Car crashes are a common occurrence, and unfortunately, they can aggravate pre-existing injuries, making their symptoms more severe. In such cases, it can be challenging to know what to do next.

The first thing you should do if a car crash aggravates a pre-existing condition is to seek medical attention. Even if you think your injury is not severe, it’s essential to get a professional opinion. A doctor can examine you and determine the extent of the aggravation. They can also help you develop a treatment plan that takes into account both your pre-existing injury and the new aggravation.

After you seek medical attention, the next step is to contact your insurance company. If you are not at fault for the accident, you can file a claim with the other driver’s insurance company. Your insurance company will help you through the claims process and work to ensure that you receive compensation for any damages or medical bills related to the accident.

It’s also a good idea to consult with a personal injury lawyer. A lawyer can help you understand your legal options and ensure that you receive the compensation you deserve. They can also help you negotiate with insurance companies and represent you in court if necessary. Make sure to keep track of all medical bills and documentation related to the accident. This information will be important when you file your insurance claim or pursue legal action.

How Can a Doctor Determine If a Car Accident Made a Pre-existing Condition Worse?

When a patient with a pre-existing condition is involved in a car crash, it can be challenging for doctors to determine how the accident worsened the pre-existing condition. However, there are several signs and evidence that a doctor can look for to make this determination.

First, the doctor will need to review your medical history to understand the extent of the pre-existing condition. They will then conduct a physical examination to determine if your symptoms have worsened since the accident. The doctor may also order diagnostic tests such as X-rays, CT scans, or MRIs to evaluate the severity of the condition.

The doctor will look for specific signs and evidence to determine how the accident worsened the pre-existing condition, which may include the following:

New or worsened symptoms: If you experience new or worsened symptoms after the accident, it may be a sign that the pre-existing condition was aggravated. For example, if a patient with a pre-existing back injury experiences increased pain or numbness after a car crash, this could indicate that the injury was aggravated.

Changes in diagnostic test results: If your diagnostic test results change after the accident, it could be a sign that the pre-existing condition was aggravated. For example, if a patient with a pre-existing brain injury has an MRI after a car crash that shows new or worsened damage, this could indicate that the injury was aggravated.

Timing of symptoms: If your symptoms occur shortly after the accident, it may be a sign that the pre-existing condition was aggravated. For example, if a patient with a pre-existing neck injury experiences increased pain and stiffness immediately after a car crash, this could indicate that the injury was aggravated.

Medical documentation: If you have medical documentation that shows the pre-existing condition was stable before the accident, it can be used as evidence that the accident worsened the condition.

Determining how a pre-existing condition was aggravated in a car crash requires a thorough evaluation by a medical professional who should look at the patient’s medical history, conduct a physical exam, and order diagnostic tests to determine the extent that the car accident worsened the previous injury.

Does a Pre-existing Condition Need To Be Documented in a Medical File?

Medical records are an essential part of any personal injury claim or lawsuit. They provide evidence of the extent and severity of the injuries sustained in the accident, including any pre-existing conditions that may have been aggravated.

When a patient seeks medical treatment, the doctor or medical provider will typically document the patient’s medical history and any pre-existing conditions in their medical records. This information is crucial to understanding the patient’s overall health and can help doctors make informed decisions about their treatment.

Be honest with your medical provider about any pre-existing conditions or injuries. Failing to disclose this information could have negative consequences for your case and could even result in the denial of your claim.

Documenting pre-existing conditions is crucial in personal injury cases. It provides evidence of the extent and severity of injuries sustained in the accident and can help establish a link between the accident and any aggravation of pre-existing conditions. If you have a pre-existing condition that has been aggravated by a car accident, make sure to inform your medical provider and have it documented in your medical records.

How Can a Lawyer Help?

If a car crash has aggravated a pre-existing injury, here are some of the ways a lawyer can assist you:

Legal advice: A personal injury lawyer can advise you on your legal rights and options. They can help you understand the legal process, the potential outcomes of your case, and what steps you should take to protect your rights.

Insurance negotiations: A lawyer can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your damages and injuries. Insurance companies may try to downplay the extent of your pre-existing injury or the aggravation caused by the accident. A lawyer can help you build a strong case that demonstrates the full extent of your damages and injuries.

