Talis Merle Abolins's Answers

Whiplash

When an attorney negotiates an amount of damages with the insurance company, the starting point is the hard dollar costs of treatment and medical care. In most cases, it is not difficult to demonstrate that the actual cost of care was caused by the accident. On top of these hard dollars, the injured party also seeks to recover for pain and suffering -- this amount is often difficult to quantify. However, some in the industry argue that pain and suffering from the typical soft tissue injury (...

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Motorcycle accident

As a preliminary matter, I strongly recommend that you immediately contact an attorney who is able to help you with this case. Cases such as yours are typically taken on a contingency basis, where attorney's fees are based on a percentage of recovery from the defendants. The attorney will start the lawsuit by filing a Summons and Complaint with the court setting forth claims for personal injury. At that point the defendants must respond with an Answer, which will usually deny that the...

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Shared Negligence in WA

Yes. Washington applies a concept known as comparative fault, under which fault is allocated between a negligent plaintiff (the party seeking damages) and a negligent defendant. This rule replaced a rule that was much more harsh, where an injured party whose negligence contributed to the accident would recover nothing. Now, the injured party's damages are reduced by the amount that the court or jury finds the person was responsible for their own injuries. In your case, an attorney and/or...

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