Realizing that this largely depend on the individual case, is it common or uncommon for attorneys to accept anti-SLAPP cases on contingency in states with statutes that require the court to award legal fees in successful anti-SLAPP motions?
answered on Jul 10, 2023
It would be very uncommon to see a contingency fee on an anti-SLAPP lawsuit because their is no guarantee of payment even if the case is successful. Frequently, even in a SLAPP suit, the parties will reach alternative settlement arrangements that do not result in the case going to Court. Even... View More 
What is my best course of action? Should I seek legal representation or try to settle it with the city?
answered on May 31, 2023
I'm sorry this happened to your children. I know it was not intentional, but that is no comfort in cases like these.
In a case involving burns to your kids' bodies, you should definitely consult with a lawyer. If a government agency is willingly negotiating with you, it's a... View More
They told me no because of the Third party clause in their documents but what constitutes a third party? they have security cameras but the manager is saying they probably don't have any footage because its something they've been working on it would this void that entirely? how can you... View More
answered on May 24, 2023
This is a personal injury/property damage case. Not possible to provide definitive answer without reading whatever documents you signed when taking the car in for service. Generally, it would seem that at the very least, the dealership has to obligation to protect your property while in their... View More
At age 8 our next door neighbor sexually assaulted me in front of his sister. Is it possible to still hold him accountable? I think by his personality type he would want to settle out of court monetarily in order to keep it all hush hush. I would need contingency based. I am realizing this is... View More
answered on May 16, 2023
It is possible, but there might be some practical limitations in play here. It completely depends on the circumstances and the extent of the abuse. An abuse case doesn't have these limits if there was some sort of agency (school, church, DSHS) that knew or should have known about ongoing abuse... View More
I am in the middle of negotiating a settlement amount with the at fault drivers insurance company and they have sent me a Proof Of Representation and a Consent to Release form saying I have to fill out both in order to receive my settlement check. I am a Medicare recipient but have kept my... View More
answered on Apr 27, 2023
A Washington attorney could advise best, as it's possible some claim forms might be state-specific. In terms of release of medical records, a HIPAA form is generally used. Such forms generally provide for selection of the scope of medical information to be released (range of dates of service,... View More
Firm A had recently contacted me about representing me for my injury case. I have done research on both firm A itself as well as the named attorneys B, C, D, & E who make up Firm A. About a week or so ago, I was suddenly contacted by a new attorney, F, who was familiar with my specific case,... View More
answered on Apr 25, 2023
A Washington attorney could advise best, but your question remains open for three weeks. There are a couple of possibilities. Attorneys regularly join and leave law firms. Sometimes firm websites might not reflect staffing changes quickly. Also, some law firms have relationships with "of... View More
answered on Feb 27, 2023
You clearly suffered an injury. The elements of medical malpractice include violation of the standard of care. If the doctor in performing the procedure failed to perform at the recognized standard of care you may have a case. That said if you suffered a loss is a critical component of the... View More
I need to find an attorney that can help me in finishing my insurance injury claim. I have literally done 3/4 of the work (I believe) and I have obtained all of the documents needed to settle this case. These include my medical documents from my PCP and therapist notes and summaries for every... View More
answered on Feb 3, 2023
Of course, there are many attorneys who can assist. I don't do these personally, but if you want to call or email I'd be happy to make some referrals.
Otherwise, you can google search and I'm sure you could find someone.
Documenting your financial losses, as you... View More
I need to find an attorney that can help me in finishing my insurance injury claim. I have literally done 3/4 of the work (I believe) and I have obtained all of the documents needed to settle this case. These include my medical documents from my PCP and therapist notes and summaries for every... View More
answered on Feb 3, 2023
I've had a number of cases where the prospective client thought they'd done almost all the work and just needed someone to land the plane. Every single one of them was put together in such a manner that I would have been better off just recreating the file from scratch. So, I would not be... View More
3rd time DUI offender plowed into our front yard, our fence, and our car at a high rate of speed. His car finally stopped only about 10 feet from the room in which we were at that morning. Our car was deemed a total loss as this was the only thing that stopped the driver from plowing right into our... View More
answered on Jan 30, 2023
A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You're correct; this could be an overwhelming matter because of the number of elements it contains. You indicate seeking an attorney. Your best option is to reach out to... View More
so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:
Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time... View More
answered on Jan 29, 2023
If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.
