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David C. Gillman - Ret. Lt. Col. US Air Force

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Law Offices of David C. Gillman
7512 Stanich Lane - Suite 2B
Gig Harbor, WA 98335
Phone: (253) 857-7247
Fax: (253) 857-7248
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Frequently Asked Questions

Personal Injury

Q.      What should I do if I am in an accident?

 A.      In spite of all of the confusion and turmoil, try to do the following:

  1. Call the Police and file an accident report even if you think the damages are minor.
  2. Give the officer a full and accurate report of the circumstances of the accident. 
    Give the facts but do not speculate or guess about the causes.
  3. Do not attempt to tell the officer of the extent of your injuries.
    Shock and the effects of adrenalin often mask injuries at the time of the accident.
  4. If possible, ask someone at the scene to get names and addresses of witnesses.
  5. Go to your medical care provider as soon as possible.
    You may not be aware of the extent of your injuries.
  6. Contact your attorney.

Bankruptcy

Q:       We seem overwhelmed with bills and my creditors are calling me at work.  How would filing bankruptcy protect my privacy at work?

A:        Either of the regular forms of bankruptcy protection, Chapter 7 or Chapter 13 protection, would protect you from collection actions both at your work and at home.  While these forms of individual bankruptcy differ considerably in how your creditors and debts are handled, they both immediately establish a “stay” or stop on all collection actions by your creditors during the bankruptcy proceedings.  See your attorney for further considerations.

Q:  Can I still qualify for a Chapter 7 Bankruptcy under the new laws?

A:  While the Federal Bankruptcy Laws were modified in 2005, most people who would have qualified for a Chapter 7 Bankruptcy prior to that date will still qualify.  The major change for an individual debtor or a couple is the amount of income available without being disqualified for the protection of a Chapter 7 Bankruptcy.  However, allowable is fairly generous and is not usually a limiting factor for most individuals and families.  See your attorney for the allowable income for your individual family circumstance.

Criminal Law DUI

Q:  Can I get some kind of “probation license” if my license is suspended for a DUI?

A:  Provided your license is suspended for a DUI by the Court or the DOL, you may now obtain an Ignition Interlock Devise License for the period of suspension.  You must provide proof to the DOL that you have an Ignition Interlock Device (IID) installed in your private vehicle and you have SR 22 car insurance and apply for the IID License at the DOL office.  That license will allow you to drive with the same privileges of your regular license provided you drive with the IID installed.

Q. Should a person take the voluntary Breath Alcohol test if they are stopped for a DUI?

A. Always Take the test.  If stopped for a suspected DUI, a refusal to take the “voluntary” BAC test results in the presumption of DUI and that presumption carries much more severe penalties than even a high BAC reading.   In addition, the DOL will suspend the person's driving license for at least one year for a refusal to  take the “voluntary” BAC test.   Whether you have taken the BAC test or not, you will need a good attorney.
 
Wills, Trusts, and Probate Law

Q: My Will is several years old, is it still any good?
 
A: The answer to the question will depend upon whether your current will still reflects you wishes regarding the division of your assets and whether changes in circumstances warrant provisions to protect your estate from taxation or unanticipated claims against what you intend to leave to your heirs.  You may want to provide for a loved one but protect them from creditors or inheritance taxes.  You may need to ask yourself what circumstances you want to cover and then seek the counsel of a qualified attorney to review what provisions you have made for those circumstances.