Legal Question in Personal Injury in Washington

Re: Injury from fall at department store

I am sorry to learn of your mother's misfortune. The sad thing is that at her age the healing process can take so much longer, and as you may know, her immobility leaves her prone to infection and complications, such as pneumonia. I am also sorry to learn that the insurance company for the store is so uncooperative, but having been a trial lawyer for 25 years, I am not surprised. Insurance companies rarely get serious about responding to a claim until a lawyer is involved. When a lawyer enters the case they automatically raise the reserves on the claim and get more senior claims people involved. I happen to have direct knowledge of this, not only from what adjusters tell me, but also from my sister, who handles auto claims for a major insurer. Thus, even though it is customary for a lawyer to take these cases on a 1/3 contingency fee, he or she earns it by presenting the claim properly and having the guns of a lawsuit, if necessary, to back it up. Ultimately, your mother will net more from being represented by counsel than trying to do this on her own or with your help.

"Slip and fall" cases are not a slam dunk, however, and will always depend on the unique facts of each case. You also must keep aware of the statute of limitations which can bar her claims if not pursued within three years of the accident. When and where did it occur? Other important considerations are these: your mother's proneness to slip and fall (does she use a cane or walker; has she had accidents of this sort before; was it at night or in the day that she fell, and if at night, how well illuminated was the accident site; was the area wet and slippery; what were the weather conditions; what was unusual about the sidewalk; have changes to the place been made since. I suggest you take pictures of the place where she fell so that they can be used in your claim. You should also assemble all medical records to date and get a prognosis from her doctor as to future medical bills and care. I'd be glad to evaluate her claim at no cost, and if I were to take the case I would do so on the usual 1/3 contingency fee basis. She would also have ultimately deducted from any recovery, whether by settlement or judgment, her costs of any litigation, such as deposition and court reporter costs and the fees of expert testimony, if needed.

In the meantime, I wish your mother a speedy recovery.

Sincerely,

Larry G. Johnson

Foulds & Johnson

Attorneys at Law

1606 E. Columbia St.

Seattle, WA 98122/USA

tel.: (206) 709-8442

fax: (508) 448-5663

e-mail: [email protected]

Web site: www.eskimo.com/~larrygj