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Secrets from a Former Insurance Defense Attorney

  • Adler Giersch Staff

    •

    Many people that suffer from a traumatic brain injury (TBI) experience a constant ringing in the ears known as tinnitus. Of course, you don’t need a TBI to experience this extremely unpleasant and constant sound of high-frequency pitches in your ear that don’t seem to go away – just go to any concert without hearing protection. You’ll likely end up with tinnitus for a little while afterwards. That’s why tinnitus has commonly been known throughout the years as “concert ear”. But for individuals who’ve suffered a TBI, tinnitus can sometimes last for years. It can become a regular part of their everyday life. Some estimates put the number of people dealing with persistent tinnitus at 500 million worldwide.

    Despite this relatively common side effect of trauma to the head, there’s no permanent solution for those people suffering from chronic tinnitus. Some people resort to using speakers or headphones to help “mask” the sound of their own tinnitus by playing sounds produced by special machines or apps on their phone. However, a new study might help address this problem by identifying the possible cause behind tinnitus: neuro-inflammation in the auditory pathways in your ears.[1]

    In this case, “neuro-inflammation” is the response that a person’s brain and central nervous system has when the person is injured. For example, when someone’s hearing system is damaged, inflammation can occur – similar to when someone hurts other parts of their body, like their finger. The same can be true when it comes to brain damage. In the case of ears or brains trying to recover from damage, the body’s primary immune cells (known as “microglia”) get activated. When these cells stay active and don’t turn off – as in the case of tinnitus, where the brain keeps getting signals from the ears even if there’s no sound – these cells also cause proteins to be released which make things even worse. One such protein is “TNF”. Researchers have found TNF to be the protein that triggers tinnitus, at least in lab mice. If the gene that causes the production of TNF is shut off, or repressed with medications, tinnitus disappears, again, at least in lab mice.

    In the end, if researchers can find a way to genetically control the presence of TNF, or, use anti-inflammatory medications to reduce the presence of TNF, it could provide a way to reduce or eliminate tinnitus. Let’s hope so. We see too many clients suffering from tinnitus in our line of work, and there’s often very little that can be done to help them improve significantly over time.

    [1] https://bigthink.com/surprising-science/cure-tinnitus-treatment

  • Arthur D. Leritz

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    Dealing with injuries as a result of trauma can be incredibly stressful.  All of a sudden there are doctor appointments, insurance adjusters calling and sending you paperwork, you may be out of work, and alongside all of that is that little voice in your head saying “call an attorney.”  So, how do you make a good choice?  The right attorney will make a significant difference in the outcome of your case—but the wrong one will cost you time, money, and peace of mind. Here are some red flags to watch out for when hiring a personal injury lawyer.

    1. Lack of Specialization in Personal Injury Law

    Not all lawyers are created equal. Some attorneys claim they can handle any type of case, but personal injury law is complex and often requires specific expertise and a very good understanding of the medicine involved. If a lawyer doesn’t focus primarily or exclusively on personal injury cases, they may not have the knowledge or resources to handle yours effectively. You do not want to hire your cousin who handles real estate law, or even worse, your friend who practices “door law” – whatever comes in the door. If the attorney has a large list of practice areas on their website and practices everything from Animal Law to Victims Rights, that is a red flag.

    2. Lack of Communication or Accessibility

    You need an attorney who will keep you informed and respond to your questions, ideally within a few hours or less from when you make contact.  You should never have to wait more than 24 hours to hear back from  your attorney or the paralegal on your case. Poor communication early in the relationship is a warning sign of potential issues down the line.  If you have difficulty reaching the attorney or their staff, or they fail to provide timely updates on your case, that’s a red flag.

    3. Unclear or Vague Fee Structures

    Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win. But the percentage of your settlement that pays your legal fees is not always the same. Some attorneys may include hidden fees or unclear terms in their agreements. Always request a written fee agreement and make sure you understand how the fees and expenses will be handled.  If the lawyer avoids discussing fees or pressures you to sign a fee agreement without fully explaining it, that’s a red flag.

