What is this thing called Quiet Enjoyment?

Whether in a commercial or residential lease, quiet enjoyment is the most fundamental and often misunderstood right obtained by a tenant.

Many have experienced the situation when loud music or voices have emanated from a neighbouring unit. If banging on the walls, speaking to the property manager or calling the police does not help, is the landlord in breach of its obligation? Is this what is meant by quiet enjoyment?

The covenant of quiet enjoyment means more than just a noise-free environment. It is a more onerous obligation that provides that the landlord will not interfere with a tenant’s right of possession. This covenant has two components:

1. The landlord has good title to the premises, and therefore can lawfully enter into the lease with the tenant, and

2. The landlord will not interfere with the tenant’s enjoyment of the leased premises.

In most leases the covenant is written in the lease document, setting out the parameters for quiet enjoyment.

Defective Title

A tenant is entitled to exclusive possession of the leased premises, without the permission of anyone else. If the tenant needs approval before entering the premises, then the landlord did not have right to grant the exclusive possession to the tenant. The landlord may then be in breach of its covenant.

Practical Tips
In order to ensure that the landlord can validly enter into the lease, a tenant should examine the title to the landlord’s property in order to confirm ownership. This can be done by way of a subsearch of title at the lawyer’s office or a review of the records of the land registry office. The subsearch should confirm that the owner of the property is the landlord as its name is indicated on the lease document. If this is not the case, the tenant should seek clarification. A subsearch would also show whether there are third-parties with an interest in the landlord’s property, for example, if there is a mortgage on title. This may become significant in the event of default by the landlord, as the lender may be able to step into the landlord’s shoes or in some cases terminate the lease before the end of the lease term.

Substantial Interference

There is no clear-cut test to determine whether a landlord has interfered with the tenant’s quiet enjoyment. This issue has gone before the Courts numerous times, but the case law in this area is inconsistent. The following are situations where the Courts have found that the landlord’s actions constituted a substantial interference with the tenant’s quiet enjoyment: a landlord erecting scaffolding in front of a tenant’s store interfering with the tenant’s business, a landlord creating a substantial amount of dirt and dust while undertaking renovations to another unit, a landlord undertaking unannounced and periodic inspections of a tenant’s premise, and consistent interruptions to gas and electricity supply. A breach of the covenant may not be found in all cases. Generally when the interruption is foreseeable or when reasonable care has not been exercised, the landlord may be deemed to have interfered with the tenant’s quiet enjoyment.

It should be noted that the interruption must be more than just an inconvenience or annoyance and, in most cases, must have a physical element to the interference.

What to do if the landlord is in breach?
When a tenant alleges breach of the covenant of quiet enjoyment, the tenant must choose an appropriate remedy while at the same time avoiding liability under the lease. A tenant may want to stop rent payments until the interference is remedied, with the obligation resuming once the landlord is no longer in breach. Stopping payment of rent is not something that should be taken lightly, and a tenant should consider whether the breach warrants this type of action. It may incite the landlord to claim non-payment of rent or terminate the lease. Accordingly, interrupting rent payments is an action that should never be undertaken without consulting legal counsel.

A tenant may also consider whether to claim damages for abatement of rent, loss of profits, out of pocket expenses, or other damages that flow from the breach. In considering the best course of action, the tenant should also consider whether it wishes to keep the leased premises or terminate the lease.

In the end, if there is a situation that you are unhappy with, you may not have to simply grin and bear it. The right to quiet enjoyment gives a tenant the ability to fight back. However, the fight should not be pursued without professional guidance.

Meredith J. Serota is an associate with BrazeauSeller LLP. Meredith’s practice focuses mainly on Corporate/Commercial transactions, as well as commercial real estate. BrazeauSeller.LLP is an Ottawa business law firm that provides expert legal counsel, innovative solutions and responsive service to its clients. As the exclusive Ottawa member of Meritas Law Firms Worldwide, BrazeauSeller is able to provide its clients with access to trusted, dependable legal representation anywhere in the world, that their business takes them. (613) 237-4000 http://ww.brazeauseller.com

Prepare for the Worst: Being Ready for Collisions or other Accidents

Almost no one would ever think of being involved in a car accident. When you are enjoying life and manifesting it by loving your car and taking it out frequently for every errand outside your home, being in an accident is simply unthinkable.

