CONVENIENTLYLOCATED

Page 4 We Provide the Highest Level of Service. ◆

500 John StreetSeattle WA 98109

Graham Lundberg & Peschel’s Guide to Recovery and Resolution | March/April 2006

For the convenience of your per-sonal injury patients, we offer sev-eral meeting locations throughout Puget Sound and Peninsula com-munities. Attorney consultations are encouraged and always free.Auburn . . . . . . . 253-931- 1111Bellevue . . . . . . 425-827- 1111Burien . . . . . . . . 206-241- 1708Everett . . . . . . . 425-252- 1111Federal Way . . . 253-946- 1111Gig Harbor . . . . 253-853- 5005Lacey . . . . . . . . . . 360-786- 1717Lakewood . . . . . 253-274- 1111Lynnwood . . . . . 425-775- 1111Marysville . . . . . 360-658- 1111Port Orchard . . 360-876- 5005Puyallup . . . . . . 253-845- 1112Renton . . . . . . . . 425-235- 1111Seattle . . . . . . . . 206-448- 1992Silverdale . . . . . . 360-876- 5005Tacoma . . . . . . . 253-627- 7701

Or Call Toll FreeNorth Puget Sound area

including Island, Skagit, King & Snohomish Counties

800-422-4610 South Puget Sound area

including Pierce, Kitsap, Mason & Thurston Counties

800-273-5005

or visit us online…www.glpattorneys.com

Free Consultation: 1-800-422-4610 | Visit our Web site: www.glpattorneys.com

PRSRT STDUS POSTAGE

PAIDPERMIT #34SEATTLE WA

We are a team of legal professionals working together to advocate for the injured while being recognized in

the community for providing the highest level of service.

AttorneysJohn M. GrahamScott F. LundbergBrian J. PeschelKenneth B. GoldenCydney Campbell WebsterAaron L. AdeeSean A. AyresTara L. EubanksJin K. LienJohn D. WebberCarrie D. UmlandRodney G. Zerr

ParalegalsPatricia ClantonPatti CryderJudy Hanson EarleLouise FreymannLeslie GesterlingPatricia GreenLorna HollandGrace StephensCatherine TorkelsonHeather Webb

AdministrationAnne BowersTrish DriverKay DuffTeresa GarciaLynne GoldenAleena HodgesJessica HolmanLap HuynhHeather KellyKevan KeschvadianCortney KrawieckiAnn MakiLindsey MartinMartha McDonaldBecky MoilanenErin RoudybushMelanie Shotts

“Crash Course 101”The 4th Edition of

“Crash Course” is Here!by John Graham, Attorney at Law

We Rewrote the Book!

In the North Sound area call (800) 422-4610 for your complimentary copy.

Inside this month’s R&R…

Attorney Spotlight — Carrie D. Umlandon page 2

Case Study— complex Construc-tion Caseon page 3

Did You Know?on page 3

Upcoming Seminar Schedule on page 3

& MARCH/APRIL ◆ 2006

Volume 7, Issue 2

Recovery ResolutionGraham Lundberg & Peschel Founded 1979

A LEGAL NEWSLETTER FOR HEALTH CARE PROFESSIONALS

A Guide to…

Handling The Complex Personal Injury Case

A personal injury case can be considered complex for a variety of reasons. The most common reasons a personal inju-

ry case is considered complex is because there are multiple at-fault parties, there are mul-tiple accidents, or there are multiple plaintiffs.

Multiple at-fault partiesMany of our clients are injured as a result

of fault that can be attributed to more than one person or entity. Washington law allows a jury to allocate fault amongst all parties that may have contributed to an accident, in-cluding the plaintiff and any defendants in a lawsuit, and also to non-parties that are not part of a lawsuit.

One example involving multiple at fault parties is a “chain reaction” automo-

bile collision in-volving three

or more vehicles. If an injured party is in the front car, he or she may have experienced several impacts caused by different parties. A good attorney will uncover facts early in such a case to determine what percentage of fault a jury might assign to each at fault party.

Another example of multiple at fault par-ties is when a person trips and falls due to a hazard at a business property, such as a shopping center. There may be fault appor-tioned to both the landowner and the tenant. Oftentimes diffi cult and thorough investiga-tion is required to determine the proper enti-ty responsible for maintenance and control of a specifi c location where an injury occurred.

