Monday, November 10, 2008

Myers and Company Obtains Significant Award for Injured Pedestrian

We recently represented a young man who was struck by a car and broke his leg. The accident happened while he was in a crosswalk.

The at-fault driver's liability carrier initially contested liability and refused to pay its limits. Eventually it capitulated.

Then his own UIM carrier claimed that the case was probably not worth what we recovered from the at-fault driver and it wouldn't pay anything. Eventually it made some nominal offers. Fortunately our client had a great constitution and the offers were declined.

We eventually set the matter for a private trial. We put on approximately five witnesses. The injured client, his girlfriend and his mother all testified about the broken leg and its impact on his life.

An award of $260,000 was entered. The amount was over two and a half times the value originally ascribed by the insurance company. It shows that persistence pays off and that experienced counsel should always be retained even if you're dealing with your own insurance company.

Monday, September 22, 2008

Myers & Company Hammers Allstate

We had the privilege to represent a bright young accountant earlier this year. The accountant was involved in a low-impact motor vehicle accident. Allstate offered the accountant approximately $1,200 despite the fact she underwent three months of physical therapy, massage and acupuncture treatments.

Despite providing Allstate evidence corroborating the accountant's medical expenses and wage loss, Allstate refused to budge. Allstate went so far to allege that her back and neck pain was the result of a long-resolved divorce. This defense - that physical pain is the result of pre-existing emotional issues - is both over-used and profoundly cynical. Allstate also contended that it's client, who clearly violated the right of way at an uncontrolled intersection, was not responsible for the accident.

We arbitrated the case. It was an efficient two hour hearing. The arbitrator awarded approximately 30 times Allstate's highest offer. The moral of the story: Allstate is not going to offer fair market value on personal injury claims - particularly low impact claims. These cases must be litigated by competent counsel to extract their true value.

Labels: Allstate, arbitration, motor vehicle accident

Friday, August 22, 2008

Even Insurance Agents Need Personal Injury Attorneys

We were recently hired by an insurance agent (we will not mention the insurance company's name) to assist him with a personal injury claim. The claim had two components. The first involved the action against the at fault driver. The second involved collecting his UIM and PIP benefits.

Despite the fact that the insurance agent had three back surgeries in the year before the accident, we were able to obtain policy limits from the liability, UIM and PIP carriers.

We were flattered that a seasoned veteran who works every day with insurance issues decided to hire our firm. His decision not to handle the case himself emphasizes a frequently emphasized point: Injured persons should not try to settle their own cases.

Sunday, June 29, 2008

Millionaires have access to the courts, what about the rest of us?

The PI ran an interesting article today. Apparently Clay Bennett and his partners have spent $2,000,000 in legal fees on the lease dispute with the City. That equates to $400,000 in attorney fees for each full day of trial.

Most people don't have Clay Bennett's resources. They can't afford to pay $2,000,000 for a five day trial. That begs the question. How do average people get justice when they're hurt? The answer, in most cases, is a contingent fee agreement.

Contingent fee agreements all allow average people access to the courthouse. A contingent fee provides that the attorney earns a fee only if he wins. And then the fee is based on a percentage of the recovery (usually 33 and 1/3 to 50 percent), not an hourly rate.

There has been a lot of criticism of contingent fees in the media. Special interest groups in some states want to limit or eliminate them. You have to ask yourself, why would they do that?

The answer is pretty simple. Special interest groups like the insurance companies don't want you to be able to afford an attorney. They don't want you to be able to assert your rights. They don't want you to have access to the Courthouse.

Say you are in a dispute with an insurance company. The insurance company has a fleet of lawyers on staff who are very familiar with how to deal with disputed claims.

If personal injury attorneys didn't offer contingent fee agreements, insurance companies could take advantage of those of us who don't have $400,000 a day to spend on legal fees. Fortunately, some attorneys are willing to make sure average people get the same access to the courthouse as the Clay Bennetts of the world.

Thursday, June 5, 2008

Myers & Company wins $9,000,803.25 judgment for injured woman

Myers & Company obtained a judgment of over $9,000,000 against a driver who seriously injured a young woman. The award is believed to be one of the largest issued in Snohomish County arising from a motor vehicle accident. Mike Myers served as lead counsel and was assisted by Ryan Nute.

Thursday, May 29, 2008

SOCIAL RESPONSIBILITY

We increasingly make decisions based on environmental impact. We purchase containers that can be recycled. We look for products that are made using "green" manufacturing processes. We compost our food waste rather than dumping it in landfills.

But rarely do we make the decision to hire a professional services firm based on their office practices and policies related to the reduction of waste and environmental impact. It's time for that to change.

At Myers & Company we've been paperless since 2005. We provide employees bus and train passes. The majority of our attorneys ride their bikes to work.

We have a strong commitment to the environment and to social responsibility. Reduce, reuse, recycle. It lowers costs for our clients, it makes us more profitable and it helps us do our part to make Seattle a nicer place to live.

We've established a reputation as one of the top personal injury firms in the state. But we're just as proud of our efforts to make the personal injury practice friendlier to the environment.

Wednesday, May 28, 2008

Myers & Company Announces Settlement in Menu Foods Products Liability Case

Myers & Company announces the filing of a motion for preliminary approval of a proposed settlement of all claims in the In re Pet Foods Products Liability Litigation, the lawsuits against the Menu Foods Company and other companies related to the recall of pet food and pet treats beginning in March 2007.

The lawsuits alleged that the recalled products were tainted with contaminated wheat gluten or other ingredients and that as a result pets became ill, died or were subjected to health screenings.

If approved, the settlement -- which covers class members in the US and Canada -- will provide a cash settlement fund of $24 million.

After the award of attorneys' fees and costs as approved by the court, the balance of the fund will be distributed to injured pet owners whose pets consumed the food and who suffered economic damages as a result.

Pet owners will be entitled to recover up to a 100% cash payment of reasonable, documented economic damages.

Pet owners may also receive payment of up to $900 for other reasonable and valid economic damages for which they do not have documentation.

Economic damages may include veterinary screening or treatment costs, death-related expenses, pet purchase price or new pet costs, and property damage, among others.

In addition to the monetary recovery, the pet food manufacturers have agreed to continue testing programs designed to detect melamine and cyanuric acid in wheat gluten and rice protein imported from China.

If the court grants preliminary approval to the settlement, a court-approved notice will be mailed to pet owners whose addresses are known. In addition, the notice and claims form will be posted on this Web site.

The preliminary approval hearing is scheduled for May 30, 2008.