROPRIATE TERMS FOR ASSET PROTECTION. There are certain terms that must be included in a Trust in order to ensure that it will properly protect the assets you place into the Trust. First, any interests you leave to your heirs must be either contingent on a future event or condition, or the interest must be subject to the Trustee’s complete discretion.

HOW IT WORKS. Spendthrift Trusts place restrictions on the access a beneficiary can have to the Trust principal. Primarily, the beneficiaries are not allowed access to the principal, nor can they promise the assets to anyone else. In other words, if a beneficiary cannot access the funds in the Trust, those funds would not be subject to their creditors either.

ACCESS IS ONLY AVAILABLE THROUGH THE TRUSTEE. Because the beneficiary of a Spendthrift Trust cannot have direct access to the Trust assets, their benefits can only be received through the named Trustee. This can be accomplished in the form of a regular payment from the Trust (like an annuity) or possibly goods or services bought for the beneficiary by the Trustee.

REASONS WHY MOST SPENDTHRIFT TRUSTS ARE PREFERRED. Spendthrift Trusts are generally most useful when the Trustor needs to leave property or cash for a beneficiary about whom they are concerned may not be the best at managing that property. Some reasons behind the need for more control might include that the beneficiary is not particularly good with money or is prone to getting in debt with numerous creditors. The beneficiary may also be an addict, which could lead them to squander the proceeds in order to feed that addiction. Beneficiaries who are easily deceived or defrauded may also be in need of protection from a spendthrift trust.

CONSIDERATIONS WHEN CREATING YOUR SPENDTHRIFT TRUST. The first thing to consider is the need to consult an estate planning attorney. Your lawyer can help you create your Trust by asking detailed questions about what you seek to accomplish. They can help you determine whether a Spendthrift Trust is actually right for you and your beneficiary.

You should also consider when and how do you want the Trust to be terminated and what should happen to the Trust principal if the beneficiary’s circumstances change. For instance, if the beneficiary dies or becomes better able to manage trust funds. Another consideration is whether you need to include provisions that allow for special payouts when the beneficiary incurs substantial expenses.

THE GENERAL BENEFITS OF A TRUST. Just like your Will, a Trust can provide a way for you to determine now how and when your property will be distributed upon your death. However, unlike a Will, a Trust can also give you a way to protect those assets in situations where a particular beneficiary may need special assistance in managing that property. Another advantage is that a Trust can help you avoid the time and expense of the probate process.

If you have questions about Trusts or other 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.

Rules Regarding Wrongful Death Lawsuits in Washington

When a person dies as a result of another party's negligent, reckless, or intentional act, the deceased person's survivors could be entitled to file a wrongful death lawsuit. A case qualifies under Washington's "wrongful death" statutes when "the death of a person is caused by the wrongful act, neglect, or default of another." (RCW 4.20.010) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by:

* a negligence-based incident (such as an auto collision)

* medical malpractice, or

* an intentional act (including a crime).

It can be helpful to think of a wrongful death claim as a personal injury case in which the injured person can no longer pursue their own case. Although the deceased person cannot bring their own personal injury claim, another party may step in and bring the wrongful death case to court on the deceased person's behalf.

Some states' laws allow the deceased person's surviving family members to file a wrongful death lawsuit. Washington law, however, requires the Personal Representative (formerly called the "executor" or "administrator") of the deceased person's estate to bring most wrongful death claims. If the deceased person has executed a Will, they will most likely have named the Personal Representative there. If there is no Will or the named Personal Representative cannot serve, the court can appoint someone to act. Note that while the Personal Representative must file the wrongful death lawsuit, any damages awarded are for the benefit of the deceased's survivors, not the estate itself.

SPECIAL RULES FOR FILING A WRONGFUL DEATH CLAIM FOR A CHILD. As noted above, the PR must file the wrongful death lawsuit in most cases. However, RCW 4.24.010 allows a parent or legal guardian to file a claim for the death of a child only if the child has no surviving spouse, domestic partner, or children, under the following circumstances.

