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Ben Wells and Associates
Practice Areas
Contact Details

Ben Wells & Associates
210 East Third Street
Arlington, WA 98223

Phone: 360-435-1663
Email:

Our Attorneys Get Results

Sexual Abuse

We represented a minor who was the victim of sexual molestation by a family member.  The abuse was severe and lasted at least several months, possibly longer.  Our client sustained physical and emotional injuries, including nightmares.  The case was litigated and we obtained a settlement of $1.6 million dollars without our client having to endure a deposition.

Professional Negligence

We represented a family who hired a structural engineer to design a large retaining wall at the site of their new home.  The structural engineer’s design was not in accordance with the recommendations outlined in the geotechnical report.  The retaining wall failed, damaging equipment on the scene and barely missing the homeowners and others on the scene.  As a result of the failure, the homeowners experienced significant delay in the construction of their home and incurred substantial expenses.  The case was settled at mediation for a confidential amount.

We represented two neighbors who purchased adjoining lots with the intention of building their dream homes.  When the lots were purchased, the seller agreed to install an access road as a condition of the sale.  The Purchase and Sale Agreement was poorly drafted by the realtor, who represented all parties involved in the sale.  The seller failed to install the access road in accordance with the contract.  The realtor breached his fiduciary duties to our clients by advocating for the seller in the resulting dispute.  Our clients sustained financial damages due to the delay in building their homes.  One of the client’s sustained damges related to his home-based business as a result of the delay.  A lawsuit was brought against the seller and realtor.  The case was settled at mediation for $500,000.

Sexual Molestation / Insurance Disputes

We represented teenage girls who were molested by the manager of their place of employment.  We brought suit against the employer for negligent hiring and supervision.  The employer’s insurance carrier refused to provide insurance coverage to the business owner for the claim.  The business owner assigned to our clients the right to pursue a bad faith claim against the insurance carrier for failing to provide coverage.  The case was settled for $200,000.

Insurance Disputes

Our client came to us after the statute of limitations had expired for her personal injury claim against a driver who was insured by Allstate.  Allstate had failed to notify our client that her statute of limitations would soon expire, as required by Washington state law.  Allstate realized their error and had offered to settle the case for approximately $5,000.  We sued Allstate for a violation of the Consumer Protection Act and settled the claim for almost $60,000.

We represented a woman who was injured in a rollover motor vehicle collision who sustained injuries to her neck, back, shoulders, and feet, along with headaches.  We obtained a recovery for her of $100,000, which was the total amount of money available to her from the insurance policy of the at-fault driver.  Her medical bills of almost $35,000 had been paid by State Farm Insurance, the insurance carrier for the car that she had been riding in.  We advised State Farm that we believed that they were not entitled to reimbursement of the bills they had paid under Washington law.  State Farm argued that the policy had been issued in Oregon and demanded reimbursement according to Oregon law.  We successfully argued that Washington law applied and were able to obtain a complete waiver of State Farm’s PIP lien.

We represented a woman who was involved in a motor vehicle collision who sustained an injury to her knee and an aggravation to her pre-existing low back problem.  Her doctor advised that she will need a total knee replacement in the future.  We obtained $50,000, the policy limits from the at-fault driver, and proceeded with a claim under our client’s $50,000 Underinsured Motorist coverage with The Hartford.  The Hartford refused to pay their policy limits, so the case proceeded to arbitration where an arbitration panel awarded our client $250,000.  We made a bad faith claim against The Hartford for their failure to make a reasonable settlement offer.  The bad faith claim was settled for an additional $35,000 for our client.

Motorcycle Collisions

We represented a motorcyclist who was struck by a commercial van that turned left in front of her.  She sustained fractures to her wrist and knee requiring surgeries.  The case was settled prior to trial for $600,000.

Motor Vehicle Collisions

We represented a woman who was involved in a near head-on collision with a semi truck on Highway 9. She suffered severe leg fractures and facial injuries. We filed suit against the semi truck driver and the trucking company for negligence in crossing the center line and losing control of the vehicle. We filed suit against the State of Washington due to the asphalt rutting on the highway in the location where the collision occurred. The total combined recovery was $997,000. There was significant litigation and the matter was settled on the eve of trial.

