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Dean Brett
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Dean Brett’s Answers

14 total


  • My son was in a motorcycle/car accident Saturday. Car turned left in front on him resulting in severe damage to his left leg.

    We need to find a good lawyer to help us navigate this.

    Dean’s Answer

    Use AVVO rating system to find a lawyer rated 10/10 who understands the three most common problems in car motorcycle claims. First, the driver will likely say that the motorcycle did not have a headlight operating. Motorcycle specifications often demonstrate that the motorcycle cannot operate unless the headlight is on. Second, get the best medical care possible. The orthopedic doctors at Harborview are excellent. If you are not there, a good injury lawyer will help you find a specialist in complex femur, tibia and fibula fractures. This can be a long term problem. Third, your lawyer must be prepared to overcome society's prejudice against motorcycle riders. Many assume that the rider assumes the risk of injury by riding at all. Good luck on your son's recovery and your search for someone to help.

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  • What are the laws in Washington regarding police pursuit?

    I was in an auto accident. The cops were pursuing the suspect and she t- boned us at 96 mph. While we were going through a major intetsection.The girl with me died and I was pretty badly injured. Road conditions were wet and reason for pursuit was...

    Dean’s Answer

    We recently litigated a case very similar to yours. Most police jurisdictions in Washington have adopted standard operating procedures which require a pursuit vehicle to call off a pursuit unless the fleeing vehicle driver has committed a felony. The officer must weigh the potential damage to innocent bystanders (which is great) against the value of the pursuit (which is relatively small in this day of radio transmission of the event to other police vehicles and a readily accessible data base of vehicle license numbers which can be used to trace the vehicle).As these cases are quite unique, you should hire a lawyer who has been through this maze before. Your case also carries substantial issues of joint and several liability under RCW 4.22.070, where a misstep could void your recovery. For more information check out Washingtoninjury.com.

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  • Any attorney in vancouver wa that will take my personal injury case on hour basis instead of contingency

    Rear ended (see details above) . In short rear ended, ambulance transport to Er, surgery 8 weeks after accident torn disk neck. Might require another surgery . Liability insurer offered full policy limits 50 ooo. Uim claim opened on both insurance...

    Dean’s Answer

    Brett Murphy always offers to work on personal injury cases on an hourly basis. There are three requirements: 1. We are paid monthly as we go; 2. We are paid win lose or draw; 3. Client pays out of pocket litigation expenses as we go. Alternatively we work on a traditional contingence fee basis and we advance all costs until the case is concluded. Client gets to chose one way to hire us or the other.

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  • When can i sign release of claim

    i was rear ended last yr. car totaled. was driving friends car. was taken by ambulance to er. and referred to neurosurgery. mri showed torn disk on c 5 6. had surgery 3 months later. medical bills 100 ooo but adjusted to 70000. pip for car 50000 a...

    Dean’s Answer

    You are playing with fire here. Possible problems here include: you may inadvertently waive your UIM claim by failing to comply with Hamilton v State Farm notice requirements; you may be able to avoid subrogation under Thiringer; this situation looks like a law school exam question. There are too many issues to even address based on the limited facts listed, Some direction can be found at Washingtoninjury.com, click on "video library" and listen to educational videos. You sound like you want to proceed on your own without a lawyer, which might no be a good idea in this complex situation. Good luck.

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  • Do I need legal representation for a traumatic brain injury secondary to MVA with total loss by hit and run driver?

    In 2013 I was T-boned by a hit and run driver. My Mercedes 320 formatted was totaled. The MVA was a no-fault of mine. I was briefly unconscious and a bit erratic. I was on my way to a resort and I rested for a week. A week later I was able to d...

    Dean’s Answer

    • Selected as best answer

    Yes, you do need a lawyer,. This claim looks like one we handled several years ago, so you might look at the details. Go to Washingtoninjury.com, click on Our Results, then select "$1,750,000 for Closed Head Injury in rollover,. We were representing a medical practitioner whose closed head injury made it difficult for him to continue with his work. We were successful in establishing what he would have made had he not suffered the closed head injury. Depending on the details of your injury, you may have a good claim.

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  • File a lawsuit against my own insurance company

    I had a car accident June 2011. I was rear ended and I hit the lady in front of me as well. did physical therapy for 7 months. couple emergency room visits. total bills about $17,000 . Im in the process of closing my settlement, there insurance c...

