Le & KittlesonLe & Kittleson2026-09-09T14:03:00Zhttps://www.edwardkle.com/feed/atom/WordPress/wp-content/uploads/sites/1402499/2021/12/site-icon-75x75.pngOn Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[How long do you have to file a wrongful death claim?]]>https://www.edwardkle.com/?p=498222026-09-09T14:03:00Z2026-09-09T14:03:00ZWhy is waiting risky?
A wrongful death case can take time to investigate. Important records may become harder to obtain, witnesses may move or have trouble remembering what happened and evidence can become more difficult to preserve. The personal representative may need time to gather information about the circumstances surrounding the death and determine whether a wrongful death claim may be available.
Starting earlier allows time to obtain records, identify witnesses and assess whether the circumstances of the death support a claim.
When does the three-year period begin?
Washington's wrongful death statute does not set a specific limitations period. Instead, Washington courts have held that wrongful death claims generally fall under the state's three-year limitations period for certain injuries and other claims. Courts have generally measured that period from the date of death.
The timing can become more complicated in some cases. Different rules may apply based on the type of claim and the facts involved. A family should not assume that an exception extends the deadline.
What happens if the deadline passes?
Missing the deadline can prevent a family from pursuing a wrongful death claim altogether. If the applicable limitations period expires, the family may lose the ability to bring the claim in court, even if the circumstances surrounding the death otherwise support a claim. Because the timing can depend on the circumstances, waiting until the deadline approaches can create unnecessary risk.
What should a family do next?
A wrongful death claim is brought by the deceased person's personal representative on behalf of the beneficiaries identified under Washington law. The first practical step is confirming who can serve as personal representative. Identifying this detail early can help protect the family's legal options while there is still time to investigate what happened.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[Can you sue an uninsured driver in Washington State?]]>https://www.edwardkle.com/?p=498202026-08-24T09:29:30Z2026-08-24T09:29:30ZA sudden crash near the Renton Transit Center or along I-405 can mess up your daily life fast. One minute you are driving home, and the next you are stuck with high doctor bills, physical pain and costly car repairs. Finding out the driver who hit you has no auto insurance makes a bad day even worse. You are likely wondering if suing the uninsured driver is actually worth it or if you have better ways to get your money back.
Filing a lawsuit against an uninsured driver
You have the legal right to sue an uninsured driver in Washington to get your money back. A judge can then order the driver to pay for your broken car and medical bills through a court judgment. But winning a court case and actually getting paid are two very different things.People who drive without insurance rarely have a lot of cash or extra savings. Taking someone to court who has no money can cost you high legal fees and leave you with nothing. Checking the driver’s financial situation before you file a lawsuit helps you avoid wasting time and money:
Looking up property records can show if they own a home or valuable land
Checking their job status can show if you can take part of their future paychecks
Searching for bank accounts can reveal if they have cash to pay what they owe
Finding out the driver has no real assets usually means a lawsuit will not bring in any money.
Turning to your own insurance policy
Checking your own auto insurance policy is often the fastest way to get help. Washington state law requires insurance companies to offer Uninsured Motorist (UIM) coverage on your policy. Filing a UIM claim lets you get money directly from your own insurance company up to your policy limits. Hiring a personal injury lawyer can also help you read tricky policy terms and fight for the payout you deserve.
Getting your money back
Dealing with an uninsured driver means making smart choices to protect your wallet. Going after the driver in court might sound like the right move, but trying to get money from someone with no cash usually leads nowhere. Looking at your own UIM policy first gives you a much safer way to pay for your doctor bills and car repairs.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[Who is liable for a brain injury from a fall on commercial property?]]>https://www.edwardkle.com/?p=498182026-08-14T14:56:49Z2026-08-14T14:56:49ZProperty control often matters more than ownership alone
The person or company that owns the building is not always the only one who may be responsible. A business leasing the space, a management company or a contractor handling maintenance may also have legal duties, depending on who controlled the condition that caused the fall.
