If you are someone who has been on the receiving end of another person’s inability to follow safety laws, there is a chance that you are capable of receiving compensation for the harm that they caused. In order to open a personal injury case, your experience must meet specific qualifications for legal claims. The answers you provide to three questions will decipher whether or not are able to make a personal injury claim. First of all, you will need to figure out if the other party intentionally caused you harm and breached their legal duty. This means that the person had to have acted in a negligent manner, but in the context of having a legal duty.
If both qualities do not apply to your situation, then compensation is harder to fight for because you cannot state that your legal claim is valid. For example, the United States Supreme Court has ruled that you cannot sue the police department if they fail to protect you even under circumstances that would reasonably be called negligent failure to act.
The ruling resulted from a case in 2005 in which a woman filed for a restraining order against her ex-husband.
After her children went missing, the woman figured out that he had taken their children and she reported the kidnapping to the police. The woman called upon the help of her local police officers but they never opened an investigation regarding the missing children.
The woman never saw her children again because their father killed them, and in her fight for justice, she sued the police for not taking action or opening a case on the matter.
According to federal law, the police can decline to intervene in situations where citizens call upon their services, negating the suit she filed against the department. Police are given the space to implement discretion with the complaints they receive and therefore they do not have to respond to every claim that is brought to their attention.
The second question is whether or not the person who held a legal duty intentionally acted in an unreasonable manner. This question may just be the most important determination to make in personal injury cases. A situation that denotes a breach of legal duties is when a car runs a red light and crashes into a fellow driver as a result. Driving laws are there to protect people on the road and one of the most important rules is that drivers come to full stops when the traffic lights turn red.
Refusing to follow the law is considered negligent behavior.
Outside of basic traffic safety and cautious driving, negligence can be hard to prove. For example, in order to find a doctor negligent, a jury must determine whether or not the doctor acted in a manner that was below the expectations of a doctor in that specialty, acting under the same circumstances. Doctors are expected to act professionally, upholding what is referred to as the “standard of care.” The standard that doctors are held to is more complicated and detailed than the expectations for drivers, which is pretty straightforward.
The last question to address is whether or not the injuries were a direct result of negligent behavior. Harm is a communal term that everyone can understand. Harm is an overarching term that includes lacerations, physical injuries, automobile damage, monetary burdens, and life setbacks, to name a few. Damages and harm are essentially the same thing. In order to prove liability and claim compensation, evidence must be presented to the jury.
Imagine yourself driving on the road when all of a sudden a car traveling in the opposite direction runs a red light, forcing you to stop immediately to prevent a collision. Running a red light is blatant negligence, but if their vehicle did not crash into yours, you cannot sue them for their actions. This is because harm did not ensue from their negligent actions.
This is not to say that you were not emotionally drained or frightened by their actions. According to the law, the only way to claim personal injury and seek monetary reimbursement for the damage is if the person in question acted negligently while holding legal duty.
In personal injury cases, the intent behind causation is highly contested. The defense attorneys will challenge your claim that their client acted negligently and subsequently caused your injuries. Their opposition may include anything under the sun, like suggestions that your injuries were from prior circumstances or hints that your injuries are not as severe as you claim them to be.
They act in this way because they want to discredit your claims for compensation. The law requires that the party bringing suit, referred to as the plaintiff, proves that the care they received was “reasonable and necessary” as a direct result of the incident. Defense attorneys might call upon doctors to testify against your claims that the care you received was necessary.
Learn More: https://www.wienerandlambka.com/areas-practice/
Many personal injury law firms will charge a small fee to meet with you and discuss your situation. The initial consultation is free when you meet with us.Contact us via our website to start your case today.
You should not be expected to understand everything that personal injury cases require overnight. There is a lot of information involved, pertaining to subjects like insurance, the legal system, and medical care. Everyone involved is subject to different areas of the law and not all personal injury firms are familiar with the statutes in those areas. Your case is unique, no matter how commonplace a component of it might seem. Your personal injuries may stem from a very common situation where the car behind you fails to stop and runs into your bumper. Occurrences like this are widespread.The widespread nature of your incident does not mean the case should be brushed off as common or predictable.The earlier you contact an attorney, the earlier you can learn how to properly handle your case. Different measures will be taken, depending on the area of law that your case involves. Follow the link below to get an understanding of how we go about handling our cases:
A statute of limitations is the legal term for the timeframe you are allotted for filing a claim for compensation. Washington has its statute of limitations for personal injury cases set at three years. Attempting to seek reimbursement for the harm caused to you more than three years after the incident will restrict your ability to claim compensation.
State regulations tied to other types of incidents may confound your actual timeframe, so you’ll want to make sure your case is considered a personal injury case. If assault is involved, then the statute of limitations drops to two years instead of three. Reach out to a trusted lawyer as soon as you believe you have a case.
It is vital that you adhere to the legal limitations of your case because if you try to open your case after the expiration date, it will be to no avail. Lawsuits are not expeditious in nature and waiting too long to begin may cause the case to continue past the three-year mark.
