If you've been in an auto collision and are in the process of filing a personal injury claim, you need to take care with your social media accounts. Problems arise when too much gets shared online.

For most of us, social media is a big part of our lives. We share posts and photos on Facebook and Instagram to stay connected with friends and family. When something notable happens to us, good or bad, we share it. But if you've been in an auto collision and are in the process of filing a personal injury claim, you must take care with your social media accounts. In our experience, we’ve seen all kinds of problems arise when too much gets shared online. We don’t want this to happen to you. So, we’ve come up with some social media rules to follow while your personal injury claim is pending.

ADJUST YOUR PRIVACY SETTINGS (BUT KNOW THAT NOTHING IS EVER REALLY PRIVATE). Please understand that nothing you share online is ever going to be private. Even so, you should still take steps to control what you can. This is a good opportunity to review your social media privacy settings. Here are some privacy settings we recommend you make on Facebook (all of these can be changed by going into Settings – Privacy):

* Who can see your future posts? – Select “Friends” (or use “Friends Except” to make exclusions)

* Review all your posts and things you’re tagged in – Enable

* Limit the audience for posts you’ve shared with friends of friends or Public? – Limit Past Posts (if you’re comfortable doing so)

* Who can send you friends requests? – Select “Friends of Friends”

* Who can see your friends lists? – Select “Only Me”

* Who can look up your email? – Select “Friends” or “Only Me”

* Who can look up your phone? – Select “Friends” or “Only Me”

* Do you want search engines outside of Facebook to link to your profile? – Select “No”

For each social media platform you use, take a few minutes and go into your privacy settings, buttoning down as much as you’re able.

RESIST THE IMMEDIATE TEMPTATION TO POST ABOUT YOUR COLLISION. Consider you make the following Facebook post in the moments after an auto collision:

“I was just in an accident, but don’t worry – I’m OK! I guess the errands will have to wait until tomorrow. Can’t wait to get home and unwind.”

Often, we get an immediate urge to let friends know when something upsetting has happened. We also want to share our relief at coming through alive. But here’s why you should avoid making that post: the insurance adjustor is totally going to use it against you.

That seemingly harmless Facebook update is pure gold in the hands of the adjustor. First, you stated that you’re “OK” even though you might not have realized the extent of your injuries. Also, your statement about wanting to go home and resume errands the next day could be taken to discredit your claim. There are many important things to do after a car accident. Posting about it on social media is not one of them.

AVOID CREATING NEW POSTS WHILE YOUR LAWSUIT IS ACTIVE. Many of our clients are surprised when we caution them about posting on social media. The truth is social media is accessible, which makes it easy for insurance adjustors and defense attorneys to view. If they can find a way to use what you’ve shared against you, you can bet that they will.

Imagine you’re an insurance adjustor. You locate the following social media posts of a personal injury claimant named John. How might you frame these posts to discredit him?

* A picture of John at a family picnic, a week after his car crash. He’s holding his toddler granddaughter, smiling.

* A post where John wishes his wife a happy anniversary and says “I hope to get us to Mexico to celebrate soon!”

* A friend posts on John’s timeline, asking how he’s doing since the collision. John replies, “All good!”

Now, these posts do not disprove that John is injured. He might have been on heavy medication during that family picnic and in bed the rest of the day. John might be dreaming of Mexico, even though the reality is he’s not going anytime soon. Maybe John is still struggling with injuries, but is trying to stay positive and doesn’t want to worry his friend. But posts and pictures can (and will) be taken out of context.

When you’ve filed a personal injury claim, avoid posting anything on social media. You can’t predict how your posts or pictures can be used against you. Nothing you post on social media will benefit your case.

ENCOURAGE FRIENDS AND FAMILY TO AVOID POSTING ABOUT YOU. When you call up your friends and family to tell them about your injuries, encourage them to keep quiet, too. You do not want your mom posting about your collision or saying that you’ll be “using a good lawyer to go after that jerk!” This is another reason why you want to make sure you can review all photos and posts made on your timeline. Finally, use good judgment with your public activities during this critical time. As much as you want to muscle through and go to that Seahawks game you already paid for – maybe it’s not worth it.

DON’T PRIVATE MESSAGE OTHERS ABOUT YOUR CASE. OK, you think – I won’t post any status updates. I’ll just jump on messenger and let my friends know what’s going on real quick with my legal situation. Here again, we’re going to caution you. Anything you share online, even private messenger, isn’t 100% private. In some cases, courts have ordered plaintiffs to hand over their social media user names and passwords. While this is an extreme example, it’s best to avoid discussing your case online at all.

ASK YOUR LAWYER FOR SPECIFIC ADVICE. We get it. There may be situations where it’s impossible for you to avoid social media. Maybe you’re social media influencer or YouTuber with followers in the hundreds of thousands. Or you may have other work-related reasons to continue posts or online activity. This is where your lawyer comes in. Ask them for how to navigate your life online during this time.

CONSIDER TAKING A SOCIAL MEDIA HIATUS. The best way to make sure your social media doesn’t impact your personal injury claim? Stay off of it until your case settles! Use the time to focus on your physical and mental health as you recover. Have a friend over for coffee and to catch up on how you’re doing in person. Buy yourself a journal so you can chronical your feelings on paper – and not on Facebook.

If you or a friend, family member, neighbor, coworker have been injured in an auto collision, we have 20+ years of representing injured people and their survivors. Give us a call at 253.858.5434 to make an appointment for a free initial consultation today.

Most people put off estate planning. Let's face it, it ain't fun. But the most important step in making sure your affairs are in order is to have basic estate planning documents in place.

Most people put off estate planning. Let’s face it, you have to pay a lawyer and you have to consider death and a bunch of other unpleasant scenarios. Personally, there are a whole lot of other things I would rather do.

Most often people finally do their estate planning and draft a Will when they have to, which is often after they have children, get married, buy a house, have a significant business, or their spouse has badgered them into it.