Yet another example is when a worker is injured in a construction accident through fault of persons or entities not associated with his or her own employer. In a construc-tion accident case, general contractors of a construction site may be at-fault, as well as subcontractors on the site

When multiple parties are involved in a personal injury case, this means there are also multiple fi rst and third-party insurance coverages that will apply. In many of our complex automobile collision cases, we may be dealing with two different PIP insurance carriers, a health insurance carrier, two or more third-party insurance carriers, and two or more underinsured motorist carriers. This requires a complex balancing of all of the competing insurance interests, and a careful

Plan to Attend This Free Educational Seminar…

WHAT YOU NEED TO KNOW ABOUT COMPLEX CASES See page 3

continued on page 2

By John D. Webber, Attorney

Page 2 Dedicated, Experienced & Responsive Team Striving To Make Your Practice Simpler. ◆

Graham Lundberg & Peschel’s Guide to Recovery and Resolution

work-up of the case to maximize and obtain a fair and reasonable recovery for our client.

Additionally, complex cases are more likely to end up in litigation. Once litigation on a complex case is under way, there can often be two or more defense attorneys that take an adverse position to our client’s claims.

Multiple AccidentsSome of our clients have the

misfortune of being involved in more than one accident. This oftentime will happen with auto-mobile collisions, and will create a complex situation because there is often overlapping medical treat-ment and damages. For example, a client might have been in a rear end automobile collision in Janu-ary of one year, for which she re-ceives chiropractic care. By April of the same year she is making progress with her recovery from the January accident when she is involved in a second accident. Following the second accident her doctor determines that she sus-tained new injury and aggravation of her injuries from the previous accident.

In a multiple accident case, we work carefully with the medical care provider on the issue of appor-tionment of injuries and damages. It is complicated determining the injuries specifi c to each accident and whether the subsequent acci-dent aggravated prior injuries.

We typically cannot settle one accident claim without settling another claim that may overlap. Washington law provides that if a plaintiff is fault free, joint and several liability applies against all defendants against whom judg-ment is entered, meaning that a “fault free” plaintiff can recover the whole of their damages from any one, or a combination of, de-fendants.

Multiple PlaintiffsThere are many occasions when

we may have more than one Plain-tiff related to an injury claim. This typically may arise in a wrongful death claim. If a person is killed in an automobile collision that is the fault of another party, the injury claims of the person killed “sur-vive” and can be brought by an-other person appointed by a Court to act as the “Personal Representa-tive” of the deceased person’s es-tate. In addition to the claims that belong to the Estate, there may be individual claims that belong to other family members. For exam-ple, we might represent the estate of a 16-year-old woman killed in an automobile accident. In addition to the claims of the estate for the de-ceased person’s medical expenses, funeral and burial expenses, pain and suffering, and loss of future

Handling The Complex Personal Injury Case, continued

earning capacity, we would also represent the claims of the parents for the destruction of the parent-child relationship.

Another example of a case in-volving multiple plaintiffs is when we represent two or more people injured riding in the same automo-bile involved in a collision where neither injured person is consid-ered “at fault.” In such a case each injured person has individual claims separate from one another.

ConclusionGraham Lundberg & Peschel has

become one of the leaders in West-ern Washington’s legal community in handling complex personal inju-ry claims. Our dedicated legal team can help your patients sort out the competing and overlapping inter-ests and issues in order to reach a fair and reasonable result.

Carrie D. Umland is an As-sociate Attorney for the North Sound Offi ces of

Graham Lundberg & Peschel, P.S. Carrie and her paralegal, Grace Stephens, focus their practice on automobile collision cases.

Prior to joining Graham Lun-dberg & Peschel, Carrie was a bodily injury claim representative for State Farm Insurance Com-pany. While attending law school she worked as a case manager/negotiator for a small plaintiff ’s personal injury fi rm. Following graduation from law school her practice focused on insurance de-fense. Carrie’s unique experience and skills are a welcome addition to our team.

Carrie grew up in Washington

and has always been a resident of the Pacifi c Northwest. She earned her Bachelor of Arts from Central Washington University in 1985 and received her Juris Doctor from Seattle University School of Law in 1994.

She currently holds membership with the Washington State Bar Association and is an Eagle Mem-ber of the Washington State Trial Lawyers Association. In her free time she is involved as a volunteer raising contributions for The Leu-kemia and Lymphoma Society. She also enjoys running, cycling and swimming. She completed her fi rst marathon on January 15, 2006 and is currently training to participate in the Pacifi c Crest Half Iron Man in Bend, Oregon, on June 24, 2006.

