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Jason Garrett Epstein

Jason Epstein’s Answers

129 total


  • I was rear ended by a drunk driver, should I retain a lawyer?

    When heading home from work two nights ago I was stopped at a stop light and was rear ended by a drunk driver going about 40mph. I am now down one vehicle and out of work for one week until I can be re evaluated by my doctor. I have horrible lower...

    Jason’s Answer

    You should definitely hire an attorney to represent you. In fact, you should probably interview two or three lawyers before choosing who you want to hire.

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  • I have a third party lawsuit going that seems to be a good case is there a way to figure out what is the max we can sue for

    in washington state ? i have heard not that much but was wondering if there way any ideas or sites ? thanks

    Jason’s Answer

    There is no maximum. At trial, an attorney can ask a jury for any amount they think is reasonable. However, there are certain ranges of what is reasonable that include many factors such as your medical bills and the effect that your injuries had on your life.

    You should definitely speak to an experienced personal injury attorney as soon as possible. Most offer a no-charge initial consultation. If an attorney decides to take your case it would be on a contingency fee, meaning that they only get paid when your case resolves, and then they get a percentatge of the recovery. As mentioned above, insurance company data shows that people who get an attorney get more in their pocket even after paying the attorney's fee.

    You can also request a copy of one of my books at no charge to Washington residents by clicking the links below.

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  • Are there personal injury attorneys in Washington with the pay structure of one third net ?

    I've been to a few attorneys and it all seemed very optimistic about my case. I've handled most of this on my own and were at the part where you have to write a demand letter I'm done treating and ready to settle. I'm well-versed and have a clea...

    Jason’s Answer

    I would add that in the long run, I think you will regret choosing an attorney based on price. Would you choose which brain surgeon to operate on you based on price? You only get one chance with your case, I would choose the attorney who I felt was best able to represent me, not the one who would take the least amount of money.

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  • No insurance but in accident with damage to both cars

    my step-daughter in a accident today. It wasn't her fault the other driver told the police that it was her fault, and keep telling everyone it was her fault. But my daughter doesn't have insurance. And my daughters car is totalled the other car ha...

    Jason’s Answer

    If the other driver has insurance, then they should take care of it. You should request a copy of my free book through the link below which will explain how this works.

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  • When does subrogation apply in personal injury case, especially under WA State vs. Thuringer

    Assuming that a WA case has been valued at $300k, defendant has liability policy limits of $200k, plaintiff has $50k underinsured coverage & med exp are $75k. Are the below hypothesis correct, particularly invoking WA State vs. Thuringer I...

    Jason’s Answer

    Your question is way more complicated than simple yes or no answers. The first problem is that you say you case was 'valued at' $300k. By who? Under Thiringer, only a jury or judge can make that determination. Unless your case has gone all the way through trial and an amount was decided by a jury there is no way of knowing what your case is really worth. Absent that you are just dealing with negotiation points. You can argue that the case is worth $300k so there should be no subrogation, but it doesn't mean that your argument will be succesful.

    Additionally, it is helpful in arguing the Thiringer "made whole" rule when you recieve policy limits. However, if you get less than limits from your UIM claim, you can still argue Thiringer, it is just not quite as clean.

    The bottom line is you need to speak with an experienced attorney that you trust. There are no right or wrong answers, necessarily, just different ways of approaching a negotiation. Best of luck.

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  • In a personal injury case would/will the health insurance company come after any settlement awarded?

    Assuming that my health insurance paid out $100,000 in medical expenses beyond my deductibles and I am awarded $200,000 as a settlement for the case, will/would the health insurance company claim a portion of the settlement amount?

    Jason’s Answer

    Well, I guess you will only get an answer from one Washington Attorney. I am licensed in Washington. My main office is in Bellevue.

    In general you have do have a duty to reimburse your health insurance company when you recover from the at fault party. This process is called subrogation. Typically there is a lot of room to negotiate on these issues as long as the plan is not an ERISA based plan.

