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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

1 Answer | Asked in Employment Law and Contracts for Washington on
Q: Did not receive promised payment for attending virtual meeting in Washington.

I attended a virtual meeting over the phone, where all attendees were told we would be paid for our participation. However, five of us employees did not receive payment. Initially, we were assured we would be compensated, but a week later, we were informed that those who had to work the day of the... View More

Brad S Kane
Brad S Kane
answered on Jun 14, 2025

File a free online complaint with the Department of Labor and Industries for non-payment of wages at:

https://secure.lni.wa.gov/wagecomplaint/#/

If your employer retaliates against you for filing the complaint, you could end up with a larger retaliation claim against your employer.

2 Answers | Asked in Traffic Tickets for Washington on
Q: Does a school zone ticket need a "photo enforced" sign to be valid?

I received a photo ticket for speeding in a school zone. The sign at the location only indicated "radar enforced" and not "photo enforced." I was braking when the photo was taken, just past the 20 mph sign. The sign is visible in the video evidence provided. Does the ticket need... View More

Antone Alfred Weber
Antone Alfred Weber
answered on Jun 13, 2025

Typically the zone has to be posted, but without either your ticket or the location I could not say if it meets standard.

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3 Answers | Asked in Family Law for Washington on
Q: Can I get non parental visitation?

My sister died and my brother in law and I had a falling out when he moved a new woman into their home right away. He said we can’t have contact with my niece, which is hard on my son. My son is eight and my niece is nine. I feel like we are not as close as we used to be and would like to see her... View More

Merry A Kogut
Merry A Kogut
answered on Jun 9, 2025

I'm so very sorry to hear about your family situation.

In Washington State, an aunt/family can sometimes succeed in having a court grant visitation rights with a nephew. But it's not easy, and there are strict rules.

You would need to file a petition with the Superior...
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3 Answers | Asked in Family Law for Washington on
Q: Can I get non parental visitation?

My sister died and my brother in law and I had a falling out when he moved a new woman into their home right away. He said we can’t have contact with my niece, which is hard on my son. My son is eight and my niece is nine. I feel like we are not as close as we used to be and would like to see her... View More

Merry A Kogut
Merry A Kogut
answered on Jun 9, 2025

My apologies for the mistyped words/typos in my answer. I don't see any way to edit what I wrote.

I meant to say "any licensed attorney" and I meant to say "fortune," not "fortunate"

My sincere apologies for not having proofread my response to you...
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2 Answers | Asked in Immigration Law for Washington on
Q: What can I do about not submitting my final STEM OPT evaluation before SEVIS transfer?

I'm currently on an F1 visa with CPT work authorization. Previously, I was on a STEM OPT, which was transferred from my old school to my current school. Unfortunately, I forgot to submit my final evaluation for the STEM OPT on the SEVP portal before transferring out. The SEVIS transfer... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

If you failed to submit the final STEM OPT evaluation (Form I-983, page 5) before your SEVIS transfer, you should promptly contact your previous DSO and request that they upload the final evaluation retroactively to SEVIS. You can complete the evaluation now with your former employer and provide it... View More

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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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3 Answers | Asked in Internet Law, Federal Crimes and Criminal Law for Washington on
Q: Can I be in trouble for unintentionally visiting a site with illegal content?

While browsing online drawing sites, I clicked on an image that led me to a disturbing page with potentially illegal content. I immediately closed the tab upon realizing this. I did not report the incident or have any further communication related to it. Can I be in trouble for unintentionally... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Jun 1, 2025

As the other lawyer said you should be fine, however you need to take care if you ever travel with the device that you used when you saw this content. When crossing a border, authorities can demand to search your device, and if you refuse, they can retain it or bar you from crossing. When searching... View More

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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 Military Law, Constitutional Law and Criminal Law for Washington on
Q: Military larceny charge and Fourth Amendment rights issue in WA

I am currently serving in the military and was arrested and charged with larceny in Alaska, concerning a $32 watch taken during training, 14 days after the alleged incident. The military police claim CCTV footage shows me taking the watch, but I haven't been shown the footage or any images,... View More

Patrick Korody
Patrick Korody
answered on May 29, 2025

Generally to access bank account information they need a subpoena issued to the bank. However, businesses often turn over CCTV and internal records without subpoenas or search warrants since they want to facilitate the arrest/prosecution. Generally, the 4th amendment does not prohibit 3rd parties... View More

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2 Answers | Asked in Business Law, Contracts, Employment Law, White Collar Crime and Criminal Law for Washington on
Q: Former contractor threatens IRS claim, retaliation for theft investigation. What to do?