    4. Your case is worth a fortune!

    While it’s natural to want a good outcome, no attorney can guarantee specific results or tell you what your case is worth after a 30-minute consultation. In fact, no attorney competent in a specific area of law can tell you what your case is worth without a lot more detail and preparing a solid case after months of work and research.  Be cautious of attorneys who promise a big settlement or a fast resolution without first really reviewing the details of your case.  If an attorney tells you what your case is worth after a 30-minute call, they just want the fee from your case, and are not focused on your best interests.  This is a big red flag.

    5. Pushy or Aggressive Sales Tactics

    A reputable attorney should give you space to make an informed decision and give you time to discuss with family, come back with questions, have another consultation, etc. If you feel pressured into signing a contract or committing to representation on the spot, that’s a red flag.

    6. Poor Online Reviews or Disciplinary History

    Before hiring an attorney, take time to research their professional background. Online reviews, testimonials, and disciplinary records can provide insights into how they treat clients and conduct themselves professionally.  If the attorney has consistent complaints about communication, fees, or ethics—or a history of disciplinary action from the state bar, that’s a red flag for sure.  In fact, that should automatically be an eliminating factor when searching for an attorney. You can search for the attorney by name through the Washington State Bar.

    7. Delegating Too Much to Non-Attorneys

    While it’s common for paralegals and support staff to assist, your case should always be supervised and managed by the same qualified attorney you initially talk to at their office, and the attorney should be at the initial retainer meeting and handling all aspects of your case. If it seems like you’re only dealing with staff and never the actual lawyer, or the lawyer changes every few months, that’s a red flag.

    8. Unwillingness to Go to Trial

    Some lawyers have a reputation amongst colleagues – and the insurance companies – that they are “settlement attorneys” as they never go to trial due to fear and/or lack of experience in the court room.  It could also be that that don’t want to invest the time and resources, or have too many cases to focus on yours.  While settlements are common, your attorney should be ready and willing to go to court if it serves your best interest, and should develop your case and your story as if the case is going to trial, even if it settles.  If the attorney you are interviewing has never been to trial, or brags that 100% of the cases they handle settle, that’s a red flag.

    9. The attorneys who are on TV, radio, billboards, etc.

    There are some attorneys who have adopted a mass-marketing approach to attract clients and spend a lot of money telling you through media that they are the best, will fight the hardest, etc.  In reality, attorneys who advertise on these platforms more often than not are focused on high volume to make as much money as possible, and taking care of you is not usually the top priority.  If you are looking at hiring an attorney that does extensive advertising, your “red flag” alert system should be going off and you should be asking them about everything outlined above. 

    10.  Not every claim needs an attorney.

    It may sound strange for an attorney to tell you “don’t hire me,” but not all cases need an attorney to have a successful resolution.  If your injuries resolve quickly and do not require prolonged treatment, you may not need an attorney – but consulting with one is always a great idea to get your questions answered, find out your rights, and get an honest evaluation of the pros and cons of your claim from an experienced attorney.  If the attorney tells you “no case is too small” or “every case has to have an attorney,” they are not being honest with you and that is a huge red flag. 

    Conclusion:

    Choosing the right personal injury attorney requires careful consideration and can be a difficult decision.  Take your time to fully interview and evaluate the attorney. Trust your instincts, ask questions, and do your research. A qualified and ethical lawyer will not only have the right experience but will treat you with honesty, transparency, and respect throughout the legal process and will not pressure you to sign an agreement with them immediately.  Be sure to visit our FAQ page for more guidance and direction.

  • Melissa D. Carter

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    Approximately 5 million Americans are living with a brain injury-related disability.  Traumatic brain injury (TBI) patients usually have long-term care needs, such as rehabilitation, neurological care, vocational needs, psychological needs and community-based service care.  Many individuals who experience a TBI remain disabled after 5 years.

    In a victory for the brain injury community, the Centers for Medicare and Medicaid Services (CMS) officially recognized traumatic brain injury (TBI) as a chronic health condition in 2024, marking a significant milestone for brain injury survivors and caregivers.  This designation took effect in January 2025, when TBI became included in the list of chronic conditions covered by Chronic Special Needs Plans (C-SNPs) under the Medicare Advantage program.

    The inclusion of TBI as a “chronic condition” was included in a final rule published by CMS in the June 2024 Federal Register.  

    What does this mean for TBI survivors? First, this represents a significant step forward, providing validation that brain injury should be more broadly recognized as a chronic condition.

