Washington Personal Injury Legal Questions

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.... Read More

Many judges will ask that you get address corrections from the post office. If there are no changes of address, then alternate service will probably have you mail be 1st class and certified mail to the last known address, and to publish in a newspaper. At least, under Michigan law, which has "notice jurisdiction."... Read More

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for 'pain and suffering', thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.... Read More

It depends but generally, no, a judgement should not be entered unless you have been served. After filing, a petitioner must also file a proof of service showing that you were properly served with the court. If you were not properly served, the judgement entered against you can be overturned.... Read More

Maybe. Someone would have to swear he's tried to serve you and been unable to do so because you can't be found or have avoided service, and then do something reasonably calculated to notify you that you've been sued, but it's possible. Occasionally (rarely) a process server will simply lie and say he's served you when he hasn't, but even then it'll be very difficult to get a judge to believe you over the process server. If you know you've been sued, don't try to escape liability by avoiding the process server. It won't work.... Read More