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Washington Personal Injury Questions & Answers
2 Answers | Asked in Criminal Law and Personal Injury for Washington on
Q: Involved in 7-Eleven fight, hospitalized. Seeking advice on legal actions for defense or compensation.

I was directly involved in a fight at a 7-Eleven store and ended up going to the hospital for my injuries. The police were contacted, and there's surveillance footage from cameras inside the store. What steps should I take regarding any potential legal actions, either for defending myself or... View More

Emery Brett Ledger
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answered on Jun 17, 2025

If you were injured in a fight at a 7-Eleven, there are two sides to evaluate: your legal defense if charges arise, and your right to compensation for your injuries.

1. Defense: If police were called and there's surveillance footage, your first step should be to retain a criminal...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Hospitalization issues: missed medications leading to panic attacks and harm, seeking legal options.

I was hospitalized for three days, during which I didn't receive my anti-psychotic medications and my high blood pressure medications were canceled. They also didn't provide the correct dosage of medications. As a result, I experienced severe panic attacks and felt like I was having a... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 16, 2025

Yes, you may have a potential medical malpractice claim under California law if the hospital's failure to provide necessary medications or correct dosages caused you harm, such as severe panic attacks or cardiovascular symptoms. Under MICRA, non-economic damages for pain and suffering are... View More

1 Answer | Asked in Medical Malpractice, Consumer Law and Personal Injury for Washington on
Q: Can blurred vision after misadvertised lenses in eye surgery be medical malpractice?

I underwent eye surgery and received lenses that were misadvertised. Since the surgery, I have been experiencing blurred vision. Can I get legal advice on whether this may constitute medical malpractice and what steps I should take?

Eliza Jasinska
Eliza Jasinska
answered on Jun 16, 2025

Yes, blurred vision after receiving misadvertised lenses during eye surgery may constitute medical malpractice if the surgeon failed to inform you of the risks or misrepresented the benefits and performance of the lenses. Under California’s MICRA law, you may recover up to $430,000 (as of 2025)... View More

2 Answers | Asked in Workers' Compensation, Personal Injury and Civil Litigation for Washington on
Q: What to do if a flower shop refuses slip and fall claim after injury?

I was helping out at my friend's flower shop to repay a loan when I fell and broke my arm. I used my employee insurance for treatment. Now, my union is asking for a slip and fall claim to be filed, but the shop is refusing. There were no witnesses to the fall; only people who helped... View More

Emery Brett Ledger
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answered on Jun 6, 2025

Without knowing all the facts here is my best answer for now:

Since you've been injured in a slip and fall incident while helping at a flower shop and the shop is refusing to accept your claim, here are the steps to take next—especially given the added complexities of using your...
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4 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: What is the typical contingency fee for a hospital malpractice case in WA?

I want to understand the process of suing a hospital for malpractice in Washington State due to a surgical error. Specifically, what is the typical contingency fee for a lawyer handling such a case?

Steve Dashiak
Steve Dashiak
answered on May 30, 2025

Med mal cases almost always need to be litigated. For a simple personal injury case in litigation, a 40% contingency fee would apply. Complex med mal cases can be more - 45% or even 50%, depending on a number of factors.

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2 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for Washington on
Q: How to file a police report for an assault and legal expectations afterward in WA?

I was a victim of an assault and have not yet filed a police report on my behalf. There were witnesses to the incident. I'm looking for guidance on how to file the report and would like to know what to expect in terms of legal proceedings afterward.

Patrick Owen Earl
Patrick Owen Earl
answered on May 27, 2025

You can hire an attorney for guidance and clarification on how to do this but you wouldn't be eligible for the appointment of an attorney. This is your only option for representation. You could talk with the victim coordinator at the prosecutors office too. But contact with them depends on... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for Washington on
Q: Injured by a company's negligence at home, seeking legal advice in Washington.

I was seriously injured in my home by a company I hired to clean my belongings, including furniture, on October 4, 2024. Their employee was negligent with the equipment used, resulting in my broken ribs, hernia, gallbladder issues, and eventually affecting my ability to walk. Due to the severity, I... View More

Emery Brett Ledger
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answered on May 23, 2025

Thank you for sharing the details of your situation. We're very sorry to hear about the serious injuries you've suffered and understand the profound impact this has had on your life.

