FAQ

 

When should I contact a lawyer?

If you have any doubts or questions about your rights and legal standing contact a reputable attorney to discuss your case. This is especially important if you or a loved one has been injured in a motor vehicle collision or on the job; harmed due to medical malpractice or negligence; feel at risk of losing your property; or if your ability to earn an income has been diminished or threatened due to the action of others. A respected attorney will review your case at no cost to assess your legal options. Contact us today for a free consultation.
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How do I know if I have a case?

Many factors can influence your legal case including the collection of evidence, the chances of proving your case, the statute of limitations, the complexity of your case and more. The only way to know if you have a valid legal case is to contact a reputable attorney with proven experience and a track record of success in the area of law concerning you. Contact us today for a free consultation and more information about our firm.
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How much will it cost to hire an attorney?

The costs and how you pay for an attorney varies and depends on numerous factors. Some of these factors relate to the type of case, for example whether it is an hourly or contingency fee case, or as sometimes happens, a hybrid of the two. Most initial meetings to discuss the merits of a potential case are free if they relate to a contingency fee case. Another factor which impacts the cost of an attorney is that attorney’s experience. Hourly and contingency fee rates are based on the type of anticipated work and various related factors. Additionally, typically we do not charge to review medical records once we agree to meet with you and review your case. Before undertaking your representation we will provide you with a written fee agreement which spells out the fees and costs in your case.
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How do I know I’ve found the right attorney for my case?

The right attorney for your case will have experience and knowledge of your particular legal issue. This is especially important when dealing with complex legal issues such as medical malpractice, personal injury, condemnations/government taking of property, military and veterans’ medical malpractice and Federal court cases. Additionally, your lawyer should know when to settle a case and when to go to trial.

Bottom line: The right lawyer for you will have an impressive reputation, a track-record of success, proven resources, excellent negotiation skills, and the desire and capacity to provide caring personal service. Contact us today for a free consultation.
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How long will a case take?

We always do our best to try to resolve your dispute through settlement, and without the need for a trial. However, this is not always possible. Predicting the length of a case at the outset is nearly impossible as so many factors are involved. Typically, catastrophic and complex medical malpractice and personal injury cases may take one or three years to settle while less severe cases may settle in a six months to a year. Personal injury jury trials may take up to a couple of weeks whereas more severe injury jury trials can last months.
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How do I know how much compensation I should expect from my case?

No competent attorney will promise a specific amount or guarantee a result of any kind, including monetary. If an attorney does make any guarantees they are not the right attorney for you.

Compensation depends on many factors including the quality and expertise of your attorney; the chances of proving your case; the estimated value of your case; the complexity of your case; and, the defendant. If you believe you have a potential case contact us today for a free, professional consultation.
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How long after my injury do I have to file a claim?

Different statutes of limitations, or time limits, apply to different types of cases, which makes it almost impossible to give a definitive answer to this question. Additionally, the running of the statutes of limitations depends on the unique facts governing each case. There are different rules for different types of claims. For instance, the statute of limitations is different for military/federal tort claims act/FTCA malpractice cases than that for civilian adults.

Generally speaking, in the State of Washington you have three years from the date of injury or from the time you discover your injury to file a claim. If you or a loved one believes you have a claim where the statute of limitations may be running we urge you to contact us immediately for a free, professional consultation and more information about our firm.
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What is the Federal Tort Claims Act?

The Federal Tort Claims Act or FTCA allows private parties to sue the United States government when its employees are acting on behalf of the United States. Basically, the FTCA provides a limited waiver of sovereign immunity by the U.S. government: at its heart the FTCA represents a waiver of sovereign immunity, which flows from Old English common law.

Liability under the FTCA is limited to “circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U.S.C. § 1346(b). The FTCA exempts, among other things, claims based upon the performance, or failure to perform, a “discretionary function or duty.” 28 U.S.C. § 2680(a). The FTCA also exempts several intentional torts, although the United States may be liable for specific intentional torts such as assault, battery, and false imprisonment, if committed by federal law enforcement officers. 28 U.S.C. § 2680(h). Generally the right to sue under the Act has been limited to non-active duty members of the armed forces, such as civilians, military dependents and retirees.

