Complex personal injury

4 Important questions to ask a potential personal injury lawyer
1. How much experience do you have with cases like mine?
2. How much do you think my case is worth?
3. How much does it cost to work with your law firm?
4. How often do you take cases to trial and how much do you litigate?
Injured? Talk to Herschensohn Law today

4 Important questions to ask a potential personal injury lawyer

If you want to get the highest amount of compensation you can after a personal injury (and honestly, who doesn’t?) then picking the right lawyer to represent you is one of the most important decisions you can make.

But chances are, if you’re reading this blog post, you aren’t a lawyer and you might not know the first thing about telling a good one from a bad one. On top of that, you may already have as much as you can handle just trying to pay your medical bills, heal from your injuries, and rebuild your life. To make matters more complicated, if you wait too long to talk to a lawyer there’s a very real possibility that critical evidence will “disappear,” statutes of limitations could be missed, or you’ll make a preventable mistake dealing with the insurance company that ends up weakening your case.

So yes, we get it—choosing a lawyer in those early days after an injury can seem utterly overwhelming. But even if you know absolutely nothing about the law, there are still several important questions you can ask an attorney before you hire them that can help you narrow down your options and find a good fit. Here are some of the big ones:

1. How much experience do you have with cases like mine?

Most people understand that different lawyers specialize in different areas of the law—you wouldn’t hire a tax attorney or an estate planning lawyer to handle a car accident case.

But even within the field of personal injury law, there’s still a lot of different types of cases. Does your lawyer handle mostly auto accident cases? Slip and fall accidents? Defective products? You get the idea.

Although every case is unique, you ideally want to work with a personal injury that not only has years of experience in the relevant area of law, but also has worked cases that have similar circumstances to yours.

Ask your lawyer about past cases and past clients, and what the outcomes of those cases were. (They may not be able to name names but should be able to relate the basic details.) If an attorney can only give evasive and vague answers to this question, it’s a red flag.

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

2. How much do you think my case is worth?

To be clear, a good personal injury lawyer probably won’t answer this a single, specific number. In fact, it’s a red flag when a lawyer who is too confident or provides you with any kind of guarantee. At the initial consultation stages, there’s just not enough information available yet to make that kind of promise.

Instead, your lawyer should be able to give you a range based on similar cases they have worked on in the past. You want a lawyer who can give you clear and realistic estimates, explain how settlement values are calculated, and walk you through some potential scenarios for your case.

3. How much does it cost to work with your law firm?

The vast majority of personal injury attorneys work on a contingency fee basis. In other words, they offer free initial consultations and they don’t charge for their time or legal representation services up front. Instead, they take their cut from your settlement or jury verdict. So, if you don’t win, your lawyer does not get paid.

If a personal injury attorney does not work on contingency but asks you to pay for their time out-of-pocket, run very fast in the opposite direction.

Some related follow-up questions to ask here:

How much will I get if I win? Your lawyer should be able to give you a percentage range that accounts for both the contingency fee and any further “case costs” that are incurred.

How are additional legal fees handled? Who pays them if I lose? In addition to a lawyer’s contingency fee, there are other associated costs involved with personal injury lawsuits—filing fees, expert witness fees, and more—which don’t go to the lawyer, and you’d have to pay even if you were representing yourself.

Some lawyers will ask you to pay those fees up front out of pocket. Most will pay them for you while the case is ongoing, then reimburse themselves them from your settlement check at the end.

Things get complicated if you don’t win your case and there’s no settlement check available for the law firm to pay itself back. Many personal injury attorneys will eat those fees, meaning that you truly will pay nothing out of pocket no matter the result of your case. But not all do.

Losing a case is already miserable enough; you definitely don’t want to be surprised by hidden fees, so it’s important to get clarity on this aspect of your claim upfront.

4. How often do you take cases to trial and how much do you litigate?

There are a couple of things you need to understand here before you ask this question.

First, the reality is that the vast majority of personal injury cases settle out of court. Only about 5% of personal injury cases actually go to trial, although this certainly varies according to the circumstances. In most situations, a fair pre-trial settlement is the main goal, and a trial is only a last resort.