Attorney Spotlight — Carrie D. Umland

◆ We Provide the Highest Level of Service. Page 3

Visit our Web site: www.glpattorneys.com | March/April 2006

WHAT YOU NEED TO KNOW ABOUT COMPLEX CASES

Graham Lundberg & Peschel wel-come you and your offi ce staff to at-tend a FREE Educational Seminar.

Join us in a discussion regarding:

• Multiple Accidents

• Multiple Claimants

• Multiple At Fault Parties

• Multiple Sources of Recovery

This is one seminar you cannot afford to miss! Seating is limited so sign up today!

Wednesday, April 12Tacoma – La Quinta Inn

Thursday, April 13Everett – Quality Inn

Thursday, April 20Port Orchard – McCormick Woods Country Club

Thursday, April 20Bellevue – Red Lion Bellevue Inn

Wednesday, April 26Tacoma – Holiday Inn Express

Thursday, April 27Renton – Holiday Inn

Thursday, May 4Seattle – Best Western Executive Inn

Enclosed is an RSVP form. Plan to attend this informative seminar!

■ All Seminars: 12:30 – 2:00 pm

■ Complimentary Lunch Will Be Served

■ Doctors of Chiropractic, Massage Therapists, and Physical Thera-pists will earn 1.5 CE credits

■ Registration is limited to four at-tendees per offi ce

Case Study—Complex Construction Case

Our fi rm recently resolved a case for a client who was permanently injured when

he was violently thrown from the scaffolding on which he was stand-ing while performing his job. Our client was acting as a “hose man” directing the pour of concrete into a wall form when the hose tip of the concrete pump truck that was operated by a different subcontrac-tor struck our client. The fl ow of concrete became plugged when an air pocket formed in the line due to improper set up of the pump truck by the pump truck operator after repositioning of the truck, which caused the concrete hose to whip out of control and strike our cli-ent. Consequently, our client was thrown up and off a scaffolding on which he was standing. Our client was knocked unconscious for sev-eral minutes and sustained perma-nent head and back injuries.

Our initial task was to determine all the possible parties that were negligent in causing our client’s injuries to allow for a third-party claim. Our investigation revealed that not only was the general con-tractor liable for our client’s injuries but so was another subcontractor

different from our client’s employer. In addition to the multiple at-

fault parties, our client also had extensive injuries overlapping with several prior on-the-job inju-ries. We worked closely with our client and his medical providers to determine which injuries were new and which were aggravations of pre-existing conditions. We also assisted our client in making sure that Labor & Industries was prop-erly allocating his injuries to the appropriate claims.

Once we had all responsible parties joined in the lawsuit and had sorted out the causation of the multiple and complex injuries we were able to negotiate a substan-tial combined settlement from all parties involved. The discovery phase of the case lasted for over three years, and the case settled only a few months before trial.

At fi rst glance, many on-the-job injuries may not appear to have a third-party claim that can be made. However, if your patient has been injured on-the-job due to the actions of another person excluding their own employer, they should consult with an attorney to learn their rights.

Graham Lundberg & Peschel, P.S., Inc.’s Seattle Attorneys Cydney Campbell Webster

and John D. Webber successfully handle complex and large construc-tion accident cases. Cydney and John have successfully worked as a team to represent workers injured in industrial accidents when anoth-er party is at-fault. In the last two years, they have successfully negoti-ated several settlements exceeding One Million Dollars ($1,000,000.00)

on behalf of their clients. In addition to handling automo-

bile collision claims, Graham Lund-berg & Peschel, P.S., Inc. represents people injured in construction ac-cidents, slip and falls, maritime injuries, and the Estates of people killed as a result of someone else’s negligence. We are here to help your patients with a wide variety of personal injury cases. The fi rm has 27 years experience in all aspects of personal injury law.

Did You Know?