When an injury results from the actions or negligence of a company or its employees, you may have...
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2 Answers | Asked in Employment Law, Workers' Compensation, Civil Litigation and Personal Injury for Washington on
Q: Can I negotiate a stronger severance or return to work with legal leverage in WA, and does accepting severance waive my L&I protections?

I have been medically cleared to return to work following a work-related injury, but my employer has offered me a 'firm and final' severance package of 8 weeks base pay with no merit increase. The package includes a one-sided non-disparagement clause, waives all claims, and pressures me... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

A severance agreement is normally intended to resolve all of an employee's potential claims, except those claims that cannot be waived as a matter of law. Examples would be worker's compensation and unemployment claims.

Further, Washington's silenced no more act prohibits...
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Q: Should I file a discrimination complaint pro se by May 24 to preserve claims or wait for legal counsel?

I'm pursuing a discrimination and retaliation case against a state agency, with my EEOC/state agency filing deadline on May 24, 2025. Multiple law firms have declined to represent me due to case complexity, involving systemic retaliation, APS misuse, and defamation. I have strong direct... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

If you wait too long to file, the statute of limitations will bar your claims. If you cannot get a lawyer, lay out the facts and all possible claims in your complaint as best you can, to protect against the statute of limitations. You can then delay serving the complaint to buy more time to seek... View More

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3 Answers | Asked in Bankruptcy, Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Washington on
Q: Am I liable for a lawsuit if driving for a bankrupt company?

I was driving for a company and performing my job duties when an accident occurred, resulting in both vehicles involved being totaled. The company initially said they would handle the situation, but it has since gone bankrupt. Now, I've received a lawsuit despite having personal insurance... View More

Emery Brett Ledger
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answered on May 8, 2025

I'm sorry to hear about your situation. Navigating liability after a car accident while performing job duties can be complex, especially when the employer has declared bankruptcy. Here's an overview based on Washington State law:

1. Employer Liability Under Vicarious Liability...
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3 Answers | Asked in Bankruptcy, Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Washington on
Q: Am I liable for a lawsuit if driving for a bankrupt company?

I was driving for a company and performing my job duties when an accident occurred, resulting in both vehicles involved being totaled. The company initially said they would handle the situation, but it has since gone bankrupt. Now, I've received a lawsuit despite having personal insurance... View More

Emery Brett Ledger
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answered on May 8, 2025

In California, if your partner or spouse—who is not listed on your auto insurance policy—drives your car with your permission and causes an at-fault accident, your insurance company may still provide coverage under the "permissive use" provision. However, there are important nuances... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Washington on
Q: Can Kaiser be liable for health issues due to forced medication change?

I need guidance regarding my husband's situation with Kaiser Permanente. Over a year ago, he was moved from Humira to Amjivera, despite our objections, which led to severe health problems. He is in managed care and cannot go outside Kaiser's network. We have documentation showing our... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2025

A Washington attorney could advise best, but your question remains open for a week. I'm sorry for your family's ordeal. From a textbook standpoint, it's possible you could, if you could demonstrate that the decision was a departure from a requisite standard of medical care. But from... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Washington on
Q: Hit-and-run accident after police chase: delay insurance claim?

I was involved in a hit-and-run accident resulting from a police chase. The police have apprehended the driver at fault, but I am unsure if they have insurance. I hold comprehensive, collision, and underinsured motorist coverage, but I have not been in contact with the driver's insurance or... View More

Steve Dashiak
Steve Dashiak
answered on May 7, 2025

There is no reason to delay. The determination of insurance coverage for the other driver could take a while. Also, people running from the police are more likely than average to not have any insurance. You should get your car repaired under your collision coverage. Since it wasn't your fault,... View More

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2 Answers | Asked in Intellectual Property, Trademark, Libel & Slander and Personal Injury for Washington on
Q: Can someone claim my IP after abandoned trademark application and threats?