We represented an elderly woman who was injured when another driver turned left in front of her.  Unfortunately, the investigating officer at the scene determined that our client was traveling too fast and should have been able to avoid the collision.  Our client sustained a fractured heel in the collision, as well as back and neck injuries that required chiropractic treatment.  Our client had a complicated medical history, including fibromyalgia and chronic pain syndrome and had a long history of chiropractic treatment.  We settled the case for $70,000 without the need for litigation.

We represented a woman who was rear ended by an inattentive teenage driver with such force that her vehicle was sent into oncoming traffic where she was then stuck by an oncoming commercial vehicle.  Our client sustained injuries to her spine that required surgery.  The at-fault driver had $300,000 in insurance coverage that had to cover all of the damages stemming from the collision, including property damage to the commercial vehicle and the injuries that were sustained by the driver of the commercial vehicle.  We convinced the insurance carrier to apportion the funds so that our client received $200,000 of the available $300,000, and that all other damage claims would be distributed from the remaining $100,000.  We then obtained an additional $50,000 policy limit for our client from her own insurance company through her Underinsured Motorist coverage.

We represented a driver who sustained a chip fracture to his elbow and a fractured big toe when another driver attempted to cross Highway Two in front of him.  The other driver sustained significant injuries in the collision and could not recall how the collision occurred.  Despite the testimony of witnesses to the contrary, the insurance carrier refused to admit liability and argued that our client had swerved off of the road and struck their driver who was stopped at a stop sign.  Our client had incurred approximately $8,000 in medical expenses.  The case was arbitrated and our client was found to be fault free and was awarded $50,000.

Wrongful Death

We represented a minor whose father was killed while he was a passenger in a vehicle driven by a drunk driver.  The decedent’s wife, who was the drunk driver responsible for the death, argued that she should be entitled to recovery of the insurance proceeds because the deceased had terminated his parental rights with respect to our client.  We successfully argued that our client was entitled to inherit despite the termination of the parental rights of the deceased.  The case was settled for the policy limits of $150,000.  The estate of the deceased received a nominal amount, with the bulk of the recovery going to our client.

Premises Liability

We represented a minor who got his finger slammed in a door at a public restroom, resulting in the loss of a portion of his fingertip and an abnormality in the remaining fingernail.  Our investigation revealed that the city had failed to adequately maintain the hydraulic mechanism on the door in question, causing it to slam shut instead of closing in a controlled manner.  The case was settled for $70,000 without the need for litigation.

Animal Injuries

We represented a gentleman who was injured when his truck hit a cow in the road that had escaped from a nearby ranch.  Our client sustained a fractured kneecap resulting in surgery.  His doctor advised that he will require a total knee replacement in the future.  Our investigation revealed that the cow’s owner was known to keep his fences in disrepair and his animals were frequently loose.  The case proceeded to trial where a verdict of almost $400,000 was obtained.

Head Injury

We represented a woman who was in a collision when a construction truck crossed the road in front of her. She sustained a mild head injury, along with injuries to her neck, back and wrist. Her neuropsychological tests were "borderline" as to whether or not she had sustained a mild traumatic brain injury. She had flashbacks and nightmares of the collision and was diagnosed with post-traumatic stress disorder. The case proceeded to trial where the defense attorney argued that our client was faking her injuries. Prior to trial we obtained a judgment for her medical expenses of over $44,000. At trial the jury awarded her an additional $895,000 for pain and suffering and other non-economic damages for a total award of $939,482.04.




Regular Practice Areas

Accidents
Car Accident Attorney
Motorcycle Accident Attorney
Bicycle Pedestrian Injury Attorney
Brain / Head Injury Attorney
Construction Site Injury Attorney
Spinal Cord Injury Attorney

Insurance Law / Insurance Disputes
Insurance Attorney

Wrongful Death
Wrongful Death Attorney

Sexual Assault
Sexual Assault Attorney

Malpractice
Malpractice Attorney

Negligence
Nursing Home Neglect Attorney

PTSD
Post Traumatic Stress Disorder Attorney
Office Locations

Everett, WA Attorney
Arlington, WA Attorney
Mount Vernon, WA Attorney
 

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