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The attorney judgment rule is a legal principle that applies to legal malpractice claims in Washington state, and it can have a significant impact on the outcome of these types of cases. The rule essentially states that an attorney’s decisions and actions, which are taken in the course of representing a client, are protected by a qualified privilege, and can only be challenged if the attorney’s conduct falls below the standard of care of a reasonable attorney.

This rule is intended to protect attorneys from frivolous lawsuits, and to ensure that they are able to freely and confidently advise their clients without fear of retaliation. However, it also means that plaintiffs in legal malpractice cases must be able to demonstrate that their attorney’s conduct fell below the standard of care, and that this conduct caused them actual damages. This can be a difficult burden to meet. If you have a legal malpractice claim, any attorney who represents you must be prepared to present a strong case that clearly demonstrates these elements. Our attorneys at Albert Law PLLC will take a look at your case and help you determine if you have a strong legal malpractice claim.

One important aspect of the attorney judgment rule in Washington state is the concept of “reasonable attorney” standard. This standard means that the attorney’s conduct is measured against what a reasonable attorney with similar qualifications would have done in similar circumstances. This standard is not fixed and it can change over time.

Another important consideration is the fact that the attorney judgment rule applies only to attorney conduct that is related to legal representation. This means that it does not protect attorneys from liability for conduct that is not related to their representation of a client, such as fraud or embezzlement.

It’s worth noting that the attorney judgment rule is not absolute, and it can be overcome in certain circumstances, such as if the attorney’s conduct was so outrageous or fraudulent that it is considered to be a breach of professional conduct. Additionally, if the attorney knew or should have known that their conduct was likely to cause harm to their client, they may be held liable for malpractice.

The attorney judgment rule is an important principle that applies to legal malpractice claims in Washington state. It protects attorneys from frivolous lawsuits and allows them to freely advise their clients. However, it also places a high burden on plaintiffs to prove that the attorney’s conduct fell below the standard of care and caused actual damages. If you believe that you have been the victim of legal malpractice, call Albert Law PLLC to speak with an attorney who has experience handling these types of claims. Our attorneys at Albert Law PLLC work tirelessly to ensure that your rights are protected and that you receive the compensation you deserve.

Legal malpractice claims arise when an attorney representing a party commits negligent errors and omissions that result in harm to their clients. Representing plaintiffs in these cases can be a challenging and complex task, requiring a deep understanding of the legal system and the specific laws that govern legal malpractice claims in Washington. Our attorneys at Albert Law work to understand these laws and keep up with new legislation.

One of the most important things to know when it comes to legal malpractice claims is the statute of limitations. In Washington, the statute of limitations for legal malpractice claims is three years from the date of the alleged malpractice, or one year from the date the plaintiff discovered or should have discovered the malpractice, whichever is later. This means that plaintiffs must act quickly in order to preserve their rights and ensure that their claim is heard. Contact an attorney Albert Law as soon as you discover that you may have a legal malpractice claim.

Another key consideration in legal malpractice claims is the burden of proof. In order to successfully prove a legal malpractice claim, plaintiffs must demonstrate that their attorney failed to exercise the level of care and skill that would be expected of a reasonable attorney in similar circumstances, and that this failure caused the Washington plaintiff to suffer actual damages. This can be a difficult burden to meet, and plaintiffs’ attorneys must be prepared to present a strong case that clearly demonstrates these elements.

When choosing an attorney for your legal malpractice claim, it is important for your attorney to effectively communicate with and advocate for you. This includes being able to clearly explain the legal process and the potential outcomes of the case, as well as being able to effectively negotiate settlements and represent you in court.

Overall, representing plaintiffs in legal malpractice claims in Washington state requires a thorough understanding of the legal system and the specific laws that govern these types of cases, as well as strong communication and advocacy skills. If you believe that you have been the victim of legal malpractice, it is important to speak with an attorney at Albert Law who has experience in handling these types of claims to ensure that your rights are protected and that you receive the compensation you deserve.

Aug 4, 2021 – Diggins v. WSDOT et al. – Personal Injury – Confidential Settlement

Albert Law settled a case on behalf of a bicyclist who was crossing the Deception Pass bridge, when an unsecured painting tarp enveloped him, causing him to careen into a vehicle, break two ribs, and puncture his lung. The improper securing of the tarp protecting the bridge caused serious harm to the biker and potential harm to others. If you were a victim of a bike accident, contact our personal injury attorneys at Albert Law PLLC.

