For an injured person to recover damages, they must be able to prove another party’s negligence.  That requires a showing of four things:

1)  The existence of a duty.  Let’s look at a slip and fall in an icy parking lot as an example.  Land owners, or property managers, have a duty to ensure that their property is reasonably safe for the people who are supposed to enter upon it.  If someone knows, or should know, that a dangerous condition such as an icy parking lot exists on their property, they have a duty to act reasonably to correct that dangerous condition or warn people about it.

2)  A breach of that duty.  Taking the example above, you would ask whether the land owner took reasonable efforts to sand, shovel or de-ice once they became aware (or should have become aware) that their parking lot or sidewalk had become dangerously slippery.  If not, then they may have breached their duty.  This element of negligence can be proven by comparing the land owner’s actions to what is reasonably accepted in the area.  If they did less than what is reasonably expected of others in similar situations, then there is a breach.

3)  The existence of damages.  In order to recover damages – the monetary measure of your injuries – you must be able to show they exist.  There are two types of damages:  ”special” damages and “general” damages.  If (again citing the above example) a person slips and falls due to a landowner’s negligence, then they may incur “special” damages that can be quantified by adding up the resulting medical bills, the loss of wages from time missed from work, the cost of prescriptions, mileage associated with doctor’s visits or other accident related travel, and so on.  ”Special” damages are all those expenses that can have a monetary amount readily assigned to them by a receipt or bill or invoice; they are objectively quantifiable.   “General” damages, on the other hand, are subjective.  These are what you often hear referred to as “pain and suffering.”  A person who suffers injury as a result of another’s negligence is entitled to recover a monetary amount to compensate them for the subjective anguish that the accident and resulting injury caused them.  If the injured party is married, then their spouse may also have a similar type of claim for the loss of enjoyment of their partner.  This is called a “loss of consortium” claim, and can be added to the injured party’s claims.

4)  The damages were actually caused by the breach of duty.  This last element kind of ties the claim together.  After you show that there was a duty, it was breached and that damages exist, you must be able to prove that the breach of said duty was the actual cause of the damages.  In some rare cases, a duty may have been breached and a person may suffer some injury, but the two cannot be necessarily connected in a cause and effect chain.  In the current example, a doctor’s testimony that the person’s injury was caused by the slip and fall, and an expert witness’s testimony that the slip and fall was caused by the land owner’s failure to de-ice a parking lot when they knew they should to prevent a dangerous condition would be evidence of that causal connection.

The above elements apply to any claim of negligence, from auto accidents to product liability to injuries resulting from negligent construction.  An early evaluation of these elements is important in analyzing the strength of a claim.  Of course, there are a whole host of other difficult issues to tackle before these issues will ever come before a jury, or lead to a settlement.  Insurance companies, adverse parties, issues regarding assets and many other tricky practical matters apply to a seemingly simple injury claim that will greatly affect the outcome.  Call the Law Office of Alan H. Green, PLLC if you have been injured in Spokane, and find out if you are entitled to recover from a negligent party.

Many people avoid these questions because they are difficult to think about.  Many people dismiss estate planning as complicated or expensive.  But if you spend just a few minutes speaking with a knowledgeable estate planning attorney, and spend a relatively small amount of money now, you will never have to worry about these questions again, and could end up saving your family many times the cost down the road.

The Law Office of Alan H. Green, PLLC will work with you to create a personalized estate planning package particular to the needs of your family.  Usually a will, maybe containing a testamentary trust for any minor children, along with a durable power of attorney and a health care power of attorney are enough to take care of most people’s needs.  These documents will ensure that your assets are passed along as you wish; that your estate can be handled without unnecessary court intervention; that your children are taken care of; and that all business, financial, and medical decisions are taken care of according to your predetermined wishes.

Many people have somehow come to believe that complicated “living trusts” are necessary to avoid taxes and pass property in the easiest way.  That is often times untrue.  ”Living trusts” do not actually avoid estate taxes in most situations.  And the current federal estate tax thresholds are far above that of normal families’ asset totals anyway.  Further, in Washington the probate laws are such that a simple will can provide for an estate to be probated simply and quickly without much, if any court intervention at all.

Call The Law Office of Alan H. Green, PLLC today to discuss putting together your personalized estate planning package today.  Reasonable flat rates apply in most situations.

Experience:  You want an attorney that has handled a lot of cases over the years.  You also want an attorney that takes each case and looks at it fresh, without just pigeon-holing it into a category and following some long-antiquated case management formula.  It is important to retain an attorney that has experience in the area you need.  Some attorneys focus on only car accident cases, or only products liability.  You don’t want someone who is so specialized they are unfamiliar with your specific issues.  An attorney with experience in all areas of personal injury can be a powerful advocate, being able to draw on a lot of past experiences with different types of matters, in addition to those just like yours, and have fresh and insightful ideas.