A lot of time is exerted toward identifying the person to file suit against, reaching out to them, and informing them that you intend to sue. Sometimes, people will reach out to an attorney but not have any clue as to who inflicted the damages. If you do not know who injured you, your attorney cannot file a lawsuit on your behalf. Lawyers want to ensure that protocol is followed in order to avoid creating loopholes for the defense attorneys.
Even though you are provided three years to open a case, we strongly encourage that you begin the process immediately. As soon as you are able, you should contact a law firm and ask that they help you make progress with your situation.
You need to be able to trust your lawyer. Your case will either settle without a trial or it will be taken to court before a judge and jury. Regardless of the outcome, your attorney will be your main source of wisdom throughout the process. All of our clients are intentionally informed of our risk analysis tips so that they can make well-informed decisions on difficult matters.
Our client makes their own decision at the end of the day and we adhere to their wishes. Whether we accept the settlement or we call upon the court for guidance is up to our client. The client gets to decide how much money they are willing to settle for as well.
It is not unheard of for most personal injury attorneys to provide an initial meeting for free. We do the same, and in all honesty, there is no advantage in charging people to discuss their situation with us because most people would not benefit from legal guidance. All details of a case are equally as important and we take time to review them. The sooner you address your situation, the more beneficial your outcome will be for you.
Selecting a law firm to hire onto your case is imperative to success with your case. While not all ratings are equal, looking at all of the different pieces of information is still valuable. We take a lot of pride in the fact that most, if not all, of our clients endorse us and our services. You can explore reviews our clients have written about us here.
As stated earlier, it is absolutely essential that you can trust your lawyer. You should seek out a lawyer who is poised, carries his or herself well, and speaks well about everyone, despite any differences between them. Lawyers can offer their guidance and sagacity to their clients, but ultimately, they must uphold the wishes of their client, even if they conflict with their own.
If you have an attorney who doesn’t promptly respond to your communications or acts with indifference to your case, you should probably find someone with whom you can work better. At the end of your case there will only be one settlement or award. With very few exceptions, there are usually no second chances with cases that appear in court. Once the judge rules that your settlement is final, there is no room for alteration. If your attorney isn’t clearly doing a good job by being responsive to your questions and concerns, you should consider seeking out counsel that will value your lawsuit.
The Centers for Disease Control made public their data from 2015, demonstrating that motor vehicle accidents were responsible for a total of 37,757 deaths that year. After heart disease, cancer, and respiratory illnesses, car accidents were the fourth main incidents that resulted in death. You can read more about the CDC’s findings on their website.
Most times, the defendant and the plaintiff come to some sort of compromise. This means that seldom does either side get exactly what they want when settling their case. It is more important to lessen the risk of harmful losses than it is to receive all that you want from the settlement. The person who sustained injuries usually just wants to be reimbursed for the financial burden the injuries created.
If injuries have healed and are a thing of the past, then it is easier for the injured party to reach a settlement. If, on the other hand, injuries are ongoing, then it is much more difficult because money must be paid that represents this person’s now uncertain medical future. Not being given a numerical amount that is set in stone makes them worry that they will owe much more than they are agreeing to compensate. There is too much certainty circulating when ongoing care is involved. It is fought against even more fervently when they also believe that they injuries should have already healed, or that the plaintiff somehow prevented the healing process.
The longer we wait to accept a settlement, the more money you can receive. They want to see if the injured party will accept the smaller amount before forcing them to offer larger sums of compensation. Insurance companies will wait until they absolutely have to pay the full amount of compensation, which is a subjective determination on some level regarding the evaluation of a case’s value.
Compensation is typically based on bills that you had to pay as a result of your injuries, but this is not always a reflection of how much you are owed, since harm includes aspects that are priceless. In the end, both sides must try to accurately determine the amount that they would be willing to accept or pay. Settlements are final, so before you agree to an offer of compensation, make sure it is what you want and that you are comfortable with the amount being offered.
Personal injury cases are unique in their own rights. Someone who breaks a rib will likely have lower medical bills than someone who has suffered a whiplash injury. Treatment for broken ribs is a combination of taking it easy and resting your body. The treatment for a whiplash injury could potentially exceed $10,000.00 while the patient undergoes different types of medical intervention. Regardless of the treatment extremes, whiplash and broken ribs are both hard to live with and heal. Since everyone is different, someone who endured whiplash may not feel as much pain as another person whose ribs were broken. However, a broken rib might require an ER visit and one or two X-rays to be taken. Compensation is based more so on bills that resulted from injuries than it does any other factor. Whiplash injuries require far more visits and types of care.
Other potential forms of damages in a personal injury case include:
Not all personal injury cases are the same by any means, but their duration follows predictable timetables.
We prefer not to open a case until the injured party is healed. We believe that our clients are in the best mindset when their injuries have been cared for and resolved. Until an injured party physically recovers, they are not in a good position to resolve their claim because the future is still too unknown. Once a case has been settled, it cannot be reopened and you cannot try the defendant for the same liabilities, so we strive for the best possible outcome every time.
