We are now Melvin & Torrone, PLLP!
Torrone Law has merged with Robert Melvin Attorney at Law to form a new firm even more focused on providing aggressive, compassionate representation in family law and criminal defense matters throughout Pierce County and the South Sound.
Stay tuned for a brand new site. In the meantime, we are here to help!
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In 2011, Chris Torrone opened his legal practice to better serve his community by fighting for families being unfairly targeted by the legal system.
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When I saw all the great reviews about Torrone Law office I knew they were the right choice. The results were AMAZING! Chris did a great Job with my CPS case, he made me feel better after talking to him, he assured me that everything was going to be okay and that he was going to get me my kids back. HE DELIVERED. He did exactly what he said he was going to do and got my kids back to me. Chris keeps you on the loop of what’s going on, the whole Team is nice and pleasant. EVERY dime was well spent. I recommend Torrone Law firm 100%
I recently hired Chris and his team to handle my custody case. At the time I was out of my mind with worry because my ex refused to pay child support or honor his temporary visitation orders. At our first meeting Chris was very kind and intuitive. He asked detailed questions and was able to “talk me off the ledge” very quickly. I am not perfect but I love my kids. Chris “gets” me and I’m confident he will be there for me throughout this painful process.
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None of these articles should be mistaken for legal advice, but they are extremely helpful thoughts and ideas to help you. We cover the range of practice areas from family law, to personal injury, and more.
What Every Parent Should Know Before Hiring a Child Custody Attorney in 2025
Parental rights and custody agreements aren’t matters you can handle casually. The decisions made in family court directly affect your relationship with your children and shape their futures. Whether you’re dealing with joint custody arrangements, sole physical custody, or fighting to establish parenting time, the stakes are too high to go it alone.
A skilled child custody attorney doesn’t just represent you in court. They protect your parental rights, build the evidence you need, and guide you through family law procedures that most parents don’t understand. In my 20 years of family law practice, I’ve seen how proper legal representation transforms outcomes. Let me show you why specialized help matters.
Torrone’s Takeaways
- Washington custody laws differ from other states. Local court experience is critical.
- Documentation and evidence of parental involvement determine custody outcomes.
- Unmarried fathers must establish paternity before seeking custody rights.
- High-conflict cases need immediate legal representation. Don’t delay.
- Attorney fees range from $2,000 to $25,000+. Payment plans are available.
- Courts focus on your child’s best interests, not fairness to parents.
- Custody orders can be modified if circumstances substantially change.
Table of Contents
Why Washington State Custody Cases Need Specialized Legal Help?
Washington’s Parenting Plan Requirements Differ From Traditional Custody
Washington’s family law system works differently than other states. Our custody laws and how judges evaluate parental rights are distinctly different. If you’re relying on advice from someone who went through custody in another state, you’re already behind.
I represented a mother from Seattle in 2019 who assumed she’d automatically get primary custody. That’s not how Washington works. Our courts apply the best interests standard without presuming either parent deserves more time.
She almost lost half her parenting time because she didn’t understand the difference between legal custody and physical custody. With proper guidance, we established joint custody that protected her relationship with her children.
When Courts Get Involved in Your Case and What That Means
Family court intervention happens the moment you file. A judge assigns your case and establishes temporary court orders for your parenting schedule while the case proceeds. Evidence about your relationship with your child becomes the foundation for final custody arrangements. Guardian ad litems may be appointed to assess what serves your child best.

The Real Cost of Trying to Handle Custody Without an Attorney
I consulted with a man from Tacoma who’d been handling his custody case alone for 8 months. He’d agreed to a visitation schedule giving him only 20 percent parenting time. He didn’t realize he’d waived his right to challenge it. By the time he came to me, he’d already signed away years with his children. The emotional toll was devastating.
Table: Types of Custody Arrangements in Washington State
| Custody Type | Decision-Making Authority | Where Child Lives | Best For | Potential Challenges |
|---|---|---|---|---|
| Joint Legal Custody | Both parents share major decisions | Can vary (see physical custody) | Parents who communicate well | Requires cooperation on education, medical, religious choices |
| Sole Legal Custody | One parent makes all decisions | Usually with legal custodian | High-conflict cases, safety concerns | Other parent has limited input on major choices |
| Joint Physical Custody | Varies by agreement | Child splits time between both homes (40/60 or closer to 50/50) | Parents living near each other | Requires consistency between households |
| Sole Physical Custody | Decided in parenting plan | Child lives primarily with one parent | Significant distance between parents | Noncustodial parent gets limited parenting time |
| Split Custody | Each parent for their child | Different children live with different parents | Large sibling age gaps, individual needs | Separates siblings, complex logistics |
| Primary Residential Parent | Joint or sole legal custody | Child lives mostly with one parent (65%+ time) | One parent’s work schedule more flexible | May limit other parent’s involvement |
What Actually Happens During a Washington State Custody Case?