The Supreme Court of the United States has limited the use of the FTCA in cases involving active duty military members pursuing the Government for actions of those acting on their behalf. This is known as the Feres Doctrine. See 340 U.S. 135 (1950). Over recent years the Feres Doctrine has been eroded and the issues related to its application are complex. Also, it is critical to note that in recent years more and more civilians are working for the Government as both employees and independent contractors. Particularly if you are in a Governmental Health Care facility you should not assume the healthcare provider is active duty. You should call our law offices to speak with a qualified lawyer to see if you have a case.

The Federal Tort Claim Act was passed after a military pilot crashed a bomber, while flying in thick fog, into the side of the Empire State Building. Following the crash some families of the victims filed lawsuits against the Government, other families accepted monetary settlements. The lawsuits resulted in this landmark legislation, the Federal Tort Claims Act, being put into place in 1946. This Act for the first time allowed suits to be brought against the Government by non-active duty individuals. The bill had been pending in Congress for several decades, however the lawsuits and public out roar spurred its final passage and enactment in 1946.

Also you should be aware that some or all Community Health Care Clinics in your community may be covered by the FTCA. The impact of this is to dramatically reduce the time you have to file a claim and a lawsuit.
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How long after my injury do I have to file a claim against the federal government?

Generally an FTCA medical malpractice claim must be filed within two years of when the injury occurred, but this analysis is very complicated and cannot be described on a website. There are just too many exceptions and the law is too complicated and changeable.

Filing an FTCA claim can be an extremely complicated endeavor and requires the expertise and advice of an attorney with experience in FTCA claims and/or the Military Claims Act.

If you feel you may have a claim contact us immediately for a free consultation. Failure to file a claim within this very complicated two year statute of limitations period will forever prohibit the injured person to file a claim and from any recovery. Do not delay in contacting competent counsel.
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Who can file a claim under the Federal Tort Claims Act?

FTCA claims may be filed by anyone, except active duty military personnel (with some narrow exceptions), who has been injured as a result of negligence at the hands of someone acting on behalf of the Government. By way of example this includes collisions with US Postal Service vehicles, malpractice at veterans and military medical facilities, and negligence at Community Healthcare Clinics. Those who may sue include but are not limited to veterans, military retirees and their families. Contact us today for a free consultation about your case and to learn more about our firm.
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What if my injury was received overseas?

An FTCA claim can only be filed for injuries received in the United States and its territories. However, injuries received in countries other than the U.S. and its territories may be covered by the Military Claims Act. If you have been injured by someone acting on behalf of the federal government in the U.S., its territories, or on foreign soil contact us today for a free consultation and analysis of the merits of your case.
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Do I have to take my case to trial?

No. There is no predictor and every case is different, but the majority of legal cases settle. Many elements impact the decision to settle a case or go to trial including the chances of proving your case; its estimated value; the quality and expertise of your attorney; and, the defendant. Contact us today to determine if you have a potential case and to learn more about our firm.
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What is the difference between a judgment and a settlement?

A judgment is what the defendant is ordered by the court to pay after a verdict has been made by a jury or a judge. A settlement is a voluntary agreement between the injured party and the defendant, usually through the defendant’s insurance company, to resolve the case in return for a certain amount of money. If you think you have a legal case, contact us today for a free consultation and to learn more about our firm.
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Why is Dore Deutscher the right choice for my case?

The attorneys at Dore Deutscher are the right choice for most people seeking legal counsel in the practice areas of personal injury, wrongful death, medical malpractice, motor vehicle accidents, military and veterans medical malpractice, the FTCA, elevator falls and accidents, condemnations, construction injuries, and criminal/DUI law.

Dore Deutscher is well-respected by clients and peers alike and boasts a proven track record of success. Additionally, we are steadfast and relentless in pursuit of justice on our clients’ behalf. We fight for every penny due our clients. We are tenacious in settlement negotiations and know when to stop the talk and go to trial.

Most importantly, we genuinely care about each and every client and provide superior personal service. Contact us today for a free consultation and more information about our firm.
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