Almost no one would ever think of being involved in a car accident. When you are enjoying life and manifesting it by loving your car and taking it out frequently for every errand outside your home, being in an accident is simply unthinkable.

Actually, only a fraction of the hundreds of thousand people who becomes involved in an accident is intentionally aggressive and careless, irresponsible drivers. Many are actually safe drivers but still, they find themselves looking for lawyers to handle their claims and litigations after being victims of different types of car accidents.

In psychological terms, it is quite hard for people to be “prepared for the worst.” Many optimistic types of persons always say that they “hope for the best” but nothing about being prepared or ready for the worst.

Accident lawyers, through their years of experience, have spent some time in identifying and studying the issues related to managing risks and the lack of it, for quite many in the country’s population.

Of all people, accident lawyers are best qualified in knowing that it would be best for all us to learn to continuously “hope for the best” but still leave enough thought to “plan for the worst.” They have experience encountering many safe drivers who become innocent victims of careless ones. In addition, they have the wealth of experience in investigating how and why these incidents have happened and what should have been done to prevent it from happening.

From this, they are the best ones to know that there could have been means and steps that can be taken in order to have the accident not happen. First, we should all learn to think at least a little about unpleasant things and take time to plan in preparation of it.

Here are several things to prepare in case a crash or collision accident or other types of automobile accident would happen to you. Remember, it never hurts to be always ready for the unexpected.

– As much as possible, do not let your insurance lapse. It is a measure of being prepared by keeping your insurance updated.

– Always remember to carry the insurance information and other pertinent documents of your car. You can keep your updated insurance card in the glove box of your car. In addition, keep your automobile registration along with it. Foremost, do not forget your driver’s license.

– Consider having an accident kit to keep in your vehicle. The accident kit usually contains pre-loaded 35mm film camera, pencil and notepad, yellow chalk or pencil for marking things and measuring tape.

– Keeping pertinent information or wearing medical tag can be a great help. In case you become unconscious in an accident, you can easily be identified. Your family members, other relatives or church can be identified and be notified about your accident. You can also list down medication allergies.

– Aside from an accident kit, consider having food, water, first aid kit, and emergency cash to keep in your car.

– Have reflective triangles or flares in your car, too.

– Items in preparation for certain types of weather would also be useful, just in case. Keep some blankets and shades in your car’s trunk.

These are but simple and practical reminders that will make you be ready for whatever accident and help keep it from turning into such a nightmare.

http://www.mesrianilaw.com/California-Car-Accident-Law-Firm.html have significant experience in handling automobile collision accident cases and well versed in understanding and interpreting the state’s Automobile Accident Law.

Beware of these Mistakes after an Automobile Accident

It always help that you could prevent or be ready for any unexpected incident, especially an accident which may have catastrophic results.

It always help that you could prevent or be ready for any unexpected incident, especially an accident which may have catastrophic results.

However, if you suddenly find yourself as a victim of an automobile crash, collision or any type of accident, it surely helps to know what you are supposed to do to ensure that the situation would not go worse than it already is.

Thus, here are six mistakes that you should keep in mind and avoid from doing after becoming a victim of an automobile accident.

1. Offering absolute answers when still unsure – in point fact, do not say absolutely that you were not injured, when in fact, you do not know or you were only slightly. After the occurrence of an automobile accident, it is invariable to contact the local police authorities and/or highway patrol.

Once they ask after your condition, it is for the best that you answer you were injured although you are not sure, yet. Saying you were not injured might as well meant that they do not need to come quickly to the accident scene.

If you find out that you were indeed injured, only not that severely then you still have to reply that you were in fact, injured when the authorities question you at the scene of the accident.

Most of the car accident injuries are usually considered as soft tissue injuries or whiplash injuries. Generally, these kinds of injuries do not appear until after several hours.

As such, if you do not notice any injury, your best answer to questions would be that you do not know yet and that you need to see your doctor before you can tell absolutely or exactly.

The bottom line is to be careful in replying concerning your injuries to authorities since anything you said will be taken down as an official statement. The insurance company’s lawyer and adjuster would very well use any statement you have told in official record against your testimonies in the claim or lawsuit.

2. Failure to mitigate the damages you have incurred – once you become involved in an accident, and suffered injuries because of it, you should not just wait around.