Evidence gathering: A lawyer can help you gather evidence to support your case. They can interview witnesses, review medical records, and work with experts to demonstrate the extent of the aggravation caused by the accident.

Legal representation: If your case goes to trial, a lawyer can represent you in court. They can present your case to a judge or jury and argue on your behalf. A lawyer can use their legal knowledge and expertise to help you achieve the best possible outcome.

Settlement negotiations: A lawyer can negotiate a settlement agreement with the other party’s insurance company or attorney. Settlement negotiations can be complicated, and a lawyer can help you understand your options and ensure that you receive fair compensation.

An experienced personal injury lawyer can provide valuable support and guidance throughout the legal process. They can help you understand your legal rights, build a strong case, negotiate with insurance companies, and represent you in court. By working with a personal injury lawyer, you can increase your chances of receiving fair compensation for your damages and injuries. Call South Sound Law Group today at (253) 383-3328 for a free consultation!

What is the Definition of Malicious Mischief?

Commonly associated with domestic violence cases, malicious mischief is defined as what occurs when a person knowingly and maliciously causes physical damage to the property of another person or business.

It is common in domestic violence cases due to the number of issues that arise with prior loved ones and previously shared property. If a former loved one chooses to destroy property rather than harm an individual to avoid criminal charges, they may still be susceptible to penalties and fines through malicious mischief.

Compromise of Misdemeanor

Washington state has a unique part of its legislature in that if a crime such as malicious mischief is mitigated by positive actions and payment of restitution to the victim, the charges may be lessened or dropped.

According to Washington State Legislature, when a defendant is prosecuted in a criminal action for a misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the crime may be compromised.

RCW 10.22.020 goes on to say that “if the party injured appears in the court in which the cause is pending at any time before the final judgment therein, and acknowledge, in writing, that he or she has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be discontinued and the defendant to be discharged. The reasons for making the order must be set forth therein and entered in the minutes. Such order is a bar to another prosecution for the same offense.”

Each situation, of course, will be addressed on a case-by-case basis and, as stated above, will be at the discretion of the courts.

Can Compromise of a Misdemeanor Actually Work?

There are a few elements that need to be proven in order to have a fair chance at compromising a misdemeanor.

1.  The victim will need to agree to receive compensation for the damaged property, and this agreement must be documented.
2.  The judge must obtain proof of the agreement from both parties.
3.  The judge must receive evidence that the agreed-upon compensation has been paid.
4.  There was no intent on behalf of the offender to commit a felony crime.
5.  The actions resulting in a malicious mischief charge did not occur during a riot.
6.  The actions resulting in a malicious mischief charge did not happen while engaging a public official.
7.  The offender does not have a current or past domestic relationship with the victim. A domestic relationship consists of a romantic partner, roommate, or family member.

Defense for Malicious Mischief

Even in cases where the accused admits guilt, or there is eyewitness information available, there may be an opportunity to have the charges lessened or dismissed. This stems mainly from the fact that if the charges were, in fact, derived from a domestic abuse situation, it could be challenging to determine who owns the property and whether or not the accused has a right to destroy or damage it.

An experienced attorney can review your case and determine what your options are and how to formulate a strategy for the best outcome.

Penalties for Malicious Mischief

Charges can range from a gross misdemeanor to a felony, depending on the dollar amount associated with the damage that occurred.

1st-degree malicious mischief is considered a Class B felony
The value of the property damage or vandalism totals over $5,000
The maximum fine is $20,000
The maximum jail time is ten years

2nd-degree malicious mischief is considered a Class C felony
The value of the property damage or vandalism totals more than $750 but does not exceed $5,000
The maximum fine is $10,000
The maximum jail time is five years

3rd-degree malicious mischief is considered a gross misdemeanor
The value of the property damage or vandalism totals $750 or less
The maximum fine is $5,000
The maximum jail time is 364 days

You may find similar information regarding the destruction of property charges. This similarity is due to the county that you live in. In some sarees of Washington, the charges will be referred to as malicious mischief; in others, it may read as property damage. Penalties for the same range of damage (a dollar amount) will likely result in the same penalties regardless of how the charges are titled.