Remember, the most important step in making sure your affairs are in order is to have the basic estate documents in place. They can include a Will, a Durable Power of Attorney for finances, a Health Care Power of Attorney, and a Directive to Physicians (commonly called a "Living Will"). In Washington and Idaho, which are both community property states, this can also include a Community Property Survivorship Agreement for married couples. In addition, you should review your assets and how they are titled. You should review your insurance and ensure you understand where and how your property will go. You should consider estate taxes and make sure they are minimized.

Estate planning arranges your affairs so your property will be transferred smoothly and properly when the time comes. It ensures you are in control and protects your spouse and your children. It maximizes your assets and minimizes the cost.

So, how often should your estate plan be reviewed? If nothing sudden or significant has happened such as the birth or adoption of a child, divorce, marriage, death of a family member, change in jobs, or change in your balance sheet or assets, then a good benchmark for reviewing your estate plan is every 3 or 4 years.

By “reviewing your estate plan,” I mean to sit down with your lawyer and walk through your goals and objectives in light of your current situation. Analyze whether your current documents achieve those goals. Determine whether your property goes where intended and your insurance is in place to protect your loved ones. Ensure the titles on your assets and the beneficiaries are optimized. You may find that you need to change some things like updating the Personal Representative or the guardians, changing the order of the Trustees, changing titles to assets, naming beneficiaries, implementing tax planning to minimize estate taxes, or taking steps to avoid probate.

If you have questions about creating an estate plan or reviewing and updating an existing 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.

Recent Changes to the Washington Long-Term Care Trust Act/WA Cares Fund

For our business clients - On January 27, Governor Inslee signed two bills passed by the Legislature making key improvements to the WA Cares Fund. These reforms will address coverage gaps and delay program implementation by 18 months. Changes include:

* Workers near retirement (born before 1968) will be able to qualify for partial benefits on a pro-rated basis.

* Workers who live out of state and work in Washington, military spouses, workers on non-immigrant visas, and certain veterans with disabilities will be able to opt out of the program if they choose.

* Workers will begin contributing to the fund in July 2023. Employers will refund any premiums collected in 2022 so far.

Most immediately, premium collection for WA Cares won’t begin until July 2023. The Employment Security Department (ESD) won’t accept any WA Cares premium payments for the first quarter of 2022.

Newly updated information and guidance is available on the WA Cares website. For now, employers should:

* Stop withholding WA Cares premiums from employee earnings.

* Reimburse employees for WA Cares premiums within 120 days of the date premiums were collected.

* Continue to maintain copies of exemption approval letters for workers who’ve provided them.

If you're a small business owner with employees and have questions about these recent changes to the Washington Long-Term Care Trust Act, give us a call at 253.858.5434.

Personal injury lawsuits exist so that plaintiffs can hold negligent parties accountable and get the compensation they deserve and need.

When you suffer an injury in an auto collision that someone else caused, you could be left with massive medical bills, lost wages, and other expenses that shouldn’t be your responsibility. The change to your life could range from a mere inconvenience to something you’re not sure you could crawl out from. Either way, that’s why personal injury lawsuits exist: You, the plaintiff, can hold the negligent party accountable and get the compensation you deserve and need.

HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH? The value of your case depends on a few key factors: the circumstances of your collision, the severity of your injuries, and limits on insurance coverage, among other things. The primary driver behind case value is how much the plaintiff could get in the damages, including:

* Past medical bills;

* Future medical bills;

* Lost wages;

* Loss of earning capacity;

* Pain and suffering;

* Mental and emotional distress; and

* Loss of enjoyment of life.

Some of those considerations might not have a clearly articulated value at first. However, based on our knowledge adn experience, we can offer an estimated case value after fully assessing your medical records, police records, statements, and other evidence, such as the progression or regression of your physical and mental state after an auto collision. The whole picture can provide a window into what to expect from a personal injury lawsuit.

COMPENSATION FOR DAMAGES IN A PERSONAL INJURY LAWSUIT. As mentioned above, plaintiffs can get compensation for certain types of damages related to their injuries. Essentially, personal injury lawsuits are filed to seek compensation, also known as “damages,” for the harms plaintiffs have suffered. The idea is that an injury victim is compensated so that they don't have to bear the financial burden of the consequences of another’s actions.

There are several different types of damages you could get in a personal injury lawsuit, some of which are “economic” and tied to specific costs incurred in the aftermath of an injury, and “noneconomic,” which are more subjective. What is available and how (and if) they are limited depends on where you live and/or where the injury occurred.

* Medical Bills. Those involved in a car crash might need to get medical care. This can include tests, treatment, hospital stays, and outpatient care to address immediate injuries. However it doesn’t always end there. Medical care could also be required on an ongoing basis, especially if there are serious or permanent injuries. Overall, this can be expensive. The injured person can face medical bills that are thousands or even hundreds of thousands of dollars. Damages assessed against the defendant in a settlement or trial should, ideally, cover all of this.

* Lost Wages. You were injured and you had to miss work. Maybe it was just a matter of using some sick time to go to doctor’s appointments or perhaps you were in the hospital and had to take a lot of time off. Or you were injured so severely that you can no longer work. Whether it’s the loss of a few days or the inability to work at all going forward, you could be entitled to compensation for those lost wages.

* Pain and Suffering. This category of compensation is calculated and awarded based on the depth and breadth of the pain and suffering you’ve endured—your type of injury and what medical treatment was required. To get this kind of compensation, the plaintiff will need to have as much evidence as possible to prove the impact of an injury caused by the negligence of another.

Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.

In gathering sufficient evidence that accurately represents your condition, you are providing information a jury (or even an insurance adjuster) could use to estimate how much money you should get for pain and suffering. In court, there generally isn’t a single, standard calculation used to assess a dollar amount on pain and suffering, although you will read about a “multiplier” calculation around the internet. Essentially, a jury could award compensation for pain and suffering based on fairly subjective factors, such as the credibility of the plaintiff’s testimony and whether they even like the plaintiff. Having records and related evidence can help bolster your case for pain and suffering compensation in the face of these subjective factors.

