Kirk Bernard – Seattle Personal Injury Lawyer

Century 21 Promotions Inc., a maker of children’s hooded jackets in Seattle, Washington, has announced a voluntary defective product recall of about 17,000 hooded sweatshirts and jackets that pose a strangulation hazard to young children. According to a consumer safety alert put out by the U.S. Consumer Product Safety Commission (CPSC), the sweatshirts have a drawstring through the hood, which can pose a strangulation hazard to children. The CPSC, in February 1996, issued guidelines to help prevent children from getting entangled on neck and waist drawstring in upper garments such as jackets or sweatshirts. So far, no injuries or deaths have been reported in connection with these product defects.

These sweatshirts were sold at several retail and gift shops in Seattle, Washington, New England and Alaska for between $25 and $35. Consumers who own these garments are asked to remove the drawstrings immediately from the sweatshirts to eliminate the hazard or return the clothing to the store for a complete refund. The recalled jackets and sweatshirts were manufactured in China.

There is no question that these articles of clothing pose a significant danger to young children. There have been reports of one case where a child was strangled because the drawstring got caught in playground equipment and another where a boy got entangled in the drawstring when the string got caught in a school bus door. These products continue to be made in China and other countries despite the CPSC-issued guidelines more than 10 years ago.

This is unacceptable. Manufacturers of such products must be held accountable for the defective items they put on the market endangering the lives and well-being of unsuspecting consumers. If you have been injured or if you have lost a loved one because of a product’s manufacturing, design or marketing defect, please contact one of the skilled Seattle personal injury attorneys at the Bernard Law Group. Kirk Bernard and his legal team help injured victims or their families file personal injury claims or wrongful death claims against defective product manufacturers. Call us today for a free consultation and discussion of your product liability or personal injury claim.

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10041.html

The Seattle personal injury attorneys at the Bernard Law Firm have won numerous settlements on behalf of injured clients. Our attorneys have fought for the legal rights of innocent injury victims for more than two decades. Seattle injury attorney Kirk Bernard and founding partner of the Bernard Law Group recently announced that partner Elizabeth Lindquist recently reached a settlement at mediation for $425,500 in a Washington motorcycle accident injury case.

This accident case involved a female victim from Puyallup Washington who suffered serious injuries after the motorcycle on which she was a passenger was struck by a car that blew a stop sign and pulled into an intersection – directly into the path of the motorcycle. The injured victim required spinal surgery and also suffered a pelvic fracture and multiple rib fractures. This accident was obviously caused by the negligence of the driver who pulled into the intersection after failing to stop at the stop sign.

This significant settlement on behalf of this seriously injured victim, demonstrates the Bernard Law Group’s long-term commitment to representing the rights of victims who are injured in motorcycle accidents, pedestrian accidents, bicycle accidents and those who are hurt by defective products or unsafe premises. Bernard praised Elizabeth Lindquist’s dedication to her clients.

“Her commitment to injury litigation goes even further, as illustrated by her work advocating for investments for injured children’s’ settlement funds, including structured settlements, special needs trusts, and Guaranteed Education Tuition Plans for pre-paid college education,” Kirk Bernard said of his partner.

Lindquist’s recent accomplishment is just a sampling of the wide-ranging knowledge and expertise possessed and constantly demonstrated by the Seattle personal injury law firm. If you or a loved one has been seriously injured, please contact an experienced Washington car accident lawyer at the Bernard Law Group for a free and comprehensive consultation and claim evaluation.

Elder abuse and nursing home abuse are increasingly becoming serious problems as more and more of our nation’s seniors head to these facilities. Unfortunately a number of these cases go unreported or undetected and end up resulting in serious personal injury or death to the residents.

Several recent studies including a 2003 report by the Government Accountability Office (GAO) states that at least one in five of all nursing homes in our country is affected by serious deficiencies that place “residents in immediate jeopardy or cause them actual harm.” The report also points out that the quality of care in these facilities drops considerably when a resident get less than three hours of nursing time each day. Unfortunately, this happens in more than half of American nursing homes.

The GAO report also states that a majority of nursing home staff are underpaid and overworked. For instance, nursing home aides in many of the nation’s facilities are paid $7 to $8 an hour for work that is physically strenuous and mentally stressful. In many nursing homes, we see that serious injuries and fatalities occur as a direct result of understaffing and lack of trained, qualified nursing home staff.

Recently, the nursing home negligence lawyers at the Bernard Law Group led by Kirk Bernard obtained a $40,000 settlement on behalf of the family of an elderly man who was neglected at a hospice care facility. Unfortunately, in this case, we saw evidence that the hospice care facility allowed him to develop bed sores, failed to administer medications and failed to regularly clean his tracheotomy site. The hospice care facility denied liability and claimed that the bed sores developed elsewhere, not when the man was under their care. The case was arbitrated and the arbitrator found in favor of the injured man’s estate.

