A: I say this as someone who is not a workers comp attorney: Please, never go through a WA workers compensation claim without an attorney again. It's possible you've left an enormous amount of money on the table. People get fee sensitive when thinking about workers comp attorneys, knowing they take part of regular time loss, but they don't know that this is more than offset by having someone wring every last dollar out of your claim, whether it be increasing your time loss amount to the correct one, elongating your claim by more than the time loss attorney fee (let's say they take 15%, and they keep your claim going more than 15% longer than you could on your own - which is a universal result with an attorney worth their salt), increasing your PPD amount, or getting you a pension you wouldn't get on your own.
You should look one up immediately after reading this message. Just be wary. There's a firm or two that spends boatloads on workers comp attorney ads but don't have any workers comp attorneys on their website. Look up everyone's reviews on Google and Avvo before making a decision. Good luck to you!
A: There are a lot of layers to what you just described. You're basically asking us to help you screw up your case. Unfortunately, you have already put a dent in your case's value. If you have an attorney take over, they could probably smooth that out. But, what you're proposing would lower you case's value to pennies on the dollar. You're basically setting yourself up to pay *thousands or tens of thousands of dollars out of your pocket* for the privilege of having been hurt by someone else. That's a bad deal.
Generally speaking: if you are hurt, you don't stop treating until you're better. If you never get better, or if there is no hope of getting better, then you work up the permanency aspect of the case so you can get compensation for a lifelong injury.
You and your daughter have PTSD and anxiety? You both need to treat for that. At the very least, you owe it to your daughter to look into trauma therapy for young children. There are therapists and counselors out there who can help you - for those that don't have any health insurance or PIP - options may very well still exist. You will *NOT* get fair compensation for anxiety or PTSD stemming from a car collision if you do not document and attempt to remedy this condition.
You don't have your car back after FOUR MONTHS? That's a huge problem. It's crazy you haven't called an attorney for that reason alone.
Your husband is still treating, though the collision was in March? That's perfectly normal. If you send a demand letter, no money for future treatment will be offered. Zero. You shouldn't send a demand before treatment ends unless the injuries are life-altering.
Most people who don't hire attorneys are fee sensitive, or wary of racking up medical bills. While sometimes medical bill balances can come into the cost/benefit of a case's value, it's rare usually at least somewhat solvable when it does come up. And yes, attorneys charge a fee. But on average, you *NET* several times what you would by going it alone. And, you are almost always in better physical and mental condition than if you were to go it alone.
The bottom line is no matter how this goes, you are going to get hosed unless you hire an attorney. You've got to let go of whatever is holding you back from calling one. Your family has suffered too much already. Call an attorney and at least see if they can help you.
A: A better question would be "am I committing fraud if assets are transferred in my name solely for avoiding creditor payments". The answer would be YES.
There's something called the Uniform Fraudulent Transfer Act. It's called the Uniform Voidable Transfer Act in Washington, but there are both civil and criminal penalties for this type of behavior. Here are the RCWs regarding the civil and criminal consequences.