You should do something about it!

Here are things you need to do:
– Seek medical attention as soon as possible. If you like the chiropractors better, still, you need to go see a medical doctor before going to the chiropractor.

In evaluating your claims, insurance companies have computer software. When it is found that you failed to act upon the injuries you have sustained and taken precautions to minimize the pain and suffering you felt, your case’s value would be reduced according to their computer software program.

– Another problem you might encounter when you fail to act as quickly as possible on your injuries and your case, it may take longer to go to trial. By then, the jury might begin to believe that your injuries were the result of something else and not by the automobile crash accident.

– If, in addition to your injuries, you sustained property damages and lost income, then you also need to act quickly by having your car seen to and your doctor give you official medical order concerning the activities you will be restricted to do.

Here are other significant mistakes that may jeopardize your automobile accident claim or lawsuit:

3. Giving your trust to the insurance company’s adjuster
4. Failure to abide by your attorney and/or doctor’s advices
5. Giving false statements or lies
6. Giving an insurance adjuster permission to take and record your declaration of the incident and your situation.

Our law firm’s experience Los Angeles automobile crash lawyer is well versed in handling claims and lawsuit involving car crash accidents. Log on to http://www.mesrianilaw.com/Auto-Crash-Attorney.html

Making A Compensation Claim Against A Public Accident

If you’ve had an accident whilst in a public environment – this could be an uneven pavement and or footpath, a wonky slab, slip, tripped or fallen in a shop, shopping centre, and leisure centre and or a café or restaurant. If any of these happened to you and you’ve been injured as a result of the accident in a public place then you may be entitled to claim compensation.

Thousands of people slip, trip or fall every year in public places as it’s a common accident. Public environments need to prevent his from happening so much by taking into effect their health and safety regulations carefully and not just forgetting what they are and not putting them into action. If you do have an accident in public you should write it in an accident book if there is one. To make a successful compensation claim you will need to prove there liable for your accident. Any public building are bound by law to keep all areas clean, free of obstructions, dry no wet floors if they are wet put down signs and mats if possible and anything else that can make an area unsafe for the public. If the accident is to do with uneven roads, pavements etc. the claim is with the local authority that looks after all roads, pavements in their area.

To prove the buildings owners or local authority are liable for your public accident you will need to gather any witnesses who saw your accident who will be able to give evidence on what you slipped, tripped or fell over, take photographs especially if the accident was that of an uneven pavement or road this is your proof take photographs of the uneven part as well as the whole road and road name if possible to prove it’s exactly where you injured yourself.

It’s your legal and civil right to claim compensation for something that wasn’t your fault but someone else’s, in this case this may be a shop owner, building owner or the local authority. You need to be strong and get a good solicitor to help you along the way of claiming the compensation you deserve. You may have not only injured yourself but have had to pay medical costs, had unpaid leave from work meaning loss of earnings as well as any other costs you may have had to pay due to your injury. Get a solicitor who specializes in accidents in public environments, they will then know how to make your case a successful one.

If you’re thinking you can’t afford a solicitor why not get a solicitor who works on a No Win No Fee basis. This means that you don’t have to pay them a penny. They will only take on cases that they think have no chance of failing. If you win your case you still receive your full compensation the solicitor claims there costs for helping you from the losing party and if you lose your case they go away unpaid, that’s why if they take you on you have a very good chance of getting the compensation you deserve!

Jene Pedder is the Webmaster of Accident Consult who specialize in supporting anyone who has been injured by a Public Accidents.

Have You Had An Accident At Work?

Have you had an accident at work that wasn’t your fault and your too scared to claim the rightful compensation you deserve? You may be scared you may lose your job if you claim compensation from your employers but this cannot happen if it does you have a claim of wrongful dismissal, as well as your bosses being unhappy with you for this the list is endless. Many employees don’t claim their rightful compensation if they have an accident at work because there scared. Well you shouldn’t be, a good solicitor will explain all the facts involved in a claim and answer any questions you may have.

Accidents at work can be very difficult but to make a successful personal injury claim you need to show that your injuries have been caused by the negligence of your employer. If one of your colleagues has hurt you, your employer is also responsible for this. If any accidents do happen you need to tell your employer so they can make a note of it in the accident book.