I have been receiving phone calls threatening to take away my rights to the image and work I created. I started a trademark application for them several years ago, but it was marked as abandoned due to failure to respond; I may have missed a communication. The callers have not disclosed who they... View More

Patrick A. Twisdale
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answered on Apr 6, 2025

There has been a rise in reports of scammers targeting individuals with threats related to their intellectual property. These bad actors often try to intimidate creators by making unfounded claims, and sometimes even misuse the name of a legitimate attorney or invent a fake organization to seem... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Seeking legal advice for misdiagnosis of osteomyelitis aureus leading to severe surgery.

In 2022, I went to a doctor for severe neck pain and was misdiagnosed, leading to injections and physical therapy that didn't alleviate my symptoms. Over two years, my condition worsened, resulting in severe pain down my right arm and high sensitivity in my fingers. In May 2024, I had... View More

Robert L. Teel
Robert L. Teel
answered on Apr 14, 2025

Statutes of limitation require you take timely action after your injury (or after you discover your injury). There’s also an outside limit of filing medical malpractice cases with few exceptions. However, the limitations period may be extended by a year if you make a good-faith request for... View More

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2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Washington on
Q: Find out if prosecution decisions are pending in a Vehicle Assault DUI case from 2003 in WA.

My friend was involved in a head-on car accident in August 2003 and was charged with a DUI, which later changed to Vehicle Assault DUI at the hospital. The case went under investigation, and we were waiting for blood sample results from the state, which took over a year. Despite the case supposedly... View More

Stan Glisson
Stan Glisson
answered on Mar 24, 2025

2003? Or 2023?

I would have a lawyer handle it if I were the friend. You want them to be able to investigate and find out where the case is, but not in any kind of way that might make his situation worse. It's certainly possible that sample is still at the lab for testing, or that the...
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4 Answers | Asked in Personal Injury and Employment Law for Washington on
Q: Can the class teacher be held responsible for negligence in Washington?

Can the class teacher be held responsible for negligence? During another teacher's class, a student pushed another, resulting in minor injuries. The class teacher learned of the incident only after it occurred and didn't respond in the class WhatsApp group as it was a police matter. The... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2025

Addendum - Although I previously said that it was not a case that I felt local law firms would be enthusiastic about learning more about, the fact remains that the family may want to learn about applicable timetables to take action. If the matter involves a public school system, this could mean... View More

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4 Answers | Asked in Personal Injury and Employment Law for Washington on
Q: Can the class teacher be held responsible for negligence in Washington?

Can the class teacher be held responsible for negligence? During another teacher's class, a student pushed another, resulting in minor injuries. The class teacher learned of the incident only after it occurred and didn't respond in the class WhatsApp group as it was a police matter. The... View More

Mat Cleary
Mat Cleary
answered on Mar 19, 2025

Highly unlikely. The teacher would have to have more or less intentionally allowed the conduct to occur. In most public or semi-public settings, a person is not responsible for the unlawful acts of another. For example, a bus driver is not going to be held responsible if one passenger punches... View More

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4 Answers | Asked in Personal Injury and Employment Law for Washington on
Q: Can the class teacher be held responsible for negligence in Washington?

Can the class teacher be held responsible for negligence? During another teacher's class, a student pushed another, resulting in minor injuries. The class teacher learned of the incident only after it occurred and didn't respond in the class WhatsApp group as it was a police matter. The... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2025

If the parents were able to pursue a theory based on failure to supervise, it might be difficult to find a law firm that would be interested, due to the injuries being minor. I'm glad the injuries were not serious and hope the victim is okay (from a PERSONAL standpoint), but from the... View More

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1 Answer | Asked in Personal Injury and Criminal Law for Washington on
Q: What are my self-defense rights during a road rage incident in a parking lot?

I was parked in a designated spot when a man exited his vehicle and aggressively hit my car, demanding that I move. Although no one was harmed, a heated argument ensued. Do I have the right to defend myself in such a situation?

Cristine Beckwith
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Cristine Beckwith
answered on Mar 8, 2025

Hello, while you can use reasonable and necessary force to protect yourself and your property, you would want to exercise as much restraint as possible. If you were to strike this man, law enforcement could determine that (in their opinion) you were the aggressor and charges could result.

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