    The decision also acknowledges the lifelong impacts of TBI, including ongoing medical needs and limitations in daily activities. The new designation is expected to improve access to care, increase public awareness, and extend insurance benefits for Americans living with brain injury-related disabilities.

    Scientific Evidence: A 21-Year Study

    One prominent study supporting this position, authored by Harvard professor and Brigham & Women’s neurologist Saef Izzy, MD and published in JAMA Network Open , suggested that TBI is not just an acute injury, but a chronic disease and impacts far more than just the brain.  Dr. Izzy’s study found a remarkable increase in incidences of cardiovascular, endocrine, neurological and psychiatric complications in TBI patients compared to patients without a TBI. The conditions with an increased risk due to TBI included diabetes, coronary artery disease, hyperlipidemia, obesity, dementia, psychotic disorders, anxiety disorders, stroke, hypertension and seizure disorders.

    In an interview discussing his findings, Dr. Izzy observed that “we are finding that TBI is not just an acute injury, but a chronic disease and multisystem condition that affects far more than just the brain. Comorbidities linked to TBI can complicate the course of recovery, increase mortality and add to overall healthcare costs.”

    CMS’ recent inclusion of TBI in C-SNPs will provide enhanced health insurance coverage, including coordinated care among multiple specialists, reduced cost-sharing for services, and additional benefits like transportation and over-the-counter items. This change aligns with broader efforts to treat brain injuries as dynamic conditions requiring long-term management rather than single traumatic events.

    If you have been injured, it can be world-changing to consult with an attorney who is well-versed in traumatic brain injury. The best TBI attorneys know that medical knowledge can make a difference in the outcome of a case, which is why we spend many hours collaborating with expert physicians from UW Medicine, Harborview, Virginia Mason, and much more. The attorneys at Adler Giersch are happy to help-just call 206.682.0300 to schedule a free and confidential consultation.

    Community Resources

    Brain Northwest (formerly Brain Injury Alliance of Washington) is a nonprofit organization dedicated to increasing public awareness, support, and providing hope for those affected by brain injury.

    TBI Book

    Adler Giersch is thrilled to offer this free book, Understanding Traumatic Brain Injury, A Guide for Survivors and Families as a resource for those recovering from brain trauma, their families, caregivers, and health care professionals.

    This book is a heartfelt effort by founding attorney, Richard H. Adler. This book includes critical input from client champions and the TBI community.

    Real People. Real Stories. Real TBI Clients.

  • Steven J. Angles

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    AI can Help With Insurance Compensation

    Provider and Patient-Focused AI Pushes Back Against Insurance Companies

    Whether you’re a patient in need of healthcare services and insurance compensation, or you work in a healthcare setting, you’ve already learned that both auto insurance and health insurance companies in the United States are relying more and more on artificial intelligence (AI) and cost-saving computer programs in order to limit or deny insurance payments for healthcare services. If an insurance company receives a claim for payment that does not meet its reimbursement guidelines, it will deny payment, leaving patients without insurance compensation, stuck paying out of pocket for costly but necessary healthcare services.

    Both patients and providers can engage in a complex appeals process when insurance claims are partially paid or denied outright, but the time and cost for doing so understandably adds an extra layer of frustration, confusion, time and expense – all with an uncertain outcome.

    Fortunately for patients and healthcare providers, the power of artificial intelligence is now being leveraged in favor of healthcare providers and patients when insurance claims meet resistance. Waystar, a healthcare payment corporation that seeks to modernize healthcare payment systems to catch up with rapidly evolving clinical practices and technologies, recently announced the launch of its new “Altitude AI”.[1] This generative AI[2] is now being used by hospitals to combat insurance payment denials, and it could soon be available to other healthcare providers. This modernization will help patients receive insurance compensation from claims such as a collision claim, car insurance claim, or personal injury claim.

    With hospitals and other healthcare systems spending a reported $20 billion per year[3] just to push back against denied insurance claims, Altitude AI helps users by automatically creating detailed appeals letters when claims are denied, saving both hospitals, their staff, and patients time, stress, and dollars in the process – at least those are the intended goals. Doing so can keep healthcare providers performing their highest and best uses – caring for patients, while triaging and challenging denials in a paperless format.