But second—and this is crucial—

If your lawyer always settles cases and is gun-shy about filing a lawsuit or getting in front of jury, the insurance company absolutely will exploit that. Trust us: the insurance company claims adjuster assigned to your case definitely knows which attorneys in your area are real trial attorneys and which ones aren’t. If you don’t have an experienced trial lawyer, the insurance company knows it’ll be able to play hardball and settle for less than your case is worth.

A lawyer with solid trial experience (and a successful track record) is in a much better position during settlement negotiations. Just the threat of filing a lawsuit or going to trial is enough to extract higher settlement offers in most cases. And, of course, if your case is one of the 5% that doesn’t settle, you want to make sure this isn’t your attorney’s first rodeo.

Injured? Talk to Herschensohn Law today

If you’ve been hurt in an accident that wasn’t your fault, you deserve excellent legal representation to keep the insurance companies from taking advantage of you.

Zach Herschensohn is experienced, tenacious, knowledgeable, and ready to fight. He’s won millions for clients throughout Kent, the Seattle area, and King County; has extensive trial experience; and will work aggressively to get you a settlement or jury verdict that’s truly fair and provides you and your family with the compensation you need and deserve.

From initial case evaluation to filing your personal injury claim to negotiation to settlement or trial, our law firm handles all aspects of your case and work hard to get you the best possible settlement in the shortest possible time frame, so you can focus on rebuilding your life.

If you think our law firm might be a good fit for your situation, please reach out to us today for a free consultation. Go ahead and ask us all the questions in this blog post, and any others you can think of. We will happily answer any questions you have, and give you clear, honest legal advice about your case and what we think the next steps should be.

To reach out, call our office at (206) 588-4344 or complete our simple online form.

The Law Dictionary. Pre-trial Settlement Percentage: Statistics on Personal Injury Settlements. Retrieved from https://thelawdictionary.org/article/pre-trial-settlement-percentage-statistics-on-personal-injury-settlements/

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

References

Texas Department of Transportation. (2020, April 15). Texas Motor Vehicle Traffic Crash Facts Calendar Year 2019. https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf
Insurance Institute for Highway Safety (2019, December). Fatality Facts 2018, Large Trucks. Retrieved from https://www.iihs.org/topics/fatality-statistics/detail/largetrucks

The content provided here is for informational purposes only and should not be construed as
legal advice on any subject.

Complex personal injury

What is the statute of limitations in Washington state for personal injury cases?
What is the statute of limitations (and what happens if I miss it)?
If you want to maximize your chances at a great settlement, you have to move quickly
Building a strong case takes time
An experienced personal injury attorney like Zach Herschensohn can help you get the settlement you deserve

What is the statute of limitations in Washington state for personal injury cases?

If you or a loved one have been injured in a car accident, slip and fall, or suffered any other kind of personal injury in the State of Washington, you only have a limited time to file a claim or lawsuit against the at-fault party. For most personal injury cases, it’s three years from the date of the accident.

At first, three years might seem like a lot of time, especially if it’s only been a couple of days since the accident. But that doesn’t mean it’s time to relax—not by a long shot.

Three years might be the deadline to file your claim. But, there’s a lot of work that needs to happen beforehand to make sure your case is as strong as it can be, and you have the best chance at a fair settlement or jury verdict.

Just like in school, work, or any other important deadline in life, waiting until the last minute can have catastrophic consequences. In this case, that could be a significantly smaller settlement, or even permanently losing your ability to collect anything at all. In this post, we take a closer look at the personal injury statute of limitations, and why you don’t want to wait too long to file.

What is the statute of limitations (and what happens if I miss it)?

The statute of limitations is a set time period after a specified event (for example: car accident, personal injury, medical malpractice, wrongful death) in which you can file a lawsuit against the people or parties that hurt you in order to recover financial compensation (called damages).

Again, the Washington statute of limitations is three years for almost all types of personal injury cases. There are a few rare exceptions where the time limit can be extended—such as medical malpractice that isn’t discovered right away—but in most cases it’s a very hard deadline.

