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Colin Michael Scott

Colin Scott’s Answers

21 total

  • A driver smashed into my fence and house causing major damage and drove off, what can I do to make them pay for it?

    Driver drove off, there were many witnesses and the person was caught. We have the police report with the driver's information, he has no insurance.

    Colin’s Answer

    • Selected as best answer

    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 charges against the driver) as soon as possible and inform them that you intend to seek restitution for the damage caused to your property.

    If the crime occurred in King County, contact the local prosecuting authority using the information contained in the below link. Someone there should be able to assist you and answer any questions you have. They will also be able to keep you informed regarding the status of the defendant's case, and walk you through the process of obtaining an order for restitution. Good luck!

    http://www.kingcounty.gov/Prosecutor/victimassistance.aspx

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  • Looking at 3rd foot surgery as dr cannot get it right, can i sue?

    Had $54,000 reconstructive foot surgery on 4-24-12, was in wheelchair for 3 months, went in for followup on 7-10-12, had to have $9000 emergency surgery to remove the two titanium screws in right foot, as they were in the wrong positions, one was ...

    Colin’s Answer

    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 injury. However, based on the facts you've described so far, it is difficult to determine whether malpractice was in fact committed.

    Taking all of this into consideration, I would caution you against divulging too much information in this public forum, and would advise that you contact an attorney who specializes in medical malpractice cases in the Spokane area. I am also curious to know how you injured your foot to begin with, since this may present an alternative path to recovery. Good luck.

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  • Can Domestic victim request/ask to lift up no contact orders ? my boy friend was charged with DV assault 4 degree. can I request

    can I ask the court to lift up the no contact orders, during the trail ? his lawyer filed a notice of appearance; plea of not guilty; demand for jury trial; and request for discovery. what kind of questions I will face during the trail ? we want h...

    Colin’s Answer

    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 input statements, etc.).

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  • An attorney accepted my complaint 18 months ago and now complains he is unable to represent me .... What do I do?

    I had surgery for a hernia. The doc offered a patch to cover the area. After the surgery was done I started having problems. I had an attorney already and told him of my complaint. He stated he would accept the complaint after we discussed the iss...

    Colin’s Answer

    There may still be time to find a qualified attorney who will agree to represent you and file a lawsuit on your behalf. However, if you wait too long, you will be forever barred from making a claim for your injuries by the statute of limitations. Therefore, time is of essence, and you should seek advice from another attorney as soon as possible.

    I am currently looking into a pelvic mesh case that sounds very similar to yours and would be happy to speak with you at no cost. My office phone is: (360) 718-3640.

    Good luck!

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  • In 2004 I had a disc operated on in my back and the surgery went badly with the surgeon cutting my spinal cord

    I just found out he was not board certified to do the. Surgery is it to late to bring a case against him? A top surgeon at Swedish Hospital in Seattle knows the doctor and hospital and says they should have never let him do the surgery. I can wa...

    Colin’s Answer

    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 specializes in medical malpractice cases to determine whether it's possible to file a lawsuit in your case. These cases are notoriously difficult to prosecute (and also very expensive), which is why there are so few personal injury attorneys who specialize in this field. If you need the name of some local attorneys who may be able to help you, please feel free to give me a call or shoot me an email and I will be happy to speak with you. Best of luck.

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  • My mother had a unsuccessful knee replacement surgery which had to be done again, however that has left her permanently disabled

    * First of all, this happened about 6 years ago. * Her initial surgery didn't turn out well, she lost almost all of her mobility in her leg * Same Doctor performed the second surgery shortly after to try and fix the first unsuccessful procedure ...

    Colin’s Answer

    In the State of Washington, medical malpractice actions 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. (See RCW 4.16.350.)

    That said, you may have some room to argue that your mother didn't discover the alleged negligent act or omission until just recently. Indeed, there may have been no negligent act or omission at all, which is why you should contact a personal injury attorney who specializes in medical malpractice cases and will give you a candid assessment of your mother's case.

    Medical malpractice lawsuits are notoriously difficult cases that are expensive to prosecute, which is why there are so few personal injury attorneys who specialize in this field. If you need a referral, please feel free to give me a call and I will be happy to speak with you. I wish you and your mother the best of luck.

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  • I was t-boned by an eldery lady who was trying to cross in a busy road. She was ticketed for the fault. My car got totalled.

    as a result of the accident, i have headache, chest pain, back pain, and neck pain. The insurance company is willing to settle for: * 750.00 payable to me for pain and suffering * 1700.00 ER vist *1000.00 chiropractor visit Is this really fair?

    Colin’s Answer

    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 against settling your claim too soon. Resist the temptation to settle until you're finished treating. That way, you can approach the insurance company with a settlement figure that accurately reflects your total economic damages and any pain and suffering you've endured. Only then will you be in a position to determine what is "fair."

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  • Who's insureance is responsible and should I talk with my insurance company yet?

    I was rear ended in Seattle Washington. The driver was working for a courier service called Postal Express. The driver was somehow uninsured, yet working at the time. I suffered some neck pain, a concussion, and some post concussion issues. Th...

    Colin’s Answer

    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 of Washington, so there may still be adequate insurance to cover you and your friend---even if the driver who hit you was not personally insured.

    Additionally, if you are a Washington resident and carry auto insurance in this state, you likely have coverage on your policy referred to as "PIP" (Personal Injury Protection), which can be used to help pay for things like medical bills, lost wages, and other essential services. There is no deductible for using this coverage and your insurance company cannot raise your premiums or cancel your insurance for doing so (provided the accident wasn't your fault). PIP coverage also covers any passengers who are in the vehicle at the time of the accident, so these funds are available to your friend as well.

    If you have additional questions, I would encourage you to speak with an attorney who is experienced in these matters. Most offer free consultations and will be happy to speak with you. Good luck!

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  • I got Assaulted at a bar in there Parking a lot. Can I Sue the bar?

    A fight big broke out after the bar. I did not know none of the guys fighting. The cops came to the bar to Arrest the guys that were fighting. So I went outside to leave home. I had my back turned and one of the guys assaulted me. I was unconsciou...

    Colin’s Answer

    These are difficult cases for many of the reasons already given. Additionally, more facts are needed to determine whether liability exists on behalf of the bar/owner of the premises where you were assaulted. For these reasons, you should seek the advice of a local attorney who can answer your question in greater detail after you've provided them with additional facts regarding your case.

    As a side note, you may also consider contacting local law enforcement. Keep in mind that any statements you provide to them will likely be included in any report that gets filed, which will become public record. However, they will also have resources that are available to you that may help pay for your medical bills through something called the Washington State Crime Victims Compensation Program. For additional information see: http://www.lni.wa.gov/ClaimsIns/CrimeVictims/default.asp

    Hopefully this information is helpful to you, and good luck!

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  • I have an accident claim with another insurance and a PIP with my own. To which company do I ask for pain & suffering?

    The other insurance is accepting only 90% liability. I plan to demand 100% when I receive their written offer. I was travelling down the road when a vehicle that was parallel parked attempted a U turn without signalling. The point of impact was...

    Colin’s Answer

    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. Based on what you've indicated so far, it sounds as though the adverse driver's insurance company is giving you the runaround (by disputing liability) and you should seek the advice of an attorney who is experienced in these matters.

    If you have any additional questions, I am in the office presently and would be happy to speak with you. Best of luck!

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