* If the child was a minor (younger than 18 years of age). A parent or legal guardian may file a wrongful death lawsuit—or join a wrongful death action—if they have regularly contributed to the child's support.

* If the child was an adult (18 years of age or older). A parent or legal guardian may file a wrongful death lawsuit—or join a wrongful death action—if they have had "significant involvement" in the life of the adult child. Under Washington law, "significant involvement" includes giving or receiving emotional, psychological, or financial support, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

TIME LIMITS FOR FILING WRONGFUL DEATH CLAIMS. A wrongful death claim in Washington must be filed within three years of the date of the person's death, a time limit set by the "statute of limitations." If the case is not filed within three years, the court will refuse to hear it. (RCW 4.16.080(2))

Note: Other time limits could apply if the death was the result of medical malpractice.

DAMAGES. "Damages" are the plaintiff's claimed losses in a personal injury case. In a successful wrongful death lawsuit, the court will award damages to the deceased person's survivors to compensate for a range of losses. Damages commonly awarded in a Washington wrongful death case include compensation for:

* the deceased person's last medical bills

* funeral and burial expenses

* lost financial support the deceased would have contributed to their family

* the value of lost household services the deceased would have provided, and

* the loss of the deceased's love, care, affection, companionship, and training.

In Washington, damages are for the benefit of the deceased's surviving spouse or domestic partner and children (including stepchildren). If there is no spouse or domestic partner or children, damages are for the benefit of the deceased's parents or siblings.

Under RCW 4.24.010, parents or guardians of a deceased child may recover damages for:

* the child's health care expenses

* loss of the child's services, financial support, and other economic losses

* loss of the child's emotional support, love, and companionship, and

* destruction of the parent-child relationship.

Wrongful death claims can be complicated—and the law can change at any time. If you're thinking of filing a wrongful death lawsuit in Washington, it's a good idea to consult an experienced lawyer. Give us a call at 253.858.5434 and we can explain how the law applies to the circumstances of your case.

During a personal injury lawsuit, a witness may have their deposition taken. A deposition is a question & answer session used during the pre-trial process to gain information about the case.

During a personal injury lawsuit, the plaintiff, defendant, and other witnesses may have their depositions taken. In a deposition, the witness testifies under oath as part of the "discovery" process. A deposition is a question-and-answer session used in the pre-trial process of a civil lawsuit, to gain information about the case and explore paths toward potential evidence that might be used by either side.

WHAT IS A DEPOSITION? At a deposition, a person appears at a specified time and place and gives sworn testimony—under oath, with a court reporter present so that a record is made. Depositions typically occur during the discovery phase of a personal injury case (after the filing of a lawsuit, but before trial or settlement). Similar to what happens at trial, a lawyer will ask questions to the person being deposed (the "deponent"). In some circumstances, the deposition testimony may be admissible in court.

COMPELLING A WITNESS TO ATTEND A DEPOSITION. Subject to limited exceptions, you can depose any person who may have knowledge of the facts related to the lawsuit. Naturally, many people will not voluntarily appear at a deposition out of pure good will. Depositions can be very long and stressful. But a person can be compelled to attend a deposition through the use of a subpoena. A subpoena must be served on the potential deponent through service of process. This typically involves hiring a process server. (Your lawyer will be very familiar with this procedure.)

A subpoena commands a person to appear at a specific place and time to give testimony. The actual subpoena must follow strict guidelines, including naming the court and title of the action, commanding attendance, and including specific text. There are protections afforded to a subpoenaed person. A motion to "quash" or "modify" a subpoena may be filed with the court for a number of reasons, including failure to allow reasonable time to respond to the subpoena, and when the compliance with the subpoena would require a person to travel an unreasonable distance.

