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Questions Answered by Steve Dashiak
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 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 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...
Read more »

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 Car Accidents and Civil Litigation for Washington on
Q: I'm having trouble finding an attorney to handle a property damage claim in Tacoma WA. Where do I go?

I've checked attorney matching websites w no success No personal injury involved

Steve Dashiak
Steve Dashiak
answered on Jan 20, 2023

Well, depending on the specifics of the claim, there might only be 2 "property damage" firms in all of Washington. I don't believe either is on any of the attorney matching sites. I'd google "property damage attorney Washington" and look at the first organic result.

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Washington on
Q: I am a defendant in a lawsuit. I was served a package of papers today. I am on a time schedule. The papers tell me to

I am a defendant in a lawsuit. I was served a package of papers today. I am on a time schedule. The papers tell me to contact an attorney immediately. I need to find an attorney. How?

Steve Dashiak
Steve Dashiak
answered on Jan 11, 2023

There isn't enough information here to give a full answer. One critical fact would be what type of lawsuit this is. Based on the categories you've selected, I am presuming you are being sued for injuries stemming from a car accident for which you were at fault.

If that's the...
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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 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.

1 Answer | Asked in Personal Injury for Washington on
Q: In a class action lawsuit is it a standard practice for law firms to sub contract to 2nd law firm

I am lookin for legal rep for a bad drug class action suit and I noticed high legal fees in regards to contracting a firm due to them sub contracting to a 2nd law firm

Steve Dashiak
Steve Dashiak
answered on Jun 17, 2022

There ARE circumstances where the fee can go up in a mass tort case, but you would have been notified and signed a joint representation agreement at the start. The fee should total 40% + costs for cases in litigation, give or take. The fee doesn't go up just because another lawyer is involved... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Sexual Harassment for Washington on
Q: How much will a lawyer charge to represent me in a sexual abuse claim against a Catholic priest in Seattle?

I know a lawyer won't charge me up front I just want to get an idea of how much he would take when I win my case. Thank you

Steve Dashiak
Steve Dashiak
answered on Apr 21, 2022

The standard fee for personal injury cases, including sex abuse cases, is 1/3 of the total recovery plus costs advanced. If the matter goes to litigation, the fee goes up to 40% plus costs advanced.

I commend your bravery in coming forward to get some justice. I wish you the best.

1 Answer | Asked in Civil Litigation for Washington on
Q: How to you respond to a summons when there is no case number on it and it was not even served correctly?

I was served papers at an address that I have not lived at for 4 years and I just by chance was given them by the current tenant. There is no case number on the papers and the debt has already been paid. How do I respond to these papers with no case number?

Steve Dashiak
Steve Dashiak
answered on Oct 25, 2021

This is a great question.

In short: you should reach out to the attorney whose address is noted in the paperwork, and send them proof the debt is paid. If it is, that will be the end of it. If the debt isn't actually paid, you should draft and file an answer to the complaint. There are...
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1 Answer | Asked in Workers' Compensation for Washington on
Q: When should I hire an attorney to appeal a permanent partial disability claim?

Was awarded workers comp for acute leukemia caused by chemicals. Had several permanent physical changes (kidney issues, permanent ostomy, ostopenia, heart issues, sterile) due to extensive treatment and bad reactions to treatment. Workers comp only awarded PPD for one of the physical changes... Read more »

Steve Dashiak
Steve Dashiak
answered on Aug 18, 2021

I say this as someone who is not a workers comp attorney: Please, never go through a WA workers compensation claim without an attorney again. It's possible you've left an enormous amount of money on the table. People get fee sensitive when thinking about workers comp attorneys, knowing... Read more »

2 Answers | Asked in Personal Injury and Tax Law for Washington on
Q: As the title holder am I held liable for what the registered drives does? Accidents? Death?

My brother wants to transfer multiple vehicle titles into my name to avoid them being seized for child support payments.

Steve Dashiak
Steve Dashiak
answered on Jul 21, 2021

A better question would be "am I committing fraud if assets are transferred in my name solely for avoiding creditor payments". The answer would be YES.

