Scott Daniel Campbell's Answers

Can my personal injury case be reopened?

As a preliminary matter, if you settled for the policy limits of your UIM policy and your claim was in excess of your UIM policy limits, then you were not obligated to reimburse your health insurance provider. Washington law is very clear on this matter; your health insurer's subrogation claim, i.e., right to reimbursement for medical bills paid for accident-related treatment, does not accrue until you are made whole. If you were not made whole, then your health insurer was not entilted to...

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What are the personal liability mechanism across policies?

As a preliminary matter, if your boat insurer has the opportunity to settle the case for policy limits and they refuse to do so, then you would not be responsible for any judgment in excess of your policy limits under the theory of insurance bad faith. If your boat insurer tenders policy limits and the claimant's damages are in excess of that amount, you will be responsible for any excess amount; as to whether your homeowners or umbrella policy would cover the claim, I would have to see...

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Are expences recoverable i.e., lost profits by the owner of a corp in a personal injury case?

The simple answer is yes, lost profits caused by the injuries sustained in the accident giving rise to your personal injury case are recoverable. However, the burden is upon the plaintiff to prove, on a more likely than not basis, that the injuries sustained in the accident were the direct cause of the lost profits. Without knowing in greater detail the evidence you provided in support of your lost profits claim, it sounds like, in the eyes of the arbitrator, you failed to carry your burden...

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My son was beat up (unprovoked) by a guy who repeatedly punched him.

Based on the facts you provided, it is difficult to determine whether, in fact, there is liability on the part of the bar. If the bar either overserved the assailant or served the assailant when he was obviously intoxicoxcated, then you could establish liability. Also, if you can show that the bar personnel either knew or should have known that the assailant was acting violently and they did nothing about it, you could also establish liability. The first thing you should do is get a copy of...

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I was injured in an MVA in March 2007. I have settled with the at fault drivers company, but not mine. Did my lawyer blow it?

Yes, there is a statute of limitations on UIM claims but it is six years. Assuming both that your claim was in excess of the third-party policy limits and that you tendered your third-party claim to your UIM carrier prior to settling with the at-fault party, your ability to file suit against your UIM insurer depends on whether there is an arbitration clause under the UIM provisions of your insurance policy. If there is an arbitration clause, then you are required to pursue your UIM claim...

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I want to sue the jail i was in for medical negligence, for not providing me with my medication

I would agree wholeheartedly with the advice provided by the Florida attorney. You need to obtain a consultation with a Washington attorney to determine whether it is worth pursuing your claim. In Washington, you have three years from the date of the negligent act in which to file suit. Also, when suing the State, you have to file a a notice of claim with the Attorney General's office.

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I was hit head on by a person last week totaling my Ford Focus with his Mitubishi Expo and was told he is being cited for DUI.

As a preliminary matter, if you have Personal Injury Protection (PIP) coverage through your automobile insurance policy, you can open a claim immediately to take care of your medical bills and 80% of your wage loss up to your PIP policy limits until it is time to pursue your claim against the at-fault driver. If the mini van was owned by a person other than the at-fault driver, then you can pursue your claim through the mini van owner's insurance company. If both the at-fault party and the...

My lawyer says i get nothing back from my accident do to medical bill and lawyers fees something doesnt feel rite

If my assumption is incorrect, let me know, but it sounds like the at-fault party had policy limits of $25,000 (the minimum in Washington). Who paid your medical bills? If it was your automobile insurer under PIP, then they are not entitled to be reimbursed until you are made whole, which with medical bills totaling $13,000 you probably were not; thus, your PIP insurer gets nothing. Also, do you have UIM coverage? If not, did you sign a written waiver for UIM coverage? If there is not a...

Are there personal injury attorneys in Washington with the pay structure of one third net ?

Without knowing more about your case, I would echo the comments made by the previous responses; that is, when you consider the fact that you are at the initial stages of the settlement process, a great deal of the work has yet to be completed, and contingency fees can be negotiable. As to the former, a personal injury attorney does not truly get down to work until the client has reached maximum medical improvement; until then, and assuming the attorney is retained shortly after the accident,...

How to manage a potential personal injury claim in excess of policy limits?

I would reiterate that hopefully you have turned the case over to your insurance company. Once you have done so, it is your insurance company's duty to defend the matter. If the claim ends up being in excess of your policy limits, your insurance company must notify you in writing of this fact so you can obtain independant counsel. If, on the other hand, the injured party offers to settle their claim for your policy limits or less, and your insurance company rejects the offer, you will not...