How Parenting Plans Work and What Judges Look For
A parenting plan outlines parenting time, decision-making authority, and major choices about your child’s life. Judges examine whether you can provide stability and whether you have a real relationship with your child. They look at what serves the child’s best interests, not just who wants more time.
I worked with a father from Spokane in 2021 who thought irregular work hours would cost him custody. What mattered was his demonstrated commitment. He had years of involvement in his daughter’s school and medical appointments. The court awarded him joint physical custody. Your actual involvement speaks louder than promises.
Timeline from Filing to Final Orders
Most Washington custody cases take between 90 days and 18 months. You file your petition and serve the other parent. Temporary court orders are established that govern parenting time while your case proceeds.
Discovery happens next, where both sides exchange information. If you can’t reach agreement, mediation or a custody hearing follows. Final orders come after the judge reviews evidence.
What Evidence You’ll Need to Build a Strong Case
Evidence is everything in custody matters. Judges decide based on what they can see. Documentation of your relationship with your child is your strongest tool. Keep records of school involvement, medical appointments, and photos of activities together.
A mother from the Tri-Cities in 2023 maintained detailed notes about her ex’s missed parenting time for 2 years. When we presented over 90 pages of documented evidence at her custody hearing, the judge awarded her primary physical custody.
How Modifications Work if Your Situation Changes Later
Your custody agreement isn’t permanent. If your co-parent relocates or your work schedule shifts significantly, you can petition the court for modification. Washington courts won’t change orders lightly. You need to show a substantial change in circumstances affecting your child’s best interests. Proper documentation of how circumstances changed makes your case strong.
Table: Washington State Parenting Plan Timeline and Costs
| Stage | Typical Timeline | Average Cost Range | What Happens |
|---|---|---|---|
| Initial Consultation | 1-2 weeks | $0-$300 | Meet with attorney, discuss case details |
| Filing Petition | 1-3 days after hiring | $280-$350 (court fees) | Legal paperwork filed with family court |
| Temporary Orders | 2-8 weeks | $2,000-$5,000 | Emergency or temporary custody arrangements |
| Discovery & Evidence | 3-6 months | $3,000-$8,000 | Gathering documents, depositions, investigations |
| Mediation Attempt | 4-7 months | $500-$2,000 | Court-ordered negotiation sessions |
| Guardian ad Litem (if ordered) | 2-4 months | $3,000-$8,000 | Independent investigation of family situation |
| Trial/Hearing | 9-18 months | $10,000-$25,000+ | Judge makes final custody determination |
| Final Orders | 10-20 months total | Total: $15,000-$35,000 | Permanent parenting plan established |

Red Flags That Mean You Need a Child Custody Attorney Right Now
When Your Co-Parent Has Already Hired Legal Representation
If your co-parent has an attorney and you don’t, you’re at a serious disadvantage. Family law attorneys know how to file motions strategically, present evidence effectively, and exploit procedural mistakes. Going up against legal representation without your own counsel is like playing a game where only one side knows the rules.
If False Allegations or Safety Concerns Are Involved
False allegations can destroy your parental rights if not handled properly. Whether your co-parent claims domestic violence, substance abuse, or child neglect, you need immediate legal defense. Safety concerns require careful documentation and court orders to protect your child while establishing the truth. These situations demand experienced representation.
Cases Involving Relocation or Moving Out of State
Moving out of state with your child triggers complex custody laws and court approval requirements. Relocation cases are among the most contested custody matters. You need an attorney who understands:
- How Washington courts evaluate relocation requests
- Interstate custody laws and their implications
- How to protect your parenting time across state lines
- The legal standards judges apply in these disputes
High-Conflict Situations Where Mediation Has Failed
When mediation breaks down, you’re heading to a custody hearing. High-conflict cases require strategic preparation, strong evidence presentation, and someone who won’t back down. This is where courtroom experience matters most.