CONVENIENTLYLOCATED

Page 4 We Provide the Highest Level of Service. ◆

1420 South Union Avenue, Floor 2Tacoma WA 98405

Graham Lundberg & Peschel’s Guide to Recovery and Resolution | March/April 2006

For the convenience of your per-sonal injury patients, we offer sev-eral meeting locations throughout Puget Sound and Peninsula com-munities. Attorney consultations are encouraged and always free.Auburn . . . . . . . 253-931- 1111Bellevue . . . . . . 425-827- 1111Burien . . . . . . . . 206-241- 1708Everett . . . . . . . 425-252- 1111Federal Way . . . 253-946- 1111Gig Harbor . . . . 253-853- 5005Lacey . . . . . . . . . . 360-786- 1717Lakewood . . . . . 253-274- 1111Lynnwood . . . . . 425-775- 1111Marysville . . . . . 360-658- 1111Port Orchard . . 360-876- 5005Puyallup . . . . . . 253-845- 1112Renton . . . . . . . . 425-235- 1111Seattle . . . . . . . . 206-448- 1992Silverdale . . . . . . 360-876- 5005Tacoma . . . . . . . 253-627- 7701

Or Call Toll FreeNorth Puget Sound area

including Island, Skagit, King & Snohomish Counties

800-422-4610 South Puget Sound area

including Pierce, Kitsap, Mason & Thurston Counties

800-273-5005

or visit us online…www.glpattorneys.com

Free Consultation: 1-800-273-5005 | Visit our Web site: www.glpattorneys.com

PRSRT STDUS POSTAGE

PAIDPERMIT #34SEATTLE WA

We are a team of legal professionals working together to advocate for the injured while being recognized in

the community for providing the highest level of service.

AttorneysJohn M. GrahamScott F. LundbergBrian J. PeschelKenneth B. GoldenCydney Campbell WebsterAaron L. AdeeSean A. AyresTara L. EubanksJin K. LienJohn D. WebberCarrie D. UmlandRodney G. Zerr

ParalegalsPatricia ClantonPatti CryderJudy Hanson EarleLouise FreymannLeslie GesterlingPatricia GreenLorna HollandGrace StephensCatherine TorkelsonHeather Webb

AdministrationAnne BowersTrish DriverKay DuffTeresa GarciaLynne GoldenAleena HodgesJessica HolmanLap HuynhHeather KellyKevan KeschvadianCortney KrawieckiAnn MakiLindsey MartinMartha McDonaldBecky MoilanenErin RoudybushMelanie Shotts

“Crash Course 101”The 4th Edition of

“Crash Course” is Here!by John Graham, Attorney at Law

We Rewrote the Book!

In the South Sound area call (800) 273-5005 for your complimentary copy.

Inside this month’s R&R…

Attorney Spotlight — Carrie D. Umlandon page 2

Case Study— complex Construc-tion Caseon page 3

Did You Know?on page 3

Upcoming Seminar Schedule on page 3

& MARCH/APRIL ◆ 2006

Volume 7, Issue 2

Recovery ResolutionGraham Lundberg & Peschel Founded 1979

A LEGAL NEWSLETTER FOR HEALTH CARE PROFESSIONALS

A Guide to…

Handling The Complex Personal Injury Case

A personal injury case can be considered complex for a variety of reasons. The most common reasons a personal inju-

ry case is considered complex is because there are multiple at-fault parties, there are mul-tiple accidents, or there are multiple plaintiffs.

Multiple at-fault partiesMany of our clients are injured as a result

of fault that can be attributed to more than one person or entity. Washington law allows a jury to allocate fault amongst all parties that may have contributed to an accident, in-cluding the plaintiff and any defendants in a lawsuit, and also to non-parties that are not part of a lawsuit.

One example involving multiple at fault parties is a “chain reaction” automo-

bile collision in-volving three

or more vehicles. If an injured party is in the front car, he or she may have experienced several impacts caused by different parties. A good attorney will uncover facts early in such a case to determine what percentage of fault a jury might assign to each at fault party.

Another example of multiple at fault par-ties is when a person trips and falls due to a hazard at a business property, such as a shopping center. There may be fault appor-tioned to both the landowner and the tenant. Oftentimes diffi cult and thorough investiga-tion is required to determine the proper enti-ty responsible for maintenance and control of a specifi c location where an injury occurred.

Yet another example is when a worker is injured in a construction accident through fault of persons or entities not associated with his or her own employer. In a construc-tion accident case, general contractors of a construction site may be at-fault, as well as subcontractors on the site

When multiple parties are involved in a personal injury case, this means there are also multiple fi rst and third-party insurance coverages that will apply. In many of our complex automobile collision cases, we may be dealing with two different PIP insurance carriers, a health insurance carrier, two or more third-party insurance carriers, and two or more underinsured motorist carriers. This requires a complex balancing of all of the competing insurance interests, and a careful

Plan to Attend This Free Educational Seminar…

WHAT YOU NEED TO KNOW ABOUT COMPLEX CASES See page 3

continued on page 2

By John D. Webber, Attorney