* Emotional Distress. This type of compensation is related to an injured person’s mental and emotional state following an injury. After all, severe injury isn’t exclusive to a person’s exterior. Depending on the nature of the collision, a personal injury victim could suffer anything from anxiety and depression to severe mental trauma, such as PTSD. Acquiring damages from emotional distress typically requires you to have comprehensive and accurate records from your therapist, psychologist, or psychiatrist, as well as a diagnosis of a specific psychiatric condition.

* Wrongful Death. Wrongful death claims are civil actions filed by survivors of an individual killed due to the negligence or misconduct of another party. Survivors are left without the love, support, and income of the deceased family member, and courts can award compensation accordingly.

The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover the lost income, leftover bills, and funeral expenses survivors face because of the death of their family member. It is also designed to help compensate for less specifically quantifiable aspects of a wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent. For example, laws will generally refer to this as something like “lost parental companionship, instruction, and guidance” for children who survive their parents.

* Loss of Consortium. If you or a loved one are in collision and injured to such an extent that you can’t truly carry on a complete relationship with your spouse or partner (or them you)—or one of you were killed in a collision—you could be eligible for compensation for loss of consortium (also called “loss of companionship”).

WHAT YOUR LAWYER DOES. Your lawyer is at the front line of your fight to get the compensation you deserve in a personal injury suit. First, they will assess your case to best determine how to fight for you. They will:

* Gauge the depth and breadth of your injuries and the negligent circumstances involved;

* Investigate the scene of the crash;

* Question witnesses;

* Request documentation;

* Work with medical experts;

* Review documents, photos, and videos; and

* Work with experts who can reconstruct the scene of the colllision.

That’s not all, though. They will use all of that information to go head-to-head with the defendant’s insurance company and/or attorneys to get you the best compensation possible.

YOUR ROLE IN YOUR LAWSUIT. When you’re the client in a personal injury case, there are only a few things you need to do, including:

* Don’t admit fault for your injury;

* Continue getting treated by your doctor;

* Document any ups and downs you encounter because of your injury; and

* Give your lawyer any documentation you have that can help your case: police report, insurance documents, and photos or videos you have of your injuries or the accident scene, among other things.

If you or a loved one have been injured in an auto collision and need legal representation to present your claim for damages, give us a call at 253.858.5434 to set up a meeting for a free initial consultation right away.

Using charitable trusts as part of your estate plan can mean saving taxes and supporting causes you value.

It's the time of year when some of our estate planning clients start thinking about making charitable donations in the new year. Charitable donations have the dual purpose of saving taxes and supporting valued causes. For individuals with substantial estates, this could mean hundreds of thousands of dollars in tax savings. Charitable trusts are an ideal way to accomplish this goal. The rationale for the different treatment of charitable trusts is that society wants to encourage charitable giving.

Typically, the same rules that apply to formation and governance of a private trust apply to charitable trusts. The primary differences include that charitable trusts must benefit a charitable purpose, that a charitable trust is exempt from the rule against perpetuities and is therefore easily modified, and that the state attorney general, rather than ascertainable beneficiaries, is the primary party with standing to enforce a charitable trust.

You can make a charitable remainder trust while you are still living and receive income from that property for the rest of your life. Both your income and your eventual estate may benefit from substantial tax savings, depending on the size of the charitable remainder trust. This trust is irrevocable.

Suitable charitable purposes include objectives like the relief of poverty, the advancement of education, or any other purpose sufficiently beneficial to the community to justify the trust’s preferential treatment. A trust to promote a political party is not a valid charitable purpose. However, a trust for the improvement of the structure and methods of government, in a manner advocated by a particular political party, is charitable. A trust to bring about a change in the law may be considered a valid charitable purpose, provided the purpose is not to bring about those changes by illegal means. In short, the scope of a charitable trust is construed relatively broadly.

A charitable trust may be valid even if the people who directly benefit are limited in number. However, a trust to educate a particular person or named persons does not qualify, nor does a trust to educate the trustor’s descendants, although scholarship trusts have been found to constitute valid charitable trusts even if the trustor’s family is given preferential treatment. The trustor is also permitted to delegate the selection of the charitable purpose to the trustee.

The rule against perpetuities is typically rationalized by a desire to limit trustors in what they can control from the grave. However, there is less concern for this with charitable trusts due to the doctrine of "cy pres." Cy pres dictates that if the trustor’s named charitable purpose becomes illegal, impossible, wasteful, or impracticable, the court may direct the application of the trust property to another charitable purpose that approximates the trustor’s intent. In order for cy pres to apply, a court must determine that the trustor had some general charitable purpose, such as for the benefit of elementary education, rather than a narrow purpose, such as exclusively wanting to benefit a particular charity. The rationale for the cy pres doctrine is that society wants to ensure that charitable trusts serve charitable purposes.

The trustor should make sure to use the exact legal name of the charity to avoid confusion and determine whether the charity is tax-exempt for federal estate tax purposes. The terms “benevolent” and “philanthropic” should be avoided because they have been found to be broader than “charitable.” You should hire an experienced estate planning lawyer to ensure your charitable trust is properly drafted.

If we can be of service to you, your family, neighbors, or coworkers, 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.

We have over 25 years' experience helping clients create estate plans, from young families with simple plans to clients who need sophisticated tax, business succession, and charitable giving planning.

We have more than 25 years of experience helping families create estate plans and organize their affairs. We have worked for clients with a variety of needs, ranging from young families who require only simple planning to those with sophisticated asset structures who require tax, business succession, charitable giving, and other more complicated planning.

The process is simple and starts with filling out our new client estate planning questionnaire, which can be found on our website. The financial information from the questionnaire assists in the determination of the estate planning strategies best suited for the individual client. The questionnaires are reviewed prior to or during the attorney consultation to allow us to present an initial set of questions and recommendations at the first meeting.

The terms below may assist in understanding the estate planning process.

