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Cheryl J. Farrish

Cheryl Farrish’s Answers

10 total

  • Recourse for unfair practice/firing?

    My wife was fired today from her job for poor performance. She has been with this company for only 5 months but in the same job field for a few years now did great at her previous job. Her previous job she was a counter manager and took this new j...

    Cheryl’s Answer

    You should contact an employment lawyer in your area. Most employment attorneys would be willing to sit down with you and your wife for a free initial consultation.

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  • What court would the attorney file my lawsuit in?

    i need to know if it is superior court or civil court or what.

    Cheryl’s Answer

    It sounds like you may have an attorney. You should ask your attorney this question. He/she would be in the best position to know whether your case meets the jurisidictional requirements of superior court vs. district court.

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  • I have injuries related to an auto accident. My car was rear ended while stopped at a red light. Do I have a case?

    The other driver was impaired and arrested for a DUI. I have been diagnosed with a neck and upper back injury. I have been off work for 3 weeks.

    Cheryl’s Answer

    Yes, you have a case. Hopefully the person who rear-ended you has insurance. However, even it the other driver does not have insurance, you could make a claim under your own Uninsured Motorist (UIM) coverage. You should contact an attorney in Washington to discuss your case.

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  • I am disabled on Section8 fell down stairs broke my ankle, sprained my right and left knee and strain tendons can I sue?

    I want to know can sue both parties my landlord and section 8 i told my landlord numous times about here stair she told me nothing ing wrong because section8 inspects the property ever year i notified section 8 i fell they told me nothing was wr...

    Cheryl’s Answer

    I'm sorry to hear of your injuries. You should speak to a personal injury attorney in your area to discuss making a claim. I agree that you should photograph the stairway and document your injuries as soon as possible. Do not give a statement to the insurance company until you've sought legal advice. In addition, I do not recommend posting any additional details of your incident online.

    Your landlord likely has an independent duty to inspect your residence and cannot rely solely on Section 8's annual inspections. This is particularly true if you had previously reported the issues with the stairway to your landlord. Again, you should contact a personal injury attorney in your area to discuss the specific facts of your claim.

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  • My vehicle was parked in another company's controlled lot, broken into and burgled. Can I claim losses against their insurance

    Parking lot gated, locked, lighted, and camera surveilled.

    Cheryl’s Answer

    I agree with the above answers.Namely, you would need to show that the owner of the lot was negligent and, based on the few facts you've presented, it sounds like this would be difficult to prove.

    That said, hopefully you have your own insurance coverage to cover your losses. If you haven't already done so, you should report this incident to the police and your insurance company ASAP.

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  • How long is a PIP waiver good for once it's signed?

    I had a car accident and my insurance co. is telling me I don't have PIP coverage due to a waiver I signed almost 3 years ago. They've told me on the phone that they have it on the computer screen and have been able to email me all my other docum...

    Cheryl’s Answer

    I agree that a letter to the Insurance Commissioner should spur your insurance company into action. However, I wait a few more days before sending this letter because WAC 284-30-360 (3) provides that an insurance company must respond to your requests within ten business days. With the intervening holidays, your insurance company likely havs not had ten business days to respond to your reqeust. If the ten days pass and your insurance company still fails to respond, your complaint to the Insurance Commissioner would have a lot more substance.

    In addition, you are doing the right thing by demanding that your insurance company produce a signed PIP waiver. Under Washington law, an electronic signature will suffice. If your insurance company cannot produce a signed waiver, they will have to supply you with PIP coverage. In my experience, insurers will usually charge you retroactively for this coverage. Depending on the amount of your medical bills, it may be worth it to pay retroactively for this coverage. Your insurer should limit its charges to what you would've paid during the policy period when the accident occurred (usually a six month period).

    Finally, I do not believe that signed PIP waivers "expire" so to speak. Under RCW 48.22.085(2)(b), once you sign a PIP waiver, your insurer does not need to offer you PIP coverage every time you renew. Instead, the burden shifts to you to request this coverage in writing. That said, if there were any material changes in your policy since you signed the PIP waiver (e.x. if you increased your coverage or took out new coverage), you could argue that a new policy was created, which would require a new PIP waiver.

    There are many nuances to insurance law and I would highly recommend that you discuss your concerns with an experienced attorney in your area.

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  • I had liability though progressive and now the person is sueing me what should i do

    I was in an accident no ambulance and the two guys were fine now the mother of the car is sueing me when she was not in the car

    Cheryl’s Answer

    I agree with the previous attorney and recommend that you let your insurance company know about this lawsuit immediately. Progressive should appoint a lawyer for you and the lawyer should defend this claim. The sooner you let Progressive know about this claim the better.

    In terms of the mother's claim, if she owned the vehicle then she may have a claim against you for the damage to her vehicle. If the "guys" you mention are minors, it's not uncommon for a parent to bring a claim on behalf of a minor child. Again, you should call Progressive right away to let them know about this lawsuit so that they can take necessary action.

    **Disclaimer: I do not practice law in your State. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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  • I got 2 cars, one is insured, 1 is uninsured. The uninsured car got in accident which I wasn't driving.

    Does my insurance from my other car transmit to the uninsured car? I got full coverage on my insured car.

    Cheryl’s Answer

    Depending on the language in your auto policy, you may still be able to get coverage for the uninsured vehicle. For example, if you recently purchased the uninsured vehicle, many insurance companies will extend coverage for a short period of time (usually 10-30 days). After this "grace period", most policies require that you formally add the car to the policy in order for it to be covered. Bottom line: you should get a copy of your auto policy and review it with an attorney or your insurance agent to determine your coverage options.

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  • My eye is permanently damaged due to lack of post-op care after surgery. Do I have a strong enough case to go to court?

    I had eye surgery in October of last year, and have had a fixed, dilated pupil ever since. This is due to increased post-operative pressure that got too high in that eye. When I called the evening after surgery complaining of a tremendous headache...

    Cheryl’s Answer

    Whether you have a "strong enough case to go to court" primarily depends on whether you can find an expert to support your case. In medical malpractice cases, experts are crucial to the case. Generally, expert testimony must establish: (1) that the doctor was at fault, i.e. that the care provided fell below the "standard of care" applicable to similar doctors and (2) that the doctor's treatment of you caused your injuries. The interplay between medical and legal issues is often very complicated and I agree with the above posts, which encourage you to find a Washington-based medical malpractice attorney as soon as possible. Most attorneys will offer you a free consultation. The attorney will likely want to review all of your surgical and post-op medical records. If any of your doctors told you that Urrets-Zavalia Syndrome was caused by the surgery, you should also bring this to the attorney's attention. Good luck pursuing your case.

    Disclaimer: This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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  • I was in a minor car accident that was my fault and i had no insurance. I hit a car on the rear. it was a 10 to 15 mile hit.

    The car in front of me was a few inches from hitting the car in front of her, so she stop with no warning and I hit her. The road was wet, so I skid into her. Do I still have any rights? what do i do next? [info withheld]. Thanks!

    Cheryl’s Answer

    I agree with the answers posted above. You are most likely at fault for this accident, in which case the driver you hit may pursue you personally for her injuries and property damage. However, it is also possible that the driver you hit has coverage known as Uninsured Motorists Coverage (UIM), which will cover the driver's damages in the event that the at fault party (you) did not have insurance. Under either scenario, the driver can report you to the state and you may have your license suspended.

    If the driver pursues you personally for her injuries, you should consult with an attorney to determine the extent of your financial responsibilty.

    Disclaimer: This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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