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Michael David Myers

Michael Myers’s Answers

1,059 total


  • What does 13 % impairment of lower right extremity SECONDARY to the industrial Injury mean ?

    I was involved in a hit and run accident which resulted in a Broken Tib Fibula IV I have had 5 surgeries and now have 3 plates and 30 screws in my lower leg . I went to my IME and the Dr wrote I have a " There is a 13 percent impairment of the rig...

    Michael’s Answer

    In personal injury cases impairment ratings are used to quantify the impact of an injury. Ratings are given based on the AMA Guidelines. (I think the 6th Edition is currently used.)

    They are also used (although somewhat differently) in the workers compensation setting.

    Did either you or your employer have UIM coverage at the time of the hit and run? Have you signed a third-party election form?

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  • How much should compensation for a car accident where a pregnant woman was involved and subsequently had a miscarrige be?

    I was involved in a head-on collision where the other driver made an unsafe left turn in front of the car I was a passenger in and as a result had a concussion, dislocated hips and a partial miscarriage, which I then had to go for a procedure to h...

    Michael’s Answer

    You should consult with an attorney who has a lot of experience representing clients in cases involving both pregnancy and miscarriage.

    Washington law has a recognized a parent’s claim for anxiety about the health of an unborn child for over 80 years. Elliott v. Arrowsmith, 149 Wash. 631, 272 P. 32 (1928). The opinion in Elliott does more than just state a rule of law. The facts of Elliott are illuminating and provide a reference point for your case.

    Ms. Elliott was involved in a motor vehicle accident. She was pregnant at the time of the accident.

    Before the trial, Ms. Elliott safely delivered a normal, healthy child. No attempt was made to prove any injury to the unborn child. At trial, counsel asked Ms. Elliott if she suffered because of fear about a miscarriage. She responded that she worried “an awful lot”. That was the extent of her testimony. Based on this testimony, the jury returned a verdict of $5,000. The Supreme Court upheld the verdict.

    Total inflation between 1928 and 2014 was 1,352 percent. Something that cost $5,000 in 1928 would cost $67,600 today. To provide additional perspective, a Ford Model A Roadster cost $435 in 1928. The verdict in Elliott was about 11.5 times the cost of a new car.

    General damages are subjective. They cannot be calculated mathematically like special damages. But Elliott provides an interesting and helpful reference point.

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  • Is it illegal to be refused a paper that you signed

    I am being under investigation for fall allegation about having sex with an inmate for Washington state but they have broken some many rules what should I do

    Michael’s Answer

    If you're a member of a union (and the accusation is related to your employment at the jail/prison) then consult with your union representative about having an attorney appointed to help you with the criminal and labor related issues.

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  • Wrongful death of my grand son while in Cps care died of suffocation laying on a couch unattended Do I have a case it's been a y

    I was at a meeting with Cps them stating the the foster home was over capacity it was urgent then it little bit after I got a call at work that my grandson was dead I was not sure if I could start the law suit as the grand mother my grandson was t...

    Michael’s Answer

    A good attorney will be able to help you with the "standing" issue and figure out how to get justice for your grandchild. Standing certainly won't be an issue for the personal representative of your grandchild's estate.

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  • Skin product burned my face can I sue the company?

    I went to a statician and gave me products for my face but it burned me.

    Michael’s Answer

    You may have a claim against the skin care provider or the product manufacturer. The burn needs to be pretty bad to make pursuing the case cost-effective.

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  • Do I have a claim if a surgeon didnt treat a known bone cyst as part of a surgery which weeks later turned into a femur fracture

    I had hip arthroscopy to address a labrum tear and FAI. The pre op xray, MRI, and 3D CT all clearly identified a bone cyst which was a result of the longstanding Impingement. This doctor was a 3rd....second opinion with all 4 surgeons agreeing on...

    Michael’s Answer

    I agree that you should consult with an attorney right away to figure out whether it's going to be cost-effective to pursue a claim. There are a number of good attorneys in Bellingham and in more in Seattle if you have a problem finding the right fit in Whatcom County.

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  • 6 car fender bender fault?

    My son was the fifth car in a six car fender bender. Car number 3 hit car 2 which hit car 1 and was ticketed for following too close and causing the accident. Cars 4, 5, and 6 didn't have time to stop and joined the pile up. Is car 3 liable for...

    Michael’s Answer

    Next steps really depend on whether your son was injured and the extent of his injury. If he was not injured I would just turn this over to your insurer. If he was injured I would set up a consultation with an attorney right away.

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  • How does the settlement funds get distributed that are less than all the expenses?

    My settlement is very small so how do you allocate the funds when the settlement does not cover the attorney costs or medical costs?

    Michael’s Answer

    I agree that this is a good question for your attorney and the answer depends on the terms of the fee agreement and what liens and/or reimbursement claims are outstanding.

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  • Can we ask SkyHawks to responsible for my son's concussion injury in their golf summer camp?

    We would like to ask for your legal advice about my son Jett's head injury during golf camp in Redmond held by Skyhawks on 8/10 after checked in there were other kids there already holding golf clubs and playing. My son picked up golf club and we...

    Michael’s Answer

    Not only do you have a claim against the organization running the camp you also have a claim against the kid who hit your son. The parents' homeowners insurance carrier will likely cover the claim against the negligent kid. Good idea to call and talk with an attorney today.

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  • Can I file a diminished value claim?

    My vehicle was one of 3 three cars hit by an insured driver. The at-fault driver's State Farm Insurance company says there might not be enough coverage to cover all 3 vehicles. Can i file a diminish value claim for my vehicle? If so, do I file it ...

    Michael’s Answer

    Your UIM policy probably does not cover diminished value. Best to get this from the at-fault driver.

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