Your Rights and Next Steps in Washington State

Discovering that someone created a fake or AI-generated video of you can be frightening and overwhelming. Many victims describe feeling exposed, embarrassed, or afraid that others will believe something that is not true. These videos spread quickly and can cause serious personal, professional, and emotional consequences.

If this has happened to you, you are not overreacting. Washington law recognizes the seriousness of falsified and manipulated digital content. Even though there is not one single statute labeled “deepfake law,” several Washington laws may support a civil claim.

What Should I Do If Someone Made an AI-Generated Video of Me?

If someone made an AI-generated video of you, save copies of the video and screenshots showing where it was shared, document any harm you are experiencing, avoid confronting the creator directly, and contact an attorney experienced in defamation and privacy law. Washington laws such as RCW 63.60, RCW 9A.60.045, and RCW 9A.86.010 may provide legal remedies depending on the facts.

How AI-Generated Videos Harm Victims

AI-generated or “deepfake” videos are designed to appear real. Even when viewers suspect manipulation, the damage often occurs the moment the content is seen.

Victims may experience:

• Immediate emotional distress
• Damage to reputation or credibility
• Harm to personal or professional relationships
• Harassment or unwanted messages
• Employment discipline or termination
• Loss of business or career opportunities

As discussed in our related article on whether you can sue for a deepfake in Washington, Can You Sue Someone For Making A Deepfake Video of You In Washington?, even a single fabricated video can spread widely and leave a lasting digital footprint.

Common Civil Claims in AI-Generated Video / Deepfake Cases

In addition to statutory protections, Washington courts recognize several tort claims that apply directly to AI-generated videos:

• Defamation if the video falsely portrays you committing a crime or engaging in misconduct
• False light if the portrayal is highly offensive and misleading
• Invasion of privacy if private matters are publicized improperly
• Intentional infliction of emotional distress if the conduct is extreme and outrageous

Misappropriation of likeness under RCW 63.60

Your Situation May Involve Legal Claims If…

• The video includes sexual or intimate content
• The video portrays you committing a crime or unethical act
• Coworkers, employers, or family members have seen or shared it
• You are receiving harassment or threats
• The video appears designed to embarrass, intimidate, or retaliate
• Your face, voice, or likeness was used without permission

If any of these apply, Washington law may provide a remedy.

Immediate Steps to Protect Yourself

1. Preserve all evidence. Download the video if possible. Take screenshots. Save URLs. Document where and when it appears.
2. Document the impact. Save emails from employers. Preserve harassment messages. Keep records of lost business opportunities or workplace consequences.
3. Do not confront the creator directly. Confrontation can escalate the situation or cause evidence to disappear.
4. Consult an attorney immediately. Deepfake cases move quickly. Legal counsel can issue preservation demands, evaluate potential claims, and seek court orders to remove content.

Time matters. Early intervention can make a meaningful difference.

Possible Remedies and Damages

Depending on the facts of your case, you may be entitled to:

• Compensation for emotional distress
• Damages for harm to reputation
• Lost income or business opportunities
• Court-ordered removal of the video
• Additional remedies for intimate or sexual exploitation

Every case is unique. The strength of your claim depends on what the video shows, who made it, how widely it has circulated, and the impact on your life.

Washington Law Center Can Help With Your AI-Generated Video Claim

AI-generated videos can cause profound emotional and reputational harm. Washington Law Center represents victims of defamation, privacy violations, sexual exploitation, and misuse of digital likeness throughout Washington State.

These cases are personal and sensitive. Our attorneys handle them with discretion, dignity, and strategic precision.

If someone created or shared an AI-generated or fake video of you, contact Washington Law Center for a confidential consultation. You do not have to face this alone.

Artificial intelligence has made it easier than ever to create videos that look and sound real, even when they are completely fabricated. Many victims first discover that someone has made a fake or AI-generated video of them because it is circulating online. These are known as “deepfake” videos, and they can cause devastating harm to a person’s reputation, career, and emotional well-being. 

Victims are often left asking one urgent question: Can you take legal action if someone creates or shares a fake video of you? 

While Washington State has no single law written specifically for deepfakes, several existing civil causes of action may still allow victims to recover damages.

Understanding Deepfakes and the Harm They Cause

A deepfake (sometimes called a fake AI video or fake video of yourself online) is a video or image that has been digitally created using artificial intelligence to make it appear that someone said or did something they never actually did. 

What began as a novelty technology has evolved into a serious privacy threat. Victims may experience: 

• Damage to personal and professional reputation
• Loss of employment or educational opportunities
• Harassment, humiliation, or emotional trauma
• In some cases, sexual exploitation or blackmail through fake porn videos 

Even one falsely created or “edited” video can spread to thousands of viewers in minutes, leaving a permanent digital footprint that is extremely hard to erase. 

Are Deepfakes or Fake Videos Illegal in Washington State?

Washington does not yet have a single law written specifically to address deepfake videos. Even so, victims are not without legal protection as several existing state laws can still apply depending on the nature of the video and the intent behind it. For instance: 

• RCW 9A.60.045, updated through House Bill 1205 (2025), makes it a crime to knowingly distribute a forged digital likeness of another person with intent to defraud, harass, threaten, or intimidate. 
• RCW 9A.86.010 makes it a crime to distribute intimate images without consent, which may apply to nonconsensual sexual deepfakes or fake porn videos.
• RCW 63.60 protects Washington’s Right of Publicity law, which may be violated if a fake or AI-generated video uses your face, voice, or other identifiable features without your consent, and for the defendant’s own advantage. 

Although those are found in the criminal code, civil lawsuits use the support of those principles for tort-based claims such as defamation, invasion of privacy, and intentional infliction of emotional distress. 

