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Erin Healy Hammond's Answers
- 21 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Should I make voluntary payment arrangements with an insurance company to resolve my alleged liability?
It's hard to know precisely what would happen or what you should do in such a situation, because your options with respect to settlement depend largely on the evidence in the case. We don't know what that is (and shouldn't know what that is in this forum). But I added this answer to offer a few points on the topic. 1. At times, insurance companies do file "subrogation" lawsuits. These are suits like you describe, where an insurer seeks repayment for the amount it paid from the...
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4
Attorney answers:
Should I accept insurance settlement?
You may wish to talk with the investigating officers from the state patrol to see what they have learned about the incident and whether criminal charges will be filed. Driving with an unsecured load is a crime in Washington. If there will be criminal charges filed, you may be able to be reimbursed for your repair costs through that system by recovery of "restitution;" this would be arranged by the prosecutor, with input from you. If this was not an unsecured load situation, and it was...
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3
Attorney answers:
Employer wants me to sign a non-competition form with a bonus of $200.
The general rule in Washington is that employees are "at will," meaning they can quit or be let go for any reason or even no reason at all, as long as the reason is not prohibited by law or public policy. Thus, most employees can be terminated for refusing to sign a noncompetition agreement. The exception would be if there is a contract that governs the employment relationship. If there is such a contract (for example, an individual employment agreement or a union's collective bargaining...
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3
Attorney answers:
How can I get an attorney to work probono for me in a lawsuit?
There are times when lawyers do agree to work pro bono, in support of access to justice. You might check with the Washington State Bar Association's Moderate Means Program, and see if you are a good fit for that program. If you qualify, you can obtain reduced cost services. It also refers individuals for entirely pro bono work. Here's the website: http://www.wsba.org/Legal-Community/Volunteer-Opportunities/Public-Service-Opportunities/Moderate-Means-Program/Moderate-Means-Program-FAQs...
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3
Attorney answers:
Does Washington State recognize Doctrine of Good Faith in contracts? Not all states do, per Restatement of Contracts, right?
It doesn't sound like a laches situation. Laches is an equitable defense that can apply when a claimant has slept on their rights for so long that it is, essentially, no longer fair to let the claimant assert the rights. More applicable in a situation like this is a statute of limitations, which prescribes by law precisely how long one has to enforce rights. In Washington, the general statute of limitations for a written contract is six years. However, there are some scenarios that can...
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3
Attorney answers:
I have a small change injury case, several attorneys have declined the case, how do I file in Superior court?
There are attorneys out there who take cases that involve the type of claim you are describing. You should probably consider keeping looking. You might want to contact the referral service for the King County Bar Association. I believe (but am not certain) that they have a list of attorneys who sign up to receive referrals for small auto cases. However, if you do want to file a lawsuit, as the other lawyer who answered said, be certain to do that within three years of the accident....
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3
Attorney answers:
How to I list multiple defendants in a personal injury & liability case?
I agree with the other poster; the old aphorism "a little knowledge is a dangerous thing" often applies when people pursue their own cases in the courts. I'd recommend retaining an attorney to assist you. That said, to answer your question, in the caption (the box at the top of some legal documents, including complaints, that lists the parties) all of the defendants should be listed. Jurisdiction and venue are different assertions. Generally speaking (though these issues are more...
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3
Attorney answers:
How can I force my attorneys to give me an accounting for moneys paid out of my settlement?.
The Washington Rules of Professional Conduct set forth certain minimum standards for attorney conduct. You might want to take a look at Rule of Professional Conduct 1.5, which governs fees. Among other requirements, RPC 1.5(c)(3) provides: "Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination..."...
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1
Attorney answers:
How to oppose a motion for summary judgment
To oppose a motion for summary judgment, you need to show that there are material facts in dispute. Material facts are those upon which the outcome of the litigation depends. If there is such a factual dispute, the judge cannot decide the case on summary judgment, and the case must go trial. As a practical matter, this means that you should submit evidence that contradicts the evidence that the other side has submitted. Testimony is evidence. From what you described, it sounds like...
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4
Attorney answers:
I need to know if there is potential merit for medical negligence regarding my story. I dont know how to prove injury
I agree with the other posters who said that you will need medical expert review to determine if you have a claim (and that can be costly). I am writing to also add that, in order to have an actionable medical negligence claim, there has to be an injury. That means your expert would have to be able to testify that the outcome was different/worse because of a missed diagnosis. If nothing changed (for example, if you would have had the surgery anyway, and there was no worsening of your...
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