    Waystar’s list of features and benefits for its AI includes[4]:

    • Reporting on root causes to help prevent medical billing denials
    • AI + predictive analytics to prioritize the denials most likely to be overturned and paid
    • Automated appeal generation and submission[5]

    However, with an estimated 450 million health insurance related claims denied annually, intelligent software such as Altitude AI can start to level the playing field for providers, their employees, and their patients. Those of us in the legal profession who advocate on behalf of injured patients are encouraged by these developments. We see firsthand how the betrayals by a client’s own insurance company can negatively affect that client’s ability to focus on the healing process after an injury.

    While Washington State has powerful laws in place to protect insureds from being victimized by their insurance companies, not all of these laws apply to healthcare insurers, leaving room for emerging technologies such as AI to help with denials of insurance benefits. One important consideration to keep an eye on will be whether the cost of such technologies outweighs the expected benefits. Waystar believes so, as it reports that 63% of insurance denials are recoverable in some form.

    We will continue to monitor and report on developments in this rapidly evolving field.

    Do you have questions about the ins and outs of auto insurance and insurance compensation? Take a look at this past article that answers commonly asked questions about collision insurance, car insurance, PIP coverage, and more. Also, be sure to grab a copy of one of our free books that can further illuminate important insurance, legal, and medical topics.

    [1] Healthcare Revenue Cycle Management Solutions | Waystar

    [2] According to IBM, Generative AI, sometimes called gen AI, is artificial intelligence (AI) that can create original content—such as text, images, video, audio or software code—in response to a user’s prompt or request.

    [3] Health AI: New tool will help fight health insurance denials

    [4] Claim Denial Prevention + Recovery | Fixing Medical Billing Denials

    [5] Legal disclaimer time: we do not represent nor endorse Waystar.

  • lobier

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    Car Accident and Traumatic Brain Injury Attorney

    Seattle is a vibrant city situated on Puget Sound in the Pacific Northwest that is surrounded by water, mountains, forests, and thousands of acres of parkland. One of the many reasons that Seattle is a place for innovation and opportunity, is the long list of globally recognized companies that have established their headquarters here. Living amongst their employees and leaders, the movers and shakers of the world’s economy, lends to a welcoming and positive culture in Seattle. A few of these companies are: Amazon, Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Nordstrom, REI, Alaska Airlines, The Bill & Melinda Gates Foundation. Check out the Seattle Chamber of Commerce to get plugged in. There are many more thriving businesses, including a close neighbor of The Bill & Melinda Gates Foundation, Adler Giersch personal injury attorneys.

    For forty years, the attorneys at Adler Giersch have been representing clients involved in traumatic brain injuries, car accidents, Uber accidents, bicycle accidents, neck and back injuries, medical malpractice, and much more. Whether you’ve been through a motor vehicle crash, a serious accident, or the loss of someone you love, life afterwards can be extremely difficult, stressful and overwhelming. On top of the demands and responsibilities you may have as an employee, a parent, a partner; insurance companies will keep calling, bills begin flooding in, and suddenly you have an overwhelming number of medical appointments. How do you handle it all while also trying to allow your body and mind time to heal?

    With compassionate counsel and tough advocacy, your Seattle personal injury attorney will remove your stress by handling your insurance claims and issues. Our job, and our specialty, is to ease the process of dealing with insurance (your own auto and health insurance, as well as the at-fault party’s insurers) so you can focus on healing and recovery.

    Recovery takes time and care

    Recovering from a personal injury trauma isn’t always a quick or definitive process. Your body needs time and treatment to heal. Depending on what happened, your injuries may be severe, lasting, and life-altering. As longtime supporters of University of Washington Medicine, Harborview Medical Center, Virginia Mason, Washington State Chiropractors Association, and the Brain Injury Alliance of Washington, we have personal connections with an array of healthcare providers and support systems who we trust and depend on to provide you with the best medical care possible. We will gladly give you a recommendation to one of the best healthcare providers in the state of Washington.

    Seattle Office

    333 Taylor Avenue North

    Seattle, WA 98109

    (206) 382-0300

    lobier@adlergiersch.com

    Did you know that we have written four books that break down legal, medical, and insurance concepts? Topics include: Traumatic Brain Injury, Concepts & Terms, Personal Injury Claims, and much more. Grab your free copy today!