    Dean’s Answer

    There are two major problems you face. First, if you settle the personal injury case against the driver who hit you without obtaining prior approval from the UIM carrier you waive the UIM coverage under Hamilton v State Farm.. Second, if you can obtain the full policy limits on the UIM claim you do not have to pay back (subrogation) the funds any of your private medical coverage paid for your medical treatment, but if you settle for less than policy limits, you will need to repay those amounts from the recovery. Thiringer v American Motors Ins. These are just two reasons you should call an attorney for a free consultation. Most personal injury firms like ours will offer such a free consultation. Good luck.

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  • My son was a passenger in an auto accident. Can he sue the other 2 cars that hit them?

    The insurance of the car where he was a passenger already paid him for all medical and pain and sufferings. There were two other cars that hit the car he was riding on, one car in each side. Can he sue the other cars that hit them?

    Dean’s Answer

    I note that this collision happened in the state of Washington,so Washington laws on joint and several liability apply. If the other drivers were at fault, you can make a claim against them. Unfortunately, it sounds like you have already settled with the driver of the car your son was riding in. If so, this was a mistake, and it will take an experienced personal injury lawyer to deal with the hole that has been dug. For more detailed information on this topic go to Washingtoninjury.com and watch the video on "what happens when there are multiple defendants?" I also note that several lawyers who are not licensed in Washington have answered this question incorrectly.

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  • I was in a car accident without a license or insurance. Will I automatically be found at fault because of this?

    I believe the other person broke several driving laws in the moment before the collision. Their insurance says I owe more than 20k.

    Dean’s Answer

    No. In the case of Holz v Burlington Northern our firm established the rule that whether or not a driver is licensed is irrelevant to the issue of who was at fault. Do not agree to pay the other party's 20 K claim until you have hired an attorney and fully investigated the circumstances leading to the collision. To learn more about the Holz case go to Washingtoninjury.com and click on Our Results.

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  • I was injured in a mva, if I have 100/300/100, what is the most I can receive in pain and suffering?

    A friend was driving my car, left the asphalt going around a left curve, went down an embankment. I had to be extracted from car, (Totalled) Broken rt femar, broken left foot, etc. Hospitalized 10 days, still recovering.

    Dean’s Answer

    My answer is based on Washington state law. Your attorney (don't try this at home) should explore all possible sources of compensation. First, determine whether the driver had insurance. Second, since he was driving your car with your permission, he is covered by your liability insurance. A 100/300 policy usually means that any one person may recover up to $100,000, and all the people injured in the accident can recover a total of $300,000. So you can recover up to $100,000 from your liability policy. You state your coverage is 100/300/100. If so, the last 100 may refer to PIP coverage, which helps pay for your medical expenses and lost wages without fault, but not pain and suffering. Third, you may have underinsured motorist coverage in the same amount. Insurance companies in Washington are required to offer underinsured motorist coverage in the same amount as they offer liability coverage, unless the insured declines the coverage in writing. Did you sign a written statement that you did not want underinsured motorist coverage? And can they produce that statement? if you did not sign or if they cannot find the written statement, you are entitled as the policy holder to recover underinsured motorist coverage as well, again in the sum of $100,000. I started by saying that you should not try this at home without a lawyer because of several traps for the unwary here. First, you must seek formal permission from the UIM carrier before settling the liability coverage or you will waive (i.e. lose) the underinsured motorist coverage. Second, if you can settle the claims for the respective policy limits, you may be able to keep the funds as yours instead of losing them to the medical insurance carrier who will want to be paid back for the medical bills they paid for you. In short, these are complex questions that can be appropriately resolved only by an experiences personal injury lawyer.
    All I am doing is pointing out SOME of the difficulties you face in this situation.

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  • The Perfect Murder?

    My mother just recently died from the complications of a communicable disease. It is required by law for the Health Dept. to investigate to find the source. This disease could have been easily treated with a simple dose of penicillin, but the v...

    Dean’s Answer

    Others have looked at this question from a criminal viewpoint, instead I would look at it from the civil viewpoint. Do you have a civil case against the residential facility? That will depend on the answer to two further questions. First, can you link her disease to a specific wrongdoer, someone you indicate has been preying on elderly women. Do not passively wait for the state health department to complete a bureaucratic investigation, Your lawyer should lead your own investigation. Second, the residential facility is liable only if they knew or should have known of the existence of the wrongdoer, and failed to take action. Again, your lawyer needs to undertake an aggressive investigation of the facts. Any lawyer can answer your theoretical legal questions, but you need someone who will build a factual case based on a thorough investigation. Find that lawyer soon before the trail is too cold

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