Colin Michael Scott’s Answers

If you are involved in an accident, PIP coverage can be used to help pay for things like medical bills, wage loss, loss of services, and funeral expenses—regardless of whether you’re at fault for causing the accident. These services are commonly referred to as pecuniary or economic damages, which do not encompass damages for pain and suffering. To seek damages for pain and suffering, you need to make a claim against the person who hit you and seek compensation from their insurance company....

If the driver was apprehended, they will likely be charged with one or more crimes. As the victim, you are entitled to restitution (i.e. financial reimbursement) for the damage he/she caused to your property. Restitution is typically ordered in criminal matters at the conclusion of the case by the presiding judge. However, restitution isn't automatically ordered in every case, so it is important that you contact the prosecuting authority (i.e. the agency responsible for filing criminal...

If the driver who hit you was in the "course and scope" of employment (i.e. working) at the time of the accident, then his or her employer may be held vicariously liable for the driver's actions, allowing you to effectively hold Postal Express responsible for any damages that you and your friend incur (monetary or otherwise). Most companies carry what is referred to as a commercial policy, and these policies generally provide far greater liability coverage than most drivers carry in the State...

The merits of your mother's potential case have nothing to do with Whole Foods' CEO. However, if your mother did not contribute to the injury causing event, a presumption of liability might be established by invoking a legal doctrine known as "res ipsa loquitur." That said, the most important thing for your mother to do is get the medical treatment she needs to recover from her injuries. Concussions are a mild form of a traumatic brain injury (a.k.a. "TBI") and can be very serious in...

What is considered "fair" is entirely up to you. However, it's important to realize that if you accept the settlement that is currently being offered, you will be unable to seek additional compensation for your injuries from the adverse driver (i.e. the driver who hit you), even if your injuries turn out to be far worse than you originally anticipated and you require additional medical treatment and/or time off from work. For this reason, I must agree with my fellow attorneys and advise...

The first thing I would recommend to you is stop posting comments like this on a public forum which are accessible by the general public and can potentially be used as admonitions (an exception to the hearsay rule) in a court of law. Secondly, you should contact a local attorney and consult with them privately about the facts in your case. In order to protect you, an attorney needs to have developed an attorney-client relationship with you, which is only possible after you've consulted with...

First off, let me say thank you for your service to our country. Secondly, I would like to commend you for being concerned about this incident and taking action. All too often, matters such as this go unnoticed by the general public and result in the catastrophe you described involving the young woman who was permanently disfigured in Washington several years ago. That said, my advice is to contact the Washington State Patrol and notify them what happened. Because this is no longer an...

I am sorry to hear about your situation. It sounds as though you've had a rough ride. That said, I agree with the other attorneys who have posted responses to your question on this forum. Medical malpractice cases are extremely difficult and expensive cases to prosecute. Because of this, there are very few attorneys willing to take on such cases without there being clear evidence of malpractice and significant damages. Clearly, you've suffered significant damages as the result of your foot...

You can request that the NCO is struck and/or modified. Usually, this is done by contacting the prosecutor's office and filling out what is commonly referred to as a "victim's input statement." You can also speak to the prosecutor directly and ask them to strike and/or modify the NCO. However, the decision to strike and/or modify the NCO will ultimately rest with the court, and will depend on a number of factors (i.e. the severity of the assault, prior offenses, witness statements, victim's...

Medical malpractice actions in the State of Washington must be brought within three years of the act or omission alleged to have caused the injury or one year after the discovery of the alleged negligent act or omission, whichever period expires later, and no later than eight years after the malpractice occurred. (See RCW 4.16.350.) The statute of limitations may bar you from suing the doctor who cut your spinal cord, but you should nevertheless contact a personal injury attorney who...