Benjamin Nivison is a results-oriented personal injury attorney and counselor who believes that exceptional client service starts with a genuine interest in and understanding of each client’s unique circumstances. No two cases are precisely the same because no two clients are precisely the same. Benjamin is at home and at his best when helping his clients navigate and resolve high-stakes disputes involving substantial potential damages and layers of complexity. Benjamin focuses his practice on the resolution of claims on behalf of injured people and their families and has significant experience trying catastrophic personal injury cases, medical negligence claims, products liability actions, and wrongful death matters. Over the course of his career, he has also had marked successes bringing consumer protection and whistleblower matters on behalf of members of the public. Benjamin has handled matters through trial and appeal in both state and federal courts, as well as in various administrative settings.
Prior to joining Rossi Vucinovich, Benjamin was a litigation attorney associated with two well-known Pacific Northwest law firms. He was a significant part of case teams defending matters for insurance companies and large corporations, and he became intimately familiar with the bullying culture such litigation so often reflects. Too many cases were treated by insurers as wars of attrition, with little regard for the fact that people and their families on the other side were suffering in very real ways. Benjamin lost his appetite for that type of work, and he began to shift his practice toward helping the proverbial “little guy.” This culminated with him joining Rossi Vucinovich in 2016, where he now is able to draw upon his prior defense experience to help drive positive results for his clients.
- $11,000,000. Confidential Parties. King County Washington policy limits settlement of wrongful death matter related to negligent use of construction site heavy machinery.
- $1,015,000 Kellogg vs. Ralph’s Concrete Pumping, Inc.King County, Washington jury verdict in favor of construction worker injured when an overhead concrete pump failed and dumped liquid concrete on his head, neck, and back.
- $3,350,000. Catastrophic Injury / Products Liability. Client construction worker severely injured when heavy construction machinery began moving unintentionally, due to safety violations and negligent product design.
- $3,250,000 Million– Medical Malpractice – Retained Surgical Instrument.
Philadelphia County, Pennsylvania jury verdict in medical negligence case in which defendant surgeon left a foreign body in client’s abdomen following surgery. Last pre-trial offer from the defense was $75,000.
- $1,500,000. Medical Negligence. Improper medical care during delivery resulted in the death of a newborn child.
- $1,697,262.19 – Hallstrom; Levanen v. Johnston. Settlement of Clark County, Washington head-on motor vehicle collision, in which clients suffered multiple orthopedic injuries.
- $1,042,420.03 – United States ex. rel. Wittenberg v. PUD No. 1 of Skamania County – Represented whistleblower in this settlement of a False Claims Act (FCA) case arising from alleged fraudulent underpayment to federal government by local utility commissioners.
- $1,000,000 – Guzman v. Archer Atlantic, LLC. Insurance policy-limits settlement of King County, Washington case in which commercial truck driver client suffered severe injuries in single-vehicle rollover trucking accident. Client alleged that negligent maintenance and repair of commercial tractor and trailer caused the crash.
- $713,000 – McGuire v. BNSF Railway Co. – Pierce County, Washington jury verdict in favor of 59-year-old locomotive engineer injured in a railyard collision during low-speed switching maneuvers. Non-surgical injuries to neck and back. Last pre-trial offer from defendant railway was $100,000.
- The University of California, Hastings College of Law (J.D., Concentration in Civil Litigation, 2007)
- The University of Southern California, (B.A., 2004, cum laude)
Select Articles, Publications & Speaking Engagements
- Instructor, Advanced Business Contracts: Recent Developments in Judicial Interpretation and Enforcement (NBI CLE Course, 2015)
- Instructor, The Affordable Care Act & Personal Injury Litigation (NBI CLE Course, 2014)
- Instructor, The Intersection of Law & Nursing (Seattle University CLE / MCE Course, 2012)
- Instructor, Ethics of Pro Bono Practice (Lorman National CLE Course, 2011)
- Doing Business in Washington Deskbook, Chapter 4: “Distribution Alternatives” (WSBA and Washington Department of Commerce, Joint Publication, August 2010) (Co-author)
- “Federal Judges Provide Guidance to King County Young Lawyers” (De Novo, WSBA YLD Bulletin, April 2010)
- “Punitive Damages in Claims for Maintenance & Cure” (Client Update, July 2009)
- “Ensure a Jolly Holiday Gathering” (Puget Sound Business Journal, December 2008)
- “It’s a Small World, All Right – Now How Do I Sue? International Service of Process under the Hague Convention” (KCBA Bar Bulletin, August 2008)
- “New Law Has Major Liability Implications For Product Manufacturers and Sellers Doing Business in Washington” (De Novo, WSBA YLD Bulletin, July 2008)
- “SLAPP Some Sense into Uncle Sam: The Call for a Federal Uniform Anti-SLAPP Statute” (Seminar Thesis, Fall 2007)
- “A Battle of Microscopic Proportions: How Article XXXV of the California Constitution Has Become the New Bioethics Battleground” (Note Topic, Summer 2006)
- “Personal Injury from A to Z” (Liens and Subrogation Made Simple, 2018)
Professional & Community Activities
Admitted to Practice
- Washington State Courts
- United States District Court, Western District of Washington
- United States District Court, Eastern District of Washington
- United States Court of Federal Claims
- United States Court of Appeals, Ninth Circuit
- Multiple Pro Hac Vice admissions
- 2012-2019 Washington Rising Star, Super Lawyers
- Rated 10.0 out of 10 by AVVO.com
- 2013-2018: Top 40 Lawyers Under 40, American Society of Legal Advocates
- 2015-2018: Top 10 Attorneys Under 40, National Academy of Personal Injury Attorneys
- 2015: Top One Percent, National Association of Distinguished Counsel