November 2021 — R.D. v. Lake Washington School District — $313,500 settlement – School Bullying and §504 Violations

After a successful appeal to the Ninth Circuit Court of Appeals, 19 depositions, 12 subpoenas, four summary judgment motions, two motions for sanctions, and nearly $1m dollars spent on Lake Washington School District’s defense, the parties agreed to settle R.D.’s claims for $313,500.

R.D. is a child who suffered from a disease that caused her skin to crack, ulcerate, and become infected when she was exposed to cold and damp weather. When she was in Kindergarten, her parents asked her school to let her attend indoor recess during inclement weather, which is their right under §504 of the federal Rehabilitation Act. The school executed a plan, but it appears to have lost it. While Lake Washington School District was assuring R.D.’s family it was providing an indoor recess, R.D. inexplicably suffered some of the worst breakouts of lesions on her hands and feet in her entire life.

At the same time, R.D.’s parents relayed R.D.’s complaints that she was being bullied at school. Although school districts are required to begin bullying investigations within two days, complete them within 10 days, interview all the witnesses, and notify the parents of their right to appeal the findings, LWSD did none of that. Instead, it hired an “investigator,” who took her direction from LWSD’s own counsel. R.D.’s family waited four months for the investigation to begin and four more months for her to conclude. The investigator interviewed none of the witnesses R.D. provided her for reasons she was unable to explain in her deposition. Rather than arrive at any conclusions itself, LWSD had its litigation attorneys decide whether R.D. had been bullied and whether R.D. had responded appropriately. During litigation, LWSD tried to hide records from the family, but Albert Law PLLC eventually found phone records showing the principal talking with the accused-bullies’ mother while refusing to talk to R.D.’s mother.

In 2017, R.D. (represented by a different law firm at the time) made an offer to settle the case for $15,000. LWSD wrote “DENIED” and then proceeded to spend almost $1,000,000 in taxpayer money defending against her claims. LWSD hid more than 120 documents showing teachers, principals, and other parents complaining about the same student “hitting,” “kicking,” and “bullying” students, including R.D. While hiding those documents, it falsely claimed it had “no knowledge” of the student ever bullying anyone else.

R.D.’s federal claims were dismissed in June 2019, before they knew LWSD was hiding documents. Albert Law PLLC appealed the dismissal while re-filing similar claims in state court under the Washington Law Against Discrimination (WLAD). Both were successful. After spending nearly $1m in taxpayer dollars to fight claims R.D.’s family offered to settle for $15k 4 years prior, Lake Washington School District agreed to settle for an additional $313,500.

When school districts respond to bullying claims, they often chose the easiest route rather than the right one. They often side with the parents who are loudest and most intimidating at the expense of the child who is being bullied. They often demonize the other parent and try to suggest they are complainers who will never be content. They hire a fake investigator to conduct a sham investigation designed to help the school district escape accountability, and pin the blame on the parents and bullied student. That comes to a stop when education law attorneys at Albert Law PLLC get involved, as it has proven again and again.

nursing home abuse

It comes as no surprise to learn that seniors are more at risk for traumatic brain injury. According to data gathered by the CDC, children aged 0 to 4, as well as adults over 65 years of age are more likely to sustain a traumatic brain injury than other age groups. Unfortunately, individuals over 75 years of age have the highest hospitalization and death rates related to traumatic brain injury. Research collected by the CDC determined that the leading cause of traumatic brain injuries for individuals 75 and older is due to falls. If your loved one has suffered personal injury in the care of nursing home professionals it could very well be due to negligence. This sort of treatment is unacceptable and someone must be held accountable. 

What To do If your Loved One Has Suffered A Personal Injury In a Nursing Home 

The legal professionals at Albert Law PLLC can help ensure the individuals responsible for your loved one’s personal or brain injury are held responsible, and your family receives the help they deserve. Elderly abuse takes on many forms. It is usually not easy to recognize until the damage is done. Fortunately, there is something you can do about elderly abuse at the hands of a nursing home, by finding a Seattle nursing home abuse attorney. 

Who Can File a Claim for Abuse Against a Nursing Home 

The individual who is allowed to file a claim against a nursing home due to elder abuse differs from state to state. In every state, the immediate family members of the victim are allowed to file a claim. This is also true for Seattle nursing home injuries and negligence. Some states allow other family members, such as cousins, uncles, and others to file a lawsuit. If you believe your loved one has experienced a brain injury due to actions or lack of action by a nursing home, you should consult with a nursing home lawyer in Seattle to determine whether a lawsuit is the best route for your family. If you are in need of a nursing home lawyer in Seattle contact the staff at Albert Law PLLC for a consultation today. 

brain injury

March is Brain Injury Month: Signs of Brain Damage

Did you know that March is Brain Injury Awareness Month? It is. That’s because over 5 million people in the U.S. are disabled due to a brain injury.

