Steve C Franklin's Answers

Military law, divorce from military servicemen, procedure for seeking full custody of child WA state

Hello. With regard to custody disputes in Washington State the court will always look to determine "the best interest of the child", therefore any determination will require a review of a broad spectrum of facts. If you and your husband can agree on a custody arrangement the court would likely not interfere with it unless there were a problem. Your husbands deployment status will definitely be a factor in the custody determination and because of it a court very will decide to make you the...

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What can i do?

You are most likely barred from any legal action under something referred to as the Feres Doctrine. Even if you were not you would still have a very difficult case as you would have to prove that the Marine Corps actions caused your damages. If clear policy was violated you should report it and reduce the likelihood that it could happen again. You can do this through the IG office, Congress, or running a formal complaint up throught the COC. Keep in mind this is general advice based on...

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I have a third party lawsuit going that seems to be a good case is there a way to figure out what is the max we can sue for

There is no jurisdictional dollar limit on what you can sue for in Superior Court. Although in District Court you are limited to $75,000.00 total. There are also options such as arbitration for cases involving less than $50,000.00. I would recommend a free consultation with a personal injury attorney. You need to understand what the full scope of damages are, as well as other issues in your case. Another important factor that needs to be evaluated is collection. Is there insurance...

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Lawyer didn't pay medical lien when case settled

There are many different possibilities here and the analysis starts with the medical lien itself. If this is a statutory medical lien that was in force at the time of settlement there is also a potential violation by the third party insurance company. With regard to a possible "violation" on behalf plaintiff's attorney that will depend on the factual circumstances. Did the attorney sign a letter of protection? Was the attorney aware of the lien? There are different variables in play...

What should be reasonable Settlement offer ?

There are several additional factors and variables that need to be considered. Valuing cases is not an exact science and varies widely depending on your circumstances. Most reputable personal injury attorneys offer free consultations where they can discuss your case and possible options more concisely. I would recommend you schedule an appointment and become fully apprised of your options and rights.

Is 2000,settlment reasonable for a car acc. for kids?

Contact a personal injury lawyer for a free consultation. Most reputable attorneys will not count your offer against the fee that they ultimately charge. For the most part having an attorney will substantially increase your recovery and even the playing field when it comes to negotiations. From a quick review of your facts the offer seems incredibly low also your case does not seem suited for small claims. I practice in Washington and if you are in my area I would be available to speak...

Hello, My daughter was involved in an auto accident last week. She has been found at fault - her car was totalled.

It is very likely that you have received a standard letter advising you of the extent of your coverage. You should feel free to contact the insurance adjuster on this claim and address your concerns. It may alleviate some of your fears to get an idea of what type of financial damages are involved. Because it is so soon after the accident this information may be somewhat incomplete. Providing you with excellent advice would require more facts. In general however, it is unlikely that a...

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Can i file a lawsuit against a local school

I would recommend you take advantage of a free consultation with a personal injury attorney in your area. The question of whether or not you have a claim that is worth pursuing can only be answered by considering the unique factual circumstances and understanding the relevant law in the jurisdiction. As a general matter a school can be sued, and landowners do have legal duties to keep their grounds reasonably safe.

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What military action would be taken against an officer who is married but fraternized with a fellow officer?

There is a full range of possibilities for a scenario like this. Potential actions could range from: no action, all the way up to criminal charges and adjudication under the UCMJ. A key consideration would be what impact this scenario had on good order and discipline within the military. Command leadership has significant discretion in these cases to pursue whatever action they deem appropriate under the specific factual circumstances of the case. With regard to the wife and children, your...

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I was driving my friend around while he was drunk in his car and rearended somebody. Am i responsible to pay for my friends car?

There is a great chance that you could ultimately be financially responsible for this incident - especially if there is no insurance available. Typically if both of you have insurance the insurance companies will work it out depending on the policies. It is possible that his policy will provide the primary coverage. It is probably not a bad idea for you both to notify your auto insurers about this incident. This will come in handy if anyone in the other vehicle decides to make a claim for...