That is why these cases often turn on lease terms, maintenance records, prior complaints and whether anyone knew or should have known about the hazard.
What hazards can lead to a fall?
There are many causes of a severe fall. Hazards that may support a premises liability claim include:
Wet or slick surfaces
Broken stairs
Poor lighting
Damaged handrails
Uneven walking surfaces
Other unsafe conditions a business failed to address
The cause of the fall still matters because the injured person must connect the hazard to the property owner’s or business operator’s failure to keep the area reasonably safe.
A brain injury can raise the stakes of the case
A traumatic brain injury may affect memory, balance, speech and daily function long after the fall. That can make the case more serious than an ordinary premises claim because the damages may involve future treatment, lost income and long-term changes in daily life.
Records and evidence can shape the liability claim
A commercial premises liability case often depends on surveillance footage, incident reports, inspection logs, repair history and witness accounts. Claims involving dangerous property conditions may require a close look at who controlled the area, how long the hazard existed and whether the business had a chance to correct it. A personal injury lawyer can help identify the right defendants before important records disappear or one company tries to shift blame to another.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[When an accident changes who you are]]>https://www.edwardkle.com/?p=498162026-08-07T17:24:05Z2026-08-07T17:24:05Z
The frontal lobe and personality changes
The frontal lobe acts as the control center for personality, impulse control and social behavior. When an impact damages this area, the "brakes" on a person’s emotions may fail, leading to behaviors that seem entirely out of character. Families may observe a variety of new traits, which may include:
Heightened irritability or sudden emotional outbursts
A noticeable lack of empathy or emotional warmth toward others
Difficulty planning or finishing simple daily tasks
Increased impulsivity in financial or social situations
These shifts can fundamentally alter the dynamics of a household or a career. Understanding that these behaviors are medical symptoms can help families navigate the difficult road of recovery.
Measuring what cannot be billed
In Washington, the law recognizes that the value of a life is not found solely in a stack of medical bills. Beyond medical expenses, injured people may seek compensation for non-economic damages. These can include intangible losses like your ability to enjoy life, maintain relationships and function as you once did.
To recover these damages after an accident, you generally need to show how your life has changed. This requires building a complete picture of who you were before the accident and who you've become after it. Evidence typically includes:
Statements from family members, friends and coworkers describing personality changes
Mental health evaluations documenting emotional and behavioral shifts
Neurological assessments linking brain damage to specific symptoms
Together, these pieces of evidence can connect your new limitations and altered personality more directly to the accident, demonstrating the true cost of your injury.
Recognizing that personality changes are a legitimate, compensable injury is a vital step in seeking a fair outcome. Understanding your rights under Washington law allows you to address the full scope of a TBI, ensuring that the invisible toll of the accident is not overlooked.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[Survival actions and wrongful death in Washington TBI cases]]>https://www.edwardkle.com/?p=498132026-07-30T10:25:49Z2026-07-30T10:25:49ZWrongful death and survival actions address different harms
These are separate claims, and each serves a different purpose. A wrongful death claim usually focuses on the family's loss, including the loss of a relationship, support and other legally recognized damages. A survival action focuses on harm suffered by the person who died before death, which may include medical expenses, lost earnings and, in some cases, pain and suffering.
A fatal TBI case may involve substantial pre-death losses
A traumatic brain injury may lead to emergency care, hospitalization and rehabilitation before death. That history can make the survival action especially important. The estate may have a claim tied to the care the person received, the pain endured and the financial losses that built up before death.
The family may also have a separate claim based on the loss of support, companionship and other future harm. Those two parts of the case may grow out of the same event, but they do not measure the same types of damage.