Why Work with South Sound Law Group?

For most of us, facing criminal charges is an incredibly confusing and scary time. There may be parts of the story that are not transparent, reasons why we did what we did, and no one seems to want to listen to us.

By working with an experienced and dedicated team of attorneys who share a wide array of skills and combined decades of experience, we are confident in our ability to listen to the facts, investigate to confirm any remaining details, and become fierce and determined advocates for you and your family.

Contact our office today at (253) 383-3328 and let our family work together to protect yours. We offer a free consultation at your request to review the information surrounding your charges and will work together with you to determine the best path. We look forward to serving you.

Minor Possession in Washington State

It happens more often than we’d like to think. Research shows that a minor in Washington is charged with possession nearly every weekend. So what can you do? This article will further discuss MIP charges and your options.

Minor in Possession (MIP) Laws in Washington

Several teenagers are charged with MIP in Washington every month. Although the charges can seem straightforward, the consequences can be complicated. The potential to lose driver’s license privileges or experience criminal charges can vary greatly depending on the circumstances surrounding the charges.

It is crucial to consult an experienced attorney regardless of the circumstances, as your options may be limited in advocating for your teen.

What Are My Options?

In many cases, prosecuting attorneys will be open to the option of a pre-trial diversion or continuance program to obtain a dismissal. Convincing a prosecutor to agree to one of these programs can be important, as it can result in avoiding criminal convictions, thereby keeping your minor’s record clean.

Sometimes, a diversion program can be entered into to reduce or eliminate charges for your minor. It typically involves signing up for a state-certified drug and alcohol class.

A stipulated Order of Continuance agreement is a contract between your child and the prosecuting attorney’s office that allows your child to complete varied requirements with the promise that possession charges will be dismissed.

Prosecutors are not required to offer these diversions or other similar programs. This is when a trusted and experienced attorney can benefit you and your child. An experienced attorney can help get you started with steps you can take now to allow for a more lenient outcome for your child.

What is “Actual” or “Constructive” Possession?

Washington state views possession as either “actual” or “constructive.” An active possession occurs when your child is caught “red-handed” with the substance, resulting in a MIP charge.

“Constructive” possessions occur when your child isn’t holding the substance in their hands but it is in their control. Examples of this include when a child is sitting directly near a substance or allows the substance to be consumed in their vehicle.

Whether the charges reflect an actual or constructive possession can also influence whether or not prosecutors are more or less likely to allow for an eventual dismissal or diversion.

What are Typical Punishments for a MIP in Washington?

The state of Washington regards MIP charges as gross misdemeanors. Gross misdemeanors can result in a maximum of 364 days in jail and fines of up to $5,000. Most people charged with a MIP are not at risk of receiving the maximum penalties. Still, no one is 100% safe from the maximum penalties associated with a gross misdemeanor, and the specific penalties will vary depending on the arrest circumstances, criminal history, and facts of the case.

If your child is a first-time offender under 18, they will likely be encouraged to enroll in a diversion program. Enrolling in this program, however, can result in the loss of their license temporarily.

If they are over 18, there is typically no loss of a license, but they are generally referred to adult court to face the consequences.

It can be crucial to discuss the specifics of your case with an experienced attorney to navigate the options and determine the best strategy for your child and your family moving forward. Almost no two cases are the same in scope, and the circumstances can make your options vary greatly.

Other Consequences of Importance

Other consequences are essential to note. While a MIP may not seem like the end of the world, it can have significant consequences. If convicted, your minor may lose their driver’s license, serve jail time, and be subjected to substantial fines.

They may also be prohibited from attending the college of their choice or pursuing employment opportunities with a gross misdemeanor on their record that can be revealed during a background check. If probation is required, your child may not be able to move out of state until the probationary period has successfully been completed.

Exceptions to MIP

Sometimes, a MIP will come with exceptions. These are not bulletproof, but if any of the following circumstances surround your minor’s charges, it is important to explore them with an attorney:

• The substance was consumed as part of a religious ceremony with an adult present.
• The substance was consumed in a private residence, given to the minor by their parent or guardian, and consumed in their presence.
• Or, the substance was prescribed by a medical professional and taken as prescribed.