Legal Claims Victims Can Pursue

Since fake or AI-generated videos can cause harm in many different ways, there can be several legal strategies to pursue a claim. 

Defamation, Libel and Slander

If a deepfake or fake video falsely portrays you committing a crime, engaging in lewd behavior, or otherwise damages your reputation, you may have a claim for defamation. In Washington, defamation includes both libel (written or recorded false statements, including videos) and slander (spoken false statements). 

False Light

A false light claim arises when publicity is given to a matter that places a person in a false light if the portrayal would be highly offensive to a reasonable person and the publisher knew or acted with reckless disregard as to whether the depiction was false. 

Invasion of Privacy 

Washington law recognizes a common law right to privacy. In essence, one who publicizes a matter concerning another’s private life is liable for invasion of privacy if the matter publicized is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public. 

Intentional Infliction of Emotional Distress

If someone created or shared the fake video to humiliate, threaten, or harm you, they may be liable for intentional infliction of emotional distress, also known as “outrage.”

Misappropriation of Likeness

When a fake or AI-generated video uses your face, voice, or other identifiable features without your consent, and for the defendant’s own advantage, it may violate Washington’s Right of Publicity law (RCW 63.60). 

What If You Don’t Know Who Made the Fake Video?

Many victims don’t know who created or first posted the fake video. Although it poses a hurdle, it does not always mean the victim should wait to contact an attorney. Attorneys can use legal processes, such as subpoenas and court orders, to obtain information that helps identify the responsible person.  

Even if the original creator cannot be located, others who repost or distribute the fake video may share liability for the continued harm. 

What Damages Can Be Recovered in a Fake Video or Deepfake Lawsuit?

The amount of compensation available depends on the nature of the harm, but some examples of what victims may recover damages for are:

• Emotional pain, embarrassment, and humiliation
• Damage to reputation or loss of career opportunities
• Lost income or business relationships 
• Court-ordered injunctions requiring removal of the fake video

Because every case is unique, victims should speak with an attorney experienced in privacy and defamation law to determine the strongest claims and possible outcomes. 

Protecting Your Rights After a Deepfake or Fake Video

Victims of fake or AI-generated videos often face devastating harm from public humiliation and the permanent loss of privacy or reputation. These cases are complex, but the law provides real options for recovery. Even without a statute written specifically for “deepfakes,” Washington courts recognize the serious consequences of defamation, invasion of privacy, and emotional distress caused by falsified or manipulated videos. 

Washington Law Center represents victims of privacy violations, sexual exploitation, and repetitional damage across Washington State. Our attorneys understand how deeply personal these cases are and will stand with you every step of the way to restore your dignity, your peace of mind, and your good name. 

If someone made or shared a fake or AI-generated video of you, you do not have to face the damage alone. Washington Law Center is committed to protecting your privacy, your reputation, and your rights.

Motorcycle crashes can be especially devastating. Riders are far more exposed than drivers in a car, which often results in severe injuries, costly medical bills, and long recovery times. If you are involved in a motorcycle accident in Washington State, knowing what steps to take immediately after the crash can make a meaningful difference in your physical recovery, financial stability, and legal rights.

This guide outlines the most important actions to take after a motorcycle accident and explains why working with an experienced motorcycle accident attorney can help protect your future. 

1. Prioritize Safety and Call for Help

The first priority after a motorcycle crash is safety. 

• Move yourself and your motorcycle out of the roadway, if possible, to prevent additional collisions. 
• Call 911 immediately to request both police and medical assistance, even if you believe your injuries are minor. Some injuries, such as traumatic brain injuries or internal bleeding, may not present obvious systems right away. 

Getting medical attention and having an official accident report lays the foundation for both your recovery and your legal claim. 

2. Document the Accident Scene 

Evidence gathered at the crash site can become critical in establishing liability later. 

• Take photos and videos of your motorcycle, the other vehicles involved, roadway conditions, and any visible injuries. 
• Obtain contact and insurance information from all drivers. 
• Collect names and phone numbers of witnesses who saw the crash occur. 

Strong documentation strengthens your case and can help prevent insurance companies from disputing fault. 

3. File a Police Report

Washington law requires reporting collisions involving injury, death, or property damage of $1,000 or more [WA Department of Licensing]. The responding officer’s report will typically include statements, diagrams, and the officer’s initial findings. This document can be essential evidence in pursuing compensation

4. See Medical Care

Even if you were evaluated at the scene, follow up with a healthcare provider as soon as possible.

• Motorcycle crashes frequently result in orthopedic injuries, spinal cord damage, and head trauma.

• Delayed treatment can worsen injuries and give insurers an excuse to argue your condition was unrelated to the crash.

Consistent medical care not only protects your health but also establishes a clear record linking your injuries to the

5. Notify Your Insurance Company (But Be Careful!)

You are required to report accidents to your insurer, but proceed cautiously.

• Provide only the basic facts of the collision. 

• Do not speculate about fault or minimize your injuries. 

• Never agree to a recorded statement with the other driver’s insurer without legal guidance.

Insurance adjusters are trained to reduce payouts. Protect yourself by consulting an attorney before providing them information. 

6. Preserve All Records

Keep copies of every document related to your crash, including: 

• Medical bills and treatment plans
• Repair estimates for your motorcycle
• Time sheets showing missed work and lost wages
• Correspondence with insurance companies

7. Consult a Motorcycle Accident Lawyer 

Motorcycle crashes often result in high-value claims due to the severity of injuries. Insurance companies know that, so they may try to unfairly blame the rider, downplay damages or offer a quick settlement before you even finish treatment. Without legal representation, you risk settling for far less than what your injuries, lost wages, and future medical needs are truly worth. 