Estate procedures can shape the case early
A survival action usually proceeds through the estate, which means families may have to address personal representative and filing issues early. In a fatal brain injury case, medical records, treatment history and estate documents may shape how the claims move forward. A lawyer handling a fatal injury case can help gather that information and make sure the case follows the law from the beginning.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[Can multiple parties be responsible for a fatal accident?]]>https://www.edwardkle.com/?p=498112026-07-16T13:17:48Z2026-07-16T13:17:48ZMore than one person might share responsibility
The person at the center of the crash is not always the only one legally responsible. Consider a commercial truck driver who makes a bad mistake on the road. A deeper look might show that their employer forced them to drive unsafe hours or completely skipped routine vehicle maintenance.
Other cases involve hidden factors like a defective car part or a dangerous property condition. An entirely separate business might have created the hazard that led to the loss.
Why does it matter if more than one person is liable?
Families often assume that identifying one responsible person ends the conversation. However, if another individual or a business also contributed to the accident, it could affect the wrongful death claim. Learning full circumstances can give families a clearer picture of their legal options instead of relying only on the first explanation of what happened.
Why the full story matters
Fatal accidents leave grieving families with a lot of uncertainty. While some cases do come down to one careless person, others involve a combination of decisions and unsafe conditions that contributed to the loss. Learning whether more than one party contributed to the accident can help families better understand the legal options available to them.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[Can poor lighting increase the risk of a fall?]]>https://www.edwardkle.com/?p=498092026-06-29T17:01:36Z2026-06-29T17:01:36ZHidden risks become more dangerous in poor lighting
Poor lighting does not always cause an accident on its own. Instead, it can make hazards hard to detect. Cracked sidewalks, damaged stairways, loose handrails, debris in walkways and other dangerous conditions may blend in with the surroundings when lighting is not sufficient.
This can be quite concerning in areas where people regularly walk. Property owners generally have a responsibility to maintain safe conditions for visitors and correct known hazards.
Serious injuries may follow
Infrastructure issues combined with poor lighting can lead to serious injuries that might need extensive medical treatment or rehabilitation. Some injuries that may happen include:
Fractures
Head injuries
Traumatic brain injuries
Neck and back injuries
Spinal cord injuries
In some cases, these injuries can affect a person’s ability to work, perform daily tasks and maintain the same quality of life as before the accident. There might be long-term challenges even after treatment and rehabilitation.
Documenting the circumstances of a fall
After a serious fall, a person might start questioning what caused the accident and if the accident could have been prevented. When an accident happens in a poorly lit area, it is important to document the scene and seek prompt medical care.
Conditions of the property can change very quickly after the accident. Lighting may get repaired, hazards may be removed and other evidence may become more difficult to preserve over time. Taking time to document the evidence of the accident can help create a clearer picture of the situation. An attorney can help review the available evidence and understand the legal options that can support a premises liability claim.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[How do medical liens affect your final injury settlement?]]>https://www.edwardkle.com/?p=498072026-06-25T15:39:52Z2026-06-25T15:39:52ZMedical liens on your injury recovery
A medical lien is a legal claim filed against your personal injury settlement. It allows a healthcare provider or insurer the right to recoup medical costs tied to your injury from your recovery.
These claims can originate from hospitals, physicians, ambulance services and government programs such as Medicare or Medicaid. Under state law, providers who treat you for a traumatic injury may file a lien with the county auditor. This secures their right to repayment from any award or verdict.
The state limits the combined total of all statutory medical provider reimbursements to a maximum of 25% of any payout from a single accident. This cap only covers statutory provider claims and does not restrict subrogation claims from private insurers or federal programs.
Payout reductions from multiple sources
When providers attach encumbrances to your case, they possess a right to repayment before you receive your share. Attorney fees, litigation costs and outstanding claims are deducted from your gross compensation amount, with the remainder going to you.
Multiple parties can assert rights of recovery against the same award at once. A hospital may hold a statutory claim, your private insurer may file a subrogation demand, and Medicare may seek reimbursement for payments it covered. All three draw from the same pool of funds.
Federal law adds further complexity when Medicare makes conditional payments on your behalf. You must reimburse those payments directly from your settlement. Failing to do so within 60 days can trigger interest charges and federal enforcement actions.
