If you have been injured as a result of someone else’s failure to exercise reasonable care, then you may have the legal right to claim compensation for your injuries. Certain requirements must be met in order to assert that the situation warrants a legal claim. The answers you provide to three questions will decipher whether or not are able to make a personal injury claim. First, did the person who caused the injury breach a legal duty to you? This means that the person had to have acted in a negligent manner, but in the context of having a legal duty.
Only those who have a legal duty are able to be sought after in response to injuries they caused you. The police department is a prime example of individuals who may cause you harm but cannot be sued, due to a Supreme Court ruling that permits police officers to decide whether or not they address a complaint.
A court case dating back to 2005 resulted in this Supreme Court outcome.
The husband kidnapped her three children and she reported him to the police. Even though she reached out to the police department, they were unresponsive and no progress was made in the search for her children.
After the husband killed all three children, the mother sued the police department for their failure to take action.
Federal law mandates that all police officers be protected against civil suits because they are legally allowed to refuse to investigate. 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.
After determining that the person held a legal duty, we must show that their actions were negligent and derelict. This question is at the heart of many 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. A major part of driving responsibly is abiding by traffic laws and stopping at red lights is incredibly important.
Refusing to follow the law is considered negligent behavior.
Outside of basic traffic safety and cautious driving, negligence can be hard to prove. If you wanted to declare a doctor as negligent, for example, you would need to look at his or her behavior and determine if it is below the standards set forth for his or her profession. This is described as “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. Everyone has an idea of what the word harm means. The injuries go beyond physical wounds; harm also refers to financial burdens, destruction of vehicular property, and all other inconveniences. Harm is inclusive of all damages caused by the accident. Evidence that ties the negligent behavior to the harm the victim endured is a necessity for personal injury cases.
For example, say you are driving home and someone in an oncoming lane runs a red light, causing you to have to stop suddenly. The behavior is negligent on their end, but if they do not cause a car crash, you do not have the grounds to file a lawsuit. 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. Your injuries may be evident to you, but the defense attorneys will find any reason to oppose your statement and deter the blame away from their client. 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. 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.
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Most personal injury attorneys do not offer a free consultation. We do not charge for your initial consult. 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. Personal injury cases are very complex, involving multiple institutions such as your insurance provider, medical professionals who cared for you, and the court system. Many personal injury attorneys don’t fully understand each of these areas of law themselves. Your personal injury case is unique to you and it should be treated as such.Suppose you were stopped at a traffic light and the car behind you did not break properly, thereby rolling into your vehicle and smashing your back end.Those happen all the time. The widespread nature of your incident does not mean the case should be brushed off as common or predictable.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. Once we know more about the details of your situation, we will handle your case in the manner we deem most fitting. You can read our advice about a variety of different legal situations here:
A statute of limitations is a date by which you must either resolve, or properly file and serve, your lawsuit against the negligent party. The statute of limitations for personal injury cases in Washington State is 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.
Other statutes can apply to cases that might also be considered personal injury suits. 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. It is especially important to begin the steps of a lawsuit earlier on because the duration of lawsuits can stretch for years.
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. Without identifying information for the person who caused your injuries, there is no way to sue. 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.
Three years is a long time to file a personal injury claim, but the sooner you open a case, the better your outcome ends up being. 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.
Trust is the foundation of all attorney-client relationships. There are two possible outcomes of your personal injury case: either you go to court or you settle the matter without the court system intervening. Regardless of the outcome, your attorney will be your main source of wisdom throughout the process. We provide guidance to our clients but their preferences determine our actions.
The final decision is not ours to make, but rather, our client has full control over accepting or denying proposed solutions. Our client gets to determine whether we accept a settlement package or we seek further compensation in the courtroom. The client gets to decide how much money they are willing to settle for as well.
Many personal injury law firms offer one-on-one consultation meetings with lawyers at not cost to you. In many cases, we tell potential clients that they should proceed on their own. Each case is unique and presents issues that must be individually analyzed and then re-analyzed as each part relates to the whole of the case. 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. You cannot trust everything you read online, but looking at former and current client reviews is a reasonable place to begin your selection process. We take a lot of pride in the fact that most, if not all, of our clients endorse us and our services. You can find these reviews here:
The most important thing to consider when hiring an attorney is that you trust them. 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.