How to Choose a Child Custody Attorney Who Will Actually Fight for You
Experience That Matters vs Marketing That Doesn’t
Don’t be fooled by slick websites or big advertising budgets. What matters is real courtroom experience with custody cases. Ask potential attorneys about their actual trial record, not just their marketing claims.
- How many custody hearings have they handled?
- What were the outcomes?
A family law attorney who specializes in custody disputes will have concrete results to show you.
Questions to Ask During Your First Consultation
Ask these specific questions, such as:
- How many custody cases have you handled in the past three years?
- What’s your experience with parenting plans and modifications?
- Do you understand Superior Court procedures and the judges who handle family law?
- How do you communicate with clients during cases?
- What’s your fee structure and what costs should I expect?
These answers reveal whether an attorney truly understands custody law or just handles general family law matters.
Warning Signs of Attorneys You Should Avoid
Avoid attorneys who promise guaranteed outcomes. No reputable lawyer can guarantee results in custody disputes. Skip anyone who won’t discuss fees upfront or pressures you to retain them immediately. Red flags include attorneys who badmouth the opposing party excessively or seem more interested in running up billable hours than solving your case efficiently.
How Local Court Experience in Your County Makes a Difference
Local experience matters enormously. I’ve practiced family law in Washington for 20 years. I know how individual judges approach custody disputes, which attorneys they respect, and what evidence carries weight in our courtrooms. An attorney licensed to practice in Washington but without local court experience will miss critical nuances that affect your custody agreement.
What Washington Courts Consider When Deciding Parenting Plans
The Best Interests Standard and How It Applies to Your Case
Washington courts use the best interests standard to determine parenting plans. This means judges evaluate what arrangement truly serves your child’s welfare, not what either parent prefers. The best interests standard considers your child’s physical, emotional, and developmental needs. It’s not about fairness to you. It’s about what’s best for your child.
How Judges Evaluate Each Parent’s Relationship With the Child
Judges look at the depth and quality of your actual relationship with your child. A father from Olympia came to me in 2022 worried his demanding job would hurt his custody case. What saved him was 15 years of consistent involvement in his son’s life.
He attended every school event, coaching practice, and doctor’s appointment he could. The judge recognized genuine commitment and awarded substantial parenting time.
Work Schedules, Stability, and Other Practical Factors
Your employment schedule matters, but it’s not the deciding factor. Judges consider whether you can provide stability and whether your work allows meaningful parenting time. A stable home environment, consistent routines, and your ability to meet your child’s daily needs all factor into custody decisions.
When Mental Health or Substance Abuse Issues Come Into Play
Mental health or substance abuse issues directly affect custody determinations. Courts may order evaluations or require treatment as conditions of parenting time. These issues don’t automatically disqualify you from custody, but they must be addressed transparently through your family law attorney and documented recovery efforts.
How Much a Child Custody Attorney Actually Costs in Washington?
Average Attorney Fees and Retainer Requirements
Family law attorneys in Washington typically charge between $200 and $400 per hour. Most require a retainer upfront, usually $1,500 to $5,000, depending on case complexity. Uncontested custody cases may cost $2,000 to $5,000 total.
Contested cases involving custody hearings can run $10,000 to $25,000 or more. These are investments in protecting your parental rights and your relationship with your children.
Hidden Costs Most Parents Don’t Plan For
Beyond attorney fees, expect additional expenses:
- Court filing fees and service fees
- Guardian ad litem or custody evaluator costs
- Expert witness fees if needed
- Document copying and transcript fees
- Mediation costs if required

Payment Plans and Options for Parents on Tight Budgets
Many family law attorneys offer payment plans to make representation accessible. Some work on sliding scales based on income. Ask directly about your options during your initial consultation. Don’t let financial concerns prevent you from getting proper legal representation.
When Legal Fees Can Be Ordered Against the Other Parent
Washington courts can order one parent to pay the other’s attorney fees in custody cases. This typically happens when one parent acts unreasonably, files frivolous motions, or engages in bad faith litigation. If your co-parent is clearly the aggressor in prolonged disputes, the court may shift fees to them.
How Custody Agreements Work for Unmarried Parents in Washington?
Why Establishing Paternity Comes First
If you’re an unmarried father, establishing paternity is your first legal step. Without it, you have no parental rights in Washington. Paternity can be established through:
- Voluntary acknowledgment signed by both parents
- Court order after genetic testing
- Administrative processes through the state
Once paternity is established, you gain the right to seek custody and parenting time.