Washington Law Center Can Help

Knowing what to do after a motorcycle crash empowers you to protect both your health and your legal rights. Prioritize safety, seek medical care, document everything, and contact an attorney as soon as possible. The steps you take immediately after a crash can directly impact the outcome of your recovery and your case. 

At Washington Law Center, we fight for injured riders across the state. Our attorneys have extensive experience holding negligent drivers and insurance companies accountable. If you have been injured in a motorcycle crash, you do not have to navigate the aftermath alone.

Call Washington Law Center today for a free case review. We are ready to stand with you, protect your rights, and pursue the maximum compensation you deserve.

Do I Need a Lawyer After a Motorcycle Accident?

Motorcycle accidents often result in some of the most serious injuries on Washington’s roads. Riders face higher risks of catastrophic harm, longer recovery times, and costly medical bills. In the aftermath of a crash, many injured motorcyclists wonder whether they really need a lawyer, or if they can simply handle the insurance claim themselves.

The truth is that while you are not legally required to hire an attorney, doing so can make a significant difference in the outcome of your case. Insurance companies rarely play fair, and without legal representation, you risk settling for far less than you deserve.

This article explains why hiring a motorcycle accident lawyer is important, the risks of going it alone, and how experienced attorneys at Washington Law Center can protect your rights.

Understanding the Complexity of Motorcycle Accident Claims

Motorcycle accident cases often involve unique challenges compared to car accidents.

• Liability Disputes: Drivers and insurers often argue that the motorcyclist was speeding, weaving, or “came out of nowhere.”
• Severity of Injuries: Motorcyclists suffer disproportionately high rates of severe and fatal injuries. According to the National Highway Traffic Safety Administration (NHTSA), riders are about 28 times more likely than car occupants to die in a crash. 
• Insurance Tactics: Adjusters may downplay medical bills, suggest you were partially at fault, challenge lost wage claims, or pressure you into a quick settlement before the full extent of your injuries is known.

Motorcycle accident claims are rarely straightforward. An attorney ensures that your case is handled with the care it deserves. 

The Benefits of Hiring a Motorcycle Accident Attorney 

An experienced personal injury lawyer can shift you from a position of vulnerability to one of strength. Here’s how: 

• Investigating the Crash
  Attorneys work with accident reconstruction specialists, review police reports, and interview witnesses to establish fault.
• Building the Medical Evidence
  A lawyer presents your medical records in a way that supports your claim, including future treatment needs.
• Calculating Full Damages
  Compensation may include not only medical bills but also lost income, diminished earning capacity, property damage, and pain and suffering.
• Negotiating With Insurance Companies
  Lawyers know the tactics adjusters use and can effectively counter them. 
• Litigating if Necessary
  If insurers refuse a fair settlement, your attorney can file a lawsuit and present your case in court.

Without a lawyer, you face a system designed to reduce what you are paid. With a lawyer, you have an advocate committed to maximizing your recovery. 

Key Times to Seek Legal Representation 

While every injured rider can benefit from legal guidance, hiring an attorney is particularly critical when:

• You sustained serious injuries (fractures, sprains, head trauma, spinal cord injuries).
• The crash resulted in long-term injuries or wrongful death. 
• You were hit by a commercial vehicle or government-owned vehicle. 
• Fault is disputed or multiple vehicles are involved.
• The at-fault driver is uninsured or underinsured. 
• You are unsure who is paying, or who is going to pay, for your medical treatment. 

What Happens If I Don’t Hire a Lawyer?

Without representation, you may:

• Miss deadlines.
  • Washington generally allows three years from the date of the accident to file a personal injury lawsuit [RCW 4.16.080]
• Settle for a fraction of what your claim is worth.
• Overlook compensation for long-term needs, such as rehabilitation, therapy, or lost earning capacity.

Saving money by not hiring a lawyer can cost you far more in the long run. 

Washington Law Center is Here to Help 

You are not required to hire a lawyer after a motorcycle crash, but for most injured riders doing so is the difference between struggling with bills and obtaining the justice and financial support needed to move forward. 

At Washington Law Center, we represent motorcycle accident victims across Tacoma, Lakewood, Tukwila, and throughout Washington State. Our attorneys understand the unique challenges riders face and have a proven track record of holding negligent drivers and insurance companies accountable.

We offer free case reviews, and you pay nothing unless we win.

Call Washington Law Center today to speak with an experienced motorcycle accident attorney. Protect your rights, safeguard your recovery, and let us fight for the compensation you deserve.

What is the 2025-2026 Cost of Living Adjustment in Washington State Workers’ Compensation?

Washington State’s Department of Labor & Industries (L&I) Statutory Cost of Living Adjustment (COLA) for 2025-2026 provides a 6.8% increase.

The increase is according to the Employment Security Department’s findings that the average annual wage in Washington State increased from $89,138.00 in 2023 to $95,160.00 in 2024.

This means, under the Industrial Insurance Act (Title 51, RCW), effective July 1, 2025, workers’ compensation benefits will increase 6.8% for those entitled to time-loss, pension and loss of earning power (LEP) benefits in industrial injury and occupational disease claims which are greater than one year old. 

L&I COLA History

YEAR	COLA Increase
2025	6.8%
2024	5.9%
2023	2.01%
2022	7.51%
2021	10.1%
2020	6.73%
2019	5.51%
2018	4.96%
2017	4.76%
2016	2.63%
2015	4.16%
2014	2.01%

*See COLA Rates for ALL Dates After 1971

What is the Maximum L&I Time-Loss Rate for 2025-2026 in Washington State?

