Justin P. Walsh's Answers

WHAT CAN I EXPECT FROM AN AUTO INSURANCE CO. TO PAY FOR AN ACCIDENT THAT WAS NOT YOUR FAULT AND YOU SUFFERED MNOR INJURIES?

There is no right answer to this. It generally depends on the injuries, how well the injuries are documented by doctors and other medical treatment providers, and long-term prognosis. The 3rd party insurance generally will not pay for medical bills up front. Your Personal Injury Protection (PIP) insurance, if you have it, should pay for it, as well as your own heath insurance if PIP runs out or if you do not have PIP. This will be required to be paid back by any settlement you get from the...

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Claim against city for injury due to lack of sidewalk maintenance

Whether you can bring a claim depends on your state's statute of limitations for personal injury claims. This appears to be generally 2 years in California. Seeing as this occurred 2 weeks ago, you should be fine there. It sounds like it is worth contacting an attorney. Your chances of recovery will depend on several factors, including whether the city had notice, whether they had performed inspections or knew of the dangers of this section of sidewalk, and your own contribution by potentially...

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I have settled with a tenant on whom I have filed a Sommons and Complaint for Unlawful Detainer. How do I cancel the action

You must file a notice of voluntary dismissal. If you have already collected the funds, and you are satisfied you won't have to sue the person again, you can file it "with prejudice", which means that you will be unable to sue again for the same thing. If you file the notice "without prejudice", you may be able to sue again, but may have to pay the costs of defending the first action, before you can start with the second. As with any advice on here, you should check with a local attorney, given...

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Does oral AND longstanding acceptance of rent payments after due date absolve me of late fees?

The acceptance of the late payments without adding a fee may estop (or preclude) the landlord from collecting late fees of a similar nature. The court may consider it a modification of the contract. However, my guess would be that the court or a jury would not consider this a modification, and you would likely be on the hook. You signed the agreement, and it is the best evidence of the terms of the contract. Any modifications are hard to prove. No Washington case has addressed this directly,...

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Can I still be held accountable for an accident where info wasn't exchanged a year later?

In Washington, you are responsible for all the harms and losses caused by a collision for which you are at fault. The time a person has to seek redress against you typically begins running on the day of the accident. From that time, they have three years to file a claim for damages with the court (i.e. - start the lawsuit). Given that it has only been a year, it appears he does have legal redress against you. Whether or not he's entitled to compensation is a different matter and depends upon...

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Is it a invasion of privacy if you take a picture of a girl with her top off exposed if it was in a night club on a dance floor?

I agree with the other commenters. If you're in a public place, its generally not a violation of the right to privacy to be photographed. However, it would most definitely be in poor taste.

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Can I sue or is it too late to Sue for Malpractice ?

This answer largely depends on the jurisdiction. It says you are from Kentucky. The statute of limitations on personal injury claims arising from medical malpractice seems to be 1 year from the date you discovered or should have discovered your claim. The time to bring a lawsuit has likely passed. However, you should quickly check with a medical malpractice attorney in Kentucky, as they would have an idea of the specifics of your state, and any exceptions to that. However, 4 years seems likely...

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Injury not work related suspended for 5 days

I agree with the first commenter. However, if you have suffered an injury that prevents you from driving a bus, you may want to apply for disability if this is causing you long-term problems. Your boss has a duty to make sure the passengers are safe, which includes making assessments of the drivers ability and condition to drive.

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What is the best, most effective way to stop and correct employer's illegal, perpetual stealing of servers' tips, in Washington?

The employer may not take the tips of its employees. The tips are the property of the person providing the service to do so as (s)he pleases. For instance, an employee who receives tips will often "tip out" support staff, such as bussers and greeters, but this is social custom and not an actual requirement. While an employer may take a back end "credit" on tips received by "tipped employees" (employees who receive minimum wage and make more than 30% of their wage in tips) under federal law, he...

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I was injured in an MVA in March 2007. I have settled with the at fault drivers company, but not mine. Did my lawyer blow it?

There is one issue that wasn't addressed in the question. It is true that the law in Washington is six years for UIM insurance. Generally, this clock starts running from the time it is learned that the 3rd party insurance is inadequate to cover your total harms and losses.

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