COMMUNITY PROPERTY AGREEMENT. This is a contract between a married couple that all property owned or to be owned by a married couple is jointly owned by each other and that a deceased spouse's share is to vest automatically in the surviving spouse, thereby alleviating the need of probating the estate of the first spouse to die.

DURABLE POWER OF ATTORNEY/HEALTH CARE POWER OF ATTORNEY. These are documents that give someone else full legal authority to make financial and/or medical decisions on your behalf in the event of your incapacity due to age, injury, or illness, alleviating the need of a guardianship.

DIRECTIVE TO PHYSICIANS ("LIVING WILL"). In the event of a terminal illness or injury, this document serves as your instructions to your doctor and your family regarding artificial means of sustaining your life or discontinuing the artificial support systems.

ESTATE AND GIFT TAXES. These are taxes assessed against the net assets of an estate, which must be paid by the administrator or executor from the estate’s assets.

REVOCABLE LIVING TRUST. Your property is placed in the living trust while you are still alive. Upon death, your property automatically goes to your heirs without going through probate court.

PROBATE. This is the legal process in which a court oversees the distribution of property left in a Will.

TRUST. This is property given to a Trustee to manage for the benefit of a third person, the Trust beneficiary. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years; it's an agreement under which one person transfers title to specific property to another who agrees to hold or manage it for the benefit of a third person.

WILL. This is the legal document that dictates how your property will be divided upon your death. It may also designate trustees/guardians for your children.

TESTAMENTARY TRUST. You can create within your Will a "Testamentary Trust" for the benefit of your children or perhaps grandchildren, in order to preserve assets for their benefit, fund their college educations, and get them launched in life. If the parents have died, all of their assets would flow into a Testamentary Trust for the benefit of the children. That money is managed by the Trustee whom you have selected, and the money is held and disbursed according to the terms of the trust language. Often parents decide to hold money until each child has reached the age of 25, and sometimes longer, depending on the circumstances. Trust assets can also be used for medical expenses; other educational expenses; perhaps a down-payment on a first house, etc.

TESTAMENTARY SPECIAL NEEDS TRUST. Creating a Special Needs Trust within your Will is a method to leave assets to a child or other loved one who has a disability, and who once they reach the age of 18 will qualify for need-based government benefits, such as SSI or Medicaid. Holding these assets in a Special Needs Trust allows the disabled beneficiary to continue to receive these government benefits, without being disqualified for having assets above the minimum threshold. Money held in a Special Needs Trust can be used for extra expenses to help make the beneficiary’s life better, things like travel, education, and other experiences outside of everyday life expenses. A Special Needs Trust can be written into your Will to provide a useful bequest to a loved one you wish to remember in your legacy.

We encourage everyone to have a comprehensive estate plan, regardless of age or economic situation. If you have questions about how we can be of service to you, your family, friends, neighbors, or coworkers, 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 were injured in a car crash that wasn't your fault, you have the right to hire a lawyer to help you file a claim or lawsuit against the at-fault driver.

If you got into an auto collision that was not your fault, you have a right to hire a lawyer. You may assume that because you did not cause the crash, everything will work out in your favor, but you may need to prove that you did not commit any wrongdoing.

While you do not need to seek legal counsel, a lawyer may help you file a claim or lawsuit against a negligent party. Getting into a collision due to another person's negligence typically results in stress, frustration, and injuries. We do not want you to worry about tackling everything yourself after an avoidable collision; we can handle the legal process for you.

FOCUS ON GETTING GETTER WHILE WE FOCUS ON YOUR CASE. You will want to seek medical attention following an auto collision, even if you feel fine. Medical records may help you file a claim with your insurance company. Remember that you do not have to accept the initial settlement an insurance company offers you. If you do, you may lose your rights to pursue a lawsIfuit to receive fair compensation should your injuries prove more devastating in the future.

A lawyer may help you build your case and speak with your insurance company so you can focus on your recovery. Our goal is to reach a settlement that you deserve, but we have no issue going to trial and fighting for you there as well.

WHAT A LAWYER CAN DO FOR YOUR CASE. There is no reason you should be paying out-of-pocket expenses for property damage and injuries that someone else caused. If you become a client, we can answer all your questions, discuss your legal options, and keep you updated throughout your case.

The liable party should face the consequences of acting negligently and pay for the losses you suffered. To demonstrate evidence that you suffered at the hands of the defendant’s carelessness, a lawyer may do the following:

* Obtain a police report that details how the collision occurred

* Speak with witnesses and gather testimony from them, or hire a private investigator to do so

* Use the help of expert testimony and accident reconstruction specialists

* Talk to your doctor and get your most recent medical records

PROVING NEGLIGENCE. An attorney may also bring in the four elements of negligence to prove your innocence in the matter. The elements of negligence include:

* Duty of care: The other motorist owed you a duty of care.

* Breach of duty of care: The other driver violated this duty of care.

* Causation: The liable party’s breach of duty of care caused losses and injuries.

* Damages: You, the plaintiff, suffered economic losses and injuries that a financial award may cover.

You should not have to feel any anxiety about your losses extending into the future if your injuries prove permanent.

FINANCIAL AWARDS YOU MAY RECEIVE. You may qualify for both economic and non-economic awards, depending on the losses suffered in your case. A few of these losses may include:

* Pain and suffering

* Medical bills

* Mental anguish

* Property damage

* Physical therapy

* Lost wages

If you suffered through no fault of your own, you may pursue an insurance claim or lawsuit to recover a settlement. If you have questions about a personal injury claim, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

Owners of family businesses face challenges when preparing their estate plans. We have been doing estate planning for owners of family businesses for over 25 years.

We have been doing estate planning for owners of family-owned businesses for 25 years. We know that family-owned businesses face challenges when one or two children have chosen to work in the business. Sometimes there is preferential treatment, either with economics or voting and control of the business.