Your employer, or the person in control of the work premises are required under RIDDOR-Reporting of Injuries, Diseases and Dangerous Regulations to report any work related accidents and any work diseases or any dangerous occurrences whatever it may be. It’s a legal requirement to report any of these accidents under RIDDOR act of 1995. The information that is passed on to the Local Authority and the Health & Safety Executive helps them help the employers to prevent other reoccurrences of the same accidents and reduce any other risks for all employees.

A work injury may be that of you have hurt your hands, hit your head something hit you on the head, got something in your eyes, burnt your skin, inhaled something bad for your lungs, hurt your spin or skeleton either lifting something heavy you hadn’t be shown how to lift. The most common causes of injuries from work are manual handling of heavy items, machinery or tools, exposure to hazardous chemicals, jewellery or long hair tangled in machinery, misuse or failure of vehicles and any inadequate safety training.

Not only are the above common causes but other hazards include: explosive chemicals, electricity, heat, height, gases and liquids, powerful or sharp moving machinery, flammable gases, poisonous gases, heavy structures, high pressure gas and liquids all of these can and may cause an accident at the work place.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

Jene is the Webmaster of Accident Consult who specialize in Accidents at Work Personal Injury Claim.

Mistakes Made When Writing A Will

Will making can be a daunting process and is something that people only tend to do once in their lifetime which means they aren’t very familiar with the process. As a result of this mistakes can often happen which is why it is best to seek help from professionals who can assist you whenever needed.

Some of the most common mistakes that occur when will making are as follows. Some people are not aware of the formal requirements that are required in order to make the will legally valid. It is extremely important that this is investigated because if it is not valid there are likely to be problems when it comes to distributing your money and possessions. It may even be put into the hands of the State which means that any relative may be able to claim a stake in your fortune.

When will making, a lot of people forget to take into account all of the money and property that they have. This is easily done if you have an investment somewhere that you haven’t touched in years or something may have simply slipped your mind. Again, if you have property or money that hasn’t been mentioned in your will it could end up going to someone you didn’t want to have it.

When it comes to will making it is common for people to make changes and alterations to their will. This normally happens with people who make their will at a young age or get divorced. However, the amendments must be signed and witnessed otherwise they are invalid and the new changes will not be honoured.

There are rules relating to will making which means that if someone feels they haven’t been adequately provided for they can make a claim on the estate. As a result of this provisions in the will could be overturned and they may end up getting something. Things like this are not common knowledge which is why so many people seek the advice of professionals when it comes to will making.

Will making companies and solicitors know everything about wills and how to ensure that they are legally valid. It is strongly advisable to use one or even both to make sure that your will is saying what you want it to and that your money and possessions are going to go to the correct people. As well as this you can be assured that your will, money and possessions are going to be in safe hands.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

A Basic Understanding of Car Accident Cases

There were nearly 6,420,000 auto accidents in the United States in 2005. The financial cost of these crashes is more than 230 Billion dollars. 2.9 million people were injured and 42,636 people killed. About 115 people die every day in vehicle crashes in the United States — one death every 13 minutes.

* There is a death caused by a motor vehicle crash every 12 minutes; there is a disabling injury every 14 seconds.
* Motor vehicle crashes are the leading cause of death for people ages 1 to 33.
* The age groups most affected by motor vehicle crashes are 15-24 and 75+.

Although insurance companies and many lawyers consider auto accident claims routine, that just isn’t true. Every car accident and every individual injured in an auto accident is unique. Auto accidents may be caused by the negligence on the part of another driver, someone hauling a trailer, a trucking company, a motorcycle, or the design and condition of the road.I know that a wide variety of injuries can result from an car accident.

Insurance companies want you to believe that handling auto accident claims is a simple matter that does not require the assistance of a personal injury attorney that specializes in car accidents. But you should know that insurance adjusters are trained to reduce the amount that you are paid. The only way to make sure that you get a fair settlement or award is to have an auto accident attorney who understands the insurance system, is well prepared and experienced in trying these cases in court, and of course, will do everything possible to fight for your rights.