Knowledge:  Even more important than the number and type of cases an attorney has handled are the different roles he has played in handling them.  An attorney that has worked directly for insurance companies, or on behalf of insurance companies representing insured drivers and property owners, and against insurance companies when representing injured parties has the advantage of knowing the process from every angle.  When pursuing a personal injury claim, insurance companies can make things confusing, and even scary.  It is important that you have a knowledgeable attorney on your side to help you avoid those pitfalls.

Personal Attention:  Everyone knows the commercials.  Everyone sees the ads.  There are some big personal injury firms out there that advertise a lot, and it gets them a lot of business.  And they are good attorneys.  But they base their firms on the sheer volume of cases that they can bring in.  Sometimes these firms are not even based locally, and you end up talking to someone that may even be outside the state.  You want an attorney who’s first concern is the relationship he builds with his clients.  While no attorney can guarantee success every time,  he should be able to promise you this:  you will always know what is going on with your case, what decisions are being made and exactly why, and that he will be a zealous advocate for you and your claim at all times.  Starting on the day of your accident, a good attorney can assist you with talking directly to the insurance companies – yours and theirs.  He will help you coordinate medical treatment and manage your insurance payments. He will manage your property damages claims by coordinating with repair shops and rental car companies.  There are a lot of aspects to even a simple injury claim, and the right attorney will help you personally with each one.

Alan Green has been practicing for nearly 10 years.  Over those 10 years, Alan has work directly for or with at least a dozen of the nation’s largest insurers handling injury-related cases.  These cases have included:  workplace injuries, car accidents, slip-and-fall cases, product liability claims, malpractice issues, construction related injuries, and many others.  Because Alan has such an extensive history working with the insurance companies, he knows all the tricks, all the procedures, all the things to be careful about when dealing with them.  Perhaps more importantly, he also knows how adjusters evaluate claims, and therefore can present your claim in the way most likely to result in the best outcome.  Alan began his own practice because he wanted to use this experience to help people win their claims against insurance companies, and not fall victim to their confusing and sometimes unfair tactics.  Alan maintains a small, personal practice so that he can help each one of his clients personally, and ensure that he is dedicated and available to each one.

If you or someone you know are injured in a car accident or by some other form of negligence, don’t try to go it alone.  Call The Law Office of Alan H. Green, PLLC and let Alan help you with your claims.

Once telephone calls, emails and letters fail to get the results you need, its time to advance to the next step:  hiring a competent and knowledgeable consumer protection attorney.  A good consumer protection attorney can help you evaluate which of the many causes of action you may be able to pursue against the contractor.  Additionally, a good consumer protection attorney can help you go after the contractor’s insurance company and bond, as well as their business and/or personal assets.

Available causes of action may include: breach of contract; construction defect/negligence; Consumer Protection Act violations; Contractor’s Registration Statute violations; and possibly several other common law and/or statutory claims.  Its important to involve a consumer protection attorney that has knowledge of the details of these different claims in order to take advantage of opportunities to collect any attorneys fees you may have to spend, or even be awarded up to three times the amount of your actual damages.

It is also important to have a knowledgeable consumer protection attorney to help you navigate the sometimes confusing requirements for filing suit against the contractor’s bond, as well.  There are a number of specific steps that you must take in order to bring the contractor’s bond (either $6,000 or $12,000) into play.  Additionally, an experienced attorney can often times involve the contractor’s insurance company and negotiate a pre-suit settlement, even in some cases where there is a coverage question.

Your home is your biggest investment and your most important asset.  If it has been damaged by a contractor, it is important that you contact an experienced consumer protection attorney to make sure that your home is restored to its proper condition, and that you haven’t wasted your hard earned money.  The Law Office of Alan H. Green, PLLC is primarily a consumer protection law firm dedicated to assisting homeowners recover in cases where they have been wronged by contractors.

Insurance claims now touch almost every aspect of our lives.  Just here in Spokane alone, dozens of different insurance-related scenarios are playing out every day.   Just a few of the different claims that people often deal with are:

1)  Claims against homeowner’s insurance policies for water damage from a burst pipe, collapse of a structure, or other sudden damage;

2)  Claims against automobile policies for a hit and run accident damaging your vehicle, no fault accident with an uninsured vehicle, or other circumstances causing injuries to yourself or your property;

3)  Claims against another’s automobile policy for personal injuries and property damage from a multiple vehicle accident;

4)  Dealing with health insurance policies for medical treatment arising out of accident or illness, including subrogation or reimbursement negotiations; or

5)  Claims against valuable personal property policies in the event of loss or theft of certain important items.

These are just a few examples of the ways that insurance companies become a part of our lives.  Each one of these scenarios presents a unique set of circumstances that the insurance company may try to use to deny coverage or undervalue your claim.  Regardless of the specifics, though, there are two important phases to any claim.

