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Washington Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Landlord - Tenant for Washington on
Q: Will my apartment reimburse me for destroyed groceries.

My apartment building just came through checking for bad appliances, they spoke of my oven (which may I note was never replaced, but that's besides the point). My fridge was never spoken about and about a week ago my fridge just went. Unsure if the fridge just had a broken bulb I left it and... Read more »

0 Answers | Asked in Real Estate Law and Civil Litigation for Washington on
Q: What happens if a sale is forced on a property and one party is unreachable?

My fiance recently had to force the sale of the home he co-owned with his brother. He got permission and the house is now on the market. Since this time his brother has basically disappeared and is not reachable by phone or email and has been living out of his truck since a fire at the property... 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 Personal Injury, Civil Litigation and Civil Rights for Washington on
Q: Does this fall into tort of outrage or intent to inflict emotional damage?

Incident:

They took her into their office, stated they would be happy to meet with her alone and only alone, while knowing she was in and out the hospital, to bully her, and told her she was treated differently than her neighbors, because I, her daughter, spoke out about gentrification.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 27, 2022

A Washington attorney could advise best, but your question remains open for a week. It looks like you're talking about the tort of intentional infliction of emotional distress. To meaningfully answer your question, you could reach out to law firms to discuss. It could be one thing for a matter... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Washington on
Q: My house was sold in a foreclosure sale. There is 45k in excess funds held in the court registry.

For years, then turned over to the Dept of Revenue in Sept of 2020. There's a judgment filed by Chase bank with 0 balance. How do I get my money released to me.

Renee Louise Roman
Renee Louise Roman answered on Mar 14, 2022

You will need to contact an attorney who is familiar with this process, someone who can review the status of your claim and petition for release of these funds from the court registry. Through this process, judgment creditors of record (if any) will be notified, after which the funds can be... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Who is responsible for creating and filing the Findings of Fact and Conclusions? The judge?
Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

Usually either party can proffer their own version of a proposed judgment. The Judge does not have to use it, but may sign it, especially if there is no opposition from the other side. Sometimes the Judge announces he will draft and enter his own Judgment. Rule 59 Motions can be made to alter... Read more »

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...
Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Washington on
Q: I am being sued for personal injury and cannot find anyone to represent me. "services" does not show defense.

Every single office I have called says they prosecute, but do not defend. How am I supposed to defend myself??

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A Washington attorney could advise best, but your question remains open for a week, and time is of the essence in your reply to the summons and complaint. The problem you encounter is common. It is generally more difficult to find defense counsel than plaintiff counsel for personal injury matters... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Washington on
Q: If your neighbor logs on your land, do you sue the land owner or the logger, and which law backs that up?

Our neighbor is suing us for cutting down trees on "his" land, which is actually our land. (He is also suing us for a 30 x 330 ft portion of our land by claiming squatters rights as well as emotional damage etc. Its a disaster.) But I thought that if someone cut down trees on your land... Read more »

David C. Smith
David C. Smith answered on Sep 7, 2021

Generally, both the land owner and the logger can be held liable under the described circumstances. The issue, however is complex in your case because there is a dispute with your neighbor regarding who is claiming ownership of the property where the trees are located. But, to answer your... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for Washington on
Q: Maximum License Suspension

I have an unpaid judgement against me due to uninsured accident. My license has been suspended for 13 years. Shouldn't the suspension period be 10 years?

Stan Glisson
Stan Glisson answered on Sep 21, 2020

The judgment that suspended you may expire after 10 (or it can be renewed). But even if it expires, the license remains suspended until reinstated. It's possible that you are eligible to reinstate, but of course there can be multiple reasons that a license is suspended; while one expires,... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Washington on
Q: Can i sue if someone stole my keys to mycar and crashes and i had no insurance

I sold car to my neighbor two days prior to him crashing it....but the title was never changed...theres a police report saying he was driving

Tim Akpinar
Tim Akpinar answered on Aug 23, 2020

A Washington attorney could advise best, but your question remains open for two weeks. It could depend on who the legal owner of the car was at the time of the accident. It could hinge on proof in the form of documents for the sale of the vehicle. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Insurance Defense and Personal Injury for Washington on
Q: How often does a previous injury affect an auto-injury case? Without offering information about a previous injury.