Washington State’s maximum time-loss rate for 2025-2026 is $9,516.00 per month. 

Pursuant to statutory formulas (RCW 51.32.060), this will be the new maximum time-loss rate for work injuries sustained during the period of July 1, 2025 through June 20, 2026.

The legal maximum benefit amount is equal to 120% of the average annual wage in Washington State. Since the average annual wage for 2024 was $95,160.00, the maximum monthly benefit for 2025-2026 equals $9,516.00. (Maximum Time-Loss Rates Chart).

Historic Maximum Time-Loss Rates

Effective Date:	Maximum Time-Loss Rate:
7/1/2025	9,516.00
7/1/2024	$8,913.80
7/1/2023	$8,416.70
7/1/2022	$8,250.80
7/1/2021	$7,674.09
7/1/2020	$6,970.00
7/1/2019	$6,530.10
7/1/2018	$6,188.70
7/1/2017	$5,895.70
7/1/2016	$5,627.29
7/1/2015	$5,482.90
7/1/2014	$5,263.50
7/1/2013	$5,159.50
7/1/2012	$4,989.40
7/1/2011	$4,816.20
7/1/2010	$4,715.30
7/1/2009	$4,625.60
7/1/2008	$4,472.10
7/1/2007	$4,258.40
7/1/2006	$4,038.50
7/1/2005	$3,903.80
7/1/2004	$3,879.40
7/1/2003	$3,794.00

*See Maximum Time-Loss Rates For All Dates of Injury

What is the Minimum L&I Time-Loss Rate for 2025-2026 in Washington State?

Washington State’s minimum time-loss rate for 2024-2025 is $1,189.50 per month. 

Also pursuant to RCW 51.32.060, this will be the new minimum time-loss rate for work injuries sustained during the period of July 1, 2025 through June 20, 2026.

The legal minimum benefit amount is equal to 15% of the average annual wage in Washington State plus $10 if the worker has a spouse and $10 for each dependent child up to five children, pursuant to RCW 51.32.090(9)(b). Since the average annual wage for 2024 was $95,160.00 the minimum monthly benefit for 2025-2026 equals $1,189.50 plus any applicable spouse and dependent payments (Minimum Time Loss Rates Chart). 

Historic Minimum Time-Loss Rates

Effective Date:	Minimum Time-Loss Rate:
7/1/25	$1,189.50
7/1/24	$1,114.22
7/1/23	$1,052.09
7/1/22	$1,031.35
7/1/21	$959.26
7/1/20	$871.25
7/1/19	$816.26
7/1/18	$773.59
7/1/17	$736.96
7/1/16	$703.41
7/1/15	$685.37
7/1/14	$657.94

*See Minimum Time-Loss Rates Since 2009

Why do COLA adjustments occur?

COLA adjustments exist in order to ensure that the workers’ compensation time-Loss benefits for injured and sick workers will generally keep pace with the rate of inflationary change in the average wages earned by workers within the state.

Because workers’ compensation (L&I) benefits provide a critical financial safety net for those injured or made ill by diseases caused by their work, as well as their dependent family members, yearly COLA adjustments to time-Loss and pension rates are necessary.

How is the amount of COLA (Cost Of Living Adjustments) determined?

The Employment Security Department determines the COLA amount based upon whether the average wages of all workers in Washington State have gone up since the prior year. If those wages have risen, the COLA is computed as the percentage of increase.

An injured worker’s Time-Loss rate is computed according to statute (RCW 51.36.060) based upon whether the worker is married or single and whether the worker has dependents such as children at the time of injury. The Time-Loss rate will then be paid during all periods of temporary total or permanent total disability (RCW 51.32.090). 

*See Washington State’s Most Recent L&I COLA Bulletin

Who gets an L&I COLA?

All workers whose claims are greater than one year old as of July 1 of the current year are eligible for a COLA adjustment unless adding the COLA would cause their L&I Time-Loss rate to exceed the current Maximum Time-Loss rate for the present year. For workers whose claims are set at the statutory Minimum Time-Loss rate, those will also adjust upward to the present Minimum Time-Loss rate as of each July 1 regardless of whether the worker’s claim is older than one year.

Will the COLA get applied to my benefits automatically? 

The Department of Labor and Industries should automatically compute any eligible Cost of Living Adjustment and apply it to ongoing benefits effective July 1, 2025. If your claim is managed by a Self Insured Employer (SIE), the Third Party Administrator (TPA) should also automatically compute and apply any eligible Cost of Living Adjustment. That said, do not trust your benefits are being calculated correctly and automatically applied. 

Our decades of experience as workers’ compensation attorneys has unfortunately shown many eligible injured workers do not have their benefits automatically adjusted. Every year our team personally reviews and calculates each of our client’s claims to make sure they are receiving the correct amount and in the event they are not we fight for them until they do. Statue limitations do apply so if you believe you may need help please reach out as time is of the essence. 

Will every injured worker get the 2025-2026 COLA adjustment?

Pursuant to RCW 51.32.075, there is no adjustment during the first year of the workers’ compensation claim. Injured-workers are eligible during the claim’s second July adjustment. However, time-loss rates set at either minimum or maximum values will still increase to the new minimum or maximum rate.

Why don’t newly-injured workers get COLA?

Pursuant to RCW 51.32.075(4), a worker’s time-Loss rate will not be eligible for a July 1 COLA adjustment unless or until more than one year has elapsed since the date of their industrial injury or the manifestation date of their occupational disease.

Does the current COLA adjustment apply to L&I Pensions?

Yes. COLA adjustment apply to L&I pension payments because an L&I pension is equivalent to a vested right to permanently receive time-Loss payments for the rest of the beneficiary’s life.