As estate planning lawyers, we can serve as sounding boards in creating a balance between what will be best for the business and what will work to maintain peace and cohesiveness in the family. With experience in guiding families through this process, we are able to provide an unbiased view and can be helpful when hard decisions need to be made.

Another part of the plan is having the family and the estate planning lawyer meet with other professionals, such as a wealth manager and CPAs. This is especially helpful when the owners are reluctant to talk about what is happening in the business with their children, before clarifying their own thoughts about the business. Taking time to step back and gain some perspective before holding a family meeting where decisions are made will give the owners more clarity.

A succession plan often starts a business plan. Once there is a plan for the future of the business, it’s an easier transition to financial and estate planning. Taking these steps can help the business be successful. Any business will run better when the numbers and projections for future growth are in place. Banks and other lenders look favorably on a company that has its financial reports in place.

This also permits tax planning to be done properly. In some cases, transferring a business or other asset while the owner is still alive can be beneficial in the long run, even with today’s higher federal estate tax exemptions.

To transfer the business to one or more children and give them an opportunity to succeed on their own, through their own efforts, consider bringing them in as a responsible manager with some ownership.

It’s challenging enough to run a small business from day to day, much less to plan for the future. In the back of every business owner’s mind they know that, like it or not, the day will come, if they’re lucky, when they will decide to retire from the business and either dissolve it or sell it. But if they are not so lucky, business owners may become incapacitated or unexpectedly die before they are ready to give up control of their business. All of these scenarios require advance planning and legal assistance. Otherwise, it’s a failure to meet critical responsibilities to employees, other owners of the business, clients/customers, and family members who may be counting on the value of that business as a needed asset. At our law firm, we stand ready to listen to your goals surrounding business succession, and to provide legal support as it relates both to your business and also to estate planning.

If you have questions about passing on your family-owned business to the next generation, give us a call at 253.858.5434 to see how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Hiring a lawyer is often confusing and daunting, especially if you've never done it before. But when you're starting a business, it's crucial.

Hiring and working with a lawyer is often confusing and daunting, especially if you’ve never done it before. But when you’re starting a business, it’s crucial. With the right expertise on your side, you can feel confident you’ve got your legal ducks in a row as you’re getting down to business.

WHAT SHOULD NEW ENTREPRENEURS LOOK FOR WHEN HIRING A LAWYER? First and foremost, look for “fit” (i.e., someone you trust, get along with, enjoy working with, feel has an interest in you and what you’re working on, and can relate to you). Referrals are often the best place to start. Just as important, you want someone that is competent, responsive, and experienced with the types of legal issues with which you will need help. The considerations that go into incorporating a restaurant, for example, can be very different from the considerations for incorporating a software company.

WHY DO START-UPS NEED A LAWYER? At the most basic level, start-ups need lawyers to help them deal with three groups:

(1) The government. You don’t want to violate laws. You also need to be sure you are doing business in a way that doesn’t create unnecessary tax liability and that you pay the taxes you owe.

(2) Third parties and the public. It’s essential to make sure you take reasonable steps to control risk in your interactions with customers, suppliers, users, employees, and the general public.

(3) Each other. When multiple people form a company together, it’s best to establish the rights and expectations of the founders upfront in case there are disagreements down the line.

The most likely times for start-ups to get lawyers involved include:

* Incorporation and forming a business entity

* Hiring employees

* Negotiating contracts with customers and suppliers, including establishing terms of service for websites and license agreements for software

* Raising capital

* Obtaining patents and registering trademarks (for some companies)

HOW DO LAWYERS BILL THEIR TIME? The lawyers most start-ups will deal with are likely in the $300-$500 per hour range, but this varies from law firm to law firm, obviously. Most law firms bill in increments of six minutes (i.e., 0.1 of an hour), but some charge in 0.25 hour increments. The range for hourly rates is huge. A junior associate attorney at a small firm in a smaller city may charge $150 an hour, while senior partners in big law firms in major cities have been known to charge over $1,000 an hour.

While the hourly rate is certainly a crucial part of the costs, you’ll also want to consider the mix of lawyers that will doing your work. Within a firm, the hourly rate for a senior lawyer can be three times more than the rate of a first-year lawyer (but for more complicated tasks, the senior lawyer may be able to do it in a third of the time). There isn’t one right answer as to the mix of senior and junior lawyers, but it is something to consider.

HOW MUCH WILL IT COST TO INCORPORATE YOUR NEW START-UP? If you work with a lawyer, you can probably expect to pay between $2,000 and $5,000. This can vary depending on complexity: how many founders, what “bells and whistles” will be included, whether you are doing an LLC or a corporation, and how you handle certain items, such as stock option plans, classes of stock, shareholder agreements, etc.

WHEN SHOULD YOU USE A LAWYER, AND WHEN IS IT OK TO USE ONLINE FORMS LIKE LEGALZOOM? The real value of a lawyer at the incorporation stage isn’t really in preparing the actual documents, but in helping you figure out what you need (LLC vs. corporation, what sort of vesting schedule makes sense, what to consider in preparing your shareholders' agreement, etc.). LegalZoom can be good if you know exactly what you need, but it can’t advise you on what is appropriate for your specific situation, and it won't advise you on the ramifications of your specific choices.

IF YOU'RE ON A BUDGET, WHICH LEGAL PRIORITIES SHOULD YOU FOCUS ON? Priorities that need to be addressed early on include:

* Establishing a business entity of some sort (LLC, partnership, limited partnership, or corporation) to protect you personally from business liabilities

* Establishing the ownership and equity rights of the company if there are multiple founders

* Ensuring the business’s intellectual property is protected and owned by the company (especially if it is being developed by independent contractors)

* Making sure you are paying attention to the tax consequences of what you do, particularly when it comes to granting people equity

If you're looking to start up a new business in the coming new year and need legal advice and representation, give us a call at 253.858.5434 to set up an appointment today. We've been representing small and medium-sized businesses and nonprofit organizations for 25 years and proudly represent clients throughout Washington and Idaho. We are available to meet in person, by phone, or via video conference.

