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Scott Shawver

Scott Shawver’s Answers

10 total

  • Husband was hit by a semi truck and suffered TBI and fractured skull. Should we get an attorney?

    A little over a week ago, my husband was turning into work and was hit from behind by a semi who wasn't paying attention. It completely totaled the vehicle, but even worse is that he had a bad head injury. He was transported to the ER and he su...

    Scott’s Answer

    I'm very sorry to hear about your husband's accident. This is very serious, and potentially life-changing accident for your husband. Therefore, you need to consult with an experienced personal injury attorney in order to protect all of your legal rights and maximize your recovery.

    Most attorneys will sit down and speak with you about the claim.

    You may be contacted by representatives of the defendant or some other insurance company and ask you to sign papers or make a statement. You should not do any of this until you consult with an attorney, as what you say and documents you may sign may affect your husband's claim.

    I hope this is helpful. Please feel free to contact myself via email or any of the attorneys on this site with any follow-up questions

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  • I was in a bad car accident last month on 8/13/2013, wondering how much I should settle for pain and suffering?

    Both cars were totaled, the car I was driving had over 12,000 dollars worth of damage to it.(I was not at fault for the accident) I have a bad cervical strain, I have lower back compressions, neck compressions, and my left shoulder is extremely me...

    Scott’s Answer

    You should contact a local personal injury attorney. Our firm has attorneys in Spokane and they would be happy to sit down and give you a no-charge consultation. It is hard to give you any specific advice, since the best advice/course of action for you really depends on the specific facts of your case and your injuries.

    Whatever you do, do not have any further conversations or sign any papers from the insurance comapny until you talk with an attorney. They will be in the best position to help you respond.

    I hope you are feeling better soon, and wish you good luck with your claim.

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  • I have been given a no trespassing admonishment from a non-profit, public entity I volunteered at

    No cause was given and no court hearing was made. How do I attack this? What can I do about this? I am indigent by law.

    Scott’s Answer

    It sounds like you were given a written notice explaining that you are not welcome at this location anymore. The first thing you should consider is that if you return to this location prior to clearing the matter up, you could be charged with Criminal Trespass in the First or Second Degree. If convicted, you could potentially go to jail for either of these crimes.

    I would advise you to call the volunteer coordinator of the agency and ask them to clarify the terms of the order. If this is difficult, you could hire an attorney to do this for you.

    However, it may be difficult to find a legal basis which would allow you to challenge the trespass notice. Unless the agency didn't own the property or have a right to exclude people from the property, you likely do not have a legal basis to challenge the order.

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  • What do i do now?

    I'm a college student. I was badly injured during class resulting in multi-day hospitalization and reconstructive surgery. The school has an injury insurance policy on students for this specific reason. I've been told that the insurance policy is...

    Scott’s Answer

    More information about the accident is needed. Feel free to contact myself or any of the attorneys listed here. One important fact that is needed is how the injury happened and who are the potentially responsible parties. You need an experienced attorney to investigate these issues for you.

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  • My 3 years to file malpractice is up next month, but I just found out last week I was mis diagnosed big time.

    I have had 3 major back ops (1 revision already). My main complaint all along was my hip and asked surgeon numerous times is it my hip, but always said no, its my back. I never had chronic back pain, main issue hip and leg. Even in his report sta...

    Scott’s Answer

    These cases are complicated, and a competent review will include looking at the relevant medical records. Your best option is to have an experienced attorney review the records and case with you immediately.

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  • After a fender bender in WA, is it necessary to call the police?

    I was recently in a fender bender and the driver who caused the accident said it wasn't necessary to call the police. There was minimal damage to my car. We exchanged info but I'm assuming I need to go file a police report?

    Scott’s Answer

    You are required to file a police report in Washington if the damage to the vehicles exceeds a certain amount or if anybody was injured. It may be important to your case to consult with an attorney before filing the report if you will later be making a claim for injuries and compensation. I would contact a lawyer prior to filing the report if you believe you have an injury claim.

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  • My actions caused an accident with two other cars, but my vehicle was not involved. Am I liable?

    I was at a stop sign waiting to turn left onto a road that had two lanes north bound, two lanes south bound, and one middle turn. After waiting for a while, I went to turn left into the middle turn lane, before merging over to the north bound lane...

    Scott’s Answer

    Your question is difficult to answer based only on the facts you have provided. The fact that the police officer, who investigated the incident and interviewed all parties, didn't issue you a citation could be a good sign for you. Sometimes the police officer is not able to assign blame immediately, and they may issue a citation after the fact by sending it in the mail. If more than a couple weeks goes by and you have not received a citation, it is unlikely that you ever will.

    If you get a citation, make sure that you respond within 14 days if you wish to contest it. Otherwise, you will be found automatically to have committed the infraction and it will go on yoru driving record.

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  • I recently received a Summons for a lawsuit that is post dated 5+ months ago. Is this common and how do I respond?

    This is pertinent to a car loan.

    Scott’s Answer

    A summons has a specific time within which to answer, usually 20 days. Under certain circumstances, you may have up to 60 days to respond, depending on where you were served. You may be in default, meaning that an order and a judgment may have been entered against you.

    Here is how to check. Look at the case number, and go to the Washington State Courts' website. There is a resource there which allows you to find the case according to the county in which it was filed. Pull up the case and see if a default order has been entered. If it has not, then you should consult with a lawyer immediately in order to get a notice of appearance filed and then an Answer to the Complaint. It is also possible to have the default reversed, or vacated, if you can show that you never received notice of the original law suit in a timely manner.

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  • II was caught for shoplifting so got a pretral diversion prog from the prosecutor i signed it and i am currently on probation my

    case is not filed into a court now i am realising that the probation was a guilty agrrement so i want that if its posible that the prosecutor modifys my probation agreement as this a conviction for imigration purpose and i am on h4 visa my offen...

    Scott’s Answer

    You stated that you are on a pre-trial diversion agreement, and that the matter has not yet been filed into court. It is more likely that since the prosecutor's office is involved, the casehas been filed in court, and that your are on a probationary status with the court.

    If you are in compliance with the pre-trial diversion agreement, then there shouldn't be any conviction entered or finding of guilt.

    It is critical to craft such agreements with "immigration safe" provisions. Typically, this means that the prosecutor and the defense agree to not make the police report an official part of any court filings unless the agreement is breached.

    If you are in compliance with the diversion program now, the prosecutor may agree to allow the agreement to be altered so that there is nothing in the court files, with BICE can sometimes construe as a conviction, even if it is not in fact a conviction in the court of record.

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  • Speeding ticket in wa

    I recently got my first speeding ever. Is it better to go to court or just pay the fine?

    Scott’s Answer

    It may depend on how much time you have to contest the matter, and the fact of the case. If you indeed were not speeding and you have the time to challenge the matter, you could request a hearing, and then also ask for the speed measuring device expert to be subpoenaed into court. This may provide you with an argument to dismiss the matter.

    Another possibility is to request a deferred finding in court--you can receive one of these every seven years for a moving violation. You will be placed on probation for a year, and if nothing goes wrong, the matter will be dismissed at the end of this time.

    If you just pay the ticket you will not be able to ask for either of these options.

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