If I receive Social Security Benefits, will I still get a COLA?

Because Social Security Benefits of any kind (disability, retirement, early-retirement or widow’s benefits) may potentially offset workers’ compensation benefits pursuant to federal statute, injured workers receiving time-Loss benefits may or may not receive a COLA. 

The calculation of whether an offset exists between receipt of time-Loss and Social Security benefits is truly one of the most technical and fact-dependent inquiries in all of workers’ compensation law. The analysis depends upon each individual worker’s highest 35 years of earnings after the age of 21. You will certainly need to consult an experienced attorney to determine whether an offset exists in your case. 

How do I make sure I’m receiving the correct compensation amount? 

If you have any questions about workers compensation benefit eligibility or the Department of Labor & Industries’ Cost of Living Adjustment rate change and how they affect your time-loss benefits, our experienced L&I attorneys are here to help.

Calculating your rate can be challenging but you should make sure to get all the compensation you are entitled to! At Washington Law Center we aim to help as many injured workers as we possibly can so they know they’re getting the benefits they deserve. If you think we can help, give us a call! Our phone number is: (206) 596-7888.

What Should I Do If I Don’t Receive a COLA?

Consult immediately with an experienced workers’ compensation (L&I) attorney. You may also need to file a protest or appeal. Protests are filed with the Department of Labor & Industries for State Fund claims and with the Self-Insured Employer for SIE claims. Appeals can be filed electronically with the Board of Industrial Insurance Appeals. If you have already retained an attorney for your L&I matter, the attorney will handle this process for you.

In a decision issued today, the Washington Supreme Court ruled that survivors of childhood sexual abuse may still seek justice under the state’s special statute of limitations, even if the abuse continued into adulthood. This is a critical step forward for survivors whose abuse did not stop at age 18. 

What the Court Decided 

In M.R. v. State of Washington et al., the court addressed whether RCW 4.16.340, the statute of limitations for civil claims based on childhood sexual abuse, can also apply to abuse that continued into adulthood. The answer is yes.

The Court held that survivors are not barred from bringing claims for abuse that began in childhood and continued into adulthood, as long as the childhood abuse forms the foundation of the claim. “The plain language of RCW 4.16.340 indicates that it does not preclude [victims] such as M.R. from bringing sexual abuse claims that stem from childhood sexual abuse that continues into the victim’s adulthood,” the Court wrote.

This means that survivors can potentially pursue claims under RCW 4.16.340 for adult abuse if it was part of a continuous pattern rooted in childhood abuse. 

Background of the Case

The case involved M.R., who was 17 when she met Cody Butler, a women’s basketball coach at Yakima Valley Community College. At a recruitment event, Butler groped her and made sexually inappropriate comments. When M.R. turned 18 and enrolled at the college, the abuse continued. Butler provided her with alcohol, made unwanted sexual advances, and manipulated her through his position of power over her as a coach and mentor.

More than 15 years later, M.R. filed suit against Butler, the college, and the State of Washington.

The State argued that her claims related to abuse after age 18 were barred by the standard statute of limitations and that RCW 4.16.340 should not apply. But M.R. asserted that the abuse was part of a continuous and indivisible pattern of exploitation that began before she reached adulthood. 

Why This Ruling Matters

This ruling recognizes the lived experiences of many survivors. Childhood sexual abuse often does not stop on a person’s 18th birthday. Abusers may continue to exploit their victims into adulthood, especially in situations involving manipulation, grooming, and abuse of authority.

The Court’s decision affirms that:

• For the purpose of applying RCW 4.16.340, survivors do not need to separate their trauma into “before 18” and “after 18” categories when the abuse is part of one ongoing pattern.

You are Note Alone. We Are Here to Help. 

At Washington Law Center, we believe survivors. If you were sexually abused as a child, even if the abuse continued into adulthood, we may be able to help you hold your abuser accountable under Washington law even if many years have passed. 

Contact us today for a confidential, free consultation with an experienced attorney. We are here to support you with compassion, strength, and legal expertise.

What is a Posthumous Permanent Partial Disability (PPD) Award?

A posthumous PPD award is an entitlement of an injured worker’s survivors to claim an amount of permanent partial disability (PPD) payment equal to what the worker should have received had they not died prior to their L&I claim closure. Not all workers’ estates will be eligible. The rules and burden of proof are both technical and exacting. The estate of the injured worker will therefore generally need to hire experienced workers’ compensation counsel to assist in obtaining the recovery. Workers compensation attorneys generally provide this service on a contingent basis, meaning that no attorney fee will be requested of the injured worker’s estate unless or until the posthumous PPD award is recovered through legal process.

Are Injured Workers Eligible for Posthumous Permanent Partial Disability (PPD)?

Yes. Workers’ Compensation statutes provide that survivors of injured workers are eligible to receive posthumous benefit awards after the worker’s death from unrelated causes. The awards may include payment for all periods of temporary total disability as well as for permanent partial disability (PPD). 

What Types of Work-Related Injuries Are Eligible For Posthumous PPD Awards?

Both physical health injuries and mental health injuries are eligible for posthumous PPD Award assessment. Category of Impairment ratings are made pursuant to the rules set forth at WAC 296-20-200 et. seq. for unspecified permanent partial disabilities, while specified permanent partial disabilities are rated via the AMA Guides to the Evaluation of Permanent Partial Disability, Fifth Edition.

Who Can Claim An Injured Worker’s Posthumous PPD Award?

Either a statutory survivor or a representative of the injured worker’s estate can claim the worker’s posthumous PPD award and will be substituted as the primary party in the worker’s industrial injury or occupational disease claim. RCW 51.32.040(2)(a) provides that posthumous benefits will be distributed according to the worker’s will or, if no will exists, consistent with the intestate succession statute at RCW 11.04.015.

