Spokane Wills & Trust Lawyer
Frequently Asked Questions About Our Services
Personal Injury FAQs
The honest answer is it depends. Every case is different and the value of a personal injury claim depends on several factors, including the severity of your injuries, the cost of your medical treatment, lost wages, future medical needs, pain and suffering, and how the injury affects your daily life. An experienced attorney can evaluate these factors and provide a realistic assessment of your claim.
In the State of Washington, an injured individual has three (3) years from the date of the injury to file a lawsuit. However, exceptions may apply depending on the circumstances of the case. Because important evidence can disappear and legal deadlines can be complicated, it is best to speak with an attorney as soon as possible after an accident.
Washington follows a “pure comparative fault” system. This means you may still recover compensation even if you were partially responsible for the accident.
However, your recovery may be reduced by your percentage of fault. For example, if you are found 20% responsible, your compensation would generally be reduced by 20%.
You should be cautious when speaking with an insurance adjuster. Insurance companies may
request recorded statements or ask questions designed to minimize the value of a claim. Before
providing a recorded statement or accepting a settlement offer, consider consulting with an
attorney to understand your rights and protect your interests.
Most personal injury attorneys work on a contingency fee basis. This means you do not pay attorney fees upfront. Instead, the attorney is paid a percentage of the recovery obtained for you. If there is no recovery, there is typically no attorney fee. During your consultation, your attorney can explain the specific fee agreement and any potential costs associated with your case.
Estate Planning FAQs
Yes. A will allows you to decide who receives your assets, who will handle your estate, and who will care for your minor children if something happens to you. Without a will, Washington law determines how your property is distributed, which may not reflect your wishes.
A Power of Attorney allows you to appoint someone you trust to make financial and legal decisions on your behalf if you become unable to do so yourself. Without a valid Power of Attorney, your loved ones may need to seek a judicial recourse to assist with managing your
affairs.
A Health Care Directive, sometimes called a Living Will, allows you to communicate your wishes regarding medical treatment if you become unable to speak for yourself. It can provide guidance about life-sustaining treatment, end-of-life care, pain management, and other important medical decisions, helping reduce uncertainty and stress for your loved ones.
Without a Will, Power of Attorney, or Health Care Directive, your family may face significant legal and practical challenges. Loved ones may need court involvement to manage your finances or make medical decisions on your behalf, resulting in additional expense, delay, and stress during an already difficult time.
You should review your estate plan whenever you experience a major life event, such as marriage, divorce, the birth of a child, the death of a beneficiary, a significant change in assets, or a move to another state. Even without a major life event, reviewing your documents three to five years is a good practice to ensure they still reflect your wishes.
Insurance Bad Faith FAQs
Insurance companies have a duty to treat their policyholders fairly, honestly, and in good faith. Insurance bad faith occurs when an insurer unreasonably denies, delays, undervalues, or
mishandles a valid claim. Washington law provides strong protections for policyholders when insurance companies fail to meet these obligations.
Common examples of bad faith may include denying a claim without a reasonable investigation, unreasonably delaying payment, misrepresenting policy language, failing to communicate with the insured, or offering substantially less than a claim is worth. Every situation is unique, so it’s important to speak with an attorney if you feel your insurance company is treating you unfairly.
Keep copies of all correspondence, claim documents, emails, and notes of conversations with the insurance company. Do not assume the insurer’s decision is final. An experienced insurance bad faith attorney can review your policy, investigate the claim handling process, and determine whether the insurer violated its obligations under Washington law.
Depending on the facts of the case, a policyholder may be entitled to recover unpaid policy benefits, consequential damages caused by the insurer’s conduct, attorney fees, litigation costs, and, in certain circumstances, treble damages (three times the actual damages) under the Insurance Fair Conduct Act (IFCA).
Washington law provides several ways to hold insurance companies accountable. A Common
Law Bad Faith claim focuses on whether the insurer acted unreasonably toward its policyholder. A Consumer Protection Act (CPA) claim addresses unfair or deceptive business practices. An Insurance Fair Conduct Act (IFCA) claim provides additional remedies when an insurer unreasonably denies coverage or benefits. Depending on the facts, a policyholder may have one, two, or all three types of claims arising from the same insurance dispute.