First, the insurance company will conduct a “coverage analysis.”  This process involves the application of the specific language of the insurance policy to your unique set of circumstances.  Have you ever read your entire insurance policy?  Most insurance policies, whether they are auto, home, professional or some other kind of policy, contain numerous complicated and detailed clauses, riders and exceptions.  Insurance companies will often times try to use this carefully crafted policy language to deny coverage for your claims.  Involving an attorney to assist you in deciphering and interpreting policy language can often mean the difference between having coverage denied, and having your claim paid.  Many times, an experienced attorney can artfully draft demands to the insurance company that will creatively circumvent some policy exclusions.  Often the way the claim is presented is more important than the claim itself, and only a knowledgeable attorney can really draft the language you need to be successful.

If the insurance company does accept coverage for your loss, then the second phase begins:  valuation of the claim.  Insurance companies will often undervalue a claim, and an insured may not know how to go about getting an acceptable evaluation with the proper legal and factual support.  Insurance companies are corporate beasts, that feed on form documentation and red tape.  An attorney that knows how the claims evaluation process works from the inside can help you present your claim with the proper documentation so that all of the insurance company forms get the right boxes checked, and all the right things get passed up the endless chain of managers and supervisors so that they can approve paying you money.  If you do not have someone on your side that knows how the system works, your claim can get bogged down in the system, and getting paid becomes a painfully long and difficult process.

Lastly, there are a number of technical legal issues that may come to bear on your claim, or your dealings with the insurance companies.  In Washington, there are several statutes that deal with insurance companies, and put very specific restrictions, deadlines and other rules in place for how they must deal with consumers.  It is important that you understand these statutory rules, and are able to use them to apply pressure to an insurance company when they are not acting in your best interests.

If you need to deal with an insurance company for any reason, contact The Law Office of Alan H. Green, PLLC today to discuss how Alan can help you get the settlement you deserve.

Do you know what happens to your assets and property if you die without a will?  What would happen to your minor children?  Who will make decisions for you in a medical emergency?  Does anyone have legal authority to act on your behalf with banks, businesses, or other financial matters if you cannot do it yourself.  Many people think they know the answers to these questions, but are sadly mistaken.  Just because you have told a family member your wishes, it does not mean they have the authority to act on those wishes, or even the ability to make sure those wishes are followed.  It is critically important you have the properly drafted documents in place to avoid that uncertainty.

Everyone makes excuses:  they don’t want to think about such unpleasant things; they don’t feel like they have enough assets to make a difference; they think their family knows what to do.  Don’t make the same mistake.  Protect yourself and your family today.

Until May 31st, The Law Office of Alan H. Green, PLLC is conducting a special “clinic” and will be providing families with a complete estate planning package for a discounted flat fee.  For $495.00, you and your spouse will both receive a will, including a simple testamentary trust for any minor children, a durable power of attorney, and a health care power of attorney/health care directive. Call today to find out more.

People do not realize how dangerous it is for themselves, and for their families, not to have an estate plan.  Without having these properly drafted documents people run many risks, including:  not having their children cared for according to their wishes (or even becoming wards of the state); not having the proper decisions made in emergency medical situations; not having provisions in place for financial and other decisions to be made in the event they are unable to do it themselves; and countless other uncertainties.  By spending a little time with a knowledgeable attorney, and having the proper documents drawn up, you can rest assured that your family, your assets, and your health will all be taken care of as you see fit if the worst should happen unexpectedly.

Call or email The Law Office of Alan H. Green, PLLC before May 31st and mention this post, and you and your spouse can receive a full estate planning package for a discounted price.  The package will include a Last Will and Testament, including a simple testamentary trust for minor children if appropriate, a Durable Power of Attorney, and a Health Care Power of Attorney.  The documents will ensure that your assets are passed on according to your wishes; that your children are cared for by the guardian you wish, and in the manner you desire; and that all financial, medical and business issues can be taken care of according to your wishes in the event you become incapacitated.  Make sure that you and your family are protected.

So, you got taken for a ride by a contractor.  He has taken most of the money for the job, but left the work mostly unfinished – and what he has completed looks terrible and might even be dangerous.  Maybe he has damaged your house or other personal property.  Maybe you have even suffered personal injuries as a result of the contractor’s work.  What do you do now?

There are a number of issues that come into play in a claim against a contractor, and it is important to have an experienced attorney assist you so that you can prevail.  The two biggest issues have to do with insurance and the contractor’s bond.  Let’s look at each a little more closely.

Insurance Issues

Once you have consulted your attorney and determined that there are indeed valid claims against the contractor, often times the first step is to put together a comprehensive demand package and send it to the contractor’s insurance company – assuming he has insurance.  This package will contain all of the factual and legal details upon which you are basing your claims, and will tell the contractor and his insurance company how much you will be entitled to recover in damages.  From there you and your attorney will try to negotiate a settlement of your claims and avoid the need for filing a lawsuit.