In such cases, victims and their families need the support and the skill of an aggressive legal team that will fight for their rights and make sure their side of the story is heard. If your loved one has been neglected or abused at a nursing home or care facility, please contact one of the Seattle personal injury attorneys at the Bernard Law Group for a free consultation and case evaluation.

When working on a construction site in the state of Washington, there are steps you can take to protect yourself from a construction site injury. Being aware of your surroundings and potential danger is the first step to avoid suffering an injury in a Seattle construction accident.

Make sure you wear appropriate personal protective equipment. Don’t, for example, show up at a construction site wearing thin-soled shoes. Nails could easily penetrate your shoes. Always wear a hard hat in designated areas. Tools could fall on your head, you could fall from a ladder or you could fall from a roof. Protect your head from potential head and brain injuries.

Especially when working with power tools, you should always protect your eyes by wearing safety glasses. Nail gun accidents are quite common. Consider also wearing a dust mask to prevent developing respiratory problems due to working with fiberglass, drywall and other dust. Ear plugs are also important when using power tools. Long-term exposure to the noise from power tools can lead to hearing loss.

Avoid using old, patched up ladders. Throw them away and use new ones. Also, standing or climbing backwards on a ladder can lead to you losing your balance and falling. If you need to reach too far while on a ladder, get off the ladder and move it closer to your work area.

If you are handling concrete, make sure that you wear appropriate gloves. Cement is a strong alkali and can cause chemical burns on your hands.

Be aware that there are two mandatory state programs in place that must be followed by employers. One is the “Chemical Hazard Communication Program,” which requires employers to notify workers on the site about all chemical products that may cause harm. All chemicals must be stored in marked containers and clearly labeled.

The “Accident Prevention Program” requires each employer to develop a formal accident-prevention program, tailored to the specific operation and type of hazards involved. There are minimal elements of the program that must be followed by all employers. For example, an employer must have a safety orientation program that describes the employer’s safety program. This program must address such issues as how to report injuries, how to report unsafe conditions and practices, and the proper actions to take in an emergency. All this must be in written format.

Each employer must also conduct crew leader-crew safety meetings. The meetings must address such matters as evaluations of accident investigations conducted since the last meeting as well as reviews of walk-around safety inspections conducted since the last meeting. A determination must be made regarding any unsafe acts or conditions and whether they were properly identified and corrected.

The employer must also conduct walk-around safety inspections at the beginning of each job, and at least weekly thereafter. These inspections must be documented and available for inspection by personnel. Records of walk-around inspections must be maintained by the employer until the completion of the job.

To protect yourself from construction site accidents, always follow the rules regarding safety. Always be aware of any potential dangerous situations. Make sure that your employer follows required safety programs and conducts periodic inspections of the work site.

If you or a loved one has been injured in a Washington construction accident and you believe that another person’s negligence or an unsafe work environment contributed to causing your injuries, you may qualify to obtain compensation. As a skilled Seattle personal injury attorney, Kirk Bernard and his team of legal professionals at the Bernard Law Group have the experience and knowledge to handle construction accident and workers’ compensation cases.

Across the mega city of Seattle, WA personal injury law firms similar to the Bernard Law Group represent a huge urban population in cases involving auto accidents, worker’s compensation, professional liability and much more. Each personal injury case is unique and Washington personal injury attorneys use their experience to ensure that their clients receive the fair compensation to which they are entitled.

One of the first things that a Seattle personal injury lawyer like Kirk Bernard will do is to evaluate the client’s personal injury case with regard to the state laws of Washington, as well as federal and local statutes. For example, counsel hired by a personal injury victim will rule out mitigating factors, such as inebriation or the use of intoxicating substances, since Washington state law provides specific restrictions and limitations in personal injury related to the use of alcohol and other intoxicants. A statute of limitations (the date that a lawsuit must be filed to preserve the rights of the victim) must be determined. Insurance policies of all involved parties are also reviewed for procedure and to make sure that there is sufficient coverage available for compensation to the injured party.

Once the initial groundwork is done, the potential claim is evaluated. There are three basic elements in a personal injury claim: negligence, causation and damages. Each element must be present and commonly linked to the other two:

1. Negligence is the failure to exercise reasonable care under a set of circumstances, resulting in injury to another party.
2. Causation links all the elements. The personal injury claim exists when the actions of the negligent party causes the damage and injury to another.
3. Damages are the injuries caused by the negligent act. Common damages include medical costs, out of pocket expenses, physical pain and suffering, mental pain and suffering and loss of earning capacity.