How Custody Defaults to Mothers Until Legal Action Is Taken
Washington law gives unmarried mothers automatic custody. Fathers must take legal action to establish parental rights and custody. This doesn’t mean mothers automatically win contested cases, but they start with legal custody unless a father takes steps to change it through family court proceedings.
Getting a Parenting Plan Without Going Through Divorce Court
Unmarried parents can create parenting agreements outside divorce court. You can work with a family law attorney to develop a custody agreement, submit it to the court for approval, and establish a legal parenting plan. This avoids full litigation while protecting your parental rights and ensuring your child support obligations are clear.
What to Bring to Your First Meeting With a Child Custody Attorney?
Documents That Will Speed Up Your Case
Bring every document related to your custody situation. This includes
- Birth certificates
- Existing custody agreements
- Court orders
- Emails
- Text messages
- Any correspondence with your co-parent.
I still remember a father in the early days of pandemic arrived with organized folders (with tags) containing two years of documentation. We built his entire case from that evidence. Organization saves time and attorney fees.
Information About Your Child’s Schedule and Needs
Bring details about your child’s daily routine, school schedule, medical needs, and activities. Know your work schedule and availability for parenting time. Understand any special requirements your child has. This information helps your family law attorney evaluate what parenting plan actually works for your situation.
A List of Your Concerns and Goals for Custody
Write down what matters most to you. Are you seeking primary physical custody or joint custody? What concerns do you have about your co-parent’s fitness? What’s your realistic goal for parenting time? Clear goals help your attorney develop the right strategy for your custody case.
Frequently Asked Questions About Hiring a Child Custody Attorney
1. What’s the difference between joint legal custody and sole legal custody?
Joint legal custody means both parents make major decisions about your child’s upbringing. Sole legal custody gives one parent that authority. The custodial parent with sole legal custody controls education, medical, and religious decisions without the other parent’s input.
2. How does child support work if I have full custody?
If you have full custody, the non-custodial parent typically pays child support. The amount follows state guidelines and depends on both parents’ income. These child support payments help cover your child’s living expenses and needs.
3. Can visitation rights change after a custody order is finalized?
Yes, courts can modify visitation rights if circumstances substantially change. You need to show the modification serves your child’s best interests. I’ve helped parents adjust parenting time when work situations or safety concerns shifted.
4. What happens if my co-parent violates the parenting plan?
Violations can result in contempt charges and enforcement actions. Document every violation and report it through proper channels. Courts take violations seriously, especially when they interfere with your parenting time or child support obligations.
5. Do LGBTQ parents have the same custody rights as other parents?
Yes, LGBTQ parents have equal parental rights in Washington. Sexual orientation or gender identity cannot be used against you in custody cases. Our courts protect parental rights for all families equally.
6. How can I prepare my child for custody evaluations?
Be honest with your child about the process without coaching them. A forensic psychologist will assess your child’s relationship with both parents. Courts rely on these evaluations to determine custody arrangements fairly.
7. What if I can’t afford child support payments?
Contact your family law attorney immediately if you face child support debt. Courts may modify orders if circumstances change significantly. Ignoring obligations creates legal problems. Discuss payment options before arrears accumulate.
Final Thoughts
Your custody case deserves more than uncertainty. You need an attorney who recognizes the patterns, understands Washington’s specific laws, and fights for your parental rights. I’ve spent 20 years helping parents protect their relationships with their children.
The first step is simple. Call Torrone Law today for a consultation. Let’s discuss your situation and build a strategic plan that serves your family’s best interests.
What Happens After a Drunk Driving Accident in Washington State?
In Washington state, the legal system prosecutes the driver for criminal penalties in drunk driving accidents. At the same time, the victim pursues a civil claim for damages. Blood alcohol concentration (BAC) at the time of the incident is a central piece of evidence, often obtained through a breathalyzer test or blood alcohol test.
If you are found driving under the influence (DUI), you may face serious legal consequences. These include fines, a driver’s license suspension, and the required installation of an ignition interlock device. Furthermore, the personal injury claim brought by the victim seeks compensation for medical expenses, lost wages, and pain and suffering.
Torrone Takeaways
- Washington has a strict per se DUI law, with a 0.08% blood alcohol concentration limit.
- A drunk-driving crash results in two separate legal cases: criminal and civil.
- The civil system helps victims recover medical expenses and other losses.
- Negligence per se helps establish fault in a personal injury case.
- Damages include both economic costs like lost wages and non-economic losses like pain and suffering.