If you miss the deadline, you won’t be able to file a lawsuit or collect any compensation, regardless of whether or not the other party was at fault, and regardless of how expensive your care might be.

People we’ve helped

- P.R., Katy, WA

If you want to maximize your chances at a great settlement, you have to move quickly

For example:

Physical evidence at the scene of an accident might only be around for a few hours. If you don’t take pictures or get a police report, that evidence will be gone for good.
Eyewitnesses can quickly leave the scene, or their memories might become hazy if you wait too long to follow up with them. (Ideally, your personal injury attorney is the one contacting witnesses to secure their testimonies).
If you’re involved in a truck accident, the trucking company only has to hold certain evidence (such as data from the onboard computer) for a short period of time before they can legally destroy it. You might have only a few months at most.
Any security camera footage that might have captured the accident could be wiped. Most businesses wipe security footage regularly—often monthly, if not more frequently.
The longer you wait to pursue legal action (especially if you are unrepresented) the greater the risk that the insurance company will take advantage of you by getting you to give statements that harm your case, accept a settlement that’s far below fair, or by collecting their own “evidence” to argue that you aren’t really as injured as you say you are.

All this is to say that, if you don’t get the ball rolling on your case as soon as possible, you will only weaken your position. Memories get hazy, it gets harder to prove that your injuries were linked with the accident, and insurance companies that put their own needs ahead of yours will have more time to cover their tracks.

Building a strong case takes time

Very few cases are as simple as they appear at first glance. Even when it seems completely obvious who was at fault, that doesn’t mean you can just file a personal injury claim and expect to get a fair settlement offer from the insurance company.

For example, do you know how much you should claim in damages? You can claim economic damages, such as your health care bills and lost wages—not only those you’ve already incurred, but those you are likely to incur in the future, too. But you may also be able to claim non-economic damages like pain and suffering, mental anguish, and loss of enjoyment of life. In some cases, there may even be punitive damages to punish an at-fault party who engaged in particularly reckless behavior.

Considering all these factors to calculate a “fair” settlement amount is complicated. It not only requires detailed record-keeping, but in many cases also requires thorough evidence gathering, speaking with expert witnesses, and more. Meanwhile, you can be sure the insurance company is going to try to get you to settle for the lowest amount they can.

Instead of thinking of the statute of limitations as a “deadline,” think of it as a window. Some cases are relatively simple, and we can file a personal injury lawsuit within a few weeks or months of the accident. Others are incredibly complex and may require more than a year of careful preparation before we’re ready to file. By starting the process as soon as possible, you can take as much time as you need to gather all the evidence and make sure you uncover all potential sources of damages you can claim before the lawsuit is filed.

An experienced personal injury attorney like Zach Herschensohn can help you get the settlement you deserve

The best time to call a personal injury lawyer is within a few days of your injury—ideally, even before you speak with a claims adjuster from the insurance company.

Insurance companies will not hesitate to take advantage of injury sufferers who are not represented by an attorney. They may try to get you to give statements admitting fault or provide you with a quick settlement offer that’s far less than what your case is worth. Don’t take the bait. Once you settle, you permanently lose the ability to sue for more later.

Hiring a lawyer with extensive experience with similar kinds of cases will protect you from insurance company gamesmanship and give you a much stronger negotiating position. You can focus on healing, while your lawyer can focus on gathering and protecting key evidence, making sure you file all court documents in a timely manner, and standing up to the insurance company on your behalf.

Zach Herschensohn has a strong reputation in the Seattle metro area for fighting for his clients and helping them achieve great settlements from the insurance companies. If you or a loved one have been injured in an incident that wasn’t your fault, reach out today for a free case evaluation. Just call (206) 596-4964, or use our online contact form to get started.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

References

Texas Department of Transportation. (2020, April 15). Texas Motor Vehicle Traffic Crash Facts Calendar Year 2019. https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf
Insurance Institute for Highway Safety (2019, December). Fatality Facts 2018, Large Trucks. Retrieved from https://www.iihs.org/topics/fatality-statistics/detail/largetrucks

The content provided here is for informational purposes only and should not be construed as
legal advice on any subject.

