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Washington Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Washington on
Q: A city works employee accidentally spilled chemical on my kids. They have chemical burns on their arms and face. Help

What is my best course of action? Should I seek legal representation or try to settle it with the city?

Steve Dashiak
Steve Dashiak
answered on May 31, 2023

I'm sorry this happened to your children. I know it was not intentional, but that is no comfort in cases like these.

In a case involving burns to your kids' bodies, you should definitely consult with a lawyer. If a government agency is willingly negotiating with you, it's a...
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1 Answer | Asked in Personal Injury for Washington on
Q: My truck was broken into at a dealership while it was awaiting repairs is the dealership liable?

They told me no because of the Third party clause in their documents but what constitutes a third party? they have security cameras but the manager is saying they probably don't have any footage because its something they've been working on it would this void that entirely? how can you... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

This is a personal injury/property damage case. Not possible to provide definitive answer without reading whatever documents you signed when taking the car in for service. Generally, it would seem that at the very least, the dealership has to obligation to protect your property while in their... Read more »

2 Answers | Asked in Personal Injury for Washington on
Q: I’m almost 62 and am interested in suing my childhood sexual abuser. Is it possible?

At age 8 our next door neighbor sexually assaulted me in front of his sister. Is it possible to still hold him accountable? I think by his personality type he would want to settle out of court monetarily in order to keep it all hush hush. I would need contingency based. I am realizing this is... Read more »

Steve Dashiak
Steve Dashiak
answered on May 16, 2023

It is possible, but there might be some practical limitations in play here. It completely depends on the circumstances and the extent of the abuse. An abuse case doesn't have these limits if there was some sort of agency (school, church, DSHS) that knew or should have known about ongoing abuse... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Car Accidents for Washington on
Q: Does a Proof of Representation or a Consent to Release allow an insurance adjuster access to all of my medical records?

I am in the middle of negotiating a settlement amount with the at fault drivers insurance company and they have sent me a Proof Of Representation and a Consent to Release form saying I have to fill out both in order to receive my settlement check. I am a Medicare recipient but have kept my... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Washington attorney could advise best, as it's possible some claim forms might be state-specific. In terms of release of medical records, a HIPAA form is generally used. Such forms generally provide for selection of the scope of medical information to be released (range of dates of service,... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Health Care Law for Washington on
Q: Why is someone listed as working at one law firm and can't be found on the website of a firm who I originally spoke to??

Firm A had recently contacted me about representing me for my injury case. I have done research on both firm A itself as well as the named attorneys B, C, D, & E who make up Firm A. About a week or so ago, I was suddenly contacted by a new attorney, F, who was familiar with my specific case,... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Washington attorney could advise best, but your question remains open for three weeks. There are a couple of possibilities. Attorneys regularly join and leave law firms. Sometimes firm websites might not reflect staffing changes quickly. Also, some law firms have relationships with "of... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I went to have my gallbladder removed and during the procedure my liver was torn and then cauterized. anything I can do?
Christopher Kirk Steuart
Christopher Kirk Steuart
answered on Feb 27, 2023

You clearly suffered an injury. The elements of medical malpractice include violation of the standard of care. If the doctor in performing the procedure failed to perform at the recognized standard of care you may have a case. That said if you suffered a loss is a critical component of the... Read more »

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2 Answers | Asked in Personal Injury, Criminal Law and DUI / DWI for Washington on
Q: Is there anyone that can help me to settle my claim for an accident caused by a drunk driver in Washington State?

I need to find an attorney that can help me in finishing my insurance injury claim. I have literally done 3/4 of the work (I believe) and I have obtained all of the documents needed to settle this case. These include my medical documents from my PCP and therapist notes and summaries for every... Read more »

Stan Glisson
Stan Glisson
answered on Feb 3, 2023

Of course, there are many attorneys who can assist. I don't do these personally, but if you want to call or email I'd be happy to make some referrals.

Otherwise, you can google search and I'm sure you could find someone.

Documenting your financial losses, as you...
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2 Answers | Asked in Personal Injury, Criminal Law and DUI / DWI for Washington on
Q: Is there anyone that can help me to settle my claim for an accident caused by a drunk driver in Washington State?

I need to find an attorney that can help me in finishing my insurance injury claim. I have literally done 3/4 of the work (I believe) and I have obtained all of the documents needed to settle this case. These include my medical documents from my PCP and therapist notes and summaries for every... Read more »

Steve Dashiak
Steve Dashiak
answered on Feb 3, 2023

I've had a number of cases where the prospective client thought they'd done almost all the work and just needed someone to land the plane. Every single one of them was put together in such a manner that I would have been better off just recreating the file from scratch. So, I would not be... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Washington on
Q: Where can I get help with my ongoing 3rd party claim with the other drivers auto insurance company in Washington State??

3rd time DUI offender plowed into our front yard, our fence, and our car at a high rate of speed. His car finally stopped only about 10 feet from the room in which we were at that morning. Our car was deemed a total loss as this was the only thing that stopped the driver from plowing right into our... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You're correct; this could be an overwhelming matter because of the number of elements it contains. You indicate seeking an attorney. Your best option is to reach out to... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Washington on
Q: personal injury WA state

so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:

Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 29, 2023

If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.