WHY TAKE A DEPOSITION IN A PERSONAL INJURY CASE? There are several reasons for taking a deposition in different kinds of personal injury cases, including:

* to obtain important facts about the case

* to gather information about the strengths and weaknesses of the parties' arguments in the case

* to figure out how effective (how credible, how sympathetic, etc.) a plaintiff or witness will be when testifying at trial, and

* to determine how and when the underlying collision or injury occurred.

HOW A DEPOSITION WORKS IN AN INJURY CASE. When either side of the personal injury case (plaintiff or defendant) wants to schedule a deposition, they must give reasonable notice to all parties according to local court rules, but the deposition may be in almost any location. Many lawyers choose to hold depositions at their office or at a court reporter's office (there must be a court reporter present to record the entire deposition, and the person who scheduled the deposition is usually responsible for the costs associated with the court reporter).

Similar to trial, one attorney typically begins the questioning, and other attorneys have a chance to follow up with their own questions. During questioning by an examining attorney, opposing attorneys can object to certain questions and subject matter. Unlike a trial, there is no judge to rule immediately on objections. Therefore, the objection is noted on the record, but the questioning proceeds. A deponent can only be instructed to not answer a question in very limited circumstances.

DEPOSITION STRATEGY IN A PERSONAL INJURY CASE. As part of discovery, depositions are used to obtain information that will help your side of the personal injury case.

Many lawyers prefer to ask broad questions and allow the deponent to provide a long answer. Often, the deponent will inadvertently admit a key fact when they go beyond the boundaries of providing a concise answer. So, a lawyer defending the deposition will usually advise the deponent to provide short and concise responses.

If you've got questions about what to expect during your deposition, your lawyer will have the answers. If you or a friend or family member has a personal injury claim or is involved in a personal injury lawsuit, give us a call at 253.858.5434 to see how we can help.

A Directive to Physicians (also called a Living Will) is a legal document that allows you to express your wishes for future medical treatment when you are unable to express them or are near death.

A Directive to Physicians (also called a Living Will or Advance Directive) is a legal document that allows you to express your wishes for future medical treatment when you are unable to express them or are near death. The document allows people who clearly do not want their lives prolonged to make their wishes known.

Your Directive to Physicians is only used if you have a terminal condition as certified by two physicians, where life-sustaining treatment would only prolong the process of dying; or you are certified by two physicians to be in an irreversible coma or other permanent unconscious condition and there is no reasonable hope of recovery. In either situation, your directive allows treatment to be withheld or withdrawn so that you may die naturally.

In your Directive to Physicians, you may also direct whether you would like artificially provided nutrition (food) and hydration (water) stopped in the above situations. You may also give further written instructions regarding your care. If you have given someone else authority for making decisions, through a Health Care Power of Attorney, you may also direct that person to follow and honor your Directive to Physicians. You can change or revoke your Directive to Physicians at any time.

Your Directive to Physicians must be signed by you and two witnesses who are not related to you by blood or marriage and who will not inherit anything from you. Your witnesses may not be your attending physician, an employee of your attending physician, or a an employee of health care facility in which you are a patient.

Your Directive is valid indefinitely, unless it contains a predetermined expiration date, or it is specifically revoked by you in a separate writing. Your Directive should be reviewed from time-to-time to insure it accurately reflects your current wishes.

A Directive to Physicians that meets the requirements of your home state may not meet the requirements of other states. Most states, however, will recognize a properly completed Directive that is legally executed in another state. If you have a dual residency or spend a lot of time in another state, you may wish to consider having your Directive meet the laws of both states to the extent possible.

You should make sure that your Directive to Physicians has been properly signed, dated, and witnessed by two adults, each of whom should NOT be a person who is also designated as your Health Care Agent, if any is appointed, to avoid any appearance of coercion. Keep the original with the rest of your important papers and in a location where your family can find it in case of an emergency. Safe deposit boxes are not a good place to keep your Directive because your family may not have access to the box without a court order, which may take time to obtain. If someone else has authorized access to your safe deposit box, you may place a copy of your Directive in your box together with a note of where the original may be found.