A Seattle personal injury claim follows the general path for insurance claims across the country. To resolve a claim without incurring the high costs associated with litigation, the claim is first submitted to the parties’ insurance companies. While the injured party is in the healing process, the background of the claim is investigated by both parties. Medical reports, medical billings, out of pocket expenses and proof of wage loss is gathered periodically until such time as the injured party has reached maximum medical improvement (MMI).

When the claimant’s attorney is in receipt of documentation for all compensable injuries, a demand for settlement is submitted to the insurance adjuster responsible for the claim. The insurance company analyzes the demand for compensation, usually through an industry-standard software program, and makes an offer for settlement or denies the claim completely. If the claim is denied, the claimant’s counsel will inform the client of available options; these options generally include arbitration, mediation or the filing of a lawsuit.

If a settlement offer is extended by the insurance company, it is most likely a very low offer. Negotiation between the parties ensues. It is always in the best interests of all involved to reach a settlement, but if that does not appear to be possible, the next step is arbitration or mediation (which may be required under the insurance policies).

Arbitration and mediation are processes often mandated in the fine print of insurance policies. The parties appoint an impartial person or panel to whom they present their cases. These people may be former judges, attorneys or even retired insurance adjusters who are familiar with the personal injury claims process and can give an impartial authoritative opinion. After both sides present their case, the arbitrator or mediator will advise the parties of their opinion on the matter. In arbitration, if the parties agree to the resolution it is usually binding. This means that the matter is resolved and neither party can proceed with a lawsuit. Mediation, however, is not usually binding, so the parties can have a change of heart and proceed to the next step, which would be litigation.

Litigation is the judicial process wherein a lawsuit is filed. The case proceeds through the discovery phase where both sides take the depositions of the parties, expert witnesses, lay witnesses, medical providers, etc. After discovery, there may be further settlement attempts by one or both parties. If no settlement is reached during this time, the case proceeds to a trial by jury. The jury ultimately decides the outcome of the case.

Many of the families across America impacted by an accident or injury situation may not have a very good idea of how comparative fault affects the process of getting compensation as an accident victim. The system for using comparative fault and other elements of a lawsuit or claim differs according to the state where the legal action is being pursued.

In the state of Washington, a comparative fault system is in use for determining how to collect damages for accidents from the parties found to be at fault. What the comparative fault system does is replace a “100%” or “all or nothing” fault system with a more nuanced definition of fault and liability for damages. Many residents hear about this predominantly through cases involving a vehicle accident in Washington, as this kind of system relates directly to finding for damages in a roadside personal injury.

In a comparative fault analysis, the legal process finds a percentage of the total fault and assigns that to each party in the accident. Instead of just pointing the finger at a primary causation and at-fault driver, law enforcement, public officials and legal teams work harder to establish a more detailed picture of what happened on the road. For example, returning to the scenario of a car accident, a judicial process could look at a driver running a stop sign as more than 50% at fault, while another driver who is inattentive to the road could receive some kind of 10% or relative fault number.

However, within the system of comparative fault for Washington State, some Seattle experts have determined that a term called “joint and several liabilities” can be used to provide even more chances for a victim to get what he or she is due under the law.

One type of situation where a joint and several liabilities rule would come into play is when two or three different at fault drivers with various comparative faults cannot all pay their share of the costs. Under a conventional comparative fault system, some of those costs may be immune from recovery by the victim and the victim’s legal counsel. However, if legal counsel implements a joint and several liabilities application to the case, it can end in one at fault party paying all of the compensation for a personal injury, as well as lost wages and pain and suffering damages.

Finding comparative fault is hardly a simple process. In their findings, legal teams often use case precedent, traffic-engineering details, and much more to assess specific comparative fault for parties. Eyewitnesses and documentation may be necessary, which is why experts always counsel those involved in road accidents to document as much as possible to protect themselves. Another big part of what a personal injury legal team can do is to break down the results and ramifications of comparative fault and everything else on the books in Washington to give their client an accurate picture of what to expect from a case, claim or award.

Anyone who has been negatively impacted by a personal injury—whether it’s road-related, work-related, or just related to a public liability—can find that a quick consultation with a local Washington personal injury lawyer can start to get them informed on what options are available for a specific case. The skilled attorneys at the Bernard Law Group led by Kirk Bernard know how the plaintiff will work through considerations such as Washington’s comparative fault system and more to arrive at the results they need for getting compensation to pay medical bills and recover from an accident or injury. To learn more about how you may be able to receive compensation for your injuries, contact The Bernard Law Group today for a free consultation.