Complex personal injury

While checking Facebook, driver hits, kills man changing tire on I-5 in Tacoma
Distracted driving in Washington state
Send distracted drivers a message that’s loud and clear

While checking Facebook, driver hits, kills man changing tire on I-5 in Tacoma

Stranded on the side of the highway with a blown tire and cars ripping past is a nightmare scenario for many people, and for good reason. Every year people are killed on the roadside while trying to change tires.

In Tacoma, a woman who was distracted by her cellphone allegedly struck and killed a man while he was changing a tire on I-5. Police say the crash happened in the northbound lane of the I-5 collector-distributor section at South 38th Street around 8:40 a.m. on May 10, 2021.

According to a local news report, the man died at the scene of the accident. The woman who hit him is now being charged with vehicular homicide after she admitted she was checking Facebook on her cellphone at the time of the crash.

Washington state has some of the strictest distracted driving laws in the country, but there will always be drivers who throw caution into the wind and put themselves and everyone else on the road in danger. A recent study even found that Washington state has some of the most distracted drivers around — and that the state is taking great strides toward changing the situation.

Distracted driving in Washington state

A recent MyCarInsurance123 study ranked Washington as the state with the 4th most distracted drivers in the U.S. In 2018, distracted driving was a factor in nearly 15% of all fatal crashes in the state. The only other factor that contributed more often to deadly crashes was speeding.

Soon after the ranking was released, Washington rolled out a new set of strict anti-distracted driving laws with tough penalties. In Washington, you can only use a cellphone while driving if it is a hands-free device, you’re parked outside of the flow of traffic, or you are contacting emergency services. You cannot use your cellphone while stopped in traffic.

The new laws seemed to be working. There was a 25% reduction in fatal accidents involving distracted drivers in its first year, but progress may have been interrupted by COVID-19. While distracted driving fatalities continue to drop, the number of distracted drivers observed on Washington streets shot up in 2020.

It appears many Americans used the empty streets provided by pandemic lockdowns to drive recklessly. Across the U.S., the number of citations issued for drivers going above 100 mph spiked. In Washington, the statewide distracted driver rate increased from about 7% of drivers to 9.5%.

People we’ve helped

- P.R., Katy, WA

Send distracted drivers a message that's loud and clear

If you or a loved one was injured in a car accident caused by a distracted driver, you have the right to seek financial compensation for all your losses. This can include compensation to cover the cost of your medical bills, lost income, your pain and suffering, and any other compensable damages you suffered as a result of the crash.

At Herschensohn Law Firm, PLLC, attorney Zach Herschensohn has been representing accident victims in Kent and the Seattle Metro area for years. Known for his strong work ethic, high energy, and professionalism, Attorney Herschensohn can protect your legal rights and fight for the money you’re entitled to.

Don’t waste your time and energy arguing with an insurance company about compensation. Let an experienced car accident lawyer deal with them instead so you can focus on moving forward from your injury.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

Complex personal injury

What to expect from your personal injury claim
Getting first-party benefits
Getting third-party benefits
Connecting your injuries to negligence
The value of your personal injury claim
Why hire an experienced personal injury lawyer?

What to expect from your personal injury claim

If you sustained an injury due to someone else’s negligence, you’re likely looking for answers. Don’t expect to get anywhere with the at-fault party’s insurance company. They will put their own interests ahead of your needs. The at-fault party responsible for causing your injury will likely try to change the story and cover their tracks. These factors — and more — make pursuing a personal injury claim complicated and frustrating.

Meanwhile, you need to get medical care for your injuries. Perhaps you need an operation or months of physical therapy. Your doctor advises you to take time off from work and avoid certain activities until you recover. The bills continue to pile up and you’re unable to make ends meet without income. The good news is, you have legal options. It is important to be patient and know what to expect when pursuing a personal injury claim.

Kent, WA personal injury lawyer Zach Herschensohn discusses the benefits you’re likely eligible for and how personal injury cases are resolved. Here’s what you should know.