There's something called the Uniform Fraudulent Transfer Act. It's called the Uniform Voidable Transfer Act in...
Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I need advice on starting negotiations for my pain and suffering settlement because of a car accident.

Arbitration determined the other party was 100% at fault. dash cam footage shows the driver turned sideways on the freeway right in front of us. My husband was driving, I was in the front passenger seat and our 13 month old daughter was in the back in her carseat. We all went to the ER, but not via... Read more »

Steve Dashiak
Steve Dashiak
answered on Jul 21, 2021

There are a lot of layers to what you just described. You're basically asking us to help you screw up your case. Unfortunately, you have already put a dent in your case's value. If you have an attorney take over, they could probably smooth that out. But, what you're proposing would... Read more »

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1 Answer | Asked in Car Accidents for Washington on
Q: Insurance doesn’t cover auto loan in settlement of accident. No gap insurance. Can i sue the other party for remainder?

I’m not at fault, other party is at fault. Can i take other party to small claims for the remaining value of my auto loan?

I owe $29k on loan, settlement is $21k. Can i sue for remaining $8k?

Steve Dashiak
Steve Dashiak
answered on Mar 11, 2021

In terms of a total loss vehicle settlement, you are entitled up to the fair market value of your vehicle. You're not entitled to anything more than that - meaning you are hosed if you didn't buy gap insurance. It's a hard lesson. It's possible the same dealer will let you roll... Read more »

1 Answer | Asked in Personal Injury, Traffic Tickets and Car Accidents for Washington on
Q: I was in a car accident in my mother's car. I was not injured my girlfriend is a little sore and banged up.

I'm just wondering if I should obtain a legal services

Steve Dashiak
Steve Dashiak
answered on Mar 9, 2021

More information would be needed to fully answer this.

The most critical question here is: were you at fault for the accident, or was someone else?

Other critical questions include:

- does the at-fault party have insurance

- do you have liability insurance...
Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Washington on
Q: My brother in law got ran over what are his options? He developed health problems that doctors can't diagnose

The responsible driver ran him over and hit multiple cars. We are not sure what types of compensation he is eligible for, and we do not know if a DUI test was performed on the responsible driver. The responsible driver only has liability insurance. What type of lawyer should he get?

Steve Dashiak
Steve Dashiak
answered on Feb 11, 2021

There's a lot to unpack here. You want to call a personal injury attorney. You'll want to see what insurance policies are out there to pay for all of this. It's worth your time to give a personal injury attorney a call.

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1 Answer | Asked in Personal Injury for Washington on
Q: i worked at glass company as a machine operator got sick from the chemical being used in the metal window

i was hospitalized for ten days with a breathing problem in my lungs this was over 10 yrs ago which has been a problem for me

Steve Dashiak
Steve Dashiak
answered on Feb 11, 2021

It sounds like you may have an occupational disease. Unless some 3rd party (read: not your employer) was responsible for your condition, you are likely limited to a workers' compensation claim. You don't state whether you still work there or not. The deadline for occupational diseases is... Read more »

1 Answer | Asked in Products Liability, Car Accidents and Collections for Washington on
Q: My rental car was stolen while I had the keys on me and now I'm being asked to pay for the vehicle. Is that right?

I was originally told I wouldnt be held responsible since I was in possession of the keys

Steve Dashiak
Steve Dashiak
answered on Jan 6, 2021

I'm sorry that happened to you. The process here will be dictated by the contract with the rental car company. Assuming you have insurance, the worst case scenario is you've got to pay the deductible for your own insurance company.

1 Answer | Asked in Products Liability for Washington on
Q: knee replacement has come loose needs replacement has never been right from the start now what?.

problems since 2013 at least 4 clean out surgeries and pain since it was put in

Steve Dashiak
Steve Dashiak
answered on Dec 28, 2020

I'm terribly sorry this happened to you. You're going to need to know the make and model of the knee replacement before calling an attorney. There are many lawsuits filed for medical devices such as this. They are contested until the very end, but you may very well have a claim.... Read more »

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