Give copies of your completed Directive to your family, your doctors, health care providers, your Health Care Agent, if any is appointed, and anyone else who is likely to be called if you experience a medical emergency. You should instruct these people to present a copy of the form to any hospital, health care provider, or medical personnel upon demand.

If you anticipate surgery or hospitalization, you should bring a copy of your Directive with you and give it the hospital admittance personnel. A copy of your Directive, rather than the original, may be relied upon by your doctors in most instances.

Before you begin giving your Directive to your family, doctors, and others, as mentioned above, you should first create a list of people who you intend on giving it to, including their addresses and telephone numbers. You should attach this list to the original for safe keeping. Should you ever decide to change or revoke your Directive, you will need to know who you gave previous directives to so not to cause confusion in a time of need or in case of an emergency. Anyone who subsequently receives your Directive should be added to your list.

You are free to revoke your Directive to Physicians at any time. This can be done with a revocation document or simply destroying the original Directive. To insure that the revocation is recognized, you should inform both your doctor and other health care providers so that they are fully aware of your decision. You should do this, in writing, as soon as possible after revoking your Directive. You should also send notice of your decision to everyone on the list you created of people who have received a copy of your Directive.

You should discuss your Directive to Physicians with your doctor and family members. If you have any legal questions or concerns about the use and effect of this directive, give us a call at 253.858.5434 and we would be happy to discuss them with you.

Probate is the legal process that takes place after someone dies that determines how the deceased person's assets will be distributed.

If you’re involved in administering and settling an estate, one of the first questions you ask is probably, “What is probate?” Probate is the legal process that takes place after someone dies that determines how the deceased person’s assets will be distributed.

In most circumstances, the Personal Representative named in the Will assumes the role of handling probate. If there's no Will, state laws of intestacy will decide the rules of inheritance. Keep in mind that the probate process and timeline will vary depending on the state but, in general, probate law requires these steps.

STEP 1: FILE A PETITION TO OPEN A PROBATE ESTATE. You’ll have to file a request with the Court in the state where the deceased person lived. Here in Washington, a probate petition can be filed in any county in the state, as long as no one objects to venue, in which case the matter will have to be transferred to the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the Personal Representative representing the estate. In addition to the petition, you’ll need to file a valid Will, if one exists, and the death certificate. If there's a Will, the Court will automatically appoint the persona named as PR (assuming they are able and willing to serve). If there is no Will, and if the heirs don't consent to the appointment of the nominated PR, then a hearing is scheduled to approve the Personal Representative (or hear objections from other parties). If you’re approved as PR, the court will officially open the probate case and you will now be able to act on behalf of the deceased’s estate.

STEP 2: GIVE NOTICE. You’ll need to mail a notice that the estate is in probate to all creditors, beneficiaries, and heirs (as required by law). You will also publish a notice in a newspaper in the county where the deceased person lived at the time of their death.

STEP 3: INVENTORY ASSETS. Collect, inventory, and appraise all assets that are subject to probate, such as:

* Bank accounts.

* Retirement accounts.

* Stocks and bonds.

* Real estate.

* Personal effects, such as vehicles, art, jewelry, etc.

STEP 4: HANDLE BILLS AND DEBTS. Collect money owed to the estate, such as outstanding paychecks and rents. Also review any outstanding bills and debts, as well as any creditor's claims that are properly filed with the court, and decide whether/how they must be paid. This may require some sleuthing on your part. You might need to go through checkbooks, emails, and/or bank accounts to gather information. You'll need to ensure the estate's assets can cover all debts before paying them. If not, the court will prioritize creditor claims.

You'll also need to pay all applicable taxes, as well as file a final income tax return on the estate. It's usually a good idea to set up an estate account for paying the estate's final bills and expenses.

STEP 5: DISTRIBUTE REMAINING ASSETS. With all claims, taxes, debts, and expenses paid, you'll give the remaining property to the rightful heirs and/or as the Will directs.