Getting first-party benefits

When pursuing first-party benefits, you don’t file a claim against the at-fault party’s insurance company. Rather, you file for no-fault benefits with your own insurance company. Most first-party benefits are paid from your personal injury protection (PIP) insurance policy. Under Washington law (Section 48.22.085), your car insurance provider must offer you PIP.

Whether or not you want PIP coverage is your choice. If you choose not to purchase PIP coverage, you must notify your insurance provider in writing. Otherwise, your insurance company will automatically add it to your policy. We highly suggest that you purchase PIP in case you sustain an injury during a crash. You won’t have to prove the negligence of another party, but getting benefits from your own insurance company can be difficult. Attorney Herschensohn can help you with that.

What first-party benefits cover:

Medical expenses: A comprehensive PIP policy pays for up to $10,000 in reasonable and necessary medical costs. If you purchase additional coverage, you can receive up to $35,000 for medical expenses.
Wage loss: PIP pays for up to $200 in wage reimbursement for up to one year if you’re unable to work due to your injuries. You must have been out of work for at least 14 consecutive days after your crash to be eligible. If you purchase additional coverage, you can receive up to $700 per week. PIP pays for wage reimbursement for up to one year from the date of your crash.
Home assistance: If you’re unable to perform daily tasks at home due to your injuries, you’re likely eligible for home assistance. PIP pays up to $200 per week for assistance from a non-family member. Comprehensive PIP policies have a limit of $5,000 for home assistance. You have the option to purchase additional coverage to increase the limit to $14,600.
Funeral expenses: PIP pays up to $2,000 for each person killed in a crash to the closest surviving family members.

People we’ve helped

- P.R., Katy, WA

Getting third-party benefits

Third-party benefits apply to injured parties whose damages exceed the PIP limit. When you pursue a third-party claim, you file a claim against the at-fault party’s insurance company. Third-party benefits pay for:

Current and future medical costs
Lost wages
Home assistance
Non-economic damages, such as pain and suffering, mental anguish and loss of enjoyment of life
Death benefits to the family of the victim if the injuries are fatal
Damage to property or loss of property

Unlike first-party claims, third-party claims are fault-based. That means you must prove that someone else’s negligence caused your injury. Third-party benefits are paid when your lawyer and the insurance company agree on a fair settlement. Most personal injury cases are resolved through settlements. Sometimes, an agreement can’t be reached or the insurance company acts in bad faith. This is when your case will go to trial. Both your lawyer and the insurance company will present their arguments and evidence they have gathered. Should your case go to trial, you will only be compensated if a verdict can be reached.

Connecting your injuries to negligence

Negligence occurs when an individual fails to use caution or acts in a reckless manner when any reasonable person would have used caution in the same situation. For instance, any reasonable person would avoid texting and driving. The driver who causes a crash while texting and driving acts in a negligent manner.

When litigating your case, it will take solid evidence to connect your injuries to someone else’s negligence. In most cases, your lawyer will gather evidence by:

Reviewing police reports or incident reports
Surveying the scene where the incident occurred
Checking video footage from nearby surveillance cameras
Interviewing witnesses and cross-referencing their statements with other evidence
Getting a copy of your medical records

The value of your personal injury claim

Your lawyer will leave no stone unturned when determining the value of your claim. No two personal injury claims are alike, so determining how much compensation you’re eligible for will take some time. These are the factors that will determine the value of your claim:

Your current and future medical expenses
An estimate of how long it will take for you to recover
Your loss of wages or earning capacity
Damaged or lost personal property
The amount of physical pain, suffering and mental anguish you endured
If you will need home assistance, vocational rehabilitation or other long-term assistance
Punitive damages (this only applies to recklessness or malicious behavior)

Why hire an experienced personal injury lawyer?

The at-fault party’s insurance company will likely start building a case against you from the get-go. They have no interest in compensating you and will do everything in their power to downplay your claim. They’ll likely shift the blame, change the story or request a recorded statement from you. Their goal is to close your case out as quickly as possible. If they don’t have a strong basis to deny your claim, however, they’ll likely drag the process out or offer you a quick lowball settlement. You won’t be able to recover additional damages if you accept a lowball settlement.