- The Statute of Limitations is generally three years for a civil claim in Washington.
- Washington law does not allow for punitive damages.
- Your own uninsured/underinsured motorist coverage may be your best option for compensation.
- Dram shop laws can hold businesses responsible for over-serving an intoxicated driver.
- A victim can win a civil lawsuit even if the driver is not convicted in criminal court.
Table of Contents

The Immediate Legal and Medical Aftermath
A drunk driving crash is a jarring event with immediate and severe consequences. The first priority is always safety and medical attention for any crash injuries. For the impaired driver, law enforcement will initiate an accident investigation to determine the cause and file a criminal case.
This includes a field sobriety test and a blood alcohol test to measure your BAC. A high blood alcohol content will lead to an arrest for driving under the influence. The legal consequences start instantly and include a driver’s license suspension.
First Steps for Victims at the Scene
For victims, the moments following an accident are critical for their personal injury case.
- Seek Medical Attention: Even if injuries seem minor, get a medical examination immediately. Undiagnosed issues like post-traumatic stress disorder can manifest later.
- Gather Information: Document everything safely, including the other driver’s information and any visible signs of intoxication.
- Do Not Discard Evidence: Do not discard clothing or personal items that might contain evidence.
How Police Investigations Work on the Ground
Law enforcement operations at the scene are focused on gathering evidence for the criminal case against the impaired drivers. The accident investigation team documents the crash site, interviews witnesses, and collects physical evidence.
Criminal penalties can be significant, but the parallel civil lawsuit for property damage and medical expenses is equally important. A criminal conviction can provide powerful evidence in a civil claim for personal injury, pain and suffering, and other damages.
Washington’s Per Se DUI Law
Washington state has a unique approach to impaired driving. Under the state’s per se DUI law, a person is automatically considered driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher within two hours of driving. The prosecution does not need to prove the driver was physically impaired by alcohol. Merely having a BAC at or above the BAC limit is enough to secure a conviction.
This strict standard for alcohol concentration makes it distinct from states that require additional evidence of intoxication. A breathalyzer test or blood alcohol test is typically used to establish this crucial evidence.
The Importance of the Two-Case System: Criminal and Civil
A drunk driving crash in Washington triggers two separate legal actions. The state initiates a criminal case to impose punishment for the violation of law. This can result in jail time, fines, and a driver’s license suspension. Simultaneously, the injured victim can pursue a civil claim to recover compensation for their losses.
This civil lawsuit seeks to hold the impaired driver financially accountable for medical expenses, lost wages, and pain and suffering. The outcome of one case does not always determine the other, as they have different burdens of proof.
What “Negligence Per Se” Means for Your Case
In civil law, the concept of negligence per se is powerful for a victim’s personal injury claim. In Washington, a driver’s violation of a safety law, such as impaired driving, is considered a breach of duty. The violation itself establishes negligence.
This means the victim does not have to prove the at-fault driver was careless or reckless; they only need to show that the driver violated the DUI law and that the violation caused their crash injuries.
Title: Washington State DUI Penalties for First and Second Offenses
| Offense | BAC Level | Jail Time | Fines & Fees | License Revocation | Ignition Interlock Device (IID) |
| First DUI Offense | Below 0.15% | Minimum 24 hours | At least $866 | Minimum 90 days | At least 1 year |
| First DUI Offense | 0.15% or higher | Minimum 48 hours | At least $1,121 | Minimum 1 year | At least 1 year |
| Second DUI Offense | Below 0.15% | Minimum 30 days | At least $1,121 | Minimum 2 years | At least 5 years |
| Second DUI Offense | 0.15% or higher | Minimum 45 days | At least $1,671 | Minimum 900 days | At least 5 years |

Economic Damages Caused by Drunk Driving Accidents
Following a drunk driving crash, victims can pursue a civil lawsuit to recover financial losses known as economic damages. These are objective and verifiable monetary costs resulting directly from the accident. Economic damages include compensation for:
- Medical expenses, such as hospital bills, doctor visits, and physical therapy
- Lost wages due to time missed from work
- Property damage to your vehicle or other personal items
A victim can seek compensation for current bills as well as projected future expenses related to their crash injuries.
The Pain of Non-Economic Damages
Beyond financial losses, victims also suffer non-economic damages, which are subjective and harder to quantify. The legal system recognizes the real impact of these losses. The term pain and suffering is a broad category that covers a range of emotional and physical harm.