What is the Statutory Basis of a Posthumous PPD Award in Washington?

RCW 51.32.040(2)(a) provides that if a worker dies from an injury or other cause unrelated to their workers’ compensation (L&I) injury or occupational disease, the worker’s survivors are eligible to receive all previously unliquidated claim benefits and/or a PPD award.

Did the Law Always Provide for Posthumous PPD Awards in L&I Claims?

No. In Zahler v. Dep’t of Labor & Indus., 125 Wn. 410, 217 P. 55 (1933), the Washington Supreme Court found that under the originally enacted version of RCW 51.32.040, permanent partial disability benefits did not survive an injured worker’s death so could not be paid to a widow or surviving children. Reacting to the decision, the Washington legislature modified RCW 51.32.040 to provide for protection of awards after the injured worker’s death.  However, the Washington Supreme Court thereafter initially found that the statutory modification would apply only to awards already decided but not yet distributed at the time of the worker’s death. Albertson v. Dep’t of Labor & Indus., 28 Wn.2d 750, 184 P.2d 53 (1947); Curry v. Dep’t of Labor & Indus., 49 Wn.2d 93, 298 P.2d 485 (1956). A sharply split, five-to-four Washington Supreme Court last re-affirmed this harsh rule in Urban v. Dep’t of Labor & Indus., 75 Wn.2d 787, 454 P.2d 395 (1969). However, just two years later the Supreme Court would unanimously reverse itself in the case of Powell v. Dep’t of Labor & Indus., 79 Wn.2d 378, 485 P.2d 990 (1971). Ever since, posthumous time loss benefits and posthumous PPD awards have been available to the survivors of Washington’s injured workers.

How Can an Injured Worker’s Estate Claim Their Posthumous PPD Award?

The estate should secure a forensic expert medical analysis certifying the amount of the injured worker’s permanent partial disability (PPD) as of the date of the injured worker’s death. This analysis must be timely submitted to the Department of Labor & Industries. The Department will then make a determination which is subject to appeal rights.

What are the Leading Court Cases That Concern Posthumous PPD Awards?

In October 2006, the Board of Industrial Insurance Appeals decided In re James McShane (Dec’d), BIIA Dec., 05 16629 (2006), a Significant Decision which sets the current burden of proof for posthumous PPD claims. Meanwhile, Washington Law Center has long fought to expand the rights of injured workers and their beneficiaries, leading us to our current fight for an easier and more practical burden of proof in posthumous PPD cases. Whereas the Board in McShane ruled that injured workers must prove how the severity of their industrial condition would have resulted had they received all appropriate medical care before dying (an unrealistic legal requirement given that the Department and Self-Insured Employers often impede worker’s from obtaining proper and necessary medical care over such lengthy timeframes that the proofs become entirely speculative and can then be rejected on that basis), we are fighting for a more realistic legal standard that posthumous PPD awards should be based only upon the injured worker’s condition at the time of their death, unless the Department can prove that it had already authorized or was going to authorize specific additional treatments (which can then be considered). See a link to our Appellant’s Brief to Division 1 of our Washington State Court of Appeals here.

Who Should You Contact About Claiming A Posthumous PPD Award?

You should contact the experienced workers’ compensation attorneys of Washington Law Center regarding any L&I injury or occupational disease claim in which the injured worker has recently died, whether from causes related or unrelated to their L&I claim. The posthumous PPD claim process can be frictional and require litigation for the injured worker’s survivors to prevail. Strict time limitations and other technicalities for claiming posthumous benefits apply, so please act with appropriate haste. Time is of the essence for these types of claims. Contact us today.

Overview and Insights from Washington Law Center

Facing a deposition can be a stressful experience, especially in personal injury cases such as car accidents or sexual abuse. At Washington Law Center, we understand the importance of being fully prepared, and we are here to support you through every step of the deposition process.

Understanding Depositions

A deposition is a key part of the discovery phase in legal proceedings. It allows the defense attorney to ask questions in a controlled environment before your trial. Unlike a trial, you will not be in front of a jury, and the responses you provide should be spontaneous rather than rehearsed. This process helps to put a real face to the insurance files and gives you the opportunity to present facts in your own words.

Preparing for Your Deposition

Before any deposition, you and your attorney will discuss issues specific to your case, questions you should expect and any concerns you have. Although every deposition is unique, the following should be considered in every case:

• Dress Code: You should dress as if you are attending a formal meeting. While a suit and tie are not necessary, business casual attire is appropriate. Please avoid casual wear, such as sweats and shorts.
• Transportation and technology: If your deposition is in-person, make sure you have reliable transportation and are familiar with the location so you do not get lost. If your deposition is through Zoom or over the phone, test your internet, speakers and microphone well in advance so you can log in smoothly and avoid interruptions. 
• Review Prior Statements: We recommend reviewing any written statements you made during the discovery process to refresh your memory. If you do not have these documents, we will ensure you receive them in advance.

Deposition Scope and Duration

• Scope of Questions: Depending on the nature of your claim, questions may vary in breadth. For shorter-term injuries, expect more focused questions; lifelong impairments might lead to a broader inquiry.
• Personal Background: At the beginning of your deposition, questions will likely cover your residential history, employment history and education to establish a baseline understanding of your life prior to the incident.

Discussing the Incident and Prior Events

• Previous Injuries and Medical History: If relevant, you will be asked about prior medical treatments or injuries to help determine whether and how they relate to your current claim.
• Incident Details: You will be asked to provide detailed information about the incident itself, your actions before and after, and any available evidence such as photos or witness statements.