  • lobier

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    Issaquah Personal Injury Law Firm

    Do you live in North Bend, Sammamish, Snoqualmie, or Issaquah? Do you travel over Snoqualmie Pass and enjoy Cascade Mountain views? If so, you are in luck because Adler Giersch has a newly renovated office in the heart of Issaquah, WA with top-rated Issaquah attorneys. According to DowntownIssaquah.com, “The city was officially incorporated on April 29, 1892. Initially a small mining town, this town has changed noticeably both in its appearance and economic focus. Issaquah was originally developed to service the mining industry on nearby Tiger Mountain, and began as the town of Gilman, Washington.” In Issaquah, you’ll find a charming community surrounded by breathtaking mountainous views. Activities abound: hiking, spotting the Troll, paragliding off Poo Poo Point, Salmon Days Festival and Parade, watching salmon jump at The Issaquah Hatchery, grabbing a cup of influencer-worthy coffee at Issaquah Coffee Company, or catching an award-winning performance at The Village Theatre. There is so much to do and to experience and we don’t want a personal injury to hinder that for you.

    The Issaquah personal injury attorneys at Adler Giersch are accessible and want nothing more than to help you reclaim your life after a personal injury. Adler Giersch specializes in traumatic brain injury, spinal injury, car accidents, bike accidents, pedestrian accidents, and more. Having spent many years on “the other side” of personal injury law working for large insurance companies, the attorneys at Adler Giersch know best how to fiercely advocate for you throughout your insurance claim. In addition to our legal expertise, we are also proud of the increasing number of healthcare colleagues we have nurtured across the state of Washington. Our attorneys can recommend the best healthcare provider for your particular injuries.

    Contact us for a free consultation so you can focus on healing and let us focus on the rest.

    Don’t forget to grab a free copy of one of our books here. We have several to choose from: medical terms, legal terms, Traumatic Brain Injury, personal injury claims.

    Adler Giersch Issaquah, WA

     Address: 250 E Sunset Way, Issaquah, WA 98027

    Phone Number: (425) 643-0700

    Email: aleritz@adlergiersch.com

    Hours: 8:30 AM – 5 PM M-F, or By Appointment

    Personal Injury Attorney Issaquah WA

  • Arthur D. Leritz

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    Advice from a personal injury attorney for cyclists and drivers alike

    Cycling is a popular mode of transportation in Washington, with its numerous trails, dedicated bike lanes, and stunning views. However, ensuring safety while riding is paramount, whether you’re commuting to work in Seattle, cycling through a park, or enjoying a ride on the Burke-Gilman Trail. The attorneys at Adler Giersch have extensive experience working with clients involved in bicycle accidents, sometimes being known as a bicycle accident lawyer. We advocate for the safety of our community and want to impart the following knowledge. Please share!

    According to the Washington Traffic Safety Commission, there are about 1,400 bicycle-related collisions annually in the state, many resulting in serious injuries or fatalities.   According to the Washington State Department of Transportation, if a driver hits a pedestrian or bicyclist at 20 mph or less, there is an estimated 95% survival rate; at 30 mph, a pedestrian has only a 5 percent chance of walking away without injury and the death rate jumps to 45%.  Implementing safe cycling habits and understanding the laws can significantly reduce these risks. Follow along with bicycle accident lawyer, Arthur Leritz, as he describes the best ways to avoid personal injury accidents.

    Essential Bicycle Safety Tips:

    1. Wear a Helmet

    Washington does not have a statewide helmet law, but many cities and counties require helmets for cyclists of all ages. Wearing a helmet can reduce the risk of head injury by up to 85%. Even if you’re riding in areas without mandatory helmet laws, it’s always best to wear one. To learn more about traumatic brain injury, order a free copy of our book.

    2. Be Visible

    Many bicycle accidents occur because drivers fail to see cyclists. Follow these guidelines to enhance visibility:

    • Use Lights: Washington law requires cyclists to use a white front light and a red rear reflector or light when riding after dark.
    • Wear Bright or Reflective Clothing: During the day, bright colors like neon yellow, orange, or green can make you more noticeable. At night, reflective gear is essential.
    • Use Reflectors: Attach reflectors to your pedals, wheels, and frame. Never remove these devices from your bicycle.
    • No headphones:  never wear headphones or ear buds when riding.  They will limit your ability to hear traffic around you which could limit your reaction time.