An Experienced Attorney is an Extension of Your Advocacy For Your Child

As discussed above, a MIP on your child’s record can come with devastating and lasting circumstances. Working with an attorney with specific experience in these charges will provide clear expectations and guidance regarding the next steps. They will work with you to form a successful strategy and become an extension of your fierce advocacy for your child and their future.

Contact our office today at (253) 383-3328 to speak with one of our passionate and skilled team to learn more about your options. Time is of the essence, and remaining proactive rather than reactive to these charges can be of great importance to your child’s future.

Accidents happen every hour of every day. What makes them overwhelming are the circumstances surrounding them. You may have been there yourself at one point or another. You get into a minor fender bender, and it causes you to be late for work or other destinations and results in minor injuries.

What if you were involved in a more serious accident that led to injuries and significant damage to your vehicle? Your situation likely went from a minor annoyance to worries of financial distress, considerable time spent away from work and family to treat your injuries, and more.

This can be the difference between an accident with a personal vehicle and one with a commercial vehicle. Read below to learn more.

What Do I Need to Know About an Accident With a Commercial Vehicle?

One of the main differences in personal vehicle accidents vs. those with commercial vehicles is how insurance is handled. Suppose you are in an accident with another private vehicle. In that case, there are likely two personal insurance agencies that will handle the accident and possibly an attorney that you hire to help you with your case.

When a commercial vehicle is involved, you are likely dealing with the driver’s insurance, the company they are working for, and their insurance. This may make negotiations and the entire process much more time-consuming and frustrating.

Generally speaking, commercial vehicle accidents tend to result in much more significant damages, both injuries and damage to vehicles. The sheer size of some commercial vehicles is the cause for this. Rather than another personal vehicle on the road, if a commercial vehicle is involved, it can mean the vehicle was a larger truck, a van, or a semi-truck. The result of an impact from a larger vehicle can quickly cause much more damage than a personal-sized vehicle. Leaving much more money at stake to fix the damages to the cars and the injuries sustained.

How is Fault Determined in Commercial Vehicle Accidents?

Another unique aspect of commercial vehicle accidents is determining fault. In “regular” accidents, the vehicle’s driver is likely at fault, at least partially, for the accident. If a commercial vehicle is at fault, it can either be the driver’s fault, the fault of the company that employs them, or a combination of both.

Why is this important? As discussed above, the damages are likely significant, and obtaining compensation for these damages can be difficult when more than one party is involved. If fault can be established through the driver’s employer, they likely have a larger policy in force that can allow for greater compensation to be obtained.

Some examples of when the company may be at fault are;

Failing to keep vehicles adequately maintained can lead to malfunctions of brakes or tires that can lead to an accident.

Negligent hiring or training of employees can lead to inadequately skilled drivers that cause accidents.

Overloading or unevenly distributing the weight of a load on a semi-truck or other commercial vehicles can lead to causing an accident as the weight shifts while moving.

How is Fault Determined in an Accident with a Private Individual?

Each individual is responsible for their vehicle and ability to operate it safely. Fault can be more easily established in most cases, as personal vehicles don’t typically require heavy loads or other guidelines that commercial vehicles impose.

Distracted driving, intoxicated driving, inexperienced driving, speeding, or reckless driving are all the leading causes of fault in an accident with a personal vehicle. Proving fault in these situations can become challenging, but they are typically more straightforward than establishing fault during a commercial vehicle accident.

How Can I Protect Myself After an Accident?

One topic similar in both personal and commercial vehicle accidents is reporting it and how you handle the following steps immediately following an accident.

You must record every fact that you can to protect yourself in the future. Fault will need to be determined, and having your account or any witness account of the cause of the accident is crucial. Pictures, video, eyewitness statements, road and weather conditions during the accident, and more, can all provide protection moving forward should you seek compensation.

You should also report the accident to the appropriate parties. This can be either the police department, your insurance company, or both, depending on the accident’s severity. It is best to let all parties be aware of the accident immediately after it occurred to save any confusion moving forward.

How Can an Attorney Help?

In the case of any accident, the following steps can be confusing and overwhelming, depending on the circumstances of the accident. It can be invaluable to entrust an experienced and compassionate attorney that can help guide you through the process.

