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1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Q: I was a backseat passenger wearing a seat belt when the car I was in was involved in a collision with another vehicle.

No citations, no police, no insuance. The driver of the car has no valid DL nor insurance. The owner was in the passenger seat and was not carrying license. And, i dont think the car is presently insured, possibly no title and unknown about registration. This happened this past weekend. What court... View More

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2025

A Washington attorney could advise best, but your question remains open for four weeks. I'm sorry about your accident. The questions you raise are valid ones, and they show good analysis. The last question you pose may be the most practical one, in terms of whether there are competent... View More

1 Answer | Asked in Animal / Dog Law and Divorce for Washington on
Q: Do I need to keep the dog until the divorce is final or can I start looking for another home for her?

My husband and I are renting a house but we do not have a current lease. When we moved in 8 years ago, he paid a pet deposit but it was not for the dogs we have now. I recently filed for divorce and he moved out (he was living in his travel trailer and drove away with this in the middle of the... View More

Merry A Kogut
Merry A Kogut
answered on Jan 16, 2025

It's hard to think of pets this way, but under Washington State law, they are considered "personal property" (as opposed to real property, such as a house).

If I understand correctly, your husband inherited the dog in question. If so, the dog is separate property - the dog...
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1 Answer | Asked in Family Law for Washington on
Q: Can I obtain POA on my 22 year old non-verbal autistic son? I had guardianship of him but it expired 3 months ago.
Merry A Kogut
Merry A Kogut
answered on Jan 10, 2025

Thank you for submitting your question to Justia - I've been an attorney since 1986, and have a long history of working on guardianships (which are now divided into guardianships and conservatorships).

Your son can sign a POA only if he fully understands what he is signing, agrees...
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1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: I wasnt paid all my hours at my old job, they refused to pay me after I asked.

I had permission from my manager to skip lunch due to my i.b.s, and that it wouldn't be deducted from my hours, surprise surprise in my final paycheck every lunch was deducted and I never got paid for those hours I worked. it's a family owned business so once I reached out to h.r or... View More

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

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is...
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1 Answer | Asked in Personal Injury for Washington on
Q: I was a passenger in a vehicle that was hit head on by drunk driver and received the most injuries I need help?

On May 15th I was a passenger in my truck that was hit head on by a uninsured drunk driver, I sustained a fractured hip which needed surgery to replace and a metal plate inserted to hold it in since it broke the rim of my pelvis, I still have limited mobility 6 months later, I didn't know... View More

Robert Gregg
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answered on Jan 9, 2025

Unfortunately with this scenario, it appears that what you are saying, is that the intoxicated driver was not insured, and that you did not have underinsured coverage either. Given that there is not an insurance policy to open a claim with, there is not recovery available. You could potentially,... View More

2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Merry A Kogut
Merry A Kogut
answered on Jan 7, 2025

I'm sorry to hear about your salary issues. Generally, there is definitely a minimum wage in WA, with very few exceptions (such as restaurant servers). You can read all the details on this page, and if you believe that your employer is wrong, you can file a complaint here, too. Also,... View More

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2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Brad S Kane
Brad S Kane
answered on Jan 6, 2025

Your employer is incorrect. The salary threshold is based on a 40 hour week, not a part-time week.

The Department of Labor and Industries provides a chart showing the required minimum weekly earnings at:

https://www.lni.wa.gov/forms-publications/f700-207-000.pdf

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1 Answer | Asked in Wrongful Death and Health Care Law for Washington on
Q: If a building was demolished in 2017 asbestos was found 4 people that worked there have died from cancer, what can I do?

Believe asbestos & other hazards found in demolished school has caused multiple cancer related deaths of individuals that worked at this school and unknowingly affecting other staff and students who attended. Needing help to figure out where to go with these concerns so the people/ school... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

Although seven - eight years have passed since the absestos affected the people, there may still be a possibility of a lawsuit if the connection to the events in 2017 with the cancer was only recently discovered.

Because the defendant will be a public entity (school) and perhaps one or more...
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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Washington on
Q: II am a pastor of the Church in Washington state. What state bylaws should we follow in our church?

We have many immigrants from different countries and I as a pastor I need to find a proper way to explain my members that we have to respect not just Bible requirements and our Church By-laws, but we also should take into account By-laws of the state where we live in.

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

In Washington State, your church will need to follow the Revised Code of Washington (state statutes passed by the legislature) and also the Washington Administrative Code (rules (also called regulations) passed by state agencies.

Some of the ones that may apply to a church that come to mind...
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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Washington on
Q: I had an inappropriate text relationship with a higher up at work.

It ended abruptly. Ever since, he's been treating me poorly, jerking me around, and I think he's trying to get me to quit. I would like to push back because my quality of life is suffering and I'm not going to be forced out of the company.

Unfortunately I do not have all the... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

I'm so very sorry you're going through this. I have a lifetime of employment discrimination/sexual harassment experience, even before law school (I was a discrimination investigator at the Washington State Human Rights Commission).

First, write out a timeline for your...
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2 Answers | Asked in Divorce and Family Law for Washington on
Q: If our agreement contains nothing about my possible income, does my Ex has the right to lower the support payment?