Available dispute options
An attorney can help you review whether a provider's lien meets Washington's filing requirements before you accept it at face value. A provider must file the lien with the county auditor and disclose its use as part of its billing practices. If the provider did not satisfy either requirement, you may have grounds to challenge the lien.
Negotiating the lien amount is another approach open to you. Providers and insurers often accept a reduced payment when the total settlement falls short of covering all outstanding claims.
There is also the "made whole" doctrine. This prevents an insurer from pursuing subrogation until you have received full compensation. The common fund doctrine offers a similar protection, requiring an insurer to contribute toward the attorney fees and costs that produced the recovery.
For Medicare conditional payments, you can dispute specific charges through the Benefits Coordination and Recovery Center by identifying items unrelated to your injury. You may also seek a compromise or waiver to lower the reimbursement amount.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[What are the common causes of brain injuries?]]>https://www.edwardkle.com/?p=498032026-06-17T14:08:16Z2026-06-17T14:08:16ZTraumatic injuries can happen almost anywhere
The cognitive and physical impact from TBI can affect the daily life, family dynamics and personal relationships of a survivor. It might result in career changes, reduced work hours and even early retirement. Therefore, it is important to understand the causes in order to prevent and navigate these situations. Some of the possible causes of TBIs can include:
Sports: Participation in contact sports like football, hockey, boxing or rugby could increase the risk of head injury or concussions, as they could have repeated impact to the head.
Motor vehicle collisions: Car, truck, motorcycle or bicycle crashes could result in head injuries when the individual strikes their head due to sudden impact.
Falls: Slipping on wet surfaces, falling from heights or stumbling on uneven floors could lead to TBI with long-term consequences.
Violence and assault: Trauma to the head resulting from assault, act of violence or other intentional acts can cause serious brain injuries.
The severity of the condition depends on the nature and impact of the injury. For many survivors, the extent of the damage might include challenges in motor functions, paralysis or spasticity. Vision changes and other sensory difficulties could also happen in many cases.
Rebuilding life after TBI
Recovery from TBI could be a long and challenging journey. If the TBI resulted from another party’s negligence, the survivor might be entitled to seek fair compensation that could help protect their long-term recovery. With care from loved ones and proper guidance from a legal professional, the affected individual could confidently move forward with their recovery.]]>On Behalf of Le & Kittleson, Personal Injury Attorneys<![CDATA[What if the insurer blames you for your brain injury?]]>https://www.edwardkle.com/?p=497992026-06-03T13:05:44Z2026-06-03T13:05:44ZHow shared fault affects a Washington brain injury claim
The state follows a pure comparative negligence rule, which means you may still recover compensation despite sharing responsibility. Still, your assigned percentage of blame reduces the recovery.
For example, if a jury finds that you were 30 percent responsible for the accident, your total damages would be reduced by 30 percent. This rule may matter when an insurer argues that you were distracted, ignored a hazard or failed to use protective gear.
Fault arguments can come up after car crashes, falls, bicycle accidents and other serious incidents. Ultimately, the case may turn on whether the evidence supports the insurer’s version of events or the facts of the incident.
What helps challenge the insurer’s version of events
Clear records help show how the harm occurred and how it changed your life. Helpful evidence may include:
Medical records, imaging results and follow-up evaluations
Police reports and accident scene photos
Witness statements describing what happened
Video from nearby businesses, dashcams or traffic cameras
Notes about changes in memory, mood, work, sleep or daily routines
These details also help address claims that your symptoms stem from a preexisting condition or another cause.
It is also wise to be careful with social media while the claim is open. Photos, posts or comments may be taken out of context and used to question the seriousness of your condition.
Protect the record before fault questions grow
An insurer’s attempt to shift blame does not erase the seriousness of a traumatic brain injury case. By preserving evidence and documenting daily changes early on, you can present a clearer picture of the facts and what your recovery truly requires.]]>