Estate planning for couples in a second (or subsequent) marriage can get complex, especially when there are kids from previous relationships involved, and may involve the creation of a QTIP Trust.

In a second (or third or subsequent) marriage, a spouse may feel torn between the needs of their current spouse and the needs of children from a previous marriage. These children may worry that the parent’s current spouse will exhaust their inheritance, especially if your spouse does not have a good relationship with their stepchildren. Fortunately, you can meet the potentially conflicting needs of your spouse and your children from a prior marriage by creating a certain type of trust. A QTIP (“qualified terminable interest property”) trust allows an individual to name their second spouse as a life beneficiary of the property in the trust and children from a prior marriage (or any beneficiary whom the individual chooses) as the final beneficiaries. The property in a QTIP trust qualifies for the unlimited marital deduction, but it does not avoid estate tax when the second spouse dies.

As a result, your spouse will have a limited set of rights to use the property in the trust during their lifetime. They will not be able to leave the property in the trust to anyone else. Meanwhile, your children will receive all of the property in the trust once your spouse dies. (In the event that your spouse dies before you do, the property in the trust will pass directly to your children or the other final beneficiaries of the trust without needing to make any adjustments.) This arrangement also can work for people who are not married when they have children from a previous relationship.

RESTRICTIONS ON YOUR SPOUSE'S RIGHTS. You have substantial discretion to determine how much to restrict your spouse’s rights. This might involve naming someone other than your spouse to be the trustee of the trust, such as one of your children. Alternatively, you might want to allow your spouse to receive income from the trust property but prevent them from being able to spend trust principal.

If you own real estate with a spouse in a second marriage, you might want to allow your spouse to live in the house for the rest of their life if they survive you. You also might feel just as strongly that you want the house to belong to your children from your first marriage once your spouse has died. You can accomplish both goals by putting the house in a trust that allows your spouse to use it but does not allow them to sell it. Some related issues that you may need to address include whether your spouse can rent the house and use the income from rent, as well as who is responsible for paying for maintenance and taxes on the house.

Often, each spouse in a second or subsequent marriage will create this type of trust. The trusts may or may not mirror each other. If each spouse leaves their one-half interest in a shared asset to children from a previous marriage, the two sets of children may need to work out some way to divide its value after both spouses die, since they may not know or trust each other. This can lead to complications down the road.

CHOOSING THE TRUSTEE. As with any trust, a trustee will have substantial authority. They will manage the trust property, make sure that your spouse is complying with the restrictions on their use of trust property, and determine whether payments to your spouse from trust funds are appropriate. For example, you may not want to give this power to a child who does not get along well with your spouse because this could cause family tension. At the same time, you should recognize that your spouse and your children may have fundamentally different goals and needs, and conflicts may prove unavoidable. You should strongly consider retaining a lawyer to help you make the trust documents as clear and fair as possible. However, your priorities are ultimately yours to decide.

If you have questions about QTIP trusts or any 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.

If you've been in a car crash and suffered a connective tissue injury (what insurance companies call "soft tissue injuries"), you shouldn't hesitate to speak with a lawyer.

Connective tissue injuries (what insurance companies call "soft tissue injuries") such as whiplash are incredibly common after an auto collision. However, it might take hours, days, or even weeks to realize that you’ve been injured. The longer it takes to diagnose an injury, the harder it can be to prove that the collision caused it. As a result, it can be challenging to successfully recover the compensation you deserve.

If you’ve suffered a connective tissue injury in an auto collision, you should not hesitate to speak with a lawyer. We know how much a connective tissue injury can interfere with your life. We also know how important money can be as you fight to get back on your feet. Our goal is to make sure that you’re fairly compensated for your injuries.

HOW DO AUTO COLLISIONS CAUSE CONNECTIVE TISSUE INJURIES? Connective tissue injuries are those that affect the muscles, ligaments, and tendons. When you’re in an auto collision, the force of impact can cause your body to overextend, stretch, or move in ways that aren’t natural. This overextension causes connective tissue damage.

Auto collisions can cause many different types of connective tissue injuries, including:

* Whiplash

* Sprains/Strains

* Contusions

* Brachial Plexus Lesions

* Carpel Tunnel Syndrome

* Tendinitis

* Bursitis, and

* Rotator Cuff Injuries

It’s important to be conscious of any side effects or pains that you experience in the days after a collision. If you believe that you’ve suffered a connective tissue injury, visit your doctor right away.

PROVING THAT YOUR COLLISION CAUSED YOUR INJURIES. You’re only entitled to compensation for injuries that were caused by the collision. Sometimes proving that a car crash caused an injury is straightforward. This typically happens when injuries–such as broken bones or amputated limbs–are visible and apparent immediately after a collision. There’s generally no question about whether or not the crash caused those injuries. Other times, it can be more difficult to establish a causal link between a collision and injury. This tends to happen when injuries aren’t visible or apparent right away. Since a connective tissue injury can take a while to manifest, it can be difficult to prove that the collision caused it.

An experienced lawyer will know how to handle these types of challenges. We know how to investigate your case and gather the evidence that’s necessary to establish a link between the collision and your injury. We’ll work closely with experts, including medical professionals and accident reconstructionists, to identify precisely how your injury was sustained.

UNDERSTANDING THE LONG-TERM EFFECTS OF YOUR INJURY. Most connective tissue injuries will heal in the months after your collision. During this time, you may not be able to work and bring in an income. If this is true, you have the right to obtain compensation from the person who caused your injury. You can request to be reimbursed for:

* Lost wages and income during your recovery

* Vacation and sick days, and

* Other benefits you were forced to use while recovering.

There may be times when a connective tissue injury lingers and does not heal. If this happens, your ability to work could be compromised for a long time. You didn’t ask to suffer a debilitating injury. You shouldn’t have to suffer the consequences on your own.

If your connective tissue injury results in a temporary or permanent disability, you may be entitled to damages for your reduced earning capacity. In other words, you can be compensated for the difference between what you would have earned without your injury and what you are capable of earning now.