I have a former independent contractor who worked for me for less than two months. They chose their own schedule and used their own car for helping sell products at shows. I have a written contract stipulating their status as an independent contractor and indicating that any damages or losses due... View More

Merry A Kogut
Merry A Kogut
answered on May 27, 2025

I'm so sorry to hear you're in this situation, but you have done a great job by documenting everything ahead of time. You know more details than I do, but if you have documented everything that happened during the two months in which the person was an independent contractor for you,... View More

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2 Answers | Asked in Small Claims and Contracts for Washington on
Q: Can I file a small claims lawsuit in Washington for a car loan default of $4,135?

I loaned $4,135 for a car purchase, and repayment was discussed through text messages. It's been 2 weeks since the other party stopped making payments. Can I file a small claims lawsuit in Washington if I don't believe they will pay back?

Merry A Kogut
Merry A Kogut
answered on May 27, 2025

I am so sorry you may not get paid. Of course, you can file in Small Claims Court, and you can ask for repayment of the loan in full, plus interest, plus the cost of filing, plus the cost of service of process (it doesn't hurt to ask, but there's no guarantee the judge will award all... View More

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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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2 Answers | Asked in Child Support, Health Care Law and Family Law for Washington on
Q: Should insurance premiums be included in the child support worksheet?

I'm updating the medical support section of a child support order in Washington. It currently states that the father is ordered to provide private health insurance, and the other parent isn't required to pay for the children's health coverage since the father is providing health... View More

Yatong (Cecilia) Ju
Yatong (Cecilia) Ju
answered on May 23, 2025

Yes, if the father is providing private health insurance, the portion of the premium attributable to the children should be included on Line 11 of the Child Support Worksheet. This ensures the cost is factored into the support calculation, even if only one parent is ordered to pay it.

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3 Answers | Asked in Divorce, Tax Law and Family Law for Washington on
Q: Can I withdraw 401k funds for divorce legal fees, and are there penalties or taxes?

I am considering withdrawing funds from my 401k to pay for legal representation and legal fees related to my divorce. I am no longer an employee at the company that holds my 401k. I'm exploring if this is possible and what penalties or taxes might apply. Are there any regulations or... View More

Andrew J. Wyman
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answered on May 23, 2025

If you take money out of your 401(k) to pay for divorce legal fees, you’ll have to pay regular income tax on the amount you withdraw. If you’re under age 59½, you’ll also have to pay an extra 10% penalty to the IRS. Unfortunately, there’s no exception to this penalty for legal fees related... View More

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3 Answers | Asked in Divorce, Tax Law and Family Law for Washington on
Q: Can I withdraw 401k funds for divorce legal fees, and are there penalties or taxes?

I am considering withdrawing funds from my 401k to pay for legal representation and legal fees related to my divorce. I am no longer an employee at the company that holds my 401k. I'm exploring if this is possible and what penalties or taxes might apply. Are there any regulations or... View More

Yatong (Cecilia) Ju
Yatong (Cecilia) Ju
answered on May 23, 2025

Yes, you can withdraw funds from your 401(k) to pay legal fees, especially since you're no longer employed by the sponsoring company. However, unless you're over 59½ or qualify for a specific exemption, the withdrawal will be subject to income tax and a 10% early withdrawal penalty.... 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 Estate Planning for Washington on
Q: What Power of Attorney suits an 18-year-old's financial and healthcare needs in WA?

I have an 18-year-old child going off to college, and I want to ensure I can legally assist him if necessary. I'm considering a Power of Attorney for both financial and healthcare decisions to act as a "safety net." I prefer it to be effective immediately and remain in place until he... View More

Merry A Kogut
Merry A Kogut
answered on May 20, 2025

Thank you for being a concerned parent for your adult "child." That's great!

First off, I am a Washington State attorney, and can only address WA questions. If your child is going to school in a different state, your child should prepare documents that will be...
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