STEP 6: CLOSE THE ESTATE. Once everything has been distributed, you’ll submit receipts and records of everything to the court and then ask for the estate to be closed – and to be released from the role of Personal Representative.

If you’d like some guidance as you go through the process, we can help. Give us a call at 253.858.5434 to set up an appointment today.

Injury cases typically arise from auto collisions involving adults. But what if a child is injured? The law has special rules for injury cases involving minors.

Injury cases typically arise from auto collisions and other incidents involving adults. But what if a child is injured? The law seeks to protect the interests of children who are injured and has fashioned special rules for compensation in cases involving children. Any settlement reached for injuries suffered by a child must be approved by the court, even if no lawsuit is initiated. If a minor is injured in a collision and their parents hire a personal injury attorney to pursue a claim against the insurance company, the court’s approval is required when any settlement is ultimately reached.

In effect, an additional procedural layer has been created by statute that requires your lawyer to petition the court for approval of the settlement. When the court receives notice of the settlement, a person known as a Settlement Guardian ad Litem (or SGAL) is appointed by the court. This person is provided with information regarding the incident and injuries and assesses whether the settlement is in the interest of the child. The SGAL then will make a recommendation to the court based upon their evaluation.

Most minor settlements will also require some forethought regarding placement of the settlement funds. The parents are not entitled to the money received in the settlement. Instead, the money is usually placed into a blocked account or an annuity contract is purchased where the money can await the child to reach the age of majority. In cases where significant amounts are involved (more than $250,000 or so), the court may direct that yet lawyer be appointed to prepare a Trust for the child and a separate Trustee be appointed to administer, invest, and distribute that Trust.

It is important that you hire a personal injury attorney who is familiar with the law regarding minor settlements and who can help guide you and your family through the process. Our law firm has represented numerous minors in injury claims throughout Washington and offer a free consultation to discuss your claim. Give us a call at 253.858.5434 to see how we can help!

Deciding who will serve in the role of a "fiduciary" for you, your children, and your estate can be one of the most critical decisions you need to make as part of your estate plan.

In the estate planning context, a “fiduciary” is someone who will serve in a role of authority with regard to you, your assets, or your minor children. Fiduciary roles which may be part of an estate plan can include a Personal Representative, a Trustee, a Guardian and/or Conservator, an Attorney-in-Fact, and a Health Care Agent. Deciding who will serve in these roles can be one of the most critical decisions you need to make as part of creating your estate plan.

Some fiduciary positions must generally be filled by individual appointees, such as the roles of Attorney-in-Fact, Health Care Agent, and Guardian. Other fiduciary positions, such as the roles of Personal Representative, Trustee, or Conservator, can be filled by individuals, but in some cases it may be better to use a corporate fiduciary, such as a bank or trust company. A corporate fiduciary can also be used along with an individual co-fiduciary in certain cases.

How do you select a fiduciary? Certain criteria apply to any fiduciary choice, and the consideration process should look at the following factors:

* Is the nominee honest and trustworthy beyond doubt? A fiduciary role generally carries with it a lot of power, often coupled with low or no outside supervision. You do not want a fiduciary role filled by someone who may be tempted to abuse its power.

* Is the nominee responsible and willing/able to spend the time and effort to manage all needed tasks? A fiduciary is responsible for carrying out a number of tasks, many of which have strict timing requirements, and many of which are tedious and potentially time-consuming. You need to be sure that the nominee will do everything needed in a timely manner, and with great attention to detail. The fiduciary will often be able to hire people to assist with tasks, but the fiduciary is still responsible for ensuring everything gets done on time and correctly.

* Is the nominee generally reasonable and willing to work out disputes in a calm and logical manner? If disputes or concerns arise, you want the fiduciary to be someone who will deal with the issues in a reasonable manner and help keep the various parties calm so the issues do not get out of hand. Part of the fiduciary’s job is to help avoid potentially destructive litigation, not to throw fuel on any fires.