    If it is an ERISA plan then the everything changes. The law is currently in flux with ERISA, and it may be the case that they are actually entitled to a dollar for dollar reimbursement for what they paid. Currently the federal law is unclear in this area.

    The bottom line is that you should speak to a local attorney to help you sort through these issues. Best of luck.

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  • I need an agressive lawyer who can help me battle an over confident Insurance co. Pedistrian hit by car in crosswalk..

    I was hit by a car, broke my leg, pulled muscl/ligaments. Driver left the scene but was reprtd 2 911 who located her n advised 2 return 2 scene. She gave her ins info to 911. She filed a report to ins co. They have paid medic bills n a few other b...

    Jason’s Answer

    You are right. You do need a good lawyer to take a long hard look at your case. I have handled several cases that are similar to what you are describing. I would be happy to talk to you. Feel free to give me a call.

    Also, I have authored several books, a couple of which may be of interest to you. I will attach links below to "The Truth About Washington Auto Accidents" and " The Truth About Lawyer Advertising". Reading those books should help you arm yourself with the information to make good decisions about how to proceed. The books are available to Washington residents at no charge through my website. or you can purchase them on Amazon.

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  • Incompetant lawyers

    My case is complex, involving TBI & Whiplash. I have hired 2 different attorney to fight for me. One being a tv ad firm which grabbed my case. Unfortunately I was not too coherent at the time and didn't do through reviews. I have lived with debili...

    Jason’s Answer

    It sounds like you are in a very difficult spot, and it can often be hard to find an attorney willing to take a case that has been handled by other attorneys. It can put the new attorney in the position of having to clean up messes that may have been left.

    I would recommend that you visit my website www.StraightTalkLaw.com and you can request two of my books at no charge which may be of some help for you. FIrst is "The Shocking Truth About Lawyer Advertising" (http://theshockingtruthaboutlawyeradvertising.com/), and "The Truth About Washington Car Accidents" (http://caraccidenthandbook.com/).

    After reading those, if you feel like I can be of assistance, feel free to give me a call.

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  • Incompetant lawyers

    My case is complex, involving TBI & Whiplash. I have hired 2 different attorney to fight for me. One being a tv ad firm which grabbed my case. Unfortunately I was not too coherent at the time and didn't do through reviews. I have lived with debili...

    Jason’s Answer

    It sounds like you are in a very difficult spot, and it can often be hard to find an attorney willing to take a case that has been handled by other attorneys. It can put the new attorney in the position of having to clean up messes that may have been left.

    I would recommend that you visit my website www.StraightTalkLaw.com and you can request two of my books at no charge which may be of some help for you. FIrst is "The Shocking Truth About Lawyer Advertising" (http://theshockingtruthaboutlawyeradvertising.com/), and "The Truth About Washington Car Accidents" (http://caraccidenthandbook.com/).

    After reading those, if you feel like I can be of assistance, feel free to give me a call.

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  • My wife was hit by a driver running a red light. His insurance is saying that it is a disputed claim. Should I get a lawyer?

    My wifes car was seriously dammaged in the front. Can we get the insurance company to replace the lost car and wages?

    Jason’s Answer

    If you go to my website, www.StraightTalkLaw.com you can find a lot of valuable free information for Washington residents. I have authored a guide to handling your property damage claim. You can find that at: http://www.straighttalklaw.com/special-report.

    You may also want to request a free copy of my book, Straight Talk Law; The Truth About Washington Auto Accidents which contains the Secrets the Insurance Companies Don't Want You to Know . The book is available for purchase on Amazon, but going to the link below will get you a free copy. My book will help explain the process and what you should do. My book is available for free to Washington residents at https://www.StraightTalkLaw.com/freeoffer
    If your wife was injured, then this book will help you avoid the mistakes that injury victims often make when dealing with insurance companies.

    I also recommend that you consult with and retain an attorney that you trust to make sure that you are fully compensated. You only get one chance at this.

    While at my website, www.StraightTalkLaw.com, you may also want to request a copy of my book, The Shocking Truth About Lawyer Advertising. This book will help you figure out why all lawyers, and their ads, are not created equal.

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