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Troy Young Nelson
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Troy Nelson’s Answers

6 total

  • Can I bring witness statements to court date if they weren't in original petition?Do I need paperwork with statements to submit?

    King County Court

    Troy’s Answer

    • Selected as best answer

    Generally, statements made out of court are hearsay and inadmissible. It would be better to bring the witness with you and offer to have them testify at your hearing.

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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...

    Troy’s Answer

    Your first party PIP coverage is available for your medical bills and wage loss. Pain and suffering damages are not available under your PIP coverage. Those damages would be the responsibility of the tortfeasor and his/her insurance company (assuming coverage). At this point, you should probably hire a personal injury lawyer to assist you.

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  • If my daughter is giving her unborn daughter up for adoption, and the biological father wants nothing to do with the baby,

    Can I adopt the baby if my daughter wants to give her to strangers? I have years of experience raising my own five children, operating a licensed home daycare, and over 20 years volunteer work in the local school district. I have college credits...

    Troy’s Answer

    Yes, you can. You will have to make sure that both parents relinquish their parenting rights to the child. However, your daughter can refuse and place the child up for adoption through and agency and there would be little you could do to stop that. If you can get her to agree to the adoption and you can convince the father to relinquish his parental rights, the door should be open for you to adopt the child. I would recommend you obtain the assistance of an attorney specializing in adoptions in your area. Good luck.

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  • Is it a possibility to petition the court for a new judge in a custody case that has only temporary orders?

    I am going through a nasty custody battle with my ex wife. We have already divorced and have temporary custody orders set. I have mounds and mounds of evidence to prove that the mother of my son is a risk to his well being and safety but the jud...

    Troy’s Answer

    A party can file an affidavit of prejudice seeking to have a judge removed from the case up until the time the judge makes a discretionary ruling in the case. After that occurs (and it appears to have occurred here) you no longer have the opportunity to remove the judge.

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  • I am the Defendant and am trying to work with the Plaintiff to settle out of court and cancel his Small Claims suit against me.

    Can a Plaintiff drop the charges against me he filed in Small Claims? We were previously working out terms for a payment arrangement and I did not agree to one of his terms. After not speaking for a while I received this notice. I do not want to p...

    Troy’s Answer

    If a mutually agreeable settlement is reached, the plaintiff can dismiss the lawsuit. If a settlement occurs, for your protection, make sure the lawsuit is dismissed "with prejudice." That means the plaintiff can't bring the lawsuit again.

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  • Can one claims penalty against defendant in a Small Claim Court?

    in Washington State King County Small Claim Court, one can only claim the money owed by defendant, or can one ask for penalty because the defendant's conduct was egregious, and caused pain and suffering to the plantiff.

    Troy’s Answer

    A "penalty" for egregious conduct is called "punitive damages." As a general rule, punitive damages are not allowed in Washington. Your only claim against the defendant in this small court case will be for the money actually owed, plus pre-judgment interest if the sum was certain and possibly post-judgment interest after the judgment is entered.

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