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Washington Civil Litigation Questions & Answers

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 didn't... Read more »

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 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 deed... Read more »

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 »

1 Answer | Asked in Business Law, Civil Litigation, Personal Injury and Sexual Harassment for Washington on

Q: Could a business be sued for reckless endangerment or negligence for not banning a known sexual predator who reoffends?

The businesses are a social dancing venues, and the person in question has been accused of sexually assaulting at least four people, and has a history of consent violations and inappropriate behavior going back many years. The businesses continue to hire this person, knowing his history, and he... Read more »

Ali Shahrestani, Esq. answered on Dec 26, 2018

That business might be sued for negligence by victims of the employee. If the employee has committed any crimes, such as assault, the victim can call the police to report this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for Washington on

Q: I was assaulted by another customer in a restaurant and the customer was on drugs...do I have a case against them?

I did not know the customer he was just seated behind me and did that. I'm injured pretty bad in the face and the employees there were very rude to me after the incident for bleeding all over they're carpet. I feel this is wrong do I have a case here...and if I do...where do I start?

Ali Shahrestani, Esq. answered on Dec 26, 2018

You may have a case for intentional tort against your attacker and a case for negligence against the restaurant, and you can report the crime to the police as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Health Care Law and Insurance Bad Faith for Washington on

Q: If a Washington State (exempt) agency committed fraud can they be sued?

If a Washington State (exempt) agency knowingly false reported, selectively deleted protected permanent records, committed fraud and theft $588,000 and intentionally neglected claimant to cause death can they be sued under tort law?

Tim Akpinar answered on Sep 23, 2018

You would need to discuss this with a Washington attorney at the soonest. I do not practice in Washington but your question was not picked up for four weeks. If you are contemplating legal action, you should consult with an attorney without delay because there could be notice of claim filing... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Bad Faith and Insurance Defense for Washington on

Q: How does an insurance company settle claims when their insured are both parties of an MVA? How do they "sue" themselves?

My friend was involved in a three car collision recently. She was rear-ended by a vehicle which slammed her car into the car ahead of hers. The same insurance company that insures my friend is the same insurance carrier for the individual's vehicle that slammed into her from behind. The vehicle... Read more »

Stan Glisson answered on Jul 26, 2018

It's handled by different divisions within the company normally. Happens all the time, but I understand what you are saying; it looks like a clear conflict.

Then of course if her carrier pays some of her medical bills, it can require compensation from the other driver's insurer; yes, the...
Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Washington on

Q: Is it possible to file a second claim on an injury?

Christopher M. Davis answered on Jun 14, 2018

In some circumstances it may be possible to pursue a secondary claim for a personal injury. An example of this might be if the first third-party claim was settled for the full policy limits but that the damages exceeded the policy limit amount. You should consult with an attorney about the specific... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Washington on

Q: My kid broke her leg in London -- is it possible to sue the responsible party in the US?

Christopher M. Davis answered on Jun 14, 2018

While ultimately there are a number of different factors that can impact this issue, jurisdiction for a personal injury matter is typically determined by the location of the incident which caused a person's injury. It is unlikely that you would be able to pursue a lawsuit in the U.S. for this... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Child Support for Washington on

Q: My girlfriend is having issues with her ex to pay his half stated in the parenting plan of child care.

Her ex when she let's him know he's suppose to pay half of child care tells her to take him to court what are he options since she can't afford an attorney and the parenting plan is 5 yrs old and his montly payment is $500 for three children. How should she go about taking care of this to ensure he... Read more »

Andrekita Silva answered on Apr 2, 2018

She can contact DCS (Division of Child Support) and ask that they collect for her. Although all past due child support bears interest, they will not collect that for her. It can take DCS a long time but they will do this for her at no charge.

If EX has a job, she should consider hiring a...
Read more »

1 Answer | Asked in Civil Litigation for Washington on

Q: Please interpret Line 4 of WAC 246-809-035.