Timely and costly mistakes can be inadvertently made if you aren’t familiar with accident laws or how insurance works. Negotiations also aren’t something most of us are skilled in, whereas experienced attorneys have a vast knowledge of how to handle negotiations to protect their clients’ best interests. It is important to remember that the other parties rely on their insurance companies (personal or commercial) to have their best interest at heart. Make sure that you have a strong advocate in your corner, too.

Call our office at (253) 383-3328 to learn how we can best assist you.

You or a loved one may have recently been convicted of a crime and wonder how that will affect firearm rights. This becomes a question of both federal laws and Washington state laws, and it depends on the circumstances surrounding your conviction. This article will discuss further how your rights may be affected.

What Does Federal Law State About Firearms Rights After a Conviction?

Federal law states that anyone convicted of any felony is prohibited from owning a gun for their lifetime. Certain misdemeanors also fall under this category of a lifetime ban if the misdemeanor involves domestic violence. Those with a current restraining order against them may also be prohibited from using a firearm while their restraining order is active.

Federal law also states that if a gun can become operable, it is still considered a felony to possess it. Under federal law, unlawfully possessing silencers or other gun accessories and ammunition could also be considered a felony.

How Does Washington State Law Handle Firearms Rights after Convictions?

Washington state takes firearms laws very seriously. If you are prohibited after a conviction on the federal level, you have extra restrictions that must be followed on the state level as well. For example, you will be prohibited from owning a gun as a collectible item, having a gun in your possession (even if temporarily), or target shooting.

According to Washington state laws, unlawful possession of a firearm will result in a felony. It is best to take all precautions to avoid being convicted of a felony. This can also mean being conscious of those you spend time with, as even if the gun is not in your possession, if you have access to it (whether in your home or a vehicle you are driving or riding in), this may result in a felony conviction.

Another aspect to note is if an individual has been involuntarily committed for mental health treatment or is found not guilty by reason of insanity, this person would not be able to own a firearm.

Can I Get my Firearms Rights Restored?

If you have been convicted of a Class A felony, the most severe level in the state of Washington, you are not eligible to have your rights restored. Similarly, if you have been convicted of a sex offense, you are also ineligible to have your rights restored.

Other convictions, such as other felony convictions, may be eligible for restoration of firearm rights. This depends on the circumstances of the conviction, the amount of time that has passed since the sentence, and other facts. No two situations will be the same, and you can consult a trusted attorney to determine the likelihood of your eligibility. In some cases, firearm rights can be restored after a felony conviction in Washington.

Some of the general guidelines that would make you more eligible than not to have your rights restored are listed below;

• No class A felony conviction on your record
• No conviction for a felony sex offense
• No active restraining orders
• No charges pending (this excludes civil matters such as traffic tickets)
• If at least three years have passed since your misdemeanor conviction
• If at least five years have passed since your felony conviction
• If all conditions have been met based on previous convictions
• No prior convictions or repeated convictions in your history

As already stated, each situation is different. There may be facts surrounding your case that make you ineligible that are not listed above. An experienced attorney can review your case and help you determine the likelihood of restoring your firearms rights and your next steps.

What if I was Convicted Out of State for a Felony?

This can be seen as a gray area. Suppose the felony you were convicted of in another state can be legally compared to a Class A felony in Washington. In that case, it is unlikely that you would be eligible to restore your firearms rights.

Speaking with a knowledgeable attorney regarding your specific case can help determine whether or not the restoration of your firearm rights is likely in the state of Washington.

How Do I Restore my Firearms Rights?

This process can be lengthy and complex, and an experienced attorney can be your best asset when pursuing the restoration of your gun rights.

One of the first things you will need to do is to file a petition to restore your rights to the court of record that removed your firearm rights or to the superior court in the county where you currently reside.

Some instances will allow you to avoid going to court to restore your rights. By working with an attorney, you can usually avoid a court appearance and rely on your attorney to appear on your behalf.

How Can an Attorney Help?

By having a trusted attorney as your advocate, you can easily navigate the process of restoring your firearms rights. They are well-versed in the laws surrounding your rights and can look at your case in great detail to help you determine your options.

Contact our family owned and run law firm at (253) 383-3328 today. We look forward to working with you.