(360) 733-3773 Bellingham, WA

SHEPARD_ALLEN2

Archive for attorney

Who Benefits from Having an Attorney Assist with Your Living Will?

Posted by David Brown 
· October 17, 2023 

A living will is a crucial legal document that outlines your healthcare preferences in the event you become incapacitated and unable to make medical decisions for yourself. It provides guidance to healthcare professionals and loved ones, ensuring your wishes are respected when you can no longer communicate them. While creating a living will is a vital step in proactive healthcare planning, many individuals wonder if they need an attorney’s assistance. We’ll explore who benefits from having an attorney assist with their living will.

  1. Clarity and Legal Expertise: One of the primary benefits of involving an attorney in the creation of your living will is their legal expertise. Attorneys understand the nuances of state-specific laws and regulations governing living wills, ensuring that your document is legally sound and compliant with local statutes. They can help you avoid potential pitfalls or legal complications that may arise if the document is not properly drafted.
  2. Customization: Living wills are not one-size-fits-all documents. They should reflect your unique values, preferences, and beliefs regarding healthcare decisions. An attorney can work closely with you to customize your living will, tailoring it to your specific wishes. Whether you want to address specific medical procedures, religious considerations, or other personal preferences, an attorney can help ensure your living will accurately represents your desires.
  3. Avoid Ambiguity: Ambiguity in a living will can lead to confusion and disputes among family members and healthcare providers. Attorneys are skilled in crafting precise language that leaves little room for interpretation. This can be especially important if your wishes involve complex medical scenarios or if you want to designate a healthcare proxy to make decisions on your behalf.
  4. Compliance with Changing Laws: Laws and regulations surrounding living wills may change over time. An attorney can help you stay up-to-date with legal requirements, ensuring that your living will remains valid and enforceable. They can also assist with updating your document if your preferences or circumstances change.
  5. Mediation and Conflict Resolution: In some cases, family members may disagree about the interpretation of a living will. Having an attorney involved can serve as a neutral mediator to help resolve disputes. They can provide legal guidance and ensure that the document is followed as intended, reducing the emotional strain on your loved ones during a difficult time.
  6. Peace of Mind: Creating a living will is an emotionally charged process, as it requires contemplating end-of-life decisions. Having an attorney by your side can provide peace of mind, knowing that your document is legally sound and that your wishes will be upheld. This can alleviate stress and anxiety associated with end-of-life planning.

While it is possible to create a living will without an attorney, having legal assistance can greatly benefit individuals who want to ensure that their wishes are accurately documented, legally binding, and compliant with relevant laws. The expertise of an attorney can help avoid potential pitfalls, minimize ambiguity, and provide peace of mind to both you and your loved ones. By involving an attorney in the creation of your living will, you can be confident that your healthcare decisions will be respected when you need it most.

Categories : News
Tags : , , , , ,

New Washington Law Initiates Job Posting Requirements

Posted by David Brown 
· June 14, 2022 

Beginning January 1, 2023, employers in Washington with 15 or more employees will be required to disclose the wage scale, salary range, and a general description of benefits and compensation offered when posting job openings. This new law was signed on March 30, 2022, and is a revision of a 2019 amendment to the Washington Equal Pay and Opportunities Act which required employers to disclose the wage scale and salary range only if requested by an applicant. The applicant’s request is no longer needed under the new law. The information is automatically provided as part of the application process.

The 2019 amendment is not changed by the new law when transfers and promotions of current employees are transacted. The employer only provides the required compensation information when the current employee makes the request. A portion of the 2019 amendment was removed by the legislature that stated that if there was no wage scale or salary range, the employer is only required to give a minimum wage or salary expectation before posting the position or making the internal transfer or promotion.

Creating job postings is not what the new law requires employers to do. The posting obligations are imposed on those that the employer chooses to create. Posting, according to the law, is defined as “any solicitation intended to recruit job applicants for a specific available position…” This is either through the employer or a third party, whether electronic or hard copy. Based on the definition of posting, a Help Wanted sign will not trigger a posting requirement. The law does not make it clear whether employers will be liable for any noncompliance by third-party posting boards. This includes third-party internet search engines.

