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Erin Healy Hammond

Erin Hammond’s Answers

41 total


  • Does a "Plaintiffs' Disclosure of Witnesses" count as a pleading?

    I am organizing a docket and have run across a "Plaintiffs' Disclosure of Witnesses" which is not listed on the superior court case summary.. It looks like a pleading to me but I found it in an exhibit and it doesn't show up anywhere else.. Does t...

    Erin’s Answer

    Witness disclosures are filed with the court in some counties and not in others. Speculating here - it may have been served in the case you are looking at, but not filed with the court.

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  • Does my Good to Go toll appeal have a chance in superior court? Pretty straightforward

    Pay by mail. 12 trips on 520 from 3/2013-9/2014. 1st bill arrives; paid. None until 9/2014 with $900 in civ pen. Request to hold hearing. Asked for evidence packet of returned mail over the phone, was told judge would have at hearing. No notice of...

    Erin’s Answer

    • Selected as best answer

    I saw a news story last night about a class action that was just filed about Good to Go billing, surprise penalties etc. You might want to look that up, and contact those attorneys to see if they might be able to help or have some information for you. Do not delay at all, as timeframes for proceeding after hearing are extremely short.

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  • Interrogatories and Request for Admissions in Small Claims Court?

    I am being sued in small claims by a family member who is an attorney, for not refunding her money for a trip she decided she didn't want to come on after it had already been paid for. We have contract and a solid defense, however, she is floodin...

    Erin’s Answer

    It is my understanding that generally there is no formal discovery in a small claims proceeding. Rule 81 of the WA Civil Rules for Courts of Limited Jurisdiction exempts small claims cases from the rules. Of course, local rules may apply. In small claims cases, I have seen the court clerk suggest writing a letter to the judge for matters that needed clarification before the hearing. You might do the same here, or call the court clerk and ask what to do. The clerk's office cannot give legal advice, but it may be able to provide some form of guidance. Good luck.

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  • Exchange student program/insurance refuses claim for water damage/mold caused by student.

    My bathroom was flooded by an exchange student I hosted, flooded to the point I had water pouring into and pooling in my basement. As a result of this water damage I now have mold in my basement and water damage to the wood around the bathtub. I h...

    Erin’s Answer

    You might consider making a claim on your own homeowner's insurance. If it covers it and feels that the student (or the company that placed the student) has liability and is collectible, they can pursue reimbursement from the at fault party and you don't have to hassle with it.

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  • RN accused unprofessional conduct

    Received letter from WA State Dept of Health regarding a possible investigation. I need a top notch attorney who handles/represents nurses in WA state. Immediate help will be greatly appreciated it.

    Erin’s Answer

    This is a niche area of the law. Make sure that you obtain assistance from experienced counsel. You may be eligible for coverage for the cost of counsel through your employer/employer's insurer, so I'd suggest you look into that possibility. Also, if you have received what the Department/Commission refers to as a "letter of cooperation," where it requests a narrative response regarding the allegations or documents (or both), take this response and deadline very seriously -- a failure to cooperate with the obligations you have can lead to discipline separate and apart from the merit (or lack of merit) of the underlying allegations. (However, you do not need to cooperate beyond the legal obligations you have and sometimes the investigators request more than they are entitled to -- I'd suggest seeking counsel on the scope of your obligations in addition to counsel on the substance of the response.) Good Luck!

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  • I have a question about a section of a lawsuit including a "Limited Physician/Patient Waiver" & wanted to know what it means

    I am involved in a personal injury claim for a car accident and have been researching lawsuit stuff and was wondering if you have to do that - couldn't find it on the Washington State Court website but I think I read something somewhere about it h...

    Erin’s Answer

    There's just not enough info in your post and without seeing the documents, the specific question can't be answered. However, I'm guessing that you may actually be a defendant and are looking at a complaint that contains some language about the statutory waiver of privilege 90 days after a personal injury suit is filed. If that's the case, a very general explanation is that many plaintiffs in WA include a statement about that in their complaint, with a primary goal being to get the defendant to admit that plaintiffs' recitation of the law is accurate. (It may or may not be, depending upon what is said.) Theoretically, this could become an issue if the defendant wants more records from the plaintiff than the plaintiff wishes to provide.

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  • What type of attorney do I need for an issue with my medical records being compromised?

    My ex-wife worked in medical records, had access to my medical records, and has now admitted that she added damaging info to my records. This has prevented me from getting medical issues addressed and possibly affected my employment. My records ...

    Erin’s Answer

    I'd suggest informing your health care provider of the issue and asking that the records be amended (in writing). RCW 70.02.100 has requirements for the health care provider's response to such a request. Good luck.

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  • I was in 2 accidents within 5 months of each other. I have been treated over 4 years and have permanent damage to my head.

    I am using a lawyer from a TV commercial and they have changed my "attorney" 3 times since I chose them. Today I went to mediation and they wanted me to settle for less than my medical bills and attorney fees. They didn't even have the deposition ...

    Erin’s Answer

    It's hard to say whether they were prepared or not from the information in your post. There are a lot of things that go into determining whether an offer is a good settlement or not. There are times when it makes the best sense to accept less than the total of medical bills and attorney fees, and there are times when it doesn't. Each case is unique and has individual strengths and weaknesses; generally speaking, stronger cases are worth more.

    That said, I'm writing primarily to note that your attorneys would typically NOT depose your own treating physician. You generally only depose witnesses who are adverse to you, or (at times) neutral; you don't depose your own witnesses (which your own doc should be -- if he/she is not, the case has problems, which could be one reason to take a smaller offer...).

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  • Is there a divorce attorney that has like a sliding scale fee based on income levels in longview wa?

    I cannot do this divorce by myself. I am so confused and overwhelmed. I have a protection order against my husband and he has not stopped harassing me via email. He had threatened to keep our son from me and more. I called the police and made a re...

    Erin’s Answer

    Here's a link to the WA State Bar Association legal assistance information page. I would suggest contacting the "Moderate Means" program, though other programs listed here may also be able to help. Good luck!

    http://www.wsba.org/Resources-and-Services/Find-Legal-Help

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  • Wrong billing and malpractice

    My chiropractor didnt diagnosed me correctly, lied on billing and also showed drunk to my last 2 sessions. He put a lien on my settlement and was paid for dates he didnt do. Him and my lawyer have a few :) cases together and work on their best int...

    Erin’s Answer

    In addition to what the other lawyers have said, if you feel certain about the allegations you are making, I would recommend that you file a complaint against the chiropractor with the Washington State Department of Health. You can find the form and the process on the Department's website. This will trigger an investigation, where evidence will be gathered from a variety of sources. If, at the conclusion of the investigation, the Department believes there has been "unprofessional conduct," it will open a disciplinary matter against the doctor. A number of outcomes can result from this, including an agreement by the doctor to pay certain money. Complaints should not be filed lightly, but if what you allege is true, this very serious and should be brought to the Department's attention.

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