* Is the nominee someone who is good with financial issues? Many fiduciary roles involve dealing with assets–either your own or ones you have left to loved ones. Any nominee for such a fiduciary role needs to be able to handle financial and economic issues with safety and being conservative in mind. The fiduciary should not be someone who will make high-risk investments or take imprudent risks with the assets, and the fiduciary should also be someone who has enough sense to hire appropriate advisors, such as investment advisors, lawyers, and CPAs, when dealing with issues the fiduciary is not fully equipped to address alone.

* Is the nominee someone who is not likely to create disharmony among your beneficiaries, and who does not have any strong conflicts of interest? Some fiduciary roles, especially those of Personal Representative and Trustee, have powers and responsibilities over beneficiaries and can affect the beneficiaries’ interests in ways which the beneficiaries may not like. If the fiduciary is someone who is also a beneficiary, or who has a family relationship with the beneficiaries, the chance that the fiduciary’s actions will make the beneficiaries unhappy may be significantly increased. For example, if one child is named as PR or Trustee, where they need to deal with issues such as how assets are invested or distributed, the other children may be unhappy even if all of the fiduciary child’s actions are perfectly reasonable, simply due to resentment that the one child was given power over them. An all out family dispute can be the result of this situation. As another example, if a child is both the fiduciary and one of the beneficiaries, that child has to balance his beneficiary interest with his fiduciary duty to treat all beneficiaries fairly. If the other beneficiaries perceive the fiduciary child’s actions as benefiting that child over other beneficiaries, it could lead to accusations that the fiduciary child breached his fiduciary duties, which can again lead to resentments and potentially destructive litigation.

How do you decide to select a corporate fiduciary instead of, or in addition to, an individual? If there are insufficient assets available, then a corporate fiduciary may not be a realistic option (normally at least $1,000,000 in asset value, depending on the desired corporate fiduciary). However, if there are sufficient assets, you should consider selecting a corporate fiduciary, especially where there is not an obvious individual choice available. Corporate fiduciaries generally meet the criteria for fiduciary selection discussed above. In addition, the corporate fiduciary usually provides a team of dedicated professionals who are used to dealing with estate or trust administration issues, who have extensive experience and resources behind them, and who are dedicated to maintaining contact with the beneficiaries. Many people are afraid that a corporate fiduciary will cost too much. However, the corporate fiduciary often provides many services for which an individual fiduciary would have to hire third parties, such as investment management and tax return preparation.

Corporate fiduciaries provide a neutral, third-party perspective, which can be very helpful when dealing with potentially sticky issues such as when and how to make distributions to different beneficiaries of an estate or trust. However, for situations where the advice of a family member, close friend, or an individual advisor who knows the beneficiaries well may also be helpful, a corporate fiduciary can be named along with the desired individual(s) as co-fiduciaries. In such a situation, the corporate fiduciary can focus on the more routine tasks such as investment management, bill paying, and records maintenance, leaving the individual fiduciary free to focus on the beneficiaries’ needs and wants. A great example of a situation where it can be beneficial to have both an individual and a corporate fiduciary would be a supplemental needs trust, where the trust is intended to provide for a disabled beneficiary without causing the beneficiary to lose eligibility for

needs-tested benefits such as Medicaid. The corporate co-trustee of a supplemental needs trust can generally be counted on to ensure that the trust meets all restrictions and requirements, and the individual co-trustee can focus on communicating with the beneficiary and their caregivers to ensure that any needs or wants which the trust could fulfill are known, and that the beneficiary is receiving appropriate care and services, as well as companionship and fun.

What specific tasks do the different fiduciaries handle?

An Attorney-in-Fact is someone who can handle your finances and property matters on your behalf without court approval or oversight while you are still living. Having a Durable Power of Attorney which appoints an attorney-in-fact can help avoid the need for someone to be appointed as your conservator if you become incapacitated on a long-term basis during your lifetime. However, if you do not have someone who is completely trustworthy to serve in this role, you may be better off not creating a Durable Power of Attorney, since this position is easily abused.