The insurance companies will do everything they can to deny or delay paying your claim. They can and will:

* Take a recorded statement of an unrepresented person so that they can obtain information that can be used against that person.
* Down-play any damage done to the vehicles in the accident and claim that it would be impossible for someone to sustain a personal injury in such a “minimal” impact auto accident.
* Fail to divulge all sources of insurance coverage or policy benefits that would serve to increase your total recovery or settlement.
* Insist that you sign a broad medical release so they can go fishing into your past medical history looking for anything to minimize your claim.
* Hire expert witnesses to testify that a person was not severely injured in an auto accident.
* Assert weak or unsupported liability claims or defenses to support extremely low settlement offers.
* Blame other potentially negligent parties to minimize the amount of pay out in settlement.
* Blame you for partially causing the accident and thereby lowering your settlement offer by 10, 20 or even 50%.
* Tell you that some or most of your medical treatment was “excessive” or “unreasonable” while having no medical training to support such a claim.
* Discourage you from working with a car accident personal injury attorney or law firm.

If you have been injured in a car accident take the time to research your case, find out about similar cases in your state, and research personal injury attorneys in your area before you accept an offer from the other party’s insurance company.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com. Copyright 2007 Christopher M. Davis.

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Personal Injury Accident Compensation Claims

Personal Injury claims are that of when a physical injury or a mental anguish is caused by the negligence or anguish of the other party. Other personal injury claims can be to do with road traffic accidents, product defects, medical negligence and bullying with the use of words and physical abuse.

If any of the above has happened to you, the first thing to do is to contact a specialized solicitor who deals with personal injury compensation claims. They will be able to give you more information and answer any questions you may have. Some solicitor’s work on a No Win No Fee Basis where you don’t have to pay any fees for them to work on your behalf. They usually only takes cases on they think have a very good chance of winning as they get their fees from the other party if you are successful in claiming compensation, this means you will receive the full compensation amount as agreed.

If your claim goes to court the judge looks at who has been negligence and or carelessness and whoever that may be in the two or more parties the party who’s found to be negligence will be the one who is legally responsible to pay compensation to you and others if applicable. The negligence person may be one person or a group but it even may be a business.

Your compensation claim payout will be awarded depending on the strength of your claim and the documentation you have to prove this and the injuries that you have sustained physically and mentally. Having a specialized solicitor to help you through the stages of a compensation claim is recommended as they can help you receive the payout you deserve and help you face any insurance companies that may defend the compensation claim. You need all the help you can get to win your personal injury case because sometimes they are the only way of setting your mind straight as some personal injury cases involve someone who has died from the effects of an accident etc. or the victim may be disabled for the rest of their lives or still very poorly in hospital. The payout not only needs to cover the physical and mental suffering, but loss of income maybe forever, medical treatments and any other financial damages that are needed to cover.

Your specialized personal injury lawyer will help you to receive the payout you deserve so if you don’t employ a lawyer to help you have less of a chance to receive compensation at all but also the payout you receive may be significantly less than that you could of got with a personal injury lawyer negotiating on your behalf. The specialized personal injury lawyer should be able to access your case and have an approximate the payout, choose the best strategy on how to put the claim forward. They should have a large scope of experience in dealing with personal injury compensation claims and know the up to date developments in personal injury claims. Your lawyer should also have experience in claiming compensation from insurance companies, as they can be very slippery and try to get out of a compensation claim at any costs as well as having trial experience, just in case the personal injury case goes to court but most are settled out of court but its always a good idea to have an experienced lawyer in trials just in case. The party in the wrong usually just want to hand the payout out and get the claim over and done with but their lawyer or insurance company want to avoid expensive payouts as they can include bad publicity for them as well as expensive trials.

Jene is the Webmaster of Accident Consult who specialize in Personal Injury Compensation Claims .

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Righting Those Wronged by Exposure to Asbestos

A mesothelioma wrongful death lawsuits are currently more common than many would hope. Asbestos exposure that occured decades earlier on a victim debilitates them with a deadly form of mesothelioma cancer. Many victims die and a family member or friend of the victim brings about a wrongful death lawsuit in order to bring justice to the victim.

Why File A Mesothelioma Wrongful Death Lawsuit?

Death is never easy for anyone. Death, however, is especially difficult for friends and family of a victim that could have been saved or prevented. A wrongful death lawsuit occurs when a death is the outcome negligence or action of a third party. Luckily, family and friends of a victim can find comfort with an experienced and knowledgeable wrongful death lawyer who can offer assitance as well as ease suffering. Victims of mesothelioma cancer, which is incurable, have often been exposed to asbestos fibers that are breathed in and attach to the lung. This exposure usually occurs at a place of employment.

