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Washington Personal Injury Questions & Answers
2 Answers | Asked in Divorce, Personal Injury and Criminal Law for Washington on
Q: My husband burnt down our home on July 11th and I would like to divorce him . He is in jail for first degree arson
Jason Powers
Jason Powers answered on Aug 16, 2017

There is nothing to stop you. You can have the papers served to your husband if he is in custody. I am not sure your post has a specific question. In most counties there is a Family Law Facilitator with whom you can make an appointment. They will outline the process. Or, you can hire an... Read more »

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1 Answer | Asked in Personal Injury for Washington on
Q: I don't understand why a small claims court only awarded me part of my destroyed property's true cost. They said it had

to do with age, but the amount awarded isn't enough to purchase a new item. Is this legal?

William Head
William Head answered on Aug 16, 2017

Yes. Depreciation is legitimate. You can appeal, but I doubt you will prevail.

2 Answers | Asked in Personal Injury and Criminal Law for Washington on
Q: If a 10 year old attacks my 5 year old daughter and knocks 2 teeth out can i press charges against parents?
Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 17, 2017

Yes. You may make a civil claim for your child's injuries. Ordinarily, the maximum amount you may recover against the other child's parents is $5,000 based upon the child's willful and malicious actions. As far as pursuing a criminal charge against the assailant, you can report the incident to... Read more »

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1 Answer | Asked in Personal Injury for Washington on
Q: I went to Wendy's drive thru in Spanaway, WA the other night. As I pulled into the parking lot, in front of the...

front door, a Wendy's employee, who was on shift, came out the front door shooting. I was not hit, but have been extremely traumatized. There is no question I am on camera as it all happened & I believe I was the second caller to 911. My question is, can I sue Wendy's? They had an employee... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 12, 2017

Contact a member of the State of Washington Assn for Justice--they give free consults.

for your ptsd try EMDR. Google "Psychology Today, therapist ____________[name of town] EMDR" & see how that goes for you!

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Construction Law for Washington on
Q: Do I have a case- short version- I tore my meniscus while on the job. Before I thought about possibly claiming L&I,

I gave my Dr my work insurance info and just told them I tore it getting it of car. I had worked for them for 5 months before this incident. When I finally talked to them they non-chalantly encouraged me not to claim L&I, saying they would pay me 80 hrs every 2 weeks and when the medical bills... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

Talk to a member of the State of Washington Assn for Justice who handles workers compensation. Problem is your original story.......but members of SWAJ give free consults.

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Washington on
Q: When calculating a personal injury settlement, are property damages incurred in an accident separated?

What I mean by this, is when using a calculator such as this one http://www.alllaw.com/articles/nolo/personal-injury/calculator.html

where we assume that medical bills are equal to 3500, property damage is equal to 5000, and lost wages are equal to 60, which we then multiply by 3 as the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2017

Forget the formula. That's bogus. If you lost an eye would 3 x the medicals be enough? No way. If you had one ER but went in as trauma and the bill was 19,000 and no follow up after, do you think they'd pay 3x19?

If your crash is serious enough to consider uninsured, you should reconsider...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Washington on
Q: Should i return to my work of injury on a non fully recovered injury

Physician is releasing me back to work of injury, i was told from pysician that i would need an arthogram done to view more of my injury to see if i would need surgery or not, but for now i am able to return to work, should i return to work and risk getting injured again, or should i wait untill... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

You should contact a member of the Washington State Trial Lawyers Assn who handles comp cases--they give free consults. You can still get treatment after you return. You need to be sure your doctor understands what use of your shoulder is at your job. Many just get a description from the work... Read more »

2 Answers | Asked in Personal Injury for Washington on
Q: Hi, My son had an accident at school during recess time and broke his left arm. On further investigation, it was found

that his legs was pulled and then pushed from monkey bars by few students who are constantly harassing him for past few months (we've few evidences to prove this). Can law help to 1. school to give protection to my son from physical/emotional abuse 2. how can school warn the students to stop doing... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 22, 2017

You should notify the school in writing that your son has been harassed by other students. If you have previously provided notice, and nothing was done to protect your son, you may have a claim for negligence against the school. The school should notify the parents of the students who caused the... Read more »

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2 Answers | Asked in Personal Injury for Washington on
Q: Am I required to answer questions from the other driver's insurance company after a car accident?
Stan Glisson
Stan Glisson answered on May 15, 2017

Definitely not, and it is sometimes very damaging to your case to do so. Talk to a lawyer right away, before you give a statement to the other side. They are trained and skilled in obtaining statements from you that are subject to misinterpretation down the road.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Washington on
Q: Hi. I caught my pediatric oral surgeon having an affair with my wife (Seattle, WA). I have damages. Can I sue?

