If you have sustained injuries caused by other people failing to uphold the law, you might be a candidate for monetary compensation for the offense. In order to open a personal injury case, your experience must meet specific qualifications for legal claims. There are three main questions that need to be answered in order to determine if you have a legal right to claim personal injury. The first question asks about negligence and their positioning in society. In order to file a legal claim, we must prove that the person who caused your injuries acted negligently and ignored their civic obligation to uphold the law.
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.
A court case dating back to 2005 resulted in this Supreme Court outcome.
The woman’s former partner ended up kidnapping their children, at which point she contacted police and asked for their help. Despite making several requests for the police to find her husband and the children, they took no steps to do so.
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.
The Court declared her suit invalid because, under the law, a police department is not required to protect citizens upon request. Police are legally allowed to use discretion in their decision-making along these lines.
After determining that the person held a legal duty, we must show that their actions were negligent and derelict. This question may just be the most important determination to make in personal injury cases. A common example of legal duties being breached is a car crash that is caused by an oncoming car running a red light. A major part of driving responsibly is abiding by traffic laws and stopping at red lights is incredibly important.
When someone makes a mistake and fails to follow the law, they will be considered negligent.
Outside of basic traffic safety and cautious driving, negligence can be hard to prove. A scenario where negligence is tricky to corroborate involves the health spector because you must compare the behavior of the doctor in question to all other providers in similar practices. 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 third question is whether or not the negligent actor caused the suing part harm. Everyone has an idea of what the word harm means. Harm comes in many forms, such as car repair, physical injury, monetary losses, pain, inconvenience, and deprivation of the pursuit of happiness. Damages and harm are essentially the same thing. Evidence that ties the negligent behavior to the harm the victim endured is a necessity for personal injury cases.
Say you are travelling home after a long day of work, and as you start to enter the intersection, an oncoming vehicle speeds through the junction, even though you had the right of way. Running a red light is blatant negligence, but if their vehicle did not crash into yours, you cannot sue them for their actions. Remember: personal injury lawsuits can only progress if harm and negligence are both present.
You were inconvenienced, certainly, and likely scared. Unfortunately, if the inflicted damages were not caused by negligent behavior and a failure to uphold legal duty, then the court will not deem your situation as worth receiving compensation.
In personal injury cases, the intent behind causation is highly contested. Even though causation may seem clear to the injured party, the defense attorneys will hire their own doctors who will try to cast a shadow on the causation of the injuries. They will attribute the damages to prior incidents, blame psychological factors, or belittle the severity of the injuries, suggesting that the injuries are not nearly as bad as the hurt person claims.
Defense attorneys are acting on behalf of the person you are filing suit against, so they want to find any possible way to minimize your claim so that their client does not own you any financial recompense. If you received medical attention or care of any kind, we will need to authenticate that it was on par with your injuries. 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/
Most personal injury attorneys do not offer a free consultation. Wiener and Lambka, PS, will not charge you for a consultation. Contact us via our website to start your case today.
It is our job to inform you of your rights in your personal injury case, so do not feel that you have to figure everything out by yourself. 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 personal injury case is unique to you and it should be treated as such.For example, you might experience a generic automobile accident where someone struck you from behind. These incidents are more common than you may think. While this aspect of your case may sound really simple and common, your case is still unique to you and the facts need to be analyzed and handled properly. The sooner you reach out to a personal injury lawyer, the sooner the details of your case can be reviewed and a case can be built. Depending on the details of your case, there are multiple different outcomes that could happen. Follow the link below to get an understanding of how we go about handling our cases:
It is very important to open a case and file your suit in a reasonable period of time because statute of limitations can keep you from suing if you wait too long. Washington has its statute of limitations for personal injury cases set at three years. If you do not adhere to the three-year statute, you may not be able to file your claim.
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. For example, cases involving assault are only allotted a two year statute of limitations. 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. Moreover, lawsuits can be complicated and lengthy as you work towards a resolution.
Compiling information about the person who caused you harm is a lengthy process in and of itself. We have had clients come to us without any knowledge of contact information for the driver who negligently caused a collision with them. Without basic facts, it is impossible to preserve your legal rights. Insurance companies will dispute claims until the day is done but we can avoid losing validity by gathering as much information as possible prior to the suit.
Even though you are provided three years to open a case, we strongly encourage that you begin the process immediately. For all the reasons explained and many more, the most crucial thing to do when you suspect you have a case is to reach out to an attorney who specializes in personal injury.
It is important that you find an attorney that you trust. Your case will either end in mutual agreeance or in a trial overseen by court officials. Regardless of the outcome, your attorney will be your main source of wisdom throughout the process. We tell all of our clients that it is our priority to provide them with important information and risk analysis so that they can make a good decision about their case.
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. Our clients are the voice behind the big decisions, especially in terms of how much compensation they feel is fair and just.
Many personal injury law firms offer one-on-one consultation meetings with lawyers at not cost to you. 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. We look at each detail of personal injury cases on their own, and then once we have the full story, we analyze the details against one another as well. The more important your case is to you, the more important it is that your promptly find legal advice on how to best handle it.
You should take your time in selecting a law firm because you want to find the one that works best for you. You cannot trust everything you read online, but looking at former and current client reviews is a reasonable place to begin your selection process. At Wiener & Lambka, PS, we are very proud that almost all former clients endorse us and many have taken the time to do so online. You can find these reviews here:
Finding an attorney that you feel you can trust is step number one. You should seek out a lawyer who is poised, carries his or herself well, and speaks well about everyone, despite any differences between them. The client comes first, always, so make sure you lawyer acts in accordance with their fiduciary duty.