When drafting the demand package, it is imperative to keep in mind that most contractors’ insurance policies contain certain exclusions.  The most common exclusion that comes into play is the “your work” or “workmanship” exclusion, which states that there will be no coverage for damages that are considered poor workmanship.  This means that damages such as the cost of tearing out the bad work and having a qualified contractor replace it may very well not be covered by the policy.  Because of these exclusions, it is important to draft your demand in a manner that focuses on damages that will be covered.  Often times these damages include damage to existing structure, water damages caused to the house or personal property caused by the contractor’s work, the cost of replacing personal property items damaged by the contractor, and even personal injury damages.  When putting together your demand, you and your attorney need to focus your analysis and documentation on these covered areas.  Otherwise, the insurance company may simply deny coverage for the claims, and will not participate in settlement negotiations at all.

Bond Issues

If coverage issues, or the lack of any insurance at all, lead to failed settlement negotiations then it becomes necessary to sue the contractor.  When filing a lawsuit against a contractor, you also want to include the contractor’s bonding company in the lawsuit.  That way, even if the contractor has no assets or is otherwise judgment-proof, you can still recover any available bond funds.  Washington law requires that specialty contractors maintain a bond of $6,000.00 and general contractors maintain a $12,000.00 bond.  This is often not enough to make the injured party whole, but it is better than nothing if the contractor cannot satisfy a judgment.

Washington has several very specific requirements regarding the procedure for naming a contractor’s bond company in a lawsuit.  You must follow these requirements when drafting, filing and serving your complaint on the contractor and his bond company.  Likewise, there are certain things that must be specifically enumerated in your complaint in order to properly raise the cause of action against the bond company.  An experienced attorney will ensure that all of the requirements are met when filing suit.  Furthermore, there are various nuances and procedures when it comes to settling with a bond company in the event of a default judgment against the contractor, or certain other situations.  An experienced attorney can assist you in making sure that you maximize your recovery.

There are a number of other issues that come into play when pursuing a claim or filing a lawsuit against a contractor.  There are different Washington statutes that may be relevant, such as the contractor’s registration statutes and the Washington Consumer Protection Act, amongst others.  The Law Office of Alan H. Green, PLLC can assist you in evaluating your construction defect and other claims against a contractor, and make sure that all the intricacies and nuances of claims negotiation and litigation are taken care of to maximize your recovery.  Contact the office today if you feel you have a claim against a contractor.

During 2010, Alan helped clients reach reasonable and satisfactory resolutions to several different problems that fall under the heading of “Consumer Protection.”   These issues ranged from problems with unlicensed and incompetent contractors to problems with debt collection to problems with auto repair facilities to problems with insurance companies.  Each different case is governed by different Washington, and maybe Federal laws, regulations and rules; as well as the precedent set by both recent case law and long standing common law.  Often times, a simple letter setting forth the details of the law and how the law applies to the given situation is enough to show a wrongdoer the light, and prompt a quick and reasonable resolution.  A demand letter written by a competent and knowledgeable attorney is often a simple and cost effective way to resolve almost any problem.  Sometimes a party is not willing to be reasonable, and whether they are an individual or a huge insurance company The Law Office of Alan H. Green, PLLC will represent clients in litigation to make sure your rights are protected.

Alan also helped a number of families gain the peace of mind that comes with sound estate planning.  Whether a new family member starting out and wanting protection for their spouse and young children, or someone who has lived a full life and wants to protect those things they have worked so hard for, Alan is able to provide advice regarding the best way to pass along  assets, protect wealth from taxes, and even create the documents necessary to make wishes known as to medial care and other important decisions.  Last wills and testaments, various trusts, durable powers of attorney for both legal and health care situations – all of these documents are valuable in protecting a family’s interests in the event of unforeseen circumstances.

Consumer protection and estate planning are the main focus of Alan’s practice; however, Alan also handles a variety of other cases for the people of the Inland Northwest.  Alan assisted a client in beating a Dept. of Licensing drivers license suspension and negotiating a reduced charge and sentence in a criminal matter.  Alan also assisted clients in forming new business entities and drafting all of the necessary documents that help protect the business owners and their investments.  In addition to assisting his clients in Spokane with these varied matters, Alan also travels to Grant County once a week to represent children in juvenile court concerning matters of truancy, Youth-At-Risk Petitions for runaways and other troubled kids, and Child-In-Need-of-Services Petitions for kids needing to address difficult situations at home.

2010 was a great year for the The Law Office of Alan H. Green, PLLC, and 2011 promises to be even better as Alan looks forward to helping even more people.  If you are in need of thoughtful legal representation, contact Alan at your convenience to see how he can help you.