I have a 5-year-old medical bill in collections from a previous injury that is in close proximation [on my body] (but not exact) to this auto injury I just had. Will this show up somehow and affect a possible case? It was in another state that I don't have a policy in or residency in.

Tyler Young
Tyler Young answered on Jul 1, 2020

Good question. Your issue is a common one in most personal injury cases. A reputable injury attorney knows how to deal with this.

You are only entitled to make a claim for the injury that was "caused" by the wreck in question. Whether that means a completely new injury or...
Read more »

4 Answers | Asked in Car Accidents, Civil Litigation, Libel & Slander and Personal Injury for Washington on
Q: A friend who is 17 of my daughters was driving her car and began excessively speeding real fast and there were 5 people

In the car and they all were pleading with him to slow down over and over but he refused to listen and he flipped the car and my daughter almost died and her friend was also hurt is it his responsibility to pay for damages?

Robert C. Hahn III
Robert C. Hahn III answered on Jun 16, 2020

I'm a Washington lawyer not an Oregon lawyer. The laws are likely different between the states. But you should go consult with a personal injury attorney in the state the accident took place as soon as you can, even if it is just over the phone. Your situation will likely have multiple... Read more »

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1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Bad Faith and Personal Injury for Washington on
Q: Does res judicata and/or collateral estoppel apply to a small claims judgment?

If a plaintiff succeeds in small claims court and receives a judgment, can the loser (defendant) later file a lawsuit in King County Superior Court over the same matter? This involves an auto accident in which each party blames the other. The matter was heard in King County District (Small... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

This is something a Washington attorney should advise on, as it involves state court practices. But your question remains open for three weeks. As a GENERAL matter, it's unlikely that a suit would be filed against you if the matter stems from the same claim/controversy and involves the same... Read more »

1 Answer | Asked in Bankruptcy, Real Estate Law and Civil Litigation for Washington on
Q: What kind of lawyer deals with a Timeshare Bankruptcy resulting in a lawsuit. Real Estate? Litigation?
Timothy Denison
Timothy Denison answered on May 6, 2020

Yes. Real Estate or Timeshare Purchase Companies.

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Washington on
Q: I was poked with a hypodermic needle in a public sherries restaurant bathroom that was in a toilet seat cover Dispe
Tim Akpinar
Tim Akpinar answered on Apr 10, 2020

I'm sorry this happened to you. There wasn't a question here, but if you're wondering whether this gives rise to a legal claim, it would depend on your ability to demonstrate negligence. You could consult with a Washington attorney to discuss in greater detail. Many attorneys who... Read more »

1 Answer | Asked in Contracts, Car Accidents, Civil Litigation and Insurance Bad Faith for Washington on
Q: Please read below

The petitioner was a secondary insured for Respondent. Petitioner totaled his car and submitted a claim to Safeco, he died 10 days later of a heart attack, not related to the accident. Safeco wrote the insurance check out to Respondent and Petitioner. I asked the insurance to write the check in my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Looks like you have to open an estate. If the decedent died because of his injuries there is a claim and you would want to speak with a member of the State of Washington Assn for Justice in the county where it happened--they give free consults.

1 Answer | Asked in Civil Litigation and Construction Law for Washington on
Q: My home was destroyed due to an incompetent roofer.

As part of roof repairs, my roof was removed, also a portion of my siding was removed. We had three days of heavy rains with no roof, the roofer didn't tarp my roof until the third day of the storm and by then every room in my house had water damage. My wife called him twice and he said we... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 24, 2019

As a starting point, you could contact an attorney to review the scope of the contract, determine if insurance coverage is available to cover the loss, and outline for you what damages are available to you under Washington State law.

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Washington on
Q: Lawyer/Business owner lied to us when we sold a business, and is trying to con us. What should we do?

Spouse and I sold a business to a lawyer and his friend. They retained us as independent contractors, and told us we could re-integrate as owners, and, have profit sharing. Three years later, neither is true after we have brought it to his attention multiple times. Now he tell us to wait longer for... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

I am guessing that you and your spouse did not have a lawyer to advise you when selling your small business to a lawyer and his friend; am I right? If so, then take the money you saved by not hiring a lawyer when you should have, add several more thousands of dollars to it and then go hire a lawyer... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Q: We moved to my mothers farm. She was going to deed it to us so we could put a house on it and she live with us.

I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.

My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... Read more »

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