Subscribe in a reader

ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

Division III: Doctors Allowed to Speculate re: Pre-Accident Pain

Zavala v. Twin City Foods

Zavala screwed up her knee at work. When they did the surgical correction, they also discovered arthritis. Her knee had no pain before, so arthritis was not a cause of any pain to her. After the claim was closed, she started having pain again. This case arises from her trying to reopen her claim.

Now, there is a doctrine in the law that if something wasn’t causing you pain, that it can’t be considered a cause of your pain. This generally comes up in pre-existing arthritis. All of us have some degree of arthritic changes in the body once we pass eighteen years of age. But not all of it causes pain. You can have a lot of degeneration and none of it be painful. 

The doc essentially said that based on his findings, she must have been having pain, despite no actual testimony that she was having any knee pain. Essentially speculating as to whether she actually suffered pain.

So essentially here, the court of appeals is allowing doctors to speculate whether a condition was painful and then use that to say that it was a cause of the prior injury.

I am not okay with this opinion. While it is an L&I case, it is a major revision of the causation chain, and allows hired guns to enter speculative testimony without any actual evidence of prior pain.

The Personal Injury Attorneys at Issaquah Legal Services are familiar with common defense tactics and the blame game that comes when you are injured in an accident. Please contact us and let us help shepherd you through the process.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.