Brain injury can cause drastic life changes.This can create a drain on your finances. A Seattle brain injury lawyer can help you get the compensation you deserve to help you overcome the challenges you face due to brain injury.

Signs of Brain Damage

It’s important to recognize the signs of brain damage.

They include:

  • Inability to recall the injury or 24 hours leading up to the event
  • Being disoriented
  • Trouble remembering new information
  • Blurry vision
  • Nausea or vomiting
  • Speech problems
  • Light sensitivity
  • Mood swings
  • Altered sleep patterns
  • Worsening headaches
  • Dilated pupils
  • Loss of consciousness
  • Convulsions/ seizures

Common Accidents That Lead to Brain Injury

Brain damage can occur as a result of:

  • Car accidents
  • Falls
  • Violence
  • Sports injuries

Often, these injuries are a result of negligence. If you or a loved one has experienced a brain injury due to carelessness, consult a Seattle brain injury attorney to find out how they can help you.

Long-term Effects of Brain Injuries

Unfortunately, long-term effects of brain injuries go beyond the pain. Of course, diagnosis and treatment cause high medical bills. The tests involved are costly.

Also, there’s rehabilitation, along with loss of employment.

Even with insurance, there are out-of-pocket expenses. Furthermore, you may experience insurance companies refusing to cover costs.

How Your Attorney Can Help You Get Compensation

If you’ve experienced any of these long-term affects as a result of brain injury, your attorney can help you get compensation. Experienced attorneys know how to handle insurance companies. They’ll also support you through the process of getting you the compensation you deserve.

If you or a loved one has suffered a brain injury due to negligence, contact Albert Law PLLC, brain injury attorneys in Seattle, to discuss how we can help you.

students bullying

Washington State has a host of codes protecting students from bullying at school. These codes protect everything, running from the way data is aggregated to methods for prohibiting harassment and bullying, to responding to students who seem to be in distress due to bullying, sexual abuse, or retaliation. 

What Are Some Examples of School Bullying?

Bullying can take many forms:

  • Cyberbullying
  • Prejudicial bullying
  • Physical abuse
  • Sexual abuse
  • Name-calling
  • Unwanted teasing
  • Relational aggression 

What Rights Does My Child Have if They Are Bullied?

Bullying can be stopped without resorting to litigious action on some occasions, but it must be dealt with swiftly by parents, teachers, mentors, and other adults. If the message is sent loudly and clearly that bullying will not be accepted, it often stops. However, when children get the sense that they can continue bullying without any negative consequences, then the bullying of others is likely to continue. 

If your child is bullied, you have a right to notify school officials, and to have the issue addressed quickly. If parents attempt to resolve a bullying issue at their school and have no success, then there are laws that protect children from further bullying. A Seattle school bullying attorney may help. You may need to take legal action against bullying in schools.

House Bill 144 states that school administrators, faculty, staff, and volunteers can demonstrate appropriate behavior, treat others with respect and honor, and refuse to tolerate harassment, intimidation, or bullying when they see it happening in real-time.

What are Schools Responsibilities if Students are Being Bullied?

Schools are encouraged to have a publicly displayed policy of intolerance of bullying and to follow it equally for everyone. They are also encouraged to report incidences of bullying or intimidation to parents by students or other staff who observe the bullying and to rectify the situation quickly. As a parent, you may need to seek legal counsel to protect your child from bullying.

At Albert Law PLLC, Education Attorneys in Seattle WA handle issues like these with some frequency. We encourage you to contact us at 206-576-8044 with civil rights-related issues like these. As Seattle education lawyers, it is our strong belief that every child deserves a safe place to get an education. 

old woman crying

Age discrimination in Washington, unfortunately, is commonplace. Even Fortune 500 companies are sued because of age discrimination sometimes.

What is Age Discrimination?

Age discrimination in the workplace is a form of harassment. The U.S. Equal Employment Opportunity Commission outlines specific examples of workplace age discrimination such as:

  • Age-based comments or jokes that are unwanted.
  • The use of offensive cartoons, drawings, or symbols based on age.
  • Gestures or verbal and physical conduct based on someone’s age.
  • Assigning work based on age.
  • Penalizing a worker or bypassing them for a promotion due to age.

Someone’s age doesn’t give them carte blanche to make comments about older individuals, either. For example, someone who is 45 can’t make jokes about senior benefits for someone who is 65. Seattle age discrimination attorneys may be able to help you finesse the subtleties of discriminatory acts.

How Does Age Discrimination Really Look?