Knowing what to do when you’re injured is only half the battle. Choosing the right personal injury lawyer to handle your case isn’t always easy. Injured people in Washington put their trust in Attorney Herschensohn because he never stops fighting for the best possible outcome. He has fought to recover millions of dollars in damages for his clients and has the case results to prove it.

If you’ve been injured, there is simply too much at stake. Get experience on your side. Set up your free and confidential legal consultation with Herschensohn Law Firm, PLLC to learn about your legal options. We serve injured people in Kent and throughout the greater Seattle Metro area. Contact us online or call us today.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

References

Texas Department of Transportation. (2020, April 15). Texas Motor Vehicle Traffic Crash Facts Calendar Year 2019. https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf
Insurance Institute for Highway Safety (2019, December). Fatality Facts 2018, Large Trucks. Retrieved from https://www.iihs.org/topics/fatality-statistics/detail/largetrucks

The content provided here is for informational purposes only and should not be construed as
legal advice on any subject.

Complex personal injury

What does Washington’s Move Over law require?
Why is it important that drivers comply with the Move Over law?
Contact an experience Kent attorney after a roadside crash

What does Washington's Move Over law require?

There are far too many drivers who aren’t aware of Washington’s Move Over law. Motorists stranded on the side of the road, law enforcement officers making traffic stops, and roadside workers risk their lives each day on Washington highways. Many freeways in Washington have posted speed limits as high as 70 mph (some drivers exceed the posted speed limits). When roadside crashes occur, they tend to be severe.

Federal lawmakers have recently requested a review on the effectiveness of state Move Over laws from the Government Accountability Office. According to AAA, there is very little data regarding Move Over law violations. Moreover, Move Over laws aren’t widely known among drivers, and states don’t often have the resources to educate the public.

Washington’s Move Over law requires that drivers switch to the left lane (on multi-lane highways) or reduce their speed when passing emergency or assistance vehicles. State lawmakers passed the law in 2007 to protect roadside emergency workers. But since then, crashes involving roadside emergency vehicles have increased. Police officers, emergency technicians, tow operators, construction workers, and DOT workers died or sustained severe injuries as a result.

In 2010, state lawmakers passed the Emergency Zone Law, which requires drivers to switch lanes or slow down within 200 feet before and after passing a roadside emergency. Violators face double fines for speeding in Emergency Zones.

Why is it important that drivers comply with the Move Over law?

Roadside workers and stranded motorists often don’t have any choice but to situate themselves on the side of a high-speed roadway. It’s important that drivers not only become aware of the Move Over law but also comply with the law. Distracted driving, impaired driving, and speeding are often the leading causes of roadside crashes. Since these crashes often happen at a high speed, they tend to result in catastrophic injuries and fatalities.

Crash victims who survive roadside collisions often sustain:

Severe traumatic brain injury
Broken bones
Crushed limbs and amputations
Damage to internal organs
Severe spinal cord injuries such as quadriplegia, paraplegia, and paralysis
Severe burns
Coma

People we’ve helped

- P.R., Katy, WA

Contact an experienced Kent attorney after a roadside crash

Did you sustain injuries in a roadside crash? If so, you’re likely faced with mounting medical expenses. You may need an operation, as well as months of physical therapy and pain management until you recover. Meanwhile, you’re unable to work and earn a living. You’re also unable to engage in activities you enjoyed before your crash. Don’t let the at-fault driver’s insurance company take advantage of you. Never give them a recorded statement or accept a quick settlement without first consulting with an experienced Kent car accident attorney.

You deserve to be compensated for your financial losses and the pain and suffering you endured due to someone else’s negligence. Herschensohn Law Firm, PLLC will fight to recover it all. If you’re a worker who was injured on the side of the road, you can recover damages through a third-party workplace injury claim. That’s as long as the at-fault party isn’t your employer or a fellow employee (this is covered by workers’ compensation). To get started on your claim, contact our Kent law office and set up your free consultation. We have fought to help our clients recover millions of dollars in damages.