A Health Care Agent works with your doctors, hospital personnel, other health care providers, and health insurance companies on your behalf if and when you are incapacitated or otherwise unable to deal with these matters on your own behalf. Having a Health Care Power of Attorney which appoints a Health Care Agent can help you avoid the need to have someone appointed as your guardian. It can also help ensure that the person making these decisions for you is the person you would want making them.

A Trustee handles the long-term administration of any trusts created under your estate plan, including deciding how trust assets are invested and used for or distributed to the trust’s beneficiaries. Please note, a Trustee can serve either for you, during your lifetime, if you have created a revocable living trust, or for your desired beneficiaries after your death.

The Personal Representative handles the probate and estate administration processes after your death, if there are any assets which need to be distributed under your Will. This is a relatively short term position. If the Will provides for assets to be distributed to any trusts, the Trustee appointed will take over eventually.

The Guardian will take custody of any minor child or children who survive you (if the children’s other parent is not still living), and effectively acts as a replacement parent.

A Conservator is appointed to take care of any assets which may pass to a minor child outright; if you have a well-drafted estate plan which provides for trusts to be created for minor children, a conservator may not be needed, unless the children already have assets in their names before your death.

As part of developing an estate plan, it is critical to consider fiduciary selection issues and select appropriate nominees for the various fiduciary roles. We have lots of experience in helping our clients think about these issues. To request further information on these issues, or to schedule a meeting with us to review your current fiduciary choices and consider any necessary or desirable changes, please do not hesitate to contact us at 253.858.5434.

If you have a child under 18, you should have a Will to name a guardian in the event of your death. Establishing guardianship in a Will is one of the best things a parent can do for their child.

If you have a child under the age of 18, you should have a Will to name a guardian for your child in the event of your death. Establishing guardianship in a Will is one of the best things a parent can do for their child. Why is it so important? Because if something happens to you, you would surely prefer to choose who assumes legal guardianship of your child instead of letting the court decide.

While it isn’t automatic that a court will approve your selection regarding guardianship of a minor, it is highly likely.

FACTORS TO CONSIDER WHEN DECIDING ON YOUR CHILD'S GUARDIAN. Choosing the guardian for your child is an extremely personal decision, but there are some common factors that parents should consider when coming to this decision. Some things to think about include the following:

* Personal and religious values: You most likely would prefer that your child is raised in a manner similar to how you would have raised them, which means that the more your chosen guardian’s personal beliefs and goals are in line with yours, the better.

* Keeping children together: If you have more than one child and are determined to keep them together, you should consider this in the choice of guardian and specify as such in your Will. Can your chosen guardian handle all of your children, emotionally and otherwise, and will the families blend well if the guardian already has children of their own?

* Financial situation: While ideally you will have provided financially for your children through estate and financial planning, it is a good idea to consider the financial position of a potential guardian when making your decision. Some parents choose to name someone else besides the chosen guardian to handle a child's inheritance; this is to prevent one person from having control over everything regarding the child, so this may be something else to consider regarding finances.

* Special needs: If you have a child with special needs, can your chosen guardian handle the care of your child, both financially and emotionally?

* Age of potential guardians: Although grandparents are often the first choice for parents in choosing guardians, be sure to consider the age and general health of grandparents when deciding. Will they be able to handle the physical demands of the guardianship of minor, especially if your children are still really young?

* Location of potential guardians: Will your child have to move far away from your home and everyone they know? How far away will other family members and important people in your child’s life be? Will your child have to change schools?

After choosing your guardian, although not legally required, it is highly recommended that you have a frank discussion with the person you would like to select as the guardian of your child to make sure they are willing and able to take on this esteemed role.

ESTABLISHING GUARDIANSHIP IN YOUR WILL. Establishing guardianship in a Will can be achieved by including the information in the document, which then must be properly executed according to state law (signed, witnessed, etc.). Note that if your child’s other parent is still alive, you should make sure they also name the same guardian in their Will in the event of both of your deaths. Consider, as well, naming an alternate guardian should your first choice be unable to take on the responsibility for any reason.