    3. Follow the Rules of the Road

    Under Washington law, bicycles are legally considered vehicles. Cyclists in Washington are required to follow the same rules as motor vehicles. This means:

    • Obey Traffic Signals: Stop at red lights, stop signs, and dedicated bicycle traffic signals now present at many local intersections.
    • Ride with the Flow of Traffic: Always ride in the same direction as traffic, never against it.
    • Use Hand Signals: Signal your turns and stops to communicate your intentions with motorists.
    • Yield to Pedestrians: Always yield to pedestrians in crosswalks and sidewalks.

    4. Stay in Bike Lanes (Where Available)

    Many cities in Washington, including the metropolitan areas of Seattle, Tacoma, and Spokane, have dedicated bike lanes. These lanes are designed to give cyclists their own space on the road, reducing the risk of collisions with cars. Always use bike lanes when they are available and stay as far right as possible if there are no designated lanes.

    5. Watch for Hazards

    Road debris, potholes, or uneven surfaces can be dangerous for cyclists. Scan the road ahead for potential obstacles and be prepared to navigate around them safely. Additionally, be cautious of parked cars to avoid being “doored” by someone opening a car door into the bike lane.

    6. Ride Defensively

    • Assume that drivers do not see you, especially at intersections or during turns.
    • Be extra cautious when riding near large vehicles like trucks or buses, which may have blind spots.
    • Keep a safe distance from vehicles and avoid weaving in and out of traffic.

    7.  Maintenance and repairs

    Keeping your bike in good repair is essential to bicycle safety.  Like a motor vehicle, a bicycle should have regular maintenance. Brakes and tires should be checked regularly.  All moving parts should be inspected for wear and lubricated appropriately.  If you do not feel comfortable doing maintenance or repairs yourself, your local bicycle shop should be able to handle the task for you.

    Washington’s Bicycle Laws You Need to Know:

    Washington has other specific laws to protect cyclists from bicycle accidents and to ensure safety on the road. Here are a few key regulations:

    1.  Safe Passing Law

    Motorists are required to give cyclists at least three feet of clearance when passing. However, this distance may need to be greater depending on road conditions, speed, time of day, and the type of vehicle.  Always pass on the left side and not the right. 

    2. Two Cycles Side by Side

    Cyclists are allowed to ride side-by-side in Washington, but no more than two cyclists can ride side by side in a single lane. Additionally, if the road is narrow or heavily trafficked, cyclists should ride single file to avoid obstructing traffic.

    3. Sidewalk Riding

    In Washington, cyclists can ride on sidewalks unless it’s prohibited by local law. Seattle, for example, allows cyclists to ride on the sidewalk as long as they yield to pedestrians and travel at a reasonable speed.

    4. No Texting or Phone Use

    Just like drivers, cyclists are prohibited from texting or using handheld devices while riding. Distracted cycling can be just as dangerous as distracted driving and the cause of bicycle accidents.

    By following the state’s bicycle laws, wearing appropriate gear, and staying alert, cyclists can help prevent collisions and enjoy a safer ride. Motorists also play a key role in keeping roads safe for everyone. Together, we can make Washington’s roads a safer place for cyclists and drivers alike.  If you or someone you know has been injured in a bicycle accident, a bicycle accident attorney at Adler Giersch can help you. Contact us for a free consultation to discuss when to hire an attorney.

  • Elisabeth K. Ruff

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    Arbitration Agreements are Getting Out of Hand

    There are many services we sign up for today that include multiple pages of user agreements that we breeze through. The catch is that while many of these companies offer a wide range of services, such as Uber and Disney+, when you sign a user agreement for just one of their services, you may be bound to unfair terms when using any of their services. The danger in the fine print can leave you unprotected. Read more for the latest news stories and examples.