The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case...
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1 Answer | Asked in Insurance Bad Faith, Personal Injury and Car Accidents for Washington on
Q: What should I do when an insurance company keeps removing my uploaded documents on their claims website???

The insurance company continues to remove my documents that I have uploaded to their website and to which I was instructed to do so by the claims team. I have asked via text and email as to why this is happening and have not received a response. This has been happening every time I upload a... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2023

A Washington attorney could advise best, but your question remains open for two weeks. One option is to ask them if there is a technical glitch with either the site or the formatting of the documents, and if so, will they accept hard copies by certified mail. Also ask them if they are downloading... Read more »

1 Answer | Asked in Family Law and Personal Injury for Washington on
Q: Statute of limitations

Hello, If there's a statue of limitations, and it's expired, but there's a lawsuit which was filed in a timely manner BUT dismissed without a prejustice due to client's communication issues (couldn't reach the client), can it be reopened?

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2023

Yikes. You should fight like hell to have the Court reconsider the dismissal. And get a hold of the dang client! Whatever it takes. Pretend discipline from the bar is on the line.

You can re-file after the statute of limitations, but the case would likely be dismissed upon a motion by the...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Washington on
Q: personal injury complaint filed against city jail, trial set but lawyer quits- does statute of limitations date change?

Complaint for personal injury filed in Wa State King County Superior Court, (previously filed in federal court on civil right violations) before Covid in 2019, no progress for 2 years. Depositions began in 2022 and trial date set, then lawyer withdraws only months before trial. Does the original... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2023

The statute of limitations doesn't change, but you should ask the defense counsel to agree to a change in the trial date. Defense attorneys are usually happy to delay proceedings. If not, the Court is usually pretty understanding. Just make sure you haven't passed the deadline for... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Washington on
Q: How can I sue fit defamation of character involving a doctor

It has cause a misdiagnosis and possible damage

Or medical malpractice

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2022

A Washington attorney could advise best, but your question remains open for two weeks. Unless there's more to the matter, it would be a matter of medical malpractice, not defamation of character. Defamation means spoken or written words that cause harm to your dignitary interests (reputation).... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Washington on
Q: Can I say a law firm by name if that firm has given advice not representation 2 the insurance company in correspondence

I am battling a car accident settlement with insurance company alone. But was given advice from a good friend who is an atty and ceo at her law firm. I am not representited by the firm but given advice from that firm. When corresponding to the insurance company, can I mention the law firm name... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2022

A Washington attorney could advise best, but your question remains open for three weeks. You wouldn't necessarily be doing your friend a favor with something like that. If they handle work or hope to handle work with insurance carriers, it's possible that could cause them to get flagged... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Q: Can anyone answer my car insurance settlement question below please???

I am on SSDI & have medical insurance through the government. In July I was diagnosed w/ PTSD from an accident where a drink driver's car stopped less than 7 feet from our bedroom window (the room we were occupying that mornimg) going 60mph. Our vehicle was the only thing that stopped him... Read more »

Steve Dashiak
Steve Dashiak
answered on Dec 12, 2022

Yes, there's something called the collateral source rule that entitles you to the amount of the bills without regard to insurance. Link to pattern jury instruction below:... Read more »

1 Answer | Asked in Personal Injury for Washington on
Q: If my lawyer has a lean on my case, and my case he was representing gets dismissed by the court, does he has a right to

represent me again

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2022

A Washington attorney could advise best, but your question remains open for two weeks. Yes, it's possible he could. It would help to know additional details about the amount of work done to date and the nature of the dismissal. It looks like the dismissal was not fatal to the case and did not... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Washington on
Q: What type of lawyer is needed for a rental with toxic well water (e.coli found) & toxic levels of black mold?

I am writing on behalf of my brother’s family.

Their rental is on a well. Main well dried up -they are on the backup well - located up the hill. The water comes out of a uncovered tube. They’ve complained to their landlords & were told the water is fine -they won’t fix or drill a... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2022

A Washington attorney could advise best, but your question remains open for two weeks. You chose the correct categories to post under - landlord-tenant and personal injury. Those are the types of attorneys who would have insight into this. As a starting point, your brother could consult with a... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for Washington on
Q: PE teacher slapped back of daughters hand

My daughter is in middle school in Washington state. She went to school today wearing some wedged boots forgetting that today was PE. When she entered the gym both teachers surrounded her and belittled her. They also made her hold her hand out and slapped the back of her hand. Do I have any... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

A Washington attorney could advise best, but your question remains open for a week. I'm sorry this happened to your daughter. From the situation you describe, it's possible evidence could be of a fleeting nature in terms of video recordings or eyewitness recollection. You could reach out... Read more »

1 Answer | Asked in Personal Injury for Washington on
Q: If I already have a law firm but I am really not comfortable with can I hire a different one?
Steve Dashiak
Steve Dashiak
answered on Aug 30, 2022

Absolutely. It's important to be represented by someone you're comfortable with and can trust. You can either have your new attorney get the file from your old attorney, or get it yourself and forward it on.

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