Injuries and Damages

• This segment focuses on the specific injuries and damages you are claiming, exploring how they have affected your life and your reasons for pursuing certain treatments over others.

Legal Strategy and Preparation

• Attorney Role: Your attorney will prepare you for the expected topics and help strategize your responses. It is crucial to communicate openly with your attorney about any concerns or questions.
• Document Review: Make sure you are familiar with all relevant case documents to ensure your answers remain consistent and accurate.

Key Takeaways for a Successful Deposition

1. Understand the Setting: Remember, a deposition is not a trial – it is a chance to explain your side of the story in a less formal environment.
2. Be Prepared for Broad Questioning: While your answers should be truthful and spontaneous, being prepared on all fronts will help you respond confidently.
3. Show Up Appropriately: First impressions matter – being punctual and dressing appropriately can influence not only the tone of the deposition, but how you are viewed by people evaluating your case.
4. Review and Refresh: Go over all pertinent details of your case to ensure the clarity, consistency and accuracy of your testimony.

Conclusion

A deposition is a significant step in your legal journey, but with the right preparation, you can handle it with confidence and poise. At Washington Law Center, we are committed to providing our clients with the necessary support and guidance throughout this process. If you are preparing for a deposition, contact us today for expert advice and representation.

When it comes to safeguarding your financial stability and well-being after a vehicle accident, Uninsured Motorist (UIM) coverage is a crucial consideration. Particularly in Washington, where the State’s minimum liability limits may not be sufficient to cover all expenses resulting from an accident, UIM steps in to provide the necessary financial support. With decades of experience, Washington Law Center strongly recommends UIM insurance to protect yourself, your family, and passengers from the economic impact of accidents involving underinsured or uninsured drivers.

Understanding UIM Insurance

UIM, short for Uninsured/Underinsured Motorist Coverage, is designed to compensate individuals in situations where the at-fault driver lacks adequate insurance to cover your losses. This insurance is particularly significant due to several factors:

1. High Costs of Medical Care:

   A single trip to the hospital following an accident can easily exceed the typical minimum liability coverage of $25,000 in Washington. UIM insurance helps cover these high costs, ensuring you are not left financially strained.

2. Increasing Number of Underinsured Drivers:

   More drivers are opting only for the minimum liability insurance required by law, which often is not enough to cover all damages and medical expenses incurred in an accident.

3. Increasing Number of Uninsured Drivers:

   Approximately one in seven drivers on the road do not carry insurance. This in and of itself is concerning, but when you consider the fact that uninsured drivers, for a variety of reasons, may drive with less caution, the likelihood of being injured by a driver without insurance is significant. 

4. Protection in Multiple Scenarios:

   UIM coverage is not just for accidents involving two vehicles. It also provides coverage in hit-and-run incidents and can extend to protect you if you are on a bicycle or walking as a pedestrian when struck by a vehicle.

Benefits of Having Uninsured Motorist Coverage

• Financial Security:

  UIM insurance acts as a financial safety net that steps in where at-fault drivers’ insurance is lacking.

• Broad Application:

  UIM coverage is versatile, extending protection to various situations including multi-vehicle accidents and accidents involving pedestrians and cyclists.

• Cost-Effective:

  Adding Uninsured Motorist Coverage to your existing policy is generally inexpensive compared to the significant coverage it provides. Starting with a policy limit of $100,000 is advisable for substantial protection.

• Legal Support:

  In the absence of sufficient coverage from the at-fault party, securing compensation through legal means can be challenging, particularly if the other party has limited assets. UIM insurance alleviates this burden by providing a more straightforward path to receiving the compensation you deserve.

Common Misconceptions and Overlooked Facts of UIM Insurance

• Misunderstanding Coverage:

  Many individuals decline UIM coverage to reduce their premium costs, not realizing the extent of protection it offers. This decision can lead to significant financial and emotional stress in the event of an accident.

• Assumption of Full Coverage:

  It is a common mistake to assume that having basic auto insurance equates to full coverage. Without UIM, you may find yourself unprotected against drivers with insufficient or no insurance.

How to Ensure Adequate UIM Protection

1. Review Your Policy:

   Regularly review your insurance policy details to confirm that you have adequate UIM coverage. Adjust your coverage limits based on your financial situation and risk exposure.

2. Consult with Professionals:

   Engage with your insurance broker, or an experienced attorney from Washington Law Center, to understand the nuances of UIM coverage and how it can be tailored to your needs.

3. Perform an Individual Analysis:

   Consider your daily commute, the driving habits of those in your household, and the financial implications of potential accidents to determine the appropriate level of UIM insurance.

If you currently lack UIM coverage or have insufficient limits, now is the time to act. Contact your insurance provider to discuss adding or adjusting your UIM coverage. For personalized advice and assistance in understanding the full benefits and implications of UIM insurance, reach out to the experts at Washington Law Center. Protecting yourself and your family from the unforeseen consequences of an accident is not just a precaution—it is a necessity.

Yes. Although the Department of Labor & Industries may initially deny authorization for implanted spinal cord stimulation devices, the Board of Industrial Insurance Appeals and higher state courts may still order that the treatment be provided. 

In Washington State, the Department of Labor & Industries initially adopted a formal policy to automatically disapprove Spinal Cord Stimulation (SCS) procedures, effective 09/29/2008. The Washington State Health Technology Clinical Committee formally disapproved the use of Spinal Cord Stimulation to treat neuropathic pain on 10/22/2010. However, most private insurance carriers and Medicare covered the procedure for appropriate patients by no later than 2015. 