Sometimes, age discrimination is overt. Other times it is insidiously covert, with comments made just when superiors aren’t listening to co-workers, or by contractors who feel they are above the law. Everyone who works together, however, is subject to laws governing age discrimination. That includes co-workers, bosses, trainers, temporary workers, or anyone else who works within your same physical workspace, or in the same virtual workspace. 

Can I be Penalized if I Report Age Discrimination in the Workplace?

It is illegal for your employer or co-workers to take retaliatory action against you for reporting age discrimination. 

It is also illegal for someone to be discriminated against due to their age, sex, cultural heritage, color, religion, gender, or nationality. There are laws in every state in place to ensure a safe workplace for everyone.

If you believe you may have been subject to age discrimination at work, reach out to Albert Law PLLC, we’re your Seattle WA Employment Attorneys. When you’re not sure if you’ve been harassed due to your age at work, Seattle discrimination lawyers can help. 

wet floor in the store

Proving a slip and fall or trip and fall accident inside a commercial premises in the State of Washington can be a complicated endeavor. In most cases, in order to prevail in a personal injury claim or lawsuit based on such an accident, you’ll need to show that the owner or occupier of the premises was negligent. Prior law required a claimant to show that the owner or occupier of the property either knew or should have known of the dangerous condition that caused a customer to slip or trip and fall. Now, the Supreme Court has eased the burden of proof somewhat. A Seattle personal injury lawyer need not show proof of knowledge of a dangerous condition on a store’s premises, so long as the danger was reasonably foreseeable.

Store Slip and Fall Example

Customers would enter the defendant’s store by walking on an exterior rubber mat, walking through the store doors and walking on another interior mat. A linoleum floor was then encountered. On wet days, water and mud would accumulate on that linoleum, and a store employee would place a warning sign there. The injured claimant entered the store on a wet day, but no warning sign was in place. She slipped and fell as soon as she got to the linoleum and injured herself. A store employee testified that he would ordinarily place a warning sign on wet days, but he confirmed that he had failed to do so prior to the claimant’s fall.

If you suffered slip and fall or trip and fall injuries at a store in or around Seattle, report the accident to management and contact the Seattle premises liability attorneys at Albert Law PLLC right away for legal representation. You can arrange for a free consultation and case review with one of our Seattle WA slip and fall attorneys. We’re thorough, professional, compassionate and aggressive premises liability attorneys in Seattle WA. When you retain us, our goal is to obtain the highest settlement or award that you deserve.

spinal cord injury

Every year, millions of people are involved in some type of accident. This often results in critical bodily injuries that could have a long-term effect on the injured, and on their families.  Spinal cord injuries can change your life and cause a disability or become debilitating over time. 

Common Causes of Spinal Cord Injuries

Many types of accidents can cause a spinal cord injury. Here are some examples of just a few of them:

  • Car, truck and motorcycle accidents, bicycle and pedestrian accidents.
  • Slip-and-falls, trip-and-falls or falls from heights.
  • Diving accidents.
  • Sports injuries.
  • Birth injuries.

Symptoms of Spinal Cord Injuries

Where an injury is located on a victim’s spinal cord largely determines what parts of his or her body are affected and the extent of that person’s symptoms. In the experience of our Seattle spinal cord injury lawyers, the higher the level on the spinal cord that the injury is located, the more severe the symptoms will be. If the injury involves a tear of the cord, whether partial or full, paraplegia may result.

Here are five symptoms of a spinal cord tear:

  • Muscle weakness or partial or complete loss of muscle movement in the extremities.
  • Difficulty breathing.
  • Loss of sensation in the arms, hands, legs and feet.
  • Loss of function of the bowel and bladder.
  • Involuntary muscle spasms.

Five things to know about having a spinal cord injury:

  1. You will need to learn a new way of performing your daily routines and activities.

2.  Modifications to living areas and workspace may be needed in order to live comfortably.

3.  New health concerns that could affect one or more areas of the body could be a medical expense that could last for years.

4.  A spinal cord injury could mean more open-ended and unexpected expenses and challenges.

5.  Skilled and knowledgeable Seattle spinal cord injury attorneys can help you obtain the compensation you need to help you and your family meet the challenges and expenses that accompany a spinal cord injury.

Any spinal cord tear is going to be physically, emotionally and financially debilitating, especially if it was caused by the carelessness and negligence of somebody else. Your quality of life can be permanently affected due to a severe spinal cord injury.  If your accident and spinal cord injury happened anywhere in or around Seattle, contact the Seattle spinal cord injury law firm at Albert Law PLLC for a free consultation and case review. We can talk about what happened and how it has affected you and your family.