New positions or promotions that will trigger the posting obligations are not defined by the law. If an aggressive approach is followed by Washington, a new position can be created by changing an employee’s job title. Employers who are considering reorganization or restructuring can avoid uncertainties by implementing these changes before January 1, 2023. General descriptions are required by the new law that includes benefits and compensation. Violation of the new law may result in the same consequences as any other violation of the Washington Equal Pay and Opportunities Act.

Categories : News
Tags : , ,

Why Attorneys Can Help With Car Accident Claims

Posted by David Brown 
· June 9, 2022 

Nobody likes being involved in a car accident, but unfortunately, they do happen. However, knowing what to do afterward can save you a lot of headaches, and having an attorney can help.

Most people are aware that they should exchange insurance information with the other driver after an accident, but what many people don’t realize is that this is just the beginning. If you’ve been injured in the accident, you will likely have to deal with insurance adjusters who will try to minimize the amount of money that you receive for your injuries.

Additionally, if the other driver was at fault, their insurance company may try to place some of the blame on you in order to avoid paying out a large settlement. An experienced car accident attorney can help you deal with all of this. With more than three million injuries every year from car-related crashes, it’s important to have this information at-hand.

Auto Accident Attorneys Have The Right Knowledge

The last thing you want is to be held accountable for something you didn’t do or to receive less money than you deserve because the insurance company took advantage of you. Additionally, if your case does go to court, having an attorney by your side who knows the ins and outs of personal injury is always in your best interests. If you are due for monetary compensation, they can help you get it.

More Payout For Damages

These individuals can help you understand all the elements of your case that you may make a claim for should it go to court, as well as any settlements you may negotiate.

For example, you may be able to include the following in your claim:

  • Lost wages from time taken off work
  • Property damage
  • Medical bills
  • Emotional trauma

Every case is different, but having someone who has training and experience in the legal system by your side can help ensure that you are fairly compensated for car damage and personal injuries. Trying to get an insurance payout on your own or even being successful in a trial without an attorney is possible, but is certainly more difficult. If you have involvement in a car accident, the best thing to do is seek legal counsel as soon as possible.

Categories : News
Tags : , ,

Tips on Getting Through a Domestic Violence Case

Posted by David Brown 
· May 26, 2022 

Every year, about 10 million people in the US are victims of domestic violence. One in every four women and one in every ten men experience a form of domestic abuse. Anyone who has gone through a domestic violence case will tell you that it can be stressful and emotionally draining. When you face these charges, not only do you have a case to deal with, but you can also be alienated by society. If this happens to you, here are some tips to help you get through it.

Contact an Experienced Domestic Violence Attorney

Even when a domestic violence charge seems minor, such as disorderly conduct, hire a domestic violence attorney. Being convicted of such an offense can affect your reputation or even your earning capacity. A lawyer will fight for your rights and ensure that the case is resolved quickly without causing much damage.

Understand Your Rights

In every case, the defendant has several rights. If you have been charged with domestic violence, you have the right to get a witness to testify in your favor, evaluate the evidence by state, present your evidence, etc. Having a lawyer by your side can ensure you have a clear grasp of your rights.

Go for Therapy if You Are Going Through a Hard Time Emotionally

While therapy is important for victims of domestic abuse, it can also help someone accused of this crime. Going through such a case can be stressful. A few sessions will help keep your emotions in check and allow you to rebuild relationships with loved ones. Plus, proof that you are going to counseling can have a positive effect on your case.

Do Not Pick Up New Arrests

The fact that domestic violence is the main cause of any injuries to women means that these are cases taken seriously. So the worst thing you can do in your case is get arrested for something new while your case is still going on. The court will not be very kind in your case. Try and stay away from trouble. A domestic case can last even two years. Avoid new arrests and stay focused until the case is resolved.

A domestic violence case can be overwhelming. But if you follow these tips, you will be in a better position to manage the situation.

Categories : News
Tags : , ,

Redmond, Washington Reaches Settlement in Fatal Police Shooting

Posted by David Brown 
· May 10, 2022 

The city of Redmond, Washington recently announced that it had settled with the family of a woman who was shot by police officers in her own apartment after calling 911 for help. In September of 2020, Andrea Thomas Churna called 911 to ask for police to come to her apartment for assistance. She told the 911 operators that she thought someone was trying to kill her. There was an audio recording of the 911 call. She had recently had a bad experience with her ex-boyfriend, and she was concerned.

