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Herbert Glenn Farber

Herbert Farber’s Answers

14 total


  • My wife was injured whilst we were staying at a hotel and ened up in the hospital and now has a brain anyurisum can we sue?

    My wife and i were staying at the edgewater hotel 2/2/2024 for her bithday and superbowl. My wife at somepoint in the eving was struck in the head witha bottle and was knoked unconcious, The hotel i guessed call 911 and when the ambulance showed u...

    Herbert’s Answer

    The answer to the question is yes, under the tort theory of premises liability. The hotel has a duty to you and your wife to insure that hazardous activities, such as drunks swinging wine bottles in public places. There are a number of other potential claims you can make, or that should be considered. It is important, in my opinion, to obtain a review as soon as possible by an attorney, but concern is how much early investigation was done to identify occurrence witnesses to an event that presumably happened almost 1 year ago.

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  • My late mother suffered 30 years / $1M hospital bills for smoking related illnesses. What is the statute of limitations?

    My mother suffered for 30 years with COPD, asthma, heart disease, depression, skin disorders, etc. and passed away in 2009 at age 69. I have a lot of her medical records, but have not interpreted them yet. If I have them interpreted and discover f...

    Herbert’s Answer

    Whether or not a products liability claim can be made in Washington State now, probably depends upon whether or not your mothers death was administered, for example: Was there a probate or a personal representative appointed to administer her estate? If so, the one year statute that can extend the "discovery rule" may have run if her personal representative knew or should have known that there was a possible claim. If she did not have an estate that was legally administered, it may be possible to start one now, depending on the facts of her situation.

    Although she died in Washington state, it is also possible that another states substantive law applies. If she happened to live in Florida, the law is far more favorable on the products claim, witness the very recent $23 billion award on Friday which was one of the Florida "class action" de-certification cases. In order to possibly evaluate the merits of you proceeding with the claim it will be necessary to examine where she resided during her years of smoking.

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  • I was injured in a hit and run but the driver was never identified. What do I do?

    I was the 1st car hit from behind in a 3 car pile up while stopped in traffic on the freeway.The driver fled & never identified. My insurance policy covered pip and uninsured/under ensured motorist prot. I received 500$ for my car and shortly afte...

    Herbert’s Answer

    You certainly suffered significant harms and losses in the accident, which with out taking into consideration the various insurance coverages, requires a large amount of money damages to fairly and reasonably compensate you. That said, it looks like from the facts given in your question only, that your problem is finding as much third party liability and/or first party under/un-insured motorist insurance that might possibly exist to compensate you.

    Your question infers that you may have settled the uninsured motorist claim already. If you did, I trust you got all of it, up to your limits. When the insurance company told you they are closing their file, they were probably referring to their own "subrogation file". That refers to claims that they could make against the fleeing motorist to reimburse themselves for the money they paid to you - apparently they gave up, HOWEVER, that only effects their rights, not yours.

    The statute of limitations in Washington is 3 years allowing you to make a claim against ANY other motorist in the accident or against any other entity, including the Washington State Department of Transportation (if the the accident was caused by improper signage, for example) and 6 years under your UIM policy.

    Creativity is required in your case. Although the insurance company couldn't find the driver that fled, have you or someone on your behalf hired a private investigator? Also, were you the "first car" in the line of traffic that was involved in the accident, or the last car in line and first one hit? If you were first in line, you may consider suing the driver(s) behind you.

    Also, if you haven't settled the uninsured motorist claim, the fact that the fleeing driver can not be identified by your insurance company is not relevant to their obligation to pay you full and fair compensation for your losses.

    There are a number of factual issues important in determining your legal options that are not specified in the question. You should contact an experienced litigator to help you out.

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  • In need of Attorney/law firm dealing with Depuy hip recall. I'm in wash state. class action suits are closing in July 2014.

    in need of Attorney or law firm that is handling the depuy Metal on Metal hip cases. I'm in Washington state and I can't find any firms that are doing this, looks like the firms are all out of state. any info would be helpful/ Thank-you.

    Herbert’s Answer

    My office is handling a dozen or more DePuy medical device cases for Washington residents involving hip implants, both the ASR and the metal on metal Pinnacle devices. They involve two separate MDLs, one in Ohio and the other in Texas. If you wish, you may email or call my office and I will answer your question.

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  • I was rear ended on freeway minium damage to my car i have been diagnosised post concussion syndrome cervical sprain and strain

    his insurance fixed my car but they said they were dening the medical claim due to the minor damage how should i handle this

    Herbert’s Answer

    Your condition is common after an automobile accident, especially in a rear-end car accident. The injury can even occur in a low-speed accident with little damage. Claims for "whiplash" can sometimes be problematic because the injury does now always show on an x-ray. Many insurance companies fight "whiplash" claims but an experienced car accident attorney should be able to help you. Be sure you obtain all the medical care your doctor recommends and make sure you document time missed from work and other costs involved in your treatment and recuperation. Good luck to you.

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  • Do you have to legally provide auto insurance info?

    I was involved in a very minor fender bender. The driver proceeded onto highway. I looked cleared oncoming traffic and pulled on highway & bumped the rear of the driver who had stopped after entering the highway. He said he stopped because he ...

    Herbert’s Answer

    You are required by law to provide your insurance information. You should contact your insurance company and provide details of the accident. An insurance adjuster will examine the truck's bumper and an agent will also interview the other driver and the facts will come out.

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  • I broke my tooth while eating pistachios from a large chain store. what should I do?

    I purchased the bag of nuts, I have my receipt. It happened four days ago but I was away. I just returned and need to take care of this asap. My tooth is beginning to hurt and become sensistive. I don't have dental insurance so I am really concern...

    Herbert’s Answer

    You should seek the advice of a dentist who can examine you and determine whether you actually have a broken tooth or just a sensitive one. While Washington state has a Product Liability Act which holds manufacturers of defective products strictly liable for injuries you don't say whether you actually found a foreign object in the bag of nuts.

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  • A truck hauling road equiptment hit me from behind totaling out my car and injurying my back. Should I accept their offer.

    When it happened I was turning in my driveway. I have not been able to work since it happened

    Herbert’s Answer

    First of all, you should make sure you receive medical care for your back condition. You should have your injury thoroughly documented and treatment avenues exhausted. You should also contact a local attorney who has expertise in injury law who will advise you so that your rights are protected. Many personal injury attorneys will provide you with a free consultation. We would advise you to not to accept an offer because you do not know how long you will be out of work or whether your injury is disabling.

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  • Can I sue my pharmacy for prescribing wrong dose?

    My 15 year old daughter was prescribed 10mg of prozac . After a month her doctor upped her dose to 20mg the 10mg wasnt working. We filled her medication right before she went to her fathers so she would have it. I did not look at the bottle .Norma...

    Herbert’s Answer

    Thankfully, your daughter did not suffer a serious injury due to the wrong dosage of medication. According to the U.S. Food and Drug Administration, up to 30% of all pharmacy errors involve dosage mistakes. You should make the pharmacy manager aware of the mistake but, based on the facts of the story you relayed, it does not seem like you have a case because your daughter did not suffer serious injuries.

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  • What can I do if more then 10 days have passed since my neighbor hit my car while it was parked outside our home on the street?

    The police was called but we did not file an official accident report because the person who hit the car agreed to pay the expenses to repair the vehicle. We had him signed agreeing to cover the expenses and the officer signed the information e...

    Herbert’s Answer

    You should contact your insurance claim and file a claim, providing them with the information that was supplied to you. The person that hit you might be hoping by avoiding you that they can make the whole thing go away. Your insurance company will contact their insurance and this should get the whole process rolling.

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