Skip to main content
Daniel E Stowe

Daniel Stowe’s Answers

39 total

  • Can a plantiff ask for dismissal in court after offering to settle with defendant a day before court date?

    Defendant failed to file an appearance after being served and now wants to resolve the issue. The defendant offered a full refund in exchange that I dismiss the law suit. They offered on Friday and court is on Monday.

    Daniel’s Answer

    The short answer to your question is "yes". The case is yours to dismiss, but be careful about the order in which you proceed. I am presuming that you don't have a statute of limitations issue which would prevent you from re-filing if you dismiss and settlement falls through. I agree with Ms. Goldstein as the best course of action: advise the court of your tentative settlement and get a continuance, then take that additional time to finalize the settlement/Release and only then take your dismissal.

    See question 
  • What happened to those Attorneys who know they are good enough to win any case?

    A lawyer who gets paid if the client wins the case?

    Daniel’s Answer

    • Selected as best answer

    As to your first question, I agree with previous posts. As to your second question, you may be referencing a "contingency fee" agreement. In that situation, the attorney's fee is based on an agreed percentage of any recovery made on your behalf (plus costs usually). So, s/he doesn't receive a fee if no $ for you.

    See question 
  • What are the differences between public defenders, lawyers, and attorneys? Are they different? I am confused.

    I always hear those titles but aren't they all the same? Isn't the only difference who they work for? To my knowledge Public Defenders work for courts, and lawyers/attorneys work for private firms. Am I wrong to say that the term "lawyer" is just ...

    Daniel’s Answer

    In addition to the previous posts, Webster defines "lawyer" here
    http://www.merriam-webster.com/dictionary/lawyer and
    "attorney" here http://www.merriam-webster.com/dictionary/attorney

    See question 
  • Washington State Court rules, CrRLJ and IRLJ . What purpose do they serve ?

    Are the Court rules for all to follow or is the court exempt from having to comply with these rules or procedure's or decide as to which to follow when any given situation would arise. If the courts don'...

    Daniel’s Answer

    OBJECTION - compound (I count no less than 8 or 9 separate questions in your question. I could've missed a couple). To answer your first question ... One of the purposes served by the rules is to provide a framework within which all parties and counsel can operate with some expectation of consistency. Having said that, no set of rules can contemplate or foresee every set of circumstances which may arise in a given case, so the Courts are given broad discretionary powers in many instances to decide differences of opinion as to a rule's application. Hopefully that answers your question(s).

    See question 
  • Car insurance asking me for payment

    I was involved in a car accident where I hit another car from behind. The other person's insurance company (Travellers) sent me a letter asking me to pay them the amount not covered by my insurance. Specifically, the repairs on the other car we...

    Daniel’s Answer

    You may want to double-check your policy Declarations and specifically the PD (Property Damage) limit. $5k seems exceptionally low (i.e., have never seen such a low policy limit). Based on the facts as you've presented them, however, (1) you are liable (you hit other car from behind), (2) other insurance is supposed to cover (and apparently already has paid $11k), and (3) subrogation principles allow Travelers to attempt to recover amounts they paid from those responsible (you and your insurance company).

    See question 
  • My boyfriend was driving my car and got into a wreck which was his fault. I only have liability, should his insurance pay ?

    My insurance it paying for the damages to the car that he hit but they will not pay for mine. He has full coverage with state farm.

    Daniel’s Answer

    State Farm should pay for damage to your car. Typical policy language (Liability Coverage) provides that it will pay for property damage (your vehicle) for which any insured (your boyfriend) becomes legally responsible because of an auto accident. Unless his policy has some unusual restrictive or exclusionary language, it should pay. Submit your claim to SF. Good luck!

    See question 
  • My car was parked in the street, it was hit, the woman who hit it has Insurance, I was told they will only cover 1/2 the repair

    Can they do that only cover half

    Daniel’s Answer

    There must be more to this story. As presented, yours is an unusual fact pattern -- unless you were illegally parked (50% reduction for your fault), have an extremely expensive car + they have unusually low property damage limits, or your car is worth nothing and cost of repair exceeds vehicle's actual cash value (am I getting warm?). If you feel other carrier is not treating you properly, try your insurance (assuming you have collision coverage) in which case your deductible may apply.

    See question 
  • My Lawyer wants to drop me? Do I get charged money for being "Dropped" & other

    I was involved in a car accident someone rear ended me and another car was involved I got a lawyer and have been going to the chiropractor he sent me to recently my lawyer has told me the evidence is now showing that i may be at fault as wel...

    Daniel’s Answer

    You should have signed a fee agreement which spells out what, if any, costs you're responsible for irrespective of who does the "dropping". This is the contract between you and your attorney. Look it over.

    See question 
  • I would just like to know if a person that is sueing me for personal injury can they sue the LLC that Im share holder of?

    I would like to know if lets say I accidently shot someone and they file a civil suit against me I need to know if they can come after the LLC that Im attatched to or share holder of?

    Daniel’s Answer

    As with most legal questions, facts are everything. I agree with previous posts that LLC could be sued, the more relevant question is whether there is a legitimate basis. For example, were you acting on behalf of LLC at the time? If yours was truly a hypothetical -- you need do nothing more. If your "let's say" scenario truly occurred -- retain local counsel.

    See question 
  • Is the insurance company for a church liable if an injury happened @ an event it sponsored but the injury occurred offsite?

    My son sustained an injury on a step at a "host home" where 10-15 minor boys were sleeping over during a church sponsored weekend long event. The kids were shuttled back and forth all weekend, mostly between the church and host houses. His medical...

    Daniel’s Answer

    Your son's injuries appear to be substantial and warrant consultation with local counsel -- at a minimum. Counsel will be able to explore the facts of your case: what about this step caused your son's injury? Was this a maintenance issue? Should homeowner (or church) have inspected before sponsoring event? Was there prior notice of some defect? Etc. Insurance coverage will depend on the policy language. There may or may not be coverage under the Church's policy. Local counsel should be able to work through your coverage question as well as identify potential parties. Good luck!

    See question