I divorced 6 months ago. After 24 years of marriage. I was a housewife all those years. Ex husband and I signed an agreement that he would pay me spouse support before my death or until I remarry. Also, I raise our 9-year-old daughter. Spouse support does not cover all needs and I started work. My... View More

Merry A Kogut
Merry A Kogut
answered on Dec 27, 2024

If the judge in your divorce case approved the agreement in which your ex-husband is to pay you a certain amount per month, your ex cannot on his own just decide to start paying you less - if he tries to do that, I suggest you file a motion and set up a hearing in front of the judge to consider... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I was a backseat passenger wearing a seat belt when the car I was in was involved in a collision with another vehicle.

No citations, no police. The driver of the car was driving without a valid DL. I am told he has an out of state license but he did not have it on his person. The owner was in the passenger seat and was not carrying a license either but does have one in good standing. The MVC happened this past... View More

Merry A Kogut
Merry A Kogut
answered on Dec 25, 2024

First off, if either the driver or the owner of the vehicle in which you were a passenger has automobile insurance, ask them for a copy of their insurance card, and file a claim with their insurance company. If neither has insurance, contact your OWN insurance - auto or homeowners may cover you in... View More

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1 Answer | Asked in Family Law, Probate and Legal Malpractice for Washington on
Q: Can my lawyer Bill me for working with the opposing counsel to retrieve things that I didn't have to return?

I am the beneficiary as well as the administrator of a will the daughter of the deceased was disinherited because she had nothing to do with her father ever until the house was up for sale her lawyers asked my lawyers for the ashes of the deceased because I had mentioned that she hadn't even... View More

Merry A Kogut
Merry A Kogut
answered on Dec 25, 2024

I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or... View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: If my landlord changes guest parking into tenants parking are they required to notify you

There is a provision in my lease that designates what our assigned parking spots are

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

Under Washington State’s Residential Landlord-Tenant Act (chapter 59.18 RCW), the rules about parking changes depend on the terms of your lease agreement and the extent to which the change affects your rights as a tenant.

Key Considerations

Lease Agreement Controls:

If...
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2 Answers | Asked in Tax Law, Consumer Law and Contracts for Washington on
Q: Can a car dealership demand more money after purchasing a car due to “tax miscalculations”?

Hi! I live in Washington state. I bought and shipped a car from Illinois, and they correctly charged me the Washington state taxes and fees for the car. I financed the car, which out the door cost $37.7k before any down payment. Now, about 2 weeks after buying the car, the dealership called me to... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

This situation raises important questions about contract law and your rights as a consumer in Washington State. Here’s an analysis:

Key Legal Considerations

Binding Contract:

The purchase agreement you signed with the dealership is a legally binding contract. It should...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Am I being treated unfairly and a victim of work place retaliation after reporting safety concerns about a new coworker?

My manager hired a man who has a lengthy history of DV and he is aggressive verbally to our female co workers. I looked at his legal history and discovered the charges. I brought it to the attention of the manager and she said that we should avoid pushing his buttons. Her boss found out about the... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.... View More

1 Answer | Asked in Small Claims for Washington on
Q: regarding a potential small claims case. I have an individual who borrowed a lump sum of money an is not paying

I have a friend who borrowed a lump sum of money and is not paying. I’m wondering if it is possible to take them to small claims court even though we do not have a signed agreement.

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

A Washington attorney could advise best, but your question remains open for three weeks. It could depend on what additional proofs exist that a loan was made - notes, emails, cancelled checks, etc. 'No guarantees in a case like that - it could depend on the quality of the evidence, the... View More

1 Answer | Asked in Medical Malpractice for Washington on
Q: I would appreciate your guidance on whether I should accept this settlement or pursue further action.

I am seeking legal advice regarding an incident that occurred during a dental procedure. While a dentist was working on my tooth, the dental burr—a rotary tool used to cut and shape the tooth—fell off the handpiece and ended up in my throat. I started choking but eventually swallowed it.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2024

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. No one here can tell you to accept or decline an offer - that's a personal decision (also, the post does not include a figure). The most definitely way to answer your question... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Washington on
Q: Cruise ship involved,Allen Marine Tours my work, Princess Cruise bus - possibly princess cruise ship, search medical cen

I have had episode s of amnesia and in and out of consciousness,wondering off while at baseball game,not remembering what I ate a restaurant with boyfriend,gone unconscious while on jet horizon airlines thrown off airlines mask mandate I'm a professional hairstylist,lost in Seattle public bus... View More

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

I'm sorry for your ordeal. It isn't fully clear what damages you are claiming here are. I hope you did not sustain injury, but if you did, the most logical starting point would be to try to set up a free initial consult with an attorney. An attorney would need to sort out some basics, in... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Washington on
Q: Cruise ship involved,Allen Marine Tours my work, Princess Cruise bus - possibly princess cruise ship, search medical cen

I have had episode s of amnesia and in and out of consciousness,wondering off while at baseball game,not remembering what I ate a restaurant with boyfriend,gone unconscious while on jet horizon airlines thrown off airlines mask mandate I'm a professional hairstylist,lost in Seattle public bus... View More

Masoud Jahani
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answered on Nov 8, 2024

The legal issues that may be raised based on the provided text include potential claims of negligence, personal injury, and possibly medical malpractice. The episodes of amnesia, unconsciousness, and wandering off could be indicative of a serious medical condition that was not properly addressed or... View More

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