This can include physical discomfort, emotional distress, and the loss of enjoyment of daily life. For instance, a person who can no longer participate in a beloved hobby due to their injuries can claim non-economic damages.
How Wrongful Death Claims Work in Washington
When a drunk driving accident results in a fatality, family members may be able to file a wrongful death claim. The claim is a separate type of civil lawsuit that seeks to hold the impaired driver responsible for the death. It allows the deceased person’s family to recover damages for their losses.
These include funeral expenses, emotional distress, and the loss of future financial support and companionship. This provides a way for families to find some measure of closure and financial stability after an unimaginable loss.
The Role of Your Own Policy and the At-Fault Driver’s Insurer
After a drunk driving crash, your first interactions will likely be with insurance companies. A personal injury claim in an at-fault state like Washington means the impaired driver’s auto insurance pays for your medical expenses and property damage.
However, your own policy is not without a civil claim. Uninsured/underinsured motorist (UM/UIM) coverage on your policy can help if the at-fault driver has no insurance or not enough coverage to pay for your crash injuries.
Avoiding Common Traps Set by Insurers
Insurance adjusters are trained to minimize payouts. They may offer a low initial settlement, hoping you’ll accept it quickly to cover immediate financial burdens like lost wages or a totaled vehicle. They might also ask for a recorded statement. Do not provide one. Insurers can use a simple statement or comment against you later to devalue your civil lawsuit.
When to File a Lawsuit Against the Insurer
A civil claim against the insurance company becomes necessary when they refuse to offer a fair settlement. This often happens if they deny your claim outright or make a lowball offer that does not account for all of your personal injury losses, including pain and suffering. Filing a lawsuit can be the next step to ensure you receive just compensation.
Dram Shop Liability in Washington
In Washington, a drunk driving crash might involve more than just the driver. Under the state’s dram shop laws, a business that sells alcohol can be held responsible for a victim’s injury. This happens if they served alcohol to a visibly drunk person who later caused a wreck.
This legal rule can make the driver and others responsible for paying money. It gives another way to get money back. Proving a business overserved a person can be a complex undertaking, requiring careful documentation of the events leading up to the crash.
When Employers Can Be Held Accountable
In some instances, an employer can share the blame for an alcohol-related crash. This can happen under a theory of vicarious liability if the impaired drivers were acting within the scope of their employment when the incident occurred.
For example, if a company hosts a function and provides alcohol, and an employee drives drunk from that event, the employer may be held liable. The employer could also be held responsible for negligent hiring or supervision if they knew an employee was a high-risk driver but allowed them to operate a company vehicle.
The Uninsured and Underinsured Motorist Dilemma
A common and frustrating scenario for victims is when the at-fault drunk driver has no insurance or very little coverage. A civil claim can be successful, but if the driver has no assets, collecting the awarded damages becomes a major challenge.
Uninsured/underinsured motorist (UM/UIM) coverage on a victim’s own auto insurance policy can be a lifesaver. This coverage allows the victim to seek compensation from their own insurance company for medical expenses, lost wages, and pain and suffering when the at-fault driver’s policy is insufficient.

Washington’s Strict Statute of Limitations
A drunk driving crash is a traumatic event, but legal action must be pursued in a timely manner. Washington law establishes a strict Statute of Limitations that governs how long a victim has to file a civil lawsuit for personal injury and property damage.
For most alcohol-related crashes, the deadline is three years from the date of the incident. This is a hard deadline; if a civil claim is not filed within this timeframe, a victim may lose the right to seek compensation, regardless of the severity of their crash injuries.
Exceptions to the Rule
While the three-year rule is the standard, certain situations can alter the timeline. For instance, if the person injured is a minor at the time of the accident, the statute of limitations is “tolled,” or paused, until their 18th birthday. After that, they have the standard three years to file a lawsuit. An exception may also apply if a victim’s injuries are not immediately apparent, allowing the clock to start when the injury is discovered.
Risks of Delaying Civil Lawsuits After DUI Accidents
Delaying a civil lawsuit is risky for several reasons. Evidence, such as skid marks, vehicle damage, or witness memories, can fade or disappear over time. Furthermore, waiting can complicate the collection of crucial records, such as medical bills and employment records needed to prove lost wages. Acting quickly helps your legal team conduct a thorough accident investigation and build a stronger case.