    You may have seen this recent headline: a doctor went to eat at a Disney restaurant, informed the restaurant in advance that there was a certain food she was deathly allergic to, was still served this food, and she died as a result of the restaurant’s negligence. But when her husband tried to hold Disney accountable in court, the company moved to dismiss the lawsuit—on the basis that the victim’s husband had signed up for a Disney+ account and had agreed to bring any claims against the company via arbitration, rather than in court. [1]

    Or maybe you’ve heard about the couple who were severely injured when an Uber driver crashed the car. Uber argued—successfully—that since the couple’s 12-year-old daughter agreed to Uber’s service agreement when ordering pizza on her parent’s account the parents had waived their right to a trial by jury and consented to the arbitration. [2] The New Jersey Court of Appeals recently affirmed that the arbitration agreement was “valid and enforceable” and denied the couple their day in court.

    Our office flagged the emerging trend of forcing people into arbitration in 2016 [3], but since then, the movement towards forced arbitration has only accelerated, driven in part by the expansion of electronic service agreements that come with making purchases through mobile applications like Uber and Disney+. For example, if a person walks into a fast-food restaurant to order food and slips on water left on the floor, they would have a right to bring their case in court. But, if the same person had ordered through a mobile application and had agreed to terms of service that include an arbitration agreement, they may be forced into arbitration.

    Uber’s standard terms include the following when you sign up to use their services:

    “By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Uber on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and Uber are opting for a private dispute resolution procedure where you agree to accept the arbitrator’s decision as final instead of going to court. You and Uber are each waiving your right to a jury trial.”

    Despite the significant rights people give up with this clause, there is no way to opt out and still use their services.

    Why do companies prefer arbitration? One of the big advantages is privacy. Arbitration proceedings aren’t public, and there is no public record of the company’s wrong-doing. Additionally, injured parties are forced to present their claim in front of a single arbitrator, who is paid by the company that they are bringing suit against. The company will often also select the laws that will be applied (which may be different than the laws of the state where the person was injured) and the location of the arbitration (which may also be different than the state where the person was injured). Essentially, arbitration can significantly stack the odds in favor of a company that has negligently hurt someone. Companies will argue that arbitration is fairer, faster, and cheaper than going to court. While it may be faster and cheaper, its fairness is another matter altogether.

    If a claim is wrongly denied, options for review are often limited or non-existent, and this is the case even where the arbitrator incorrectly applied the law or refused to acknowledge the facts. The injured party is typically even required to assist with the cost of the arbitration with the company or the insurer. The arbitration agreements also typically limit the options to be part of a class-action lawsuit, meaning that people with smaller, similar claims cannot consolidate their actions as a part of a broader lawsuit. This makes it prohibitively expensive for many small claims to see justice.

    Faced with public outcry, Disney changed its position. But big corporations are unlikely to be deterred from this unless more significant action is taken to limit the scope of the arbitration clauses being snuck into everyday purchases. We encourage you to re-read your user agreements, including Uber and Disney+.

    What can you do? First, you can look up whether a company forces consumers to go to arbitration. This can be found by looking at the language on some of the products companies sell, or under the “terms and conditions” portions of their websites or apps. You can decide not to do business with companies that force arbitration. Second, some companies allow customers to opt out of arbitration within a certain period of time. Third, you can publicly use your voice through options such as the company’s social media outlets and force corporations to respond to your concerns.

    If you have been injured, the presence of these arbitration agreements are yet another reason it is crucial to consult with an attorney. The attorneys at Adler Giersch are happy to help-just call 206.682.0300 to schedule a free, confidential, consultation.

    [1] https://hls.harvard.edu/today/does-signing-up-for-disney-mean-you-can-never-sue-the-walt-disney-company/#:~:text=Its%20reasoning%3F,in%20arbitration%20%E2%80%93%20not%20a%20courtroom.

    [2] https://www.nytimes.com/2024/10/04/nyregion/uber-eats-car-crash-injury-nj.html

    [3] Forced Arbitration and the Vanishing Right to Jury Trial

  • lobier

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  • Steven J. Angles

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    Couple looking at insurance rate hikes

    Almost everyone in the state of Washington pays for insurance in one form or another. Whether it is auto insurance or home insurance, we have all experienced significant insurance rate hikes in 2024, yet we have not always been given clarity by insurers as to the reasons for these increases. That will now change starting June 1, 2024, with a law introduced by the Washington Office of the Insurance Commissioner (OIC) that requires insurance companies to give specific reasons why premiums have increased.