Because of the fact that mesothelioma is so serious a form of lung cancer, the ultimately outcome of the disease if often the death of the patient. Mesothelioma litigation is usually brought forth after a victim’s exposure to asbestos years earlier, but these lawsuits are often coupled with mesothelioma wrongful death lawsuits. A mesothelioma wrongful death lawsuit occur when a plantiff or claimant, such as a victim or family member of a mesothelioma cancer victim, brings forth legal action in a civil court.

What Are Expectations and Potential Outcomes Concerning Those Filing A Mesothelioma Wrongful Death Lawsuit?

Beginning in the twentieth century, there is a long history of mesothelioma litigation, with a lengthy precedence of the negligence and responsibility for those companies that manufactured asbestos or placed their employees in direct contact with it. Therefore, the family of any individual who has died as a result of mesothelioma cause by exposure to asbestos can expect some compensation in a mesothelioma wrongful death lawsuit. In order to properly understand what this compensation might entail, it can be in an individual’s best interest to contact an expert mesothelioma wrongful death lawyer to better understand how a mesothelioma wrongful death lawsuit could provide compensation for any loss that has been suffered.

LegalView.com offers legal information that is easy to access and informative. By visiting http://www.legalview.com/, users will be able to locate resources such as how to contact a mesothelioma lawyer specializing in mesothelioma wrongful death lawsuits as well as information on mesothelioma lawsuits. Just by clicking on http://mesothelioma.legalview.com/, readers will be able to locate exactly what they are looking for.

The Truth About Tort Reform

You may have seen articles and news stories claiming that “runaway jury awards” and “greedy trial lawyers” are causing medical malpractice premiums to skyrocket, thereby driving doctors out of Washington State. Doctors around the state are “demanding” that our two Senators and state legislators enact “caps” on jury verdicts to prevent malpractice relates from rising. THESE CLAIMS ARE FALSE.

A number of studies reveal the truth—that caps on damages DO NOT reduce insurance premiums. Caps on damages only restrict the rights of patients who have been seriously injured at the hands of a negligent physician. Most insurers continue to increase malpractice premiums at a rapid pase, regardless of damage caps on medical malpractice lawsuits.

Over the past year and a half, Texas, Florida, Oklahoma, Ohio, Mississippi and Nevada have tried to solve their state’s insurance problems by limiting injured consumers’ right to sue in court (so-called “tort reform”). It has failed every time. The reason is: the causes and solutions to insurance problems lie with the insurance industry, not the legal system.

The number and value of medical malpractice payments made to patients on behalf of Washington doctors have declined significantly, according to an analysis of federal government information released today by the national consumer group Public Citizen.

Key findings in the Public Citizen report (Fewer Lawsuits and More Doctors: The Myths of Washington State’s Medical Malpractice “Crisis”) include:

* The number of medical malpractice payments made on behalf of Washington doctors declined 35.6 percent between 1999 and 2004.
* There was a 42.2 percent drop in the total value of Washington doctors’ medical malpractice payments between 1997 and 2004, when adjusted for medical inflation. The inflation-adjusted peak in 1997 was $50.7 million, compared with $29.3 million in 2004. The drop between 2002 and 2004 was 30.6 percent.
The number of million-dollar payments has declined from a high of 10 in 1997 to two in 2004; jury verdicts have remained flat at about 3.2 percent of all payments since 1991.
* Rather than providing windfalls to patients with minor injuries, Washington doctors’ malpractice payments overwhelmingly benefit those most seriously injured by doctors. The most serious cases account for 84.9 percent of all payments made, compared to only 15.1 percent of all payments for minor injuries.
* The population-adjusted number of malpractice filings is down 23.1 percent since 1995, dropping from 9.41 per 100,000 people in 1995 to 7.24 in 2004.
Malpractice payouts attributable to obstetrics cases ‘ doctors say OBs are among the hardest hit by lawsuits ‘ are down significantly. The number of payments attributable to OB cases fell 25.4 percent between 1994 and 2004, while the value plummeted by 65.9 percent.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com.

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