It states in part "The licensed counselor must keep all clients records for five years following the last visit."

Thank you

Andrekita Silva answered on Apr 2, 2018

You do not provide a context for the WAC. But, it means exactly what it says. That a licensed counselor must keep records for 5 years. The WAC goes on to specify what should be included in "records". Many counselors make the fewest notations possible to avoid disclosing confidences in the event... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Washington on

Q: What is the felony harassment statute of limitations in washington state?

Stan Glisson answered on Apr 2, 2018

Most felonies are three years.

http://app.leg.wa.gov/rcw/default.aspx?cite=9A.04.080

1 Answer | Asked in Civil Litigation, Car Accidents and Employment Law for Washington on

Q: I am searching for US case law to establish myself as an owner operator ( independent trucker ) for a lawsuit

I was in an accident. The other driver was at fault. The company I was leased to filed a claim against my loss thereby screwing up my case. The insurance company is awaiting proof of ownership even though I sent them my contract along with my claim

Peter N. Munsing answered on Nov 30, 2017

There are several claims you may have. For what was in the truck, for damage to the truck or trailor, for your damage (injury/medical bills/lost wages).

I suggest you contact a member of the State of Washington Assn for Justice--they give free consultations.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Constitutional Law for Washington on

Q: Can I sue Walmart?

Last summer I was arrested for a crime that occurred at a Walmart store.I told them I didn't do it but the clerk positively identified me. I was arrested and did a week in one jail where I was beaten up and my two front teeth knotted out I also had blood in my urine. Then I was finally bailed out... Read more »

Vincent J. Bernabei answered on Oct 3, 2017

You may have a valid claim against Walmart for false arrest and related claims. You should contact an attorney in your area to determine whether your claim is worth pursuing. It is truly unfortunate that you had to go through such an ordeal because of faulty eyewitness evidence. Studies... Read more »

1 Answer | Asked in Contracts, Civil Litigation, Collections and Legal Malpractice for Washington on

Q: Have make payment on the 1st . It falls on the weekend they're closed next Day now want to charge me interest ,legal?

They called me before the due date saying pay today , becuase were closed on the weekend and also that Monday . So if you pay Tuesday you will be charged interest . I'm essentially being forced to pay interest . Is this legal ? I feel I was entrapped into making the interest payment . They are... Read more »

Jeffrey Michael Haber answered on Jan 6, 2017

As a general matter, due dates that fall on a weekend or holiday get pushed to the next business day. However, there is not enough information to know whether this applies to your situation. Your summary does not explain the context in which the money is owed, and whether there is an agreement... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Washington on

Q: What is valid service of process? Can improper service set aside a judgement? Does service have a SOL?

Peter N. Munsing answered on Dec 19, 2016

Each state has its own rules and law on service of process. For instance to answer your second question depends on the state's body of laws regarding that--some states say you must ring it up sooner, some say later.Some states require that the process be reissued.It's not for non-lawyers

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Sexual Harassment for Washington on

Q: I'm an author looking to write a realistic account of what happens to a character who commits a crime.

Character attempts to kidnap child, is caught and arrested before he can succeed. Child is unharmed. Character confesses a sexual interest in the child, however, has committed (nor attempted) no prior crimes whatsoever. Any information about this proceeding will be helpful, but specifically my... Read more »

Paul Stanko answered on Oct 9, 2016

An attempt to commit a crime is still a crime, so attempted kidnapping is the likely charge. Possible penalties are set by state and/or federal law, and any sentence would be within the range allowed by law. Predicting the actiual sentence would be impossible.

1 Answer | Asked in Civil Litigation for Washington on

Q: can a lawyer call me and tell me to stay away from their client ?

I would think that the attorney's request would only be legal if its in writing?

Charles Snyderman answered on Jun 21, 2014

An attorney can only ask that you stay away. Neither a written or verbal request from an attorney is legally binding. Only a court can issue a no contact order.

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