Legal Question in Personal Injury in Washington

Re: injured KID

I'd only add one thing to Sam's EXCELLENT summary of your concerns and pressing needs. Do not discuss the case with the landlord or property manager. Just don't do it. Certainly don't sign a thing. And it's also probably best if you don't discuss the facts with an insurance adjuster until you have consulted with an attorney, which, as Sam stated, should be at no cost to you.

Re: injured KID

The owner of the house you rent probably DOES have liability. In Washington, however, EVERY claim on behalf of a minor requires COURT APPROVAL, so I'd advise that you should probably hire a good personal injury lawyer to represent your daughter.

If the property is managed or maintained by somebody OTHER than the owner, then it's possible that they would be liable as well as, or perhaps instead of, the owner of the home. Hard to say without knowing a lot more facts. Any good lawyer will interview you and your wife and daughter in greater detail, either on the phone or in person. I would ask, for example, how long you'd lived there, if there had been any prior problems with the light fixture, exactly how close it was to the shower, etc, etc.

FOR RIGHT NOW, it's very important that you get a GOOD set of photos of that bathroom, and SAVE ALL THE PIECES that fell out! If you or the owner want to repair or replace the fixture, I wouldn't do it until you've photographed it, and if possible, gotten somebody like an expert of some sort to LOOK AT IT for you, to try to figure out why it failed! Most good personal injury lawyers will have at least an investigator they can send out to look. AND, if it's not too late, you'd want to photograph the place if it's still as it was, more or less, immediately after this accident, blood and all. I'd also save blood-soaked items, or at least photograph them before you wash them.

I know some of this may sound a little gross, but it's actually very important -- all you're really doing is showing what actually is THERE, and what happened. It tends to be very helpful in getting whatever insurance company is behind the liable party to settle more fairly, or in case your lawyer is unable to get a fair settlement for your daughter, to show the jury if you decide to go to court.

But again, in a case like this, you really owe it to your daughter to let a good personal injury lawyer SPECIALIST -- and NOT just any lawyer who happens to do SOME injury cases -- to press forward for her on a contingency, or percentage basis. That way, you probably wouldn't have to come up with any money up front for attorney fees.

I see by your zip code that you're in the Mt. Vernon area. I know a TERRIFIC, very experienced personal injury lawyer and all-around good guy in Seattle, whom I'D BE HAPPY TO REFER YOU TO, if you'll drop me an email. This man practices STATEWIDE all over Washington, as do I, but he would be closer and perhaps more convenient that my firm would be.

MOST OF ALL, I hope your daughter is able to recover without any serious permanent problems!!

Best regards,

Sam Hochberg

Attorney at Law

[email protected]

www.YourInjuryLawyers.com