When police arrived at the scene, they saw Churna climbing up a balcony. She told police that she had a mental health history and that she was concerned it might be playing a role. The police then asked Churna if she had a firearm. She did, and she retrieved it. While the handgun was jammed and inoperable, Churna was later shot and killed by the police. Officer Daniel Mendoza fired the fatal shot.

The Chief of the Redmond Police Department, Darrell Lowe, stated that Churna was unarmed when she was shot. Lowe admitted to the mistake, apologized to Churna’s family, and stated that the news release also contained an error. The initial report stated that Churna had confronted the officers with a handgun. That turned out to be false. The original press release also stated that multiple shots had been fired, which was also false. While there is an inquest going on, more details cannot be provided until it is concluded.

Fortunately for Ms. Churna’s family, a settlement has been reached which should provide some closure. The attorney representing Churna’s family, Kim Zak, announced that the city had reached a settlement of $7.5 million with the city of Redmond. The family and their attorney were prepared to show the multitude of errors that the city had made in handling the call of their loved one. While the settlement may provide some closure, it also has to lead to meaningful change that can prevent an issue like this from happening again. It will be interesting to see if the police department makes changes in how it receives and responds to 911 calls, particularly involving people with a history of mental health concerns.

Categories : News
Tags : , , ,

The Top Signs You Need To Hire a Workplace Injury Attorney

Posted by David Brown 
· May 3, 2022 

When you go to work in the morning, you probably do not expect to suffer a serious injury. On the other hand, an accident can happen at any time, and you need to see a doctor as quickly as possible following the injury. The sooner it is diagnosed, the faster it can be properly treated. Then, you need to reach out to a workplace injury attorney who can review your case. There are a few signs that indicate that you need to work with a personal injury lawyer.

First, if your injuries are severe, you should always have your case reviewed by a workplace injury attorney. While you might have medical insurance through your work that will cover some of your expenses, you will probably still be responsible for a lot of out-of-pocket bills. This could include coinsurance, copays, and deductibles. If the injury was not your fault, you should not be responsible for these bills. A workplace injury attorney can review your case and see if someone else should be held responsible.

Next, if you are having a hard time getting your worker’s compensation benefits, a workplace injury attorney can assist you. Even though you suffered the injury at work, and you were acting in the scope of your employment, workers’ comp might do everything in their power to deny you your benefits. Sometimes, it takes a workplace injury lawyer to help you navigate the waters and get the compensation you deserve.

Finally, if your employer is not cooperating with you, this is a sign that you should be working with a workplace injury attorney. Your employer might not be cooperating with you because they know they are at fault or because they do not want to give you the compensation you deserve. You need to have your rights protected, and a workplace injury lawyer will always be in your corner. He or she can advocate for your best interests.

These are just a few of the many signs that you need to work with a workplace injury attorney. It can be devastating to suffer a serious injury at work, but remember that a personal injury lawyer can help you defend your rights.

Categories : News
Tags : , , ,

The Statute of Limitations on Personal Injury Cases

Posted by David Brown 
· April 28, 2022 

If you have suffered a serious injury either in a motor vehicle accident or at work, it is important to reach out to a doctor as quickly as possible. Then, do not forget to get a case consultation from a personal injury attorney. The statute of limitations might be ticking on your case, and you need to have your case reviewed and filed before the statute of limitations expires.

The statute of limitations is the time limit you have to file your case. Sometimes, the statute of limitations starts ticking from the original incident. In other cases, the statute of limitations starts from the time of discovery. The statute of limitations of personal injury cases can vary from state to state. It usually ranges between two and six years, but you need to hire a personal injury attorney who can help you navigate the legal waters and get your case filed on time.

If you do not file your case before the statute of limitations is up, then you should expect it to be dismissed. No matter how strong your case might be, and no matter how overwhelming the evidence, you probably will not have your case heard if you file it after the statute of limitations has expired.

On the other hand, there are a few exceptions. For example, if the case involves a minor, then the statute of limitations might start ticking from the time the minor child turns 18. This could open the door to another case. Or, the statute of limitations could involve discovery. For example, if you suffered a serious injury or illness due to asbestos exposure, but the asbestos was not discovered until years down the road, then the statute of limitations might start from when the asbestos was found, not from when you first fell ill.