While it may not be a pleasant subject to think about, once you have included your choice for your child's guardian in your Will, you will have greater peace of mind knowing that your children will be well taken care of in the event of your death. After all, providing for your children is your most important duty as a parent, and part of that is making sure they are in good hands no matter what happens.

Start protecting your loved ones and assets by creating an estate plan today. Give us a call at 253.858.5434 to set up an appointment. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Usually, auto collisions involving serious or long-term injuries require a lawyer to get the most desirable outcome. Hiring a lawyer almost always ensures a much better settlement.

Usually, auto collisions involving serious or long-term injuries require a lawyer to get the most desirable outcome. Auto collisions bring with them a host of questions. Who is at fault? Who pays for damage to my car? Who will pay for my medical bills? How much should I get for "general damages," e.g., pain and suffering, emotional distress, etc.? Can I ask the insurance company to reimburse me for lost wages? A lawyer can be extremely helpful in negotiating the often chaotic and confusing world of insurance claims and settlements.

Because most personal injury attorneys work on a contingent fee basis, and only get paid if there is a successful resolution to your claim, there is often little incentive to try to handle these types of claims on your own, unless no injuries or serious damage were involved and a settlement would be very small. If you're injured in a collision, then hiring a lawyer will almost always ensure a much better settlement.

KNOWLEDGE OF LAW AND PROCEDURAL RULES. Hiring a lawyer to represent you after a car crash means you will have a professional working for you--one who is knowledgeable about the relevant laws and procedural rules that may affect your case. A lawyer can advise you of any time limits (i.e., statutes of limitations) that can bar you from filing a lawsuit against the at-fault driver. For instance, here in Washington, you must file your lawsuit within three years of your collision or be forever prohibited from filing your lawsuit; in Idaho the statute of limitations is two years. A lawyer will also be able to inform you about any special exceptions to the statute of limitations--for minors, for example.

Your lawyer can file a lawsuit on your behalf and will know how best to mitigate any possible defenses raised by the other side. In addition, once your case gets under way, your lawyer will play an invaluable role in preparing your case for trial--and even going to trial if your case doesn't settle.

Even though a lawsuit is rarely necessary, the threat of legal action offers strong leverage when negotiating a fair settlement.

Finally, and perhaps most importantly, having an attorney who is knowledgeable about the law evens the playing field, especially when you are going up against the experience and vast resources of a large insurance company.

LAWYERS DO THE LEGWORK. There is a lot of work that goes into negotiating an insurance settlement and trying a personal injury lawsuit. After you have been in an auto collision, taking on this time-consuming work may be the last thing you want to do, assuming you're able. A lawyer can do it for you.

Whereas this may be your first time dealing with the ins and outs of an injury claim, personal injury attorneys have dealt with all manner of claims and a variety of insurance companies. They have experience obtaining the necessary evidence to support your claim, including gathering police reports, witness statements, medical records and bills, and employment and lost wage information.

Your lawyer will also be able to organize the evidence and prepare a settlement demand package for the insurance company. If you are unable to settle your case, your lawyer can take care of filing the necessary paperwork to start a court case and can deal with the defense attorneys on your behalf. Having someone knowledgeable handling the hard work of your case eases the burden on you, which is especially important if you have been seriously injured and are trying to recover from your injuries.

AN ATTORNEY ADVOCATES FOR YOU. Perhaps the most important way a lawyer can help you with your auto case is by being your advocate. This means that your lawyer acts on your behalf and for your benefit throughout the entire claims process (negotiating with the insurance company) and even in court if a lawsuit becomes necessary. They will be your champion before the judge, jury, and other lawyers, making sure that your side of the story is heard and that you are compensated for all of your losses.

Having an experienced and articulate advocate working for you is essential in obtaining a reasonable and fair resolution in your personal injury case. If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.