It can be tough to know how much your personal injury case is worth. If you decide to pursue compensation on your own, an insurance company will probably have the final say. In turn, you probably will not be fully compensated for your injury. The best thing you can do is to hire an attorney to handle your case.

FILING A TIMELY PERSONAL INJURY CASE. You could miss out on the compensation you deserve if you wait too long to file your personal injury claim. The statute of limitations limits the amount of time you have to initiate a legal claim after a collision. Generally speaking, in Washington you have three years from the date of the collision to file a personal injury claim; in Idaho, it's only two years.

If you or a loved one has suffered a connective tissue injury and would like to learn more about your legal rights and options, contact us for immediate assistance. Call our office today at 253.858.5434 to schedule a free initial consultation.

Estate planning involves the laws of Wills, Trusts, probate, property, marriage, business planning, and state and federal taxation.

We assist clients in creating plans for the disposition of their estates after death and for the perpetuation of family businesses. This involves the laws of Wills, Trusts, probate, property, marriage, and state and federal taxation. We prepare documents that preserve as much flexibility as possible and provide opportunity for later tax planning. This is important given the frequent changes to the tax laws we often experience. When you need an estate planning lawyer, we have the expertise and experience to address all of your needs. In addition to Wills and Revocable Living Trusts, we prepare documents such as Irrevocable Life Insurance Trusts (ILITs), Qualified Personal Residence Trusts (QPRTs), Qualified Domestic Trusts (QDOTs), and Charitable Remainder Trusts (CRTs) to carry out lifetime estate planning objectives and reduce or eliminate federal and state estate taxes. Optimal tax planning may also involve the rearrangement of ownership of property within a family unit, by gift or otherwise. It may also involve planning for multiple generations.

If you have estate planning questions and want to find out more about how we can help you and your family, 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.

Everyone should consider making a Will. Having a Will means that you, rather than state law, get to decide who receives your property when you die.

Because a Will provides directions for what happens after you die, everyone should consider making a Will. Wills can distribute your property to your loved ones, name a Personal Representative to wrap up your affairs, name guardians for children, forgive debts, and more. Having a Will also means that you, rather than state law, get to decide who receives your property when you die.

When you die without a Will or other estate plan, state laws known as "laws of intestate succession" decide which family members will inherit your estate and in what proportion. In most states, the laws specify that your spouse and children take priority.

Most people want to distribute their property differently than the state would distribute it. For example, many people want to leave gifts to friends, neighbors, non-spouse partners, and charitable organizations—and intestate succession does not allow for any of that. If you want other people or organizations to inherit your property, or if you want to decide the proportions of your gifts, a Will can make sure your wishes are followed.

A WILL DOES MORE THAN DISTRIBUTE PROPERTY. Central to most Wills is the distribution of a Will maker’s property. But a Will can do much more than that. For example, you can use your Will to:

* name a Personal Representative (formerly called an "Executor") to wrap up your estate

* name guardians for your children

* create a Trust for your children or other young beneficiaries

* forgive debts

You can use other estate planning tools to distribute your property (like Revocable Living Trusts, beneficiary designations, joint tenancy, and Transfer on Death Deeds), but only your Will can name a guardian for your children. In fact, even if you make a Revocable Living Trust to distribute every single piece of your property to your beneficiaries, you should still have a will to name a guardian for your children. (You'd also want to include a catch-all “pour over” clause that names your Trustee as beneficiary in the event that you end up owning property outside of the trust.)

A WILL CAN REDUCE FAMILY CONFLICT. A Will that clearly lays out your wishes can reduce conflict and speculation over what you “would have” wanted. The division of an estate after death comes with many emotions. As we've told clients many times before, "Death and money can bring out the worst in people." The slightest differences can result in hurt feelings and recriminations. And as blended families more common, dividing assets has become even more complicated. A Will that clearly lays out your wishes can reduce conflict and speculation over what you “would have” wanted. For example, if you're in a second marriage and have children from your first marriage, you may want to use a Will to clearly distribute your property between your second spouse and your children. Without a Will or other plan, your property would be divided between them according to the laws of intestate succession—this could produce an uncomfortable result as well as speculation about what you would have wanted. Making a plan can give you peace of mind and prevent your family from fighting over your possessions.

A WILL MUST MEET LEGAL REQUIREMENTS. When you make a Will, you have to adhere to legal requirements. Most Wills are written formal documents that must be signed by the Will maker (called the "testator") and two witnesses who won’t get anything from the Will. Some states allow Wills that are handwritten by the testator (holographic Wills), and these don’t require witnesses, but they do create more difficulty after death.

You also must have “testamentary capacity” when you make a Will. In most states, this means that you must be an adult who understands the nature of what you’re doing when you make a Will--that is, you understand that the Will you’re making determines who will get your property when you die--and that you understand the nature of your estate and can recognize the "natural objects of your bounty."

If you have questions about creating a Will or other estate planning documents, 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.

We advise nonprofit organizations on start-up plans, entity formation, organization, governance, governmental compliance, fundraising, planned giving strategies, and other legal matters.

Nonprofit and charitable organizations offer significant benefit to local communities and around the world. Our law firm supports such efforts with legal counsel to ensure tax-exempt entities are structured properly from the beginning to take advantage of all available benefits and to avoid governance or financial problems down the road. We work with clients ranging from small groups just getting started to large institutions, including private foundations and their affiliates, religious organizations, membership organizations, and advocacy organizations. Our nonprofit clients have operations all across the U.S. and in many other countries.

We work closely with tax-exempt organizations on start-up plans, entity formation, organization, governance, state and federal compliance, unrelated business income tax, fundraising, planned giving strategies, and other critical legal and business matters.

In addition to day-to-day legal advice, we have experience with structuring and negotiating a variety of major business deals on behalf of nonprofit clients. We have also amassed considerable practical experience in running nonprofits by serving as a board member or in other roles for various nonprofit organizations. We offer these services:

* Consulting and assisting clients with the initial stages of entity formation and issues surrounding qualification for tax-exemption as well as preparing applications to secure federal and state tax-exemptions.