Having an attorney who is as passionate about your situation as you are is key. A keen eye to detail is important because second chances are very few and far between when it comes to lawsuits. Once a settlement is reached, that is the end of discussion. You won’t ever get a chance to come back later for another bite at the apple. Your lawyer is your advocate in a lawsuit and if you do not have faith in their abilities then you should definitely seek guidance from someone else.
In 2015, the CDC determined that 37,757 deaths that year were caused by vehicle accidents. After heart disease, cancer, and respiratory illnesses, car accidents were the fourth main incidents that resulted in death. The CDC released a more exhaustive explanation of their estimates on their page devoted to accidental injuries.
Many personal injury cases do not require a trial, seeing as they end in a civil agreement. Neither side receives exactly what they hoped for. Settlements, on both sides, are a product of risk reduction. The person who sustained injuries usually just wants to be reimbursed for the financial burden the injuries created.
Settlements are easier if the injured individual has healed from their wounds. There is less stability in situations where medical care is still being received. Insurance companies don’t like to provide money for the hypothetical future. It is an uncomfortable investment into a vast number of medical bills and expenses. 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.
Insurance companies will typically only offer smaller amounts of money early on in negotiations. If you accept lower rates of compensation, they’ll be glad to not have to reimburse you in full. 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.
All personal injury cases are different to some extent. Someone who breaks a rib is as much a personal injury victim as someone who experiences whiplash. The treatment for broken ribs is essentially no active treatment at all. On the other hand, whiplash is a very costly injury to heal from, due to the medical treatment it requires. This is not to say that one injury is more painful or debilitating than the other. Perspective is everything, meaning that one injury that sounds more severe may not be worse than the other. A broken rib calls for less medical attention and follow-ups than whiplash. Compensation is based more so on bills that resulted from injuries than it does any other factor. A situation where someone suffered whiplash tends to receive higher rates of compensation than someone with a broken rib.
Damages in personal injury cases range in severity and form, including:
Every case is unique but most cases follow a similar time table.
We find it preferable to wait to sue the responsible party until after the client has recovered from the inflicted injuries. When injuries are fresh and painful, it can be difficult for our client to think clearly during settlement. Ongoing injuries also pose a risk when we go against insurance companies because they will be less inclined to settle if you require future care. 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.
Accordingly, we wait to pursue negotiations in cases until our clients are in a position to know the most about the future. Our settlement packages are based off of the treatment our client had to seek in order to heal their injuries. Personal injury cases are long processes, with medical records alone having a lull period of two months, minimum. We understand that medical providers are busy professionals and as a result we expect to wait a while before obtaining your records and bills. Receiving them is not the end of the process, however, because we then need to analyze them and make sure the files are complete. Often, we find that not all records or bills are included in the official paperwork, so we have to submit another request for the missing documents. This slows down the process of filing suit.
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. After the insurance company receives the package, they are allotted some time to refute our claims and offer other options. However, not all insurance companies respond to us quickly, sometimes taking upwards of a few months to reply. The hope is that we can reach an agreement with the insurance company, but if we cannot do so, then a lawsuit begins.
Your initial meeting with Wiener & Lambka, PS, is free of charge. We can conduct the initial meeting over the phone or through emails. During this discussion, we’ll go over the incident, speak to our abilities, and collectively determine if we are the right match for you. We want nothing but success for you as the injured party, and if we feel that we cannot help you achieve that, we will refer you to someone who is better suited.
If we agree that legal representation is something that will benefit you, then we will come to you for an in-person meeting to talk in more detail about your case. That way, you are fully informed about your case and what representation entails. 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 are willing to meet you wherever is most convenient for you, so just let us know what you would prefer, and we will comply!
Personal injury not only causes serious physical injury, but it may also leave agonizing mental suffering. If you have been a victim of an accident caused by the negligence of someone else, you need a lawyer or a personal injury attorney who can help you out. We, at Wiener & Lambka can help through our personal injury lawyer in Covington, WA.
You can tell how you have been hurt and our personal injury lawyer in Covington will handle the rest. If you are unsure of whether your case makes a suitable one for compensation, consult our lawyer. Our personal injury lawyer in Covington can assist you with cases where injuries occurred due to any of the following reasons such as:
Proper representation in the court of law is essential to get the desired compensation. Therefore, you must choose your personal injury attorney in Covington carefully.
There are going to be several law firms in the city claiming to provide the best services. However, you must research and find the best personal injury attorney in Covington that specializes in personal injury cases. With us as your personal injury attorneys in Covington, you can file a lawsuit against the guilty party and claim to get fair compensation.
As your personal injury attorney in Covington, we are specialized in handling injury cases and can represent you in the court of law saving you:
Often the guilty are able to walk free as the victims do not file a case fearing the legalities involved in such cases. However, we as reliable lawyers provide genuine advice and consultation to our clients.
Insurance companies do not want to pay any compensation to victims, and therefore it requires a competent lawyer in Covington to get you the rightful compensation. We, as your personal injury lawyers in Covington fight for your case, irrespective of its complexity. You can choose us as your lawyer in Covington for the following reasons:
There is no way of undoing the event that has left you or your family member injured. However, we can provide some solace by bringing the guilty party to justice.
So, if you are looking for a reliable personal injury lawyer in Covington, give us a call at 1-800-680-8112.
"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"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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“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“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“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“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“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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 get the job done. I appreciated their concern and interest in my case, and would definitely recommend them to a friend.” - Y. Martin“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“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
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