-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Wayne E. Mitchell's Answers
- 31 Legal Answers
- 0 Legal Guides
4
Attorney answers:
I live in washington state and i was involved in motor vehicle accident
As a general rule, the car owner's insurance policy will cover other drivers if they are driving the car with permission. However, there can be exceptions, and you would need to see the car owner's policy to be certain. If you contact the insurer, they should let you know if there is coverage. You did not say whether you have insurance of your own, or whether you were injured in the accident. If you have your own insurance, and the insurer for the other car does not step up to repair your...
Selected as best answer
4
Attorney answers:
I fell on faulty stairs at apartment complex, can I sue for medical bills and pain and suffering?
Since you were on the job when you were injured, your remedy depends on who your employer was. If you were working for the owner or manager of the apartments, you can probably only ask to have your L & I claim re-opened. If you were not working for the property owner or manager, then you may be able to file a lawsuit against the property owner. The intersection of workers compensation and tort law is complicated and very fact dependent. Therefore, you should probably contact an attorney...
Selected as best answer
6
Attorney answers:
- ···
Car accident settlement
That is not a reasonable offer given the facts you have recited. It is typical for insurance companies to lowball unrepresented victims. You should definitely contact a personal injury attorney. In doing so, one thing to keep in mind is that just because you see a lot of television commercials for a lawyer does not mean that that attorney or firm will be a good choice for you. Some firms that do a lot of advertising depend more on volume than working each case in the best interest of the...
7 lawyers agreed with this answer
4
Attorney answers:
What can I do? I got rear ended by a car. It was actually an accident that consisted of 3 cars.
The circumstances are complicated enought that you should probably consult a California personal injury attorney. Keep in mind that the statute of limitations for your claim in California is relatively short.
6 lawyers agreed with this answer
3
Attorney answers:
How do I dismiss a federal case that I improperly served?
CR 41 is the correct rule. The fact that you served the wrong location does not necessarily mean you need to dismiss the complaint. Typically, you would simply need to correctly serve the corporation. In most states, that is the registered agent, which you can find on the appropriate web page maintained by the state where the case is filed. If you dismiss the case, make sure you specify it is "without prejudice", meaning that you can file it again. Also, make sure you have not passed...
6 lawyers agreed with this answer
4
Attorney answers:
My 18 year old daughter was in an auto accident. The car is hers but my name is on the title, she is on my insurance.
I am not sure what you mean by they have used up the coverage your insurance would cover. However, part of your coverage is the duty of defense. Your insurer has to provide an attorney if the other driver sues you. Send the letter and any court papers you receive to your insurance company.
4 lawyers agreed with this answer
5
Attorney answers:
Personal injury settlement
Attorney's fees are normally calculated on the gross recovery, but you should review your written contingency fee agreement to see how the fees and costs are calculated. As far as the medical bills, you will probably have to pay at least some of the bills out of the settlement. However, the amount often depends on the nature of the bills. Were they paid by a health insurer, your personal injury protection insurance or did the doctor take a letter of protection? Your lawyer should be able to...
4 lawyers agreed with this answer
3
Attorney answers:
If I am sued for auto accident beyond my policy limits what assets can they take?
As a general rule, retirement accounts are not subject to a judgment. In Washington, you also have a $125,000 homestead exemption, meaning that if your equity in your home is less than $125,000, the judgment creditor cannot reach it. If you have insurance, your insurer owes you a defense. The insurer also cannot settle unless the plaintiff agrees not to go after you.
3 lawyers agreed with this answer
2
Attorney answers:
Process of Service
It depends on what kind of documents you want to serve. Original service of the lawsuit is done through a process server or the sheriff, but other court documents can be served by mail at whatever address the defendant provides to the court. However, if you are changing the complaint and the opposing party has not yet appeared, you would have to follow the service of process rules again for the new complaint. If you provide more detail, we can be more specific.
3 lawyers agreed with this answer
4
Attorney answers:
Will the at fault insurance pay for my treatment/follow-up 8 months after an accident and 6 months since I have seen the doctor?
It is unlikely the other driver's insurance will pay for any more treatment. However, if you had your own insurance policy, you should also have personal injury protection (PIP) which should cover your medical treatment. If you do not have PIP available, but you do have health insurance, you can submit the claim to your health insurance. You should wait until your injuries resolve before considering settling with the other driver. You have to bring the claim within three years.
3 lawyers agreed with this answer