* Preparing organizational documents such as articles of incorporation, bylaws, policies, and trusts.

* Assisting with general business, operations, and policy matters related to real estate, intellectual property, contracts, contributions, insurance, employment, employee benefits, and other issues pertinent to the organization, including unrelated business income tax issues.

* Advising on nonprofit involvement in complex structures involving commercial entities, including for-profit subsidiaries, partnerships, and joint ventures.

* Advising private foundations, organizations maintaining donor-advised funds, and other grantmakers on sophisticated grantmaking programs, including expenditure responsibility grants, equivalency determinations or program-related investments.

* Advising on qualification as a publicly-supported public charity, supporting organization, or private operating foundation.

* Advising on the laws governing fundraising and charitable solicitation, negotiating commercial sponsorship and product-related fundraising partnerships, and helping clients to obtain necessary licenses and permits for their fundraising activities.

* Providing counsel on internal governance matters, including the selection and operation of boards of directors, fiduciary duties, conflicts of interest and liability issues.

* Counseling charities with respect to planned giving, including gift acceptance policies, due diligence concerns and tax strategies, and negotiating large gifts.

* Establishing charitable remainder trusts, charitable lead trusts, and charitable gift annuities.

* Advising nonprofit advocacy groups on the restrictions on lobbying and political activity by tax-exempt organizations.

* Reviewing executive compensation and other transactions to ensure compliance with IRS and state rules governing excess benefit transactions and private inurement.

If your nonprofit organization needs legal advice and representation, 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.

If you were recently in a car crash that caused broken bones, you're probably wondering how your injuries are going to impact your life and what you should do next. We can help!

If you were recently in an auto collision that caused broken bones, you're probably wondering how your injuries are going to impact your life and what you should do next. You also might be wondering how your injuries will impact the value of your personal injury claim. Broken bones are not minor injuries. They can stop you from working, completing everyday activities, and enjoying your hobbies. Your injuries may also affect your marriage and the relationships with your friends and family.

If you have a broken bone due to someone else's negligent actions, there are a few things you should know and do in the aftermath of the collision, including hiring a lawyer.

PROTECT YOUR RIGHTS. The most important thing you can do after suffering a broken bone or a fracture in a car crash is to protect your rights. You might be wondering what the value of your settlement is going to be, but there's no calculator or any resource that can put a definitive dollar amount on a personal injury case. The facts unique to your case will determine how much compensation you could receive.

A few things that can impact the value of your case are:

* The TYPES of fractures or breaks you've suffered.

* The SEVERITY of the broken bone or fracture.

* The LOCATION of the broken bone and the affected body parts

* Whether or not you ever REGAIN COMPLETE FUNCTION.

* HOW LONG you're impaired by the broken bone, or if the impairments are PERMANENT.

* Whether or not you suffer from other physical injuries or emotional distress due to the bone injury.

* Whether or not you obtained appropriate medical treatment following the collision.

* Whether or not the treating physicians provided a precise diagnosis of the injury

* If your physician provided predictions for recovery, future treatment, and possible future disability from employment.

* Medical bills and other expenses related to the collision and the resulting broken bones.

* HOW LONG you have to endure limitations brought on by your broken bones.

* How the fracture affects your daily activities.

* The effect the crash and resulting injury has on your marriage and spouse.

A verdict and settlement can vary dramatically from one county to the next. That's why you should work with a lawyer skilled at getting you the best settlement possible for your fracture, no matter where the collision occurred.

TREATING BROKEN BONES. Protecting your rights is important, but in reality, you shouldn't do anything else until you've had your injury treated by a medical professional. If you don't receive immediate medical care, it can have a major impact on the amount of compensation you can receive.

There are three steps in the treatment of bone fractures. First, the bone is set back into place, then it's kept from moving until it's healed, and finally, the pain is managed throughout the process. Wearing a cast is a common way to prevent movement in the area of the broken bone. If you've suffered a severe break, like a compound fracture, you may require surgery involving rods, pins, screws, or plates to hold the bones in place so they can heal correctly. These items may or may not remain in place after you have healed. That's a decision your surgeon will have to make.

RECOVERY TIME. Your body will begin the natural healing process very soon after your injury. Swelling and blood clots will form, and a soft callus will replace the clots over a period of a few weeks as the bone begins to heal and regrow. Casts are also used to keep the callus in place so that it does not break. If the healing process goes according to plan, your bone will begin to return to its natural shape. The recovery time for an average person takes 6-8 weeks. Recovery times will vary based on your age, health, the type of break, and which bone is injured bone. Sometimes bones take several years to fully recover, depending on the severity of the injury. That's why it's vital to follow your doctor’s instructions and rest the broken bone as much as possible.

You might need physical therapy afterward to strengthen any weakened muscles or build your confidence back so you can use the affected body part again.

WHAT'S THE LIKELIHOOD A DEFENDANT WILL BE FOUND LIABLE? A huge factor in valuing your case or whether or not you are compensated at all is if the defendant would be found liable at trial. If there's next to no evidence that can prove that the defendant caused the collision that caused your injury, there is a higher likelihood that you would lose at trial. That means the defendant (and their insurance company) will be less likely to offer a high settlement amount. Even if your injuries are severe, the defendant and insurance companies will be less willing to settle for a high amount and more inclined to take their chances at trial. If the fault is up in the air, you and your lawyer will be more inclined to accept a low settlement because you will run the risk of getting nothing at trial.

GETTING LEGAL ADVICE AFTER SUFFERING AN INJURY. Your injury could lead to astronomical medical bills, lost wages, and other financial consequences. That’s why right after your injury has been treated, you should contact an experienced lawyer for help. Working with an experienced lawyer will help you receive compensation for your damages, expenses, pain and suffering, and more.

If you or a loved one has been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment for a free consultation right away.