Our results speak for themselves

$1.6m

SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m

SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k

SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

References

Texas Department of Transportation. (2020, April 15). Texas Motor Vehicle Traffic Crash Facts Calendar Year 2019. https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf
Insurance Institute for Highway Safety (2019, December). Fatality Facts 2018, Large Trucks. Retrieved from https://www.iihs.org/topics/fatality-statistics/detail/largetrucks

The content provided here is for informational purposes only and should not be construed as
legal advice on any subject.

Complex personal injury

Zoom trial: $150K settlement for retired nurse
Fighting for clients with the help of technology
Getting results under difficult circumstances
About our law firm

Zoom trial: $150K settlement for retired nurse

When people are injured due to the negligence of another, they have the right to take legal action to seek financial compensation through the courts. This process can take years under the best of circumstances, but the pandemic has led to even further delays.

“Because of COVID-19, the court system has taken measures that have limited the ability for injured plaintiffs to get their personal injury cases to jury trials,” said personal injury lawyer Zach Herschensohn of Herschensohn Law Firm PLLC. “This has made it much more difficult for us to help clients resolve their cases.”

Earlier this year, however, King County Superior Court began holding jury civil trials via Zoom to help people get their day in court while also implementing safeguards to help keep them safe from the virus.

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Herschensohn Law Firm PLLC participated in one of these trials and as a result, a retired nurse injured at a Barnes & Noble store will receive $150,000 in a settlement reached before a jury considered evidence.

The retired nurse was left with a permanent disability after tripping on a stool at a Barnes & Noble store on July 1, 2016, suffering a meniscus tear and an avulsed hamstring requiring two surgeries, said Zach Herschensohn.

He said the trial took place in a specially constructed courtroom in the Meydenbauer Conference Center in Bellevue, Washington. Jury selection and witness testimony was conducted via Zoom.

Court officials told a reporter at KUOW they consulted public health experts before conducting the trials. Masks were required, while witnesses who appeared in person were provided with clear masks to help jurors assess their credibility. Start times for each trial were slightly staggered to prevent crowding in the building.

Herschensohn said it was one of fewer than 10 cases presented at the time that were tried in King County through video conferencing during the pandemic.

A bailiff managed the Zoom session through a laptop. A camera was located at the back of the courtroom. Another laptop was at the podium and connected to the Zoom session. This allowed lawyers to question witnesses or share digital evidence remotely. A large screen was also set up in the courtroom to display the session.

“It was definitely unusual and took some getting used to for everyone,” Herschensohn said. “But everybody adjusted and we were able to present our case to a jury.”

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Getting results under difficult circumstances

The settlement was reached in September after both sides presented their case at trial via Zoom but before the jury was able to reach a verdict.

“We’re proud to have had the opportunity to go to trial even during a pandemic,” said Herschensohn. “This settlement came after a long fight, but we’re happy to finally get our client this well-deserved compensation.”

Zoom trials are continuing in King County and will likely be a part of legal proceedings well into 2021. It remains to be seen if Zoom will continue to be used after the pandemic is under control. In the meantime, Herschensohn said he appreciates the opportunity to move cases forward.

“This pandemic has affected every aspect of our lives and the trial courts are no exception,” said Herschensohn. “The legal system has found a way to continue the business of the courts and we will continue to use this new process to get justice for our clients.”

In our case, ALL of the witnesses appeared via zoom, there were no in-person witnesses, only the lawyers, jurors, and judges were in the same room. We were socially distanced.

About our law firm

Herschensohn Law Firm, PLLC is committed to serving injured people in Kent, Washington and throughout the greater Seattle area. We handle a wide range of personal injury cases such as car and truck accidents, motorcycle accidents, slip and falls, workplace injuries, negligent security, dog bites, and wrongful death. Attorney Zach Herschensohn possesses a wealth of legal knowledge and experience litigating cases. He fights for maximum compensation for his clients. If you were injured, contact us online or call us to schedule your free legal consultation.

Our results speak for themselves

$1.6m

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After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

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When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

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When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

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Zoom trial: $150K settlement for retired nurse

Fighting for clients with the help of technology

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About our law firm

Our results speak for themselves

Hurt? Let our law firm handle the details

Request your free case evaluation

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.