You will want to implore the aid of legal council with as much interest in your case as you have, because it shows they are committed and they care about the result. Every step taken in the process is important because there will be no opportunities to correct errors. 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.
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 settlements end in a compromise between the parties. This means that seldom does either side get exactly what they want when settling their case. 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.
If injuries have healed and are a thing of the past, then it is easier for the injured party to reach a settlement. When injuries are still being treated by medical personnel, it may spark a sense of discomfort in the minds of the defending party. 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. Unfinished medical treatment means more payments will be made along the way and that is a stress inducer. If you are still injured at the time of the suit, it creates a vulnerable space for them to make claims about your healing process.
Insurance providers do not offer lump sums right away, but rather, they’ll start out with small amounts. They want to see how little they can offer. Once this stage passes, insurance companies will often make offers where they part with money now in order to eliminate the possibility of paying more later.
It is difficult to attach a dollar amount to your situation because harm is not constrained to expenses. Such is an instance where compromises are necessary in order to reach a settlement. 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 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. Regardless of the treatment extremes, whiplash and broken ribs are both hard to live with and heal. 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. The main point is the medical value tends to determine the amount of compensation you receive. Each case will have a different value depending upon the effects of the injury on each person’s life.
Damages in personal injury cases range in severity and form, including:
As we mentioned before, all personal injury cases are unique in their own ways, but they tend to follow similar patterns in terms of their duration.
We find it preferable to wait to sue the responsible party until after the client has recovered from the inflicted injuries. We believe that our clients are in the best mindset when their injuries have been cared for and resolved. 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 settlement is reached, the decisions are permanent, so we want to make sure we accomplish what we set out to achieve the first time around, because there are no second chances.
Since defense attorneys, defendants, and their insurance companies are more readily willing to comply when the future is not unknown, we wait to proceed with negotiations until injuries are stable. After the healing process has transpired, we collect the medical records of our client and base our settlement package upon the injuries and the care they received. 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. More often than not, we discover that pieces of the records are missing, so we must request further information. More periods of waiting are added to the timetable as we wait for these documents to arrive.
Once all records are obtained, it typically takes a few weeks for a case to be thoroughly reviewed and for a demand package to be consolidated. 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. If resolution cannot occur between parties with ease, then a lawsuit will be filed, which is also a slow-moving process.
We will not bill you for your initial consultation with us. Your consult can be by way of phone or email. 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 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. At that point, we will discuss the legal circumstances and requirements for your case. While you are more than welcome to travel to our offices, we believe that injured persons have enough to worry about without also finding their way to their attorney. 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!
Accidents usually occur without any warning, but they leave an indelible mark on your life. If you have been seriously injured by the negligence of someone else and you are looking for a lawyer or a specialized personal injury attorney, we can help. We, at Wiener & Lambka can serve as your personal injury lawyer in Everett, WA.
With us as your personal injury lawyers in Everett, you can claim compensation for the following:
Since each case is unique, we, as your personal injury lawyers in Everett give personalized attention to all cases. As your lawyers, we collect all the information, documents, reports and other papers and file a lawsuit on your behalf.
It is not an easy task for a simple lawyer to prove the party at fault. You need the expertise and experience of a personal injury attorney in Everett who can represent you properly.
Since insurance companies cannot be easily handled by the victims, they need the services of a reliable personal injury attorney in Everett. As your personal injury attorney in Everett, we can help you get fair compensation for the following:
As your personal injury attorney in Everett, we make every effort to get a favorable verdict.
There is no denying the fact that money cannot get you back your normal life. However, it can bring some solace. Therefore, as your personal injury lawyer in Everett, we get you fair compensation so that you can take good care of yourself.
To be able to calculate the viable amount as compensation, we as your personal injury lawyers in Everett, enlist the help of the following:
With active research, and the help of the mentioned experts, we, as your lawyers in Everett are able to represent you properly and get the rightful compensation. As your lawyers, our objective is to satisfy our clients so that they can get value for their money.
If you or your loved one has been injured by the negligence of someone else and you are seeking the help of an experienced personal injury attorney in Everett, call us at 1-800-680-8112.
“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“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"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“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 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“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 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"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“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 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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas
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