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Washington Personal Injury Questions & Answers
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

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

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

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.

5 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Washington on
Q: My car was totaled and there are claims in excess of my policy limit of 25,000 Should I file bankruptcy?

I do not have umbrella coverage and I am about to retire.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 3, 2025

Filing for bankruptcy relief is a major step, and you need to confer with an experienced lawyer. with full facts of your financial condition to your lawyer in advance of that conference.

Do that as soon as you can, as the best lawyer help is BEFORE any more happens.

On top of your...
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2 Answers | Asked in Personal Injury, Car Accidents and Legal Malpractice for Washington on
Q: Can I challenge or reduce an attorney’s lien due to conflict of interest and inadequate representation?

I was rear-ended while driving, and my former attorney represented both me (the driver) and a passenger. I repeatedly raised concerns about the passenger’s fraudulent claims, but my attorney ignored them and continued representing her, creating a significant conflict of interest and a breakdown... View More

Merry A Kogut
Merry A Kogut
answered on Jan 22, 2025

I'm so sorry to hear about your accident and your attorney's behavior. I share your concerns, as you laid them out.

The Washington State Bar Association is very good about helping clients resolve problems with their attorneys. They offer at least two types of help - one is...
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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 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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Robert Gregg
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 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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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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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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