The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case... View More
The insurance company continues to remove my documents that I have uploaded to their website and to which I was instructed to do so by the claims team. I have asked via text and email as to why this is happening and have not received a response. This has been happening every time I upload a... View More
answered on Jan 29, 2023
A Washington attorney could advise best, but your question remains open for two weeks. One option is to ask them if there is a technical glitch with either the site or the formatting of the documents, and if so, will they accept hard copies by certified mail. Also ask them if they are downloading... View More
Hello, If there's a statue of limitations, and it's expired, but there's a lawsuit which was filed in a timely manner BUT dismissed without a prejustice due to client's communication issues (couldn't reach the client), can it be reopened?
answered on Jan 27, 2023
Yikes. You should fight like hell to have the Court reconsider the dismissal. And get a hold of the dang client! Whatever it takes. Pretend discipline from the bar is on the line.
You can re-file after the statute of limitations, but the case would likely be dismissed upon a motion by the... View More
Complaint for personal injury filed in Wa State King County Superior Court, (previously filed in federal court on civil right violations) before Covid in 2019, no progress for 2 years. Depositions began in 2022 and trial date set, then lawyer withdraws only months before trial. Does the original... View More
answered on Jan 27, 2023
The statute of limitations doesn't change, but you should ask the defense counsel to agree to a change in the trial date. Defense attorneys are usually happy to delay proceedings. If not, the Court is usually pretty understanding. Just make sure you haven't passed the deadline for... View More
It has cause a misdiagnosis and possible damage
Or medical malpractice
answered on Dec 26, 2022
A Washington attorney could advise best, but your question remains open for two weeks. Unless there's more to the matter, it would be a matter of medical malpractice, not defamation of character. Defamation means spoken or written words that cause harm to your dignitary interests (reputation).... View More
I am battling a car accident settlement with insurance company alone. But was given advice from a good friend who is an atty and ceo at her law firm. I am not representited by the firm but given advice from that firm. When corresponding to the insurance company, can I mention the law firm name... View More
answered on Dec 24, 2022
A Washington attorney could advise best, but your question remains open for three weeks. You wouldn't necessarily be doing your friend a favor with something like that. If they handle work or hope to handle work with insurance carriers, it's possible that could cause them to get flagged... View More
I am on SSDI & have medical insurance through the government. In July I was diagnosed w/ PTSD from an accident where a drink driver's car stopped less than 7 feet from our bedroom window (the room we were occupying that mornimg) going 60mph. Our vehicle was the only thing that stopped him... View More
answered on Dec 12, 2022
Yes, there's something called the collateral source rule that entitles you to the amount of the bills without regard to insurance. Link to pattern jury instruction below:... View More
represent me again
answered on Nov 24, 2022
A Washington attorney could advise best, but your question remains open for two weeks. Yes, it's possible he could. It would help to know additional details about the amount of work done to date and the nature of the dismissal. It looks like the dismissal was not fatal to the case and did not... View More
I am writing on behalf of my brother’s family.
Their rental is on a well. Main well dried up -they are on the backup well - located up the hill. The water comes out of a uncovered tube. They’ve complained to their landlords & were told the water is fine -they won’t fix or drill a... View More
answered on Nov 11, 2022
A Washington attorney could advise best, but your question remains open for two weeks. You chose the correct categories to post under - landlord-tenant and personal injury. Those are the types of attorneys who would have insight into this. As a starting point, your brother could consult with a... View More
removing lid and once i swallowed I realised I had swallowed something very sharp and was lodged in my throat!! I struggled and choked for a few minutes before I vomitted it up. and realised it was a large shaper plastic peice the size of a nickle . So i went told the worker and he refunded me and... View More
answered on Apr 13, 2024
A Washington attorney could advise best, but your question remains open for two weeks. At this point, you could try to set up a free initial consult - finding contingency-based representation could depend on the severity of damages suffered. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