Relationship lasted 7 months. I have lots of email that document relationship including dentist stating inappropriateness of the relationship. Some conduct occurred in the clinic. A lot of it was overnight via email and mostly an emotional affair. I think he is a predator in my community and I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 21, 2017

Contact a member of the Washington State Trial Lawyers Assn--there used to be a case for alienation of affections, for such cases. You won't get everything but worth looking at.

Q: Is there any experienced LTD attorneys in Spokane, wa?

I had worked for about 10 years in a large manufacturing firm before my medical condition forced me unable to continue. I had an active LTD paying benifits for about a year before they decided to discontinue. I disputed their unjust decision as many times as they allowed for appeals with no win... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 14, 2017

Look for an attorney who handles ERISA claims--strt with the State of Washington Assn for Justice--they give free consults. However, 15 years is in most cases way too late for a case like yours.

1 Answer | Asked in Personal Injury and Wrongful Death for Washington on
Q: My sister is dead I believe that she was given poor care that resulted in that death. Her son was giving care for her.

He withheld stool softner from her so that he would not have to change her diapers, which he was paid quite well for. It resulted in a bloakage so bad that it killed her. He admited it tro ewo family members and m y sister touched on it to me can he be held liable?

Peter N. Munsing
Peter N. Munsing answered on Apr 8, 2017

Possibly but no one will take the case because on the DA's side he lacked criminal intent and on the civil, he doesn't carry malpractice insurance.

1 Answer | Asked in Personal Injury for Washington on
Q: If another driver hit my car but I was driving without chains in the snow will that limit their liability?
Stan Glisson
Stan Glisson answered on Mar 24, 2017

Not necessarily. The other driver's insurance company or attorney can always claim that you were somehow negligent, and that contributed to the cause of the collision. If that's the case, then yes, your damages can be reduced proportionate to your responsibility for the crash.

But that...
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1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Q: Where to find an attorney to fight for loss of consortium claim?

1. Legally separated couple

2. Husband was rear ended and settled his claim separately with third party insurance company.

3. Since they are legally separated now wife's loss of consortium claim is still alive.

4. Insurance company is offering only $1000 to settle that claim... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 2, 2017

Contact a member of the f Washington State Association for Justice. They give free consults. My advice--take the 1000. Only rarely are there significant amounts for loss of consortium. Yours may be a uniquely compelling case, but generally juries take the position it's for better or worse, spouse... Read more »

1 Answer | Asked in Personal Injury for Washington on
Q: I got medically sick after molded household stuff delivered to my home. What is the right compensation for me?

In Oct 2015, Amazon gave the contract to Graebel to relocate my household stuff from India to Seattle. After Packaging, while the stuff was in storage, Chennai-India got flood which damps my stuff and when it got delivered to me in March 2016 - it was molded. I got the basic cost of all the molded... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2017

Suggest you contact a member of the state of Washington Trial Lawyers Assn--they give free consults. Generally, mold cases are difficult to prove.

1 Answer | Asked in Personal Injury for Washington on
Q: The drainage is very poor in my neighbor's yard and it floods my yard.

I broke my ankle after tripping on rocks in my yard that were under the water from their yard. Can I sue them?

Peter N. Munsing
Peter N. Munsing answered on Feb 18, 2017

Well as it was your yard, you knew generally where the rocks were but decided to walk into those waters. A court could well find you contributorily carless. Also, you knew there was a trip hazard--just not quite sure where. However it's a severe fracture and you should consult a member of the... Read more »

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for Washington on
Q: If you're siblings attacks you and your mom won't do anything about it, am I entitled to any rights to leave?

my younger sibling keeps hitting me and verbally abusing me and I refuse to hit her back unless I really need to defend myself and unfortunately the situation has continued and my Mom has not done anything about it. She claims she does but still not working. This happens when my mom is at work... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 16, 2017

Talk to a counselor. Becoming an "emancipated minor " is tough and not always easy.

1 Answer | Asked in Personal Injury for Washington on
Q: I was hit by a car while walking on a street curb (there was no sidewalk on this street, but also no signs that

prohibited pedestrians from walking). The car driver is saying I'm partially to blame for the accident. Will this affect my ability to recover damages in a lawsuit?

Peter N. Munsing
Peter N. Munsing answered on Jan 27, 2017

Anyone can say anything, argue anything. Assuming you were not in the Roadway, were visible, it's on him. This isn't a d.i.y. case--contact a member of the State of Washington Assn for Justice--they give free consultations.

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
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 Personal Injury for Washington on
Q: Who is responsible for a slip and fall injury in a situation where I was injured on the property of a townhouse owner if

our community also has an HOA?

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2016

Depends whos area it was in. The agreement will spell out who is responsible for what. If it's an area in the tenants control, the tenant. But why not contact a member of the Washington State Assn for Justice--they give fee consults.

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