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Washington Civil Litigation Questions & Answers
2 Answers | Asked in Landlord - Tenant, Family Law, Civil Litigation and Real Estate Law for Washington on
Q: Partner threw away belongings and changed locks after hospital stay. What are my rights?

I was in a relationship for over 20 years and lived with my partner. After being hospitalized for 5 months, my partner threw away my belongings and changed the locks on the residence, which is in his name. What legal rights do I have regarding this situation?

Merry A Kogut
Merry A Kogut
answered on Jul 1, 2025

I'm so very sorry to hear about what happened to you, and can't being to imagine what you went through/are going through.

Although I've been an attorney since 1986, I don't usually practice in this area. I'm not sure what, if anything, you may be able to do in...
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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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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

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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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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2 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for Washington on
Q: HOA entered my unit without consent during repairs. What actions can I take?

I was informed by my HOA via voice message that the crew needed interior access to my unit for building repair work. I was in Japan at the time, and I emailed them with my return date but received no reply. Upon my return, I discovered signs of entry in my unit, including the removal of the window.... View More

Mat Cleary
Mat Cleary
answered on Mar 19, 2025

The first step would be going through the HOA agreement to verify there are no other entry rights beyond the emergencies clause. They might have a general right with a certain notice period. If that is not the case, you could potentially have an argument for trespassing and damages, though the... View More

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2 Answers | Asked in Constitutional Law and Civil Litigation for Washington on
Q: Is it legal to record a phone call with a company in WA without permission?

I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal...
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1 Answer | Asked in Child Custody, Civil Litigation and Criminal Law for Washington on
Q: Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

My son's father and I have a residential schedule that states our son is to reside with me in Grant County, WA, but we do not have a formal parenting plan. I allowed him some parenting time, and now he refuses to return our son to me. The police and CPS have informed me this is a civil issue.... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this...
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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

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

Thank you for your question and really shocking set of facts. You have described the essence of embezzlement - the theft of money from an employer or business (or non-profit).

I suggest you put together an organized time line of what you know, with any financial records you can include,...
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1 Answer | Asked in Civil Litigation for Washington on
Q: What do you mean when you say pluse cost advance

Cost 40%pluse the cost advance to hire attorney

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2025

The 40% is the attorney's contingency fee - meaning if the case settles for $10k, the attorney gets $4k of it. Typically contingency fees in personal injury cases are 1/3 for pre litigation, and 40% for cases in which a lawsuit is filed. If suit is filed, costs can vary wildly. The attorney... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for Washington on
Q: In small claims, what if all evidence was not presented to defendant will judge still hear the case?
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Washington attorney could advise best, but your question remains open for a week.

The short answer is that it could depend on the judge and how material to the issue at hand the missing evidence is. As a general rule nationwide in small claims, the court is not likely to grant the same...
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1 Answer | Asked in Civil Litigation for Washington on
Q: Can I sue and prevail over a police officer who told me that they would tell me when my stalker was released from jail.
John Michael Frick
John Michael Frick
answered on May 28, 2024

Washington does have a crime victim/witness notification program. As long as you completed the appropriate form and have not changed your telephone number or address, or have updated your contact information if you did, you should have been notified.

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Washington on
Q: Should a magistrate judge inform a plaintiff about his or her previous work history?

When a Magistrate Judge, who use to work for the Attorney General's Office, has a defendant who also use to work for the same Attorney General's Office.....AND.....the defendant is being represented by an Attorney for the same Attorney General's Office...Should the Magistrate Judge... View More

James L. Arrasmith
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answered on May 19, 2024

When a magistrate judge has a past work history with the Attorney General's Office, and the defendant or their attorney also has ties to the same office, it raises potential concerns about impartiality. The judge should disclose this information to all parties involved. Transparency in this... View More

4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

James L. Arrasmith
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answered on May 17, 2024

While it is technically possible to file for Chapter 11, Subchapter V bankruptcy pro se (representing yourself without an attorney), it is generally not advisable due to the complexity of the bankruptcy process and the potential consequences of making errors in your filing.

Subchapter V,...
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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2024

Nationally, and for the last two decades at least, the success rate of the popular "save-the-house" Chapter cases has been less than twenty percent, even with bankruptcy counsel. Those cases run for three to five years, much like the Ch. 11 business reorgs.

The chances for...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Washington on
Q: What can i do legally about my boyfriend being held in custody after posting bond awaiting ehm for 30 days

The ehm people refuse to go get him from jail claiming there waiting for the jail to call them and tell them he's free to go

James L. Arrasmith
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answered on Mar 22, 2024

If your boyfriend is still in custody despite posting bond, it's essential to take immediate action. First, verify the bond conditions and ensure that all requirements for his release have been met. If the electronic home monitoring (EHM) is part of the release conditions, confirm with the... View More

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