Andy began his legal career as a prosecutor and
initially handled only criminal cases. Since leaving government work in
1983, he has handled personal injury cases almost exclusively – first as
a defense lawyer, and as a plaintiff’s lawyer since 1993.
The phrase “personal injury” is broad and encompasses claims for both
physical and emotional injuries, and also claims arising from either
intentional or negligent conduct. Examples of physical injuries include
the obvious like broken bones, scars, or the loss of a limb, and the
not-so-obvious like a shortened life expectancy or a progressive
condition that will occur in the future (e.g., traumatically induced
arthritis). Emotional injury can take many forms, including depression,
the loss of a loved one, or the loss of an occupation.
Generally, two types of damages are recoverable in a personal injury
case: economic and non-economic. The first category includes
out-of-pocket expenses like medical bills or costs of repairs (if the
claim also involves damage to property), or other financial consequences
like lost income or an impaired earning capacity. These are sometimes
referred to as “special damages.” The second category consists of more
subjective damages that cannot be readily measured by the amount of a
bill or by consulting some reference book. Examples include compensation
for pain and suffering (whether physical or emotional) or the loss of a
parent or child. These are sometimes referred to as “general damages.”
The nature and amount of recoverable damages will vary from case to
case. Relevant factors include the type of personal injury claim, the
age of the claimant, the severity of the injuries, and the extent to
which the claimant recovers from his or her injuries. If a given injury
or condition is permanent, then damages for future losses, whether
economic or non-economic, also may be recoverable.
The evaluation of personal injury claims by no means is a science. Put
differently, there is no such thing as a Kelly Blue Book for personal
injury claims. Evaluating such claims requires a proper mix of
experience, knowledge of the relevant facts and law, sound analytical
skills, common sense, and yes, maybe some educated guesswork now and
then.
With the above in mind, here is a description of Andy’s major practice
areas:
Motor vehicle accidents
Though no two motor vehicle accidents are alike, they commonly cause
injuries to pedestrians, bicyclists, motorcyclists, drivers, or
passengers. Andy has extensive experience handling claims arising from
all sorts of collisions, and represents clients who suffer fractures,
head trauma, herniated discs, and other significant injuries requiring
hospitalization and/or surgery. Andy recently obtained a settlement
exceeding $500,000 for clients who were seriously hurt in a crash
involving a common carrier that was transporting them home from a nearby
casino.
Construction site accidents
The construction industry, by its very nature, is fraught with
occupational risks and dangers. Under certain circumstances,
construction workers injured on the job may, in addition to their
workers’ compensation remedy, pursue claims against jobsite owners,
general contractors, subcontractors, or other entities. Well-versed in
this area of the law, Andy selectively represents individuals who suffer
significant injuries as the result of a construction site accident.
Premises liability
The phrase “premises liability” is a catch-all term referring to claims
that arise from unreasonably dangerous conditions on either public or
private property. It encompasses injuries occurring on residential or
commercial property (e.g., a private dwelling or shopping mall), or on
recreational land (e.g., a public pool or state park). Andy has broad
experience with a variety of premises liability claims, which require
thorough knowledge of the legal principles applicable to a particular
case.
Professional liability
Medical malpractice claims against doctors, chiropractors, or other
health care professionals are hotly defended and expensive to litigate,
partly because they usually boil down to a “battle of the experts.”
Given the “high-stakes” nature of this type of litigation, potential
malpractice claims must be carefully screened and investigated, with
accepted matters typically involving either substantial permanent injury
or death. Because malpractice lawsuits are so work-intensive and require
thorough preparation, Andy usually handles only a limited number of them
at any given time. He also represents clients with malpractice claims
against lawyers who financially harmed them in some way in the course of
a prior legal representation.
Products liability
Under the Washington Products Liability Act, manufacturers are liable
for injuries or damages resulting from products that are not “reasonably
safe.” Andy’s prior law firm was co-counsel in a products liability
class action that was filed on behalf of hundreds of Jack in the Box
customers who became ill after eating hamburgers with contaminated beef.
Andy played an instrumental role in the protracted discovery and
settlement efforts, which included dozens of mediations and ultimately
resulted in recoveries totaling tens of millions of dollars for the
class action plaintiffs.
Claims against governmental entities
The phrase “governmental entities” includes the State of Washington, its
agencies, and various political bodies like cities, counties, and school
districts. As a general rule, these entities are liable for negligence
to the same extent as a private person or corporation. Some personal
injury claims can only be made against a governmental entity (e.g.,
unsafe roadway cases) – and thus require a different liability analysis.
But for the most part, the legal principles used to analyze claims
against governmental entities are the same as those used to analyze
claims against other parties. Besides representing clients with claims
against governmental entities, Andy has written articles about the
claims presentation requirements that uniquely apply to such entities.
Wrongful death
A claim for “wrongful death” is not truly an independent category, since
the fatality usually results from negligent (or intentional) conduct
that falls into one of the above categories. For example, the victim may
have died as the result of an auto accident, an unreasonably dangerous
condition on someone else’s property, malpractice by a doctor, or a
defective product. Under Washington law, wrongful death claims are
purely a creature of statute. The relevant statutes are technical and
should always be revisited when analyzing the proper beneficiaries of a
wrongful death claim, as well as the recoverable damages. Andy has
significant experience in death cases arising from auto accidents,
medical malpractice, and other factual settings.
Insurance bad faith
One of the most important provisions in any insurance policy is the
insurer’s promise – implied by law – to deal fairly and in good faith
with its insured. This obligation means insurers must act reasonably and
give equal consideration to the interests of their insureds. Andy has
handled several bad faith cases resulting in seven-figure settlements
with insurers who unreasonably failed to settle claims against their
insureds within the applicable limit of their liability policy. In
addition, Andy recently co-tried a bad faith case resulting in a $1.7
million judgment against an insurer who wrongly refused to defend his
client in a medical malpractice suit.
© 2005 - 2011 Law Office of Andrew Bergh. All rights reserved. |
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