    WAC 284-30A-020: explains the new law, and the requirements for both insurance customers and companies. Not surprisingly, it is important to read the “fine print” to have a better understanding of how the law works. Here are the highlights:

    • The law applies to insurance policies renewed on or after June 1, 2024;
    • The law covers personal auto, homeowner’s, and renter’s insurance;
    • The law does not apply to insurance covering boats, motorcycles, off-road vehicles, antique or “collector” vehicles, or other “specialty” vehicles;
    • Health, disability, life, umbrella, and long-term care insurance are also not included under this law;
    • Only policy renewals are included, not the purchase of a new policy;
    • If an insured person (not an insurance company) makes changes to their policy’s coverages or premiums, the law does not apply.

    From June 1, 2024 through June 1, 2027, anyone wanting an explanation for an increase in their premiums will have to make a formal request to their insurance company, and give the insurer 20 days to respond. After June 1, 2027, insurers must automatically provide the information to customers at least 20 days before a policy renewal if the increase is over 10%.

    While the new law is a step in the right direction to reduce insurance rate hikes, and a win for consumers, insurers do not have to disclose everything. For example, if a company uses credit-based scoring to determine what it charges customers, or, uses “insurance company trade secrets,” the company does not have to provide an explanation. One such confidential method is the “usage-based insurance” model, where, for example, driver’s vehicles are monitored for their driving habits, and rates are set according to how safely a person drives. This information can remain undisclosed. Lastly, the law does not specify any penalties if insurers do not comply with the request, though customers are encouraged to file a complaint online with the OIC.

    Finally, new law aside, it is worth a reminder that if someone uses their own auto insurance benefits to pay for damages to their vehicle or their health after a motor vehicle collision that they did not cause, insurers in Washington state are forbidden from increasing premiums in retaliation. This is a common concern among my clients who must use their own benefits because the at-fault person was either uninsured, or was insufficiently insured.

    We will continue to closely monitor these and other changes in Washington’s insurance legal landscape, and provide updates.

  • Adler Giersch Staff

    •

    “What is the value of my case?”

    That’s a question that every personal injury attorney has to answer for their client. As a trial attorney, I get asked that question regularly by clients and potential clients. It’s a very fair question, since our civil justice system can only provide financial compensation to resolve injury cases.

    Finding out the value of a personal injury case isn’t like looking at the price of an item on Amazon. Using an “injury value calculator” on a random website is click bait, and not useful. Predicting the outcome of a case based on what a friend or relative’s case resolved for is equally unhelpful.

    A case’s value ultimately comes down to only one question: What is a jury most likely to award, in the county where the case will be heard?  And yes, this question is equally important for cases that settle out of court. Both injured folks (the plaintiffs) and insurance companies defending the at-fault party (the defendant) must always consider that a case may end up being tried before a jury if a settlement can’t be reached. That’s why this one question is the ultimate indicator of case’s value.

    It’s not a quick or simple question to answer most of the time. There are many, many factors that affect what a jury may award. Here are only a few:

    • The type and severity of the injuries;
    • How consistently health care appointments were attended;
    • The injured person’s medical history;
    • Whether the injured person was somehow at fault for their injuries;
    • The attorney’s experience level;
    • The attorney’s willingness to fight the case in court if necessary;
    • The attorney’s reputation among insurance companies;
    • Whether the county where the case may be heard is more conservative or less conservative;
    • Whether the case settles vs. going to court

    In short, be very skeptical of an attorney who promises to give the value of a case based on a single phone call, or even a short consultation, regardless of what the television commercials might promise. That’s like knowing how a book ends by only reading the cover. The information given is a guess, and probably not an informed guess. The potential client may be speaking with a law firm that handles a large volume of cases, and quickly places a value on a case in order to be able to move on to the next one. If an attorney incorrectly evaluates a case, an injured person may not be awarded enough in a settlement to cover 100% of their medical expenses, time off of work, or future care needs.

    Only an experienced trial attorney that has taken the time to fully investigate the evidence in a case can anticipate what a jury in a particular county is likely to do, and that takes time. Even then, many attorneys view case value as a range rather than one number, with a high end, reflecting a “best case scenario”, and a low end, with some room in between.

    Feel free to use the information above when consulting with an attorney. Do your homework. We welcome these types of questions at our law firm, and any firm that focuses on handling serious injury cases should do the same. If not, that’s a red flag.

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