Eventually, under mounting pressure from medical and legal advocacy groups seeking to ensure that injured workers could receive highest-quality healthcare utilizing SCS, the HTCC undertook a review of these technologies beginning in August, 2023.

Draft findings and a Draft Decision were scheduled to be published on May 24, 2024, with a public comment period open thereafter. The draft recommendation was to provide coverage for failed back surgery syndrome; non-surgical refractory back pain, and painful diabetic neuropathy. HTCC’s draft recommendation was against coverage for SCS as a treatment for complex regional pain syndrome. The HTCC’s final evidence report can be seen here. The final findings and publication date was set as June 26, 2024.

What is Spinal Cord Stimulation?

Spinal Cord Stimulation involves using a mild electrical signal to block chronic pain signals that would otherwise travel up a patient’s spine to their brain. The interruption of that pain signal, called neuromodulation, helps some chronic pain patients exit a pain process in which the body first signals pain from a noxious circumstance and then the brain interprets that signal to convince the patient they are still in severe pain even if the noxious circumstance no longer exists. 

How Long Has Spinal Cord Stimulation Been Used?

The National Institutes of Health states that Dr. Normal Shealy first used Spinal Cord Stimulation successfully in 1967, with the first commercially-available Spinal Cord Stimulator introduced by Medtronic in 1968. It is now considered to be a “staple of chronic pain management for various conditions including failed back syndrome, chronic regional pain syndrome, refractory radiculopathy, and chronic post operative pain.”

In modern times, with greater awareness of the dangers of pharmacologic pain management, dorsal column spinal cord stimulation has become “a staple of interventional management of chronic pain.” Medicare approves the procedure for appropriate candidates.

Who Is A Proper Candidate for Spinal Cord Stimulation?

An Experienced Pain Management Specialist, Neurosurgeon, or other highly-qualified specialist physician will conduct a patient-specific evaluation. A temporary trial with an exterior placement of wires is utilized to confirm that a patient is a proper candidate and to determine the likely best stimulation pattern for the patient. If the trial exterior placement helps control the patient’s pain and increase daily activities, then longer-term implantation may proceed. 

Proper Candidates for Implantable Spinal Cord Stimulation may include those with chronic or intractable pain caused by:

• Failed Back Syndrome
• Non-Surgical Refractory Back Pain
• Diabetic Neuropathy
• Lumbosacral Arachnoiditis
• Nerve Root Injuries, Post-Surgical or Post-Traumatic, Including for Post-Laminectomy Syndrome (Failed Back Syndrome)
• Complex Regional Pain Syndrome
• Phantom Limb Syndrome Unresponsive to Other Medical Management
• End-Stage Peripheral Vascular Disease, Where Revascularization Cannot Be Accomplished
• Post-Herpetic Neuralgia
• Cauda Equina Injury
• Incomplete Spinal Cord Injury
• Plexopathy

Medicare considers Spinal Cord Stimulation to be “experimental or investigational” for all other indications. The Washington State HTCC has recommended similar criteria, but even when the Department of Labor & Industries disapproves an authorization request, the injured worker may still appeal.

Medicare pays for Permanent Implantation of a Spinal Cord Stimulator (SCS) if the patient has adequate documentation to support the physician’s recommendation, including that a patient should experience a successful trial associated with at least a 50% reduction of target pain, or a 50% reduction of analgesic medications, and show some element of functional improvement (excluding those with CRPS, for whom improvement can only be expected with longer term utilization than is available through a typical trial).

Again, Department of Labor & Industries criteria are similar, but injured workers should be aware that they can appeal any denial of coverage decision to a judge or jury.

Who Is Not A Proper Spinal Cord Stimulation Candidate?

Improper candidates for SCS may include those with:

• Major Psychiatric Disorders, including somatization
• No Partial Sparing of the Dorsal Column Fibers (Total Paraplegia) Of the Treated Area
• Severe Disease Likely to Interfere with Neuromodulation Procedures
• An Active and Untreated Substance Abuse Disorder
• Ongoing Requirement for Therapeutic Diathermy
• Severe Cognitive Impairment Preventing Informed Consent or Operating the Device

Who May Provide Spinal Cord Stimulation Procedures?

Spinal Cord Stimulation is only appropriate if the treating physician possesses training and expertise acquired within the framework of an accredited residency and/or fellowship program in the United States, or equivalent. This is not a procedure that can be performed by mid-level providers, Chiropractors or non-specialized physicians. 

Are There Risks to Spinal Cord Stimulation?

Yes, the complication rate ranges by study, from the easily-correctable all the way to further nerve injury, paralysis, need for further surgery, or even death in very rare cases. The treating specialist physician will advise their patient about these and other risks and then make a collaborative decision together with their patient about whether the potential benefits outweigh the potential risks. The Washington State HTCC primary ranking criteria for SCS list safety as “medium,” efficacy as “high,” and cost at “medium.”

What is the Success Rate of Spinal Cord Stimulation Treatment?

The Cleveland Clinic reports that “The success rate for spinal cord stimulators depends partly on the condition they are treating and the device type.” The Cleveland Clinic also reports that “about half of people see more than a 50% improvement in their pain.”

However, one potential downside is that some patients report decreasing effectiveness of spinal cord stimulation over time, meaning that initial success for some patients may not be durable as some patients would hope. The decision to proceed is a decision that requires careful thought and appropriate due diligence.

What Law Firm Fights for Spinal Cord Stimulation Treatment for Injured Washington Workers?

Washington Law Center is experienced in filing and winning appeals for all types of medical procedures sought by injured workers, including with respect to Spinal Cord Stimulation procedures. Please call Washington Law Center for a free consultation today.

Page author:  Spencer Parr, Partner and Experienced Litigator at Washington Law Center