Legal Question in Personal Injury in Washington

Re: hit by a drunk driver

It's true that you often want to wait until the plaintiff -- your sister -- is medically stationary before considering settlement. In the meantime, your lawyer should have filed a lawsuit on her behalf before the expiration of what is most likely her three-year statute of limitations. They may wel have filed it, too. Your sister should inquire. IF it turns out they failed to file or settle within the statute of limitations, then THEY'RE liable for your damages instead. Usualy, you deal with the lawyers' malpractice insurer. But first find out if the lawyers are doing the right thing in the first place.

As for why the person who struck your sister wasn't charged, I don't have a good answer, other than that the more serious injury, the highler level of crime that can be charged. I'm not familiar with the statutes of limitation for crimina cases.

Good luck,

Sam

Re: hit by a drunk driver

It's true that you often want to wait until the plaintiff -- your sister -- is medically stationary before considering settlement. In the meantime, your lawyer should have filed a lawsuit on her behalf before the expiration of what is most likely her three-year statute of limitations. They may wel have filed it, too. Your sister should inquire. IF it turns out they failed to file or settle within the statute of limitations, then THEY'RE liable for your damages instead. Usualy, you deal with the lawyers' malpractice insurer. But first find out if the lawyers are doing the right thing in the first place.

As for why the person who struck your sister wasn't charged, I don't have a good answer, other than that the more serious injury, the highler level of crime that can be charged. I'm not familiar with the statutes of limitation for crimina cases.

Good luck,

Sam

Re: hit by a drunk driver

As attorneys, we are in a service business. We practice law for the benefit of our clients. If your sister's lawyer is not keeping her informed as she would like, or promptly answering her questions, then she is well within her rights to fire them and hire a new lawyer. Even if it is in the middle of the case.

This won't affect your sister's claim negatively, and it won't cost her anything more. It is crucial that every person who has hired an attorney trusts that their attorney is doing their best for them.

If she is not getting that from her current lawyer, then she should fire him and find someone who she trusts.