Because there are a lot of nuances involving personal injury law, it is important to work with a lawyer who can help you put your case in the best position possible to be successful. While it can be frustrating to suffer a serious injury or illness, remember that you do not have to go through this alone. A personal injury attorney can fight for your rights.

Categories : News
Tags : , ,

The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· April 26, 2022 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

Categories : News
Tags : , ,

Preventing DUI’s

Posted by David Brown 
· April 21, 2022 

CAUGHT OFF GUARD
Perhaps everyone is a little concerned about drinking too much before getting behind the wheel and being pulled over by the police. So many people arrested for drunk driving are shocked to find that their blood level concentration (BAC) has risen above the legal limit – having felt absolutely unphased when they’d begun driving. If you find yourself caught off guard with a high BAC, contact a multi-vehicle lawyer for answers and assistance.

MAKING SURE YOUR BELOW .08
Alcohol debilitation has more to do with reaction time, which is delayed by a mere 120 milliseconds; and since in that amount of time, a car could travel an additional 12 feet before the driver would recognize the need to maneuver. In some states, ignition interlock devices are mandatory for all drunk drivers and even for their first offense. An ignition interlock device, or breath alcohol ignition interlock device, blocks the signal between the ignition and the starter of a vehicle if the breath surpasses the programmed amount. These devices can also be purchased commercially as a preventative measure. The BANVIE Keyless Entry System, for example, is a popular ignition interlock device that will stop the car entirely when triggered by a drunk driver. Other legal consequences of drunk driving include accident expenses, driver’s license suspension, expensive lawsuits, fines, and jail time.

CAUGHT BY A DRUNK DRIVER
After filing a car accident or personal injury claim, victims may be wondering how to proceed. If the blood alcohol evaluation reveals that the drunk driver was indeed over the legal limit,  in most cases it will automatically be considered a no-doubt liability. However, despite this precedent, it is important to collect as much supporting evidence as possible including photographs, recorded on-scene details, police report, and personal medical records. Next, you should contact a car accident lawyer who can properly accomplish this critical task and build the case for you.

MOTOR VEHICLE ACCIDENT ATTORNEY
One guarantee of all drunk driving accidents is that there will be stressful consequences on both sides. If such an event occurs contact a law office right away to consult with an attorney.

Categories : News
Tags : , ,

Who is at Fault? Traffic Accidents During Winter Weather.

Posted by David Brown 
· December 28, 2021 

Car accidents can occur at anytime, but during the winter months when roads become slippery with snow, sleet and ice, the likelihood of becoming involved in an accident increases significantly. If you’re ever involved in an accident during the winter, you may be concerned about the police and insurance company’s ability to accurately determine who was at fault. Fortunately, there are several ways of accurately determining fault following a car accident that occurs during inclement winter weather.

Law Enforcement

When most auto accidents occur, regardless of the time of year, a police officer is usually the first person on the scene. It’s the responsibility of the police officer to make an initial determination of who was at fault, after an investigation has been conducted, and the officer will issue a ticket to the driver who is determined to have caused the accident. The police officer will gather information from all drivers involved, including their driver’s licenses and proof of car insurance, which will be needed for the police report. You should obtain a copy of the police report, which will usually be ready after a couple of days, depending on the police station.

Witnesses

Law enforcement and even insurance companies may question any pedestrians or other drivers who may have witnessed the auto accident. This is more likely to happen if the officer isn’t sure whose negligence caused the accident.

An Experienced Traffic and Accident Attorney

After contacting law enforcement and exchanging contact and insurance information with the other drivers, you should contact an experienced auto accident attorney. Even if you believe you were at fault for the accident, the right attorney can ensure that you receive the best outcome possible following the accident. The attorney will conduct his or her own investigation in order to determine if you or another driver was at fault.

As you can see, there are many steps to determining who is at fault in a car accident that occurs in the winter. So, if you ever find yourself involved in a car accident due to inclement winter weather, you should never admit fault and you should also make sure that you contact an experienced accident attorney as quickly as you can.

Categories : News
Tags : , ,

Bellingham Office:

2011 Young Street
Suite 202
Bellingham, WA  98225
(360) 733-3773 or 647-4567
(360) 647-9060 (facsimile)
info@saalawoffice.com

shepard_allen