The True Cost of Medical Bills and Lost Wages
A drunk driving crash can create a significant financial burden on the victim. A civil claim against impaired drivers seeks to recover both present and future financial losses. This includes the immediate medical costs for emergency room visits and hospital stays.
It also covers costs for long-term care, physical therapy, and counseling for issues like post-traumatic stress disorder. A person’s inability to work due to crash injuries results in lost wages, which are also recoverable. The claim can include salary, commissions, and bonuses lost, as well as the value of lost future earning capacity.
When Punitive Damages Are Not an Option in Washington
Washington state law, unlike many other states, generally does not allow for punitive damages in personal injury cases. In these civil lawsuit claims, the focus is on compensatory damages – making the victim whole again, rather than punishing the at-fault driver. The at-fault driver’s actions are addressed in a separate criminal case handled by the district attorney’s office, which can result in a fine, jail time, or a driver’s license revocation.
Contingency Fees for Legal Representation
For many victims, the financial reality of a drunk driving crash can make them hesitant to pursue a lawsuit. A personal injury lawyer can be retained on a contingency fee basis. This means that the legal fee is a percentage of the final settlement or court award.
The client does not pay any upfront fees; the lawyer only gets paid if they successfully recover money for the client. This arrangement allows individuals with limited financial resources to access the legal system and seek justice without added financial stress.
The Interplay Between Criminal Charges and Your Civil Claim
Following a drunk driving crash, two separate legal actions are likely to proceed simultaneously: a criminal case and a civil lawsuit. The criminal case is brought by the state and focuses on punishing the impaired driver for their actions, which may include jail time, fines, or driver’s license revocation.
In contrast, a civil claim is filed by the victim and is centered on recovering compensation for medical expenses, lost wages, and pain and suffering. The two systems have different proof requirements. A criminal conviction requires a prosecutor to prove guilt beyond a reasonable doubt. This is a higher standard than the “preponderance of the evidence” needed for a civil lawsuit.
What to Do If the Drunk Driver Isn’t Convicted
A victim’s ability to file a civil claim is not dependent on the outcome of the criminal case. It is possible to win a civil lawsuit for personal injury even if the drunk driver is not convicted in criminal court.
The lower burden of proof in civil court means that it is easier to prove negligence than it is to prove a criminal charge. The accident investigation report and the results of any breathalyzer test or blood alcohol test will still be valuable evidence for your civil claim.
Protecting Your Rights as a Victim During a Criminal Prosecution
As a victim, you have rights during the criminal proceedings. They include:
- The right to be informed of the case’s progress.
- The right to attend court hearings.
- The right to provide a victim impact statement at sentencing.
This allows your voice to be heard and ensures that the court is aware of the full impact of alcohol-related crashes on your life.
Frequently Asked Questions
1. What is a “per se” DUI law?
In Washington, a person is legally Drunk Driving if their Blood Alcohol Concentration (BAC) is 0.08% or higher. The prosecution does not need to show physical impairment.
2. What is the “Safe System approach” to traffic safety?
The Safe System approach is a proactive road safety effort to design a system where human mistakes do not result in serious traffic deaths. It focuses on improving roads, vehicles, and laws.
3. How does a criminal case differ from a civil claim?
A criminal case seeks to punish DUI offenders with penalties, while a civil liability claim seeks to financially compensate the victim for damages. The burden of proof is also different.
4. Can a defense attorney also assist in my civil case?
The defense attorney in your criminal case is separate from the lawyer for your civil claim. A criminal defense lawyer is focused on a not-guilty verdict, not your financial recovery.
5. What is the role of the National Highway Traffic Safety Administration?
The National Highway Traffic Safety Administration is a U.S. government agency. It promotes road safety efforts and tracks traffic deaths to prevent alcohol-related fatal crashes and other incidents.
6. What are “Dram Shop Laws” and “Social Host Liability”?
Dram Shop Laws hold alcohol-serving businesses responsible if they serve a visibly intoxicated person who causes a drunk-driving crash. Social Host Liability is a similar legal theory for private individuals.
7. What is the difference between a hit-and-run and a drunk driving crash?
A hit-and-run crash involves a driver leaving the scene without providing information. A drunk-driving crash is caused by an impaired driver, though the two can overlap.
Creating a Legal Plan After DUI Enforcement
Following a DUI enforcement incident, it’s vital to create a personalized plan. Consult with a qualified defense attorney to assess your unique situation and potential civil liability. A legal expert can help you take control of the situation and begin the process of moving forward.
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