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Archive: 2013


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How long does it take to “have your day in court” with a trial?

Jun 28, 2013 Litigation Law

In Washington, when a case is tried varies with the court and county in which the lawsuit is pending. In general, most cases will be assigned a trial date between eight and twelve months from the date the case...

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At what age do children get to choose where they live?

Jun 26, 2013 Family Law

In Washington, children do not get to choose where they live. In general, it is the policy in this State that children should not be put in the position of having to make this decision. This can lead to...

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When can an employee use paid leave to care for a child under 18?

Jun 24, 2013 Employment Law

An employee may use available paid leave when his or her child has a “health condition,” including: • a medical condition requiring treatment or medication that the child cannot self-administer; • a medical or mental-health condition that would endanger...

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What is the duty to mitigate damages?

Jun 21, 2013 Contract Law

A non-breaching party has a duty to mitigate damages, which means to take reasonable steps to minimize damages. The failure to mitigate damages may cause the non-breaching party to only be allowed to recover damages that would have resulted...

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Who may file a lien on improved property and under what circumstances?

Jun 19, 2013 Construction Law

Anyone furnishing labor, professional services, materials, or equipment for the improvement of real property may file a lien against the real property such labor, services, material, or equipment was supplied to (excluding public works projects in which case a...

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When my mother died, her bank transferred all of the funds in her account to my brother, even though my brother and I are to share equally under my mother’s Will. Can the bank do this?

Jun 17, 2013 Banking and Lending

In Washington, the bank may lawfully pay funds to the survivor of an account held jointly with rights of survivorship or to the individual named as a pay on death beneficiary in the contract of deposit. If your brother...

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Do I need a power of attorney?

Jun 14, 2013 Wills and Estate Planning

A power of attorney is good to have in place in the event you become injured or are otherwise unable to handle your own affairs, whether you have personal, medical, or financial issues to manage. In many cases, having...

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Do I need to possess a title, deed, or some legal document to show I own my house?

Jun 12, 2013 Real Estate

No, not generally. Deeds to real property are usually recorded as part of the escrow closing. Once recorded with the county auditor, the original deed has no legal significance. Title will be determined by the records in the county...

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What is the statute of limitations for a uninsured motorist/underinsured motorist case?

Jun 11, 2013 Personal Injury

In Washington State, the statute of limitations (SOL) for written contracts is six (6) years. In Safeco Ins. Co. v. Barcom (112 Wash.2d 575, 773 P.2d 56 Wash.,1989), the Supreme Court of Washington held that contract law, and its...

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What is the difference between arbitration and mediation?

Jun 7, 2013 Litigation Law

Arbitration and mediation are alternatives to a trial before a judge or jury. In arbitration, a neutral third person decides the controversy between the parties. In mediation, a mediator assists the parties in negotiating a settlement of their dispute...

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