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Kirk Charles Davis

Kirk Davis’s Answers

23 total

  • Looking for an attorney to represent my fiancé regarding her sexual assault case.

    My fiancé (8 months pregnant) was sexually assaulted while recieving a prenatal massage in Vancouver. We filed a police report and a detective from major crimes in Vancouver is working the case. The therapist in question, has two other sep...

    Kirk’s Answer

    • Selected as best answer

    I used to prosecute sexual assault cases and now I represent people who were sexually assaulted in civil claims.
    The key to a successful suit is to determine if the employer of the therapist knew or should have known of the previous incidents. Certainly, it sounds like they should have known. If that is the situation, your fiancé will have an excellent case against the employer of the therapist. There is obviously a case to be made against the individual therapist as well; however, there are several reasons not to sue the therapist directly. First, there can be a legal problem with including both of them in one case. Second, if you do get a judgment against the therapist, there is strong likelihood the therapist will not have the funds to pay. I usually try and stay in the background as much as possible on these cases until the criminal case is resolved. The reason for this is that the defense attorney in the criminal case will try and portray the accusation as a money grab.
    I wish you the very best luck and I'm terribly sorry to hear about what happened to your fiancé. I've got a relative who is a police officer on the Vancouver PD force and I'm sure they will do a good job for you. Regards,

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  • If I get put on EHM as part of a DUI Plea deal in Seattle, can I go to Tacoma or Vancouver WA?

    Or am I restricted to Seattle only?

    Kirk’s Answer

    You should check with the probation department first - or have your attorney do so to make sure that will be okay.

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  • My husband had two front teeth punched out 10mos ago. Can we still press charges to help with medical bills?

    My Nephew had been drinking, was screaming in front lawn at 1am. My husband went to calm him down resulting in nephew punching him knocking his two front teeth out. Nephew drove away from scene resulting in a crash into vehicle that pushed into re...

    Kirk’s Answer

    You could still file a police report. It is not outside of the Statute of Limitations. It is, in fact, a felony, here in Washington state to injury someone like you were injured. (Assault 2nd Degree) This way, you may be entitled to some money from the Victim's Compensation Fund. I'm assuming your nephew has no money or assets so that a lawsuit against him would fruitless. If he did have some money, you could certainly sue him and the presence or absence of a criminal case would not be decisive.

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  • Is liability hard to prove in Washington State? NON-Auto.

    Anything non-auto.

    Kirk’s Answer

    The burden of proof in a civil case like a personal injury case is preponderance of the evidence. This burden is borne by the plaintiff. In federal court, the plaintiff has to convince all of the jurors. In State Court, the plaintiff need only convince 10 of the 12.

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  • I was t-boned and the insurance found ME liable. Need statutes or case law to refernence

    We went through a 4 way intersection that had no traffic light, stop sign, yield sign, traffic circle, etc. It had absolutely no type of traffic control device and after we had passed through the intersection and we're exiting it we were struck in...

    Kirk’s Answer

    Why are you doing this yourself? Check with your own auto insurance folks and have them defend you. That's why you pay premiums, so you don't have to worry about all this nonsense like legal research! If you were not injured and don't want to sue the other driver, it makes sense for you just to turn this over to your own insurance company and let them handle it for you. If you were injured and want to sue, then I agree with the other attorneys who have answered here that you should consult an attorney.

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  • Whose insurance pays for what?

    11/17/2014 I was the first vehicle in a three car rear impact collision. My lift gate on my SUV no longer opens I and my step son who is 20 have moderate whiplash and all over body soreness. My 9 yr old son went to miner emergency the next day wit...

    Kirk’s Answer

    Question 1: When does insurance stop paying medical bills? Answer: If the treatment is related to the injury caused by the collision which was the fault of the drivers that hit your vehicle, their insurance should pay for whatever medical treatment is required - at least that's how it works in theory. However, it depends upon what kind of insurance they had. What if they were all uninsured? Do you have UIM? PIP?
    Question 2: Whose insurance covers what? Answer: this was covered in Answer to your first question.
    The other questions you want to ask are what kinds of coverages are available? Who was at fault in the accident? How bad are the injuries? How long lasting are the injuries?
    This is why the attorneys who have answered your question here are suggesting you seek legal advice. I agree - if the injuries are significant, it makes sense to speak to an attorney. My first reaction is that $1,500 seems very low to cover everything here, but it is very difficult to say without hearing more.

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  • I was standing on my deck and roofing debris from apt across the fence hit me on the face and eye. I went to ER

    The apartment roof is directly across the fence from my deck. I am even with their roof. There has been several complaints about the roofing being in bundles on the roof for over 2 years. I have and abrasions to my cornea. I also have visio...

    Kirk’s Answer

    Obviously, the most important thing is for you to get better and concentrate and that first and foremost. I think you may have a case if you can show the apartment building owners were on notice from the complaints you mentioned. Whoever you consult may also want to look at suing the roofer. I wish you the best. I can't imagine how frustrated and upset you must feel.

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  • Would the "Federal Tort Claims Act" protect a community health organization open to the public and not part of the government?

    I filed a medical negligence claim against a medical clinic in state court & they said they are going to file a motion to dismiss because they are entitled to "Federal Tort Claims Act protection"... They are not part of the federal government like...

    Kirk’s Answer

    I'm not sure what the "protection" would be since FTCA was enacted to allow people to sue the federal government and not be able to invoke sovereign immunity. Perhaps you will also need to file a claim pursuant to the FTCA before a lawsuit can be brought if that was not done? I would consult an attorney to help you with this.

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  • Do I have a basis to pursue any action against my ex for her continuously rude and harassing communications to and about me?

    I have years of extremely rude and unsolicited/unprovoked text messages from my ex, a voicemail recording threatening violence against my partner and several copies of her posting rude remarks on Facebook and essentially bad-mouthing me to the gen...

    Kirk’s Answer

    If you really do feel threatened and harassed, you can file a petition for anti-harassment. If there is anything recent, you may want to do this and also call the police. It is tough because she is apparently the mother of your children? If this is the case, perhaps sending a letter and letting her know if she does not stop you are going to call the police will do the trick.

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  • Is there a possibility of a wrongful death suit and or are the doctors in any way liable

    Friend had triple bypass was put on blood pressure meds kept going back to dr stating he didn't feel well, had no energy, and could barely get out of bed.. After repeated visits He ended up in the emergency room feeling disorientated and a puls...

    Kirk’s Answer

    I agree with the lawyers who have posted here. I am not a physician, so unless it is obvious negligence like cutting off the wrong leg, it is tough for me to say whether there is a case or not. If medical negligence is suspected, usually we have to have a physician in the same area of specialty review the records and give an opinion as to whether the standard of care was violated. This is expensive and many local doctors are not willing to do it.

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