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Kirk Charles Davis
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Kirk Davis’s Answers

45 total


  • Can I sue a rehab facility for physically assaulting a patient?

    My alcoholic brother went to a rehab facility recommended by his doctor to detox. While there is was punched in the chest by one of the caregivers. The punch left a large bruise in the center of his chest. We have pictures of the bruise but my...

    Kirk’s Answer

    You should do several things in my opinion. You should report the incident to the police. Also, these facilities are licensed by the State. You should report it to the State. This is a crime. After the police have finished the investigation and if there is a criminal prosecution, you may also want to consider civil remedies such as a lawsuit.

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  • Wanted: attorney experienced in Seattle Police Department use of excess force resulting in personal injury and property damage

    beat up by SPD Officers during arrest for use of walking stick as a 'weapon' in self-defense when attacked by three youths trying to steal the walking stick.

    Kirk’s Answer

    Sorry to hear about this. These are really tough cases because the officers fight them really hard. They don't want this kind of thing winding up on their record.

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  • I was injured while on a city bus. Should I work it out myself with the city bus,or hire a lawyer, what in general does it cost

    I was on a city bus when it hit a small car. I got out of my seat, hit the floor hard, when the bus suddenly stopped. I was sent to emergency by ambulance, also had multiple hospital visits afterwards, incurred medical bills. I heard from my ow...

    Kirk’s Answer

    I agree with the other lawyers who have posted here. I think it is wise to hire counsel unless your injuries are slight and liability is clear. It does not sound like you have either of those going on here.
    If this is a King County case, your medical insurer is correct, the County Prosecutor handles the cases for Metro and generally take an aggressive posture in the start of the case.

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  • Is it the rental car owners responsibility to provide the needed information to my attorney.

    I was in a wreck with a driver who was in a rental car. The driver of the rental was at fault and was self insured. The driver didn't provide information regarding insurance to officer. We did get an exchange of information sheet.

    Kirk’s Answer

    It sounds like there was the correct exchange of information so you do have the insurance company's information for the driver who hit you? You will want to have your attorney contact that insurance company. I'm sure that insurance company will contact the driver who hit you and find out about any insurance through the rental car company
    Strangely, in Washington there is no requirement that rental car companies have liability insurance before renting the vehicles. Thus, you could have a situation where you get hit by a person driving a rental car and there is no insurance from them to cover you. You would have to look to your own uninsured motorist coverage. It is scary there are folks out there who will lie to the rental car companies about having their own insurance and then you have no recourse unless you have your own UIM. Best of luck to you.
    I wish the law in Washington would change to mandate the rental car companies provide liability insurance. They, of course, insure their own vehicles against property damage, but not for the damage done or injuries done to anyone else.

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  • Where to bring lawsuit against perpetrators when sexual / emotional abuse happened in India but both parties are in US ?

    If a child was sexually and emotionally abused in India, where can he bring lawsuit ...it has to be India? because abuse happened in India? or now that this child is US citizen and move to USA ..lawsuit should be filed in USA? now that child is ...

    Kirk’s Answer

    You would usually bring suit where the defendant's reside. I think you should contact an attorney in MA.

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  • How do I find a lawyer to handle this case? Who would be willing to do this or what can I do to find someone?

    I have an acquaintance who is incarcerated and I'm trying to find him a lawyer for a police misconduct case from July of 2014. He was contacted by law enforcement, questioned about a stolen bike and notified of warrants against him. The end result...

    Kirk’s Answer

    You are right that he needs an attorney. Feel free to look at firms that focus on this area of the law. The fact that he was offered a settlement while he was unrepresented is pretty unusual. He may be able to increase his offer just by hiring the right attorney. You should call someone whose emphasis is on this area of law. There are several in Seattle who are excellent.

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  • My question: Can these bldg owners be held liable for false sense of security? I have suffered from PTSD since the incident.

    I was sexually assaulted in downtown Everett outside my sisters apt bldg. My 14yr old son was with me! Her landlord had cameras and 24hr surveillance notices surrounding bldg. There were many other homes and bldgs with cameras and 24hr surveil...

    Kirk’s Answer

    I'm very sorry to hear about this assault especially while you son was present. This is horrifying. I can't understand why no charges were filed. You should definitely follow up with the Snohomish County Prosecutor and find out why the case has not been filed.

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  • Shouldn't the medical facility or dr be responsible for these bills, not my son? What type of lawyer can help with?

    My son (18 and an adult, but not really..) went to the dr for a routine check about back pain. The nurse gave him a shot standing up, then she turned around. Well, he passed out from the shot immediately and collapsed, hit his head on chair and wa...

    Kirk’s Answer

    It sounds like you just want someone to call and get this straightened out so your son won't have to pay 5k in bills. I hope that is possible because it is unlikely you would want to incur the cost of a medical malpractice case. Just hiring a doctor to examine the case and figure out if this was below the standard of care would cost several thousand dollars. I suggest you do call a medical malpractice attorney and have him or her see if something can be negotiated for your son.

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  • Can i sue this counselor

    I am a Navy vet and mst survivor . I went to a va center in spokane valley and saw a licenced Counselor to help me with my benefits during this time this became inappropriate sending me nasty crude emails. ..threatening me he accessed my military ...

    Kirk’s Answer

    It certainly sounds like you have a potential cause of action for harassment and you had to actually get a protection order, so it sounds like you were very concerned by this behavior. Should chat with an attorney in Spokane who is familiar with federal tort claims.

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  • I now have hypertension, kidney issues and p.t.s.d. Isnt the anesthesiologist at fault? And do I have a ligament case?

    I believe that I have a medical negligence case. On February 23 I had a scheduled c-section. During the procedure I puked and my guts fell out. Immediately after that the Anesthesiologist put me to sleep which caused me to aspirate unknowingly....

    Kirk’s Answer

    Oh my goodness. That sounds terrible. I can't imagine what you were going through with having a newborn and being so sick yourself. I'm so sorry that happened to you. Now, you are left with serious medical issues as well. Unfortunately, as some of the other attorneys have pointed out, we don't know if this was malpractice or not without consulting a doctor familiar with operations and anesthesia. I hope you do have a case and you should contact a lawyer to help guide you through the decision making. I hope you get better and I hope your child is ok.

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