We put a pause on drafting the negotiations until the client no longer requires future medical attention. Our settlement packages are based off of the treatment our client had to seek in order to heal their injuries. Medical records alone take approximately 8 weeks to arrive on our desks. While many providers respond promptly to requests for records and bills, there is almost always a provider who does not. Moreover, the records have to be reviewed in order to ascertain whether or not they are complete. More often than not, we discover that pieces of the records are missing, so we must request further information. Having to wait longer for content we initially requested adds time to the already lengthy waiting period.
When we have acquired all necessary information about your medical history since the date of the incident, we begin the review process and spend a few weeks acquainting ourselves with the information. After compiling a settlement package, we send it to the defendant’s insurance provider for review. Once all of this is done, some negotiations can be completed within a week. However, not all insurance companies respond to us quickly, sometimes taking upwards of a few months to reply. The only reason we would have to file a lawsuit is if we are unable to mutually agree to some sort of settlement on our own.
At Wiener & Lambka, PS, we provide a free consultation to potential clients. We can conduct the initial meeting over the phone or through emails. Either way, we’re happy to take some time and talk with you about whether or not your case warrants our legal insight and help. We are honest in our approach and we will truthfully tell you if we do not think we can help you to the greatest extent.
If we feel that we are suited to help you and that your case requires legal aid, we will travel to a location near you to discuss the details of your situation. We will explain what lies ahead for you in respect to your legal claim when we meet with you. We can surely meet with you at our office, but with respect to our practice and the nature of personal injury clients, we are more than happy to come to you in order to avoid exacerbating injuries on your end. We often meet our clients at local coffee shops, libraries, or meeting spaces, but the ultimate location is up to you!
If you have been seriously injured in an accident due to the fault or negligence of someone else, you need an aggressive and experienced personal injury attorney that can effectively manage your case while you recover.
We, at Wiener & Lambka can help through our personal injury lawyer in Auburn, WA. You can let us know how you have been hurt, and our personal injury lawyer in Auburn would handle the rest. As your personal injury lawyer in Auburn, we handle personal injury cases such as:
There may be other serious problems that you might be afflicted with besides the above mentioned injuries. As your personal injury lawyer in Auburn, we would provide you the required assistance and get you the rightful compensation.
It is not easy to prove the negligence or guilt of someone else. Therefore, you need a specialized personal injury attorney in Auburn who can handle your case easily. As your personal injury attorney in Auburn, we would help you file a suit for injury in the following cases:
As your personal injury attorney in Auburn, we would do the needed work and represent you in court if out-of-court settlement fails. As a lawyer, we know that insurance companies never want to pay a heavy compensation to the accident victims.
You need the support of a personal injury attorney to fight your case while you are recuperating from your injuries.
There are various cases that come under the purview of ‘personal injury.’ Often victims are not aware of their rights with regard to personal injury. Therefore, they need the help of a competent personal injury lawyer in Auburn who can guide them and give them the required legal consultation. As a lawyer in Auburn, we provide the following services:
Therefore, we can be your lawyer in Auburn and get you the rightful compensation. As your lawyer, we use all our resources to get you proper legal consultation. You can rely on us as your lawyer for all legal proceedings.
If you have been injured due to the negligence of others, you can file a suit against them. Call us at 1-800-680-8112 for a reliable personal injury attorney in Auburn.
“Wiener and Lambka did a good job of keeping me up to date on my case, and I’d definitely suggest their services to someone looking for an attorney.” - L. Lafond“Wiener & Lambka helped me through the process, always discussing all of the available options. In particular, I was happy about the ease with which I was able to access my attorneys.”- B. Froton"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“A job well done! The staff at Wiener and Lambka made a point of explaining everything to me and if necessary I’d work with them again in a heartbeat.” - O. Yusuf“Everyone was great. The staff at Wiener and Lambka make a good thing out of a bad situation, and for that, I am very thankful.” - D. Grami“The Staff at Wiener and Lambka are friendly and understand customer needs. They reduced their fee on my case and didn’t even take any on my son’s.” - M. Ngo“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“Calls were returned in a timely manner, and the office staff is friendly. I’d recommend Wiener and Lambka to a friend in the future.” - T. Their"It was a stress free experience. I particularly enjoyed when, on my initial call, they sent someone out to my house to speak with me in person. I would certainly use or recommend Wiener & Lambka in the future." - M. Randall“In my moment of Crisis Wiener & Lambka lent me a helping hand. Their dedication to my case was outstanding. They stuck by my side and fought for my rights. Thank you!” - K. Tuazon“The service and the staff were great. I was happy with everything, and would refer Wiener and Lambka to someone else in the future.” - I. Aleman“Wiener & Lambka get the job done. I appreciated their concern and interest in my case, and would definitely recommend them to a friend.” - Y. Martin“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“I was satisfied by the timely manner with which my case was handled. I would definitely recommend Wiener & Lambka to a friend in the future.” - D. Yusuf
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