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 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.
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.
This stems from a 2005 case where a woman obtained a protective order against her former husband.
The woman’s former partner ended up kidnapping their children, at which point she contacted police and asked for their help. The woman called upon the help of her local police officers but they never opened an investigation regarding the missing children.
The father ultimately murdered her three children, prompting the woman to file a suit against the police for their inaction.
Federal law mandates that all police officers be protected against civil suits because they are legally allowed to refuse to investigate. Though their behavior may be considered negligent, the police are protected by laws that allow them to use caution when their help is implored.
The next question looks to understand if the individual who holds the legal duty caused injuries as a result of their carelessness. This question is at the heart of many personal injury cases. A clear example of a breach of a duty is when a driver fails to stop at a red light and subsequently causes a collision with another car. 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. 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.” This is a much more subjective standard, subjected to far more debate than someone who fails to drive their car in consistency with traffic laws.
The third and final question to answer asks if the negligent behavior directly caused the injuries. 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. 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. 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. Even though the other driver was clearly negligent, there was no harm involved.
This is not to say that you were not emotionally drained or frightened by their actions. 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. 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.
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. Your claims may be refuted by a doctor of the defendant’s choosing, who may try to shed poor light on you and your statements.
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. Wiener and Lambka, PS, will not charge you for a consultation. Contact us via our website to start your case today.
You should not be expected to understand everything that personal injury cases require overnight. Many factors, like insurance aid and medical attention, come into play with personal injury cases. 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 may share similarities with other personal injury situations, but personal injury cases are never the same. Your personal injuries may stem from a very common situation where the car behind you fails to stop and runs into your bumper. These incidents are more common than you may think. You are not the only person who has ever been rear ended by another vehicle, but your case is still unique in its own rights. 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. To learn more about our approach, take a look at the types of legal situations we handle:
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.
If other statutes of limitations affect your case, the time limit may be drastically reduced. For example, cases involving assault are only allotted a two year statute of limitations. Even if you are not positive that you have a case, immediately get in touch with a lawyer who practices law pertaining to your situation.
The statute of limitations determines whether or not your claim is valid and timely, so pay close attention to this limitation. 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. It is imperative that you collect information about the person you intend to sue. Without basic facts, it is impossible to preserve your legal rights. 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. 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. No matter what results from the case, you will need to place your trust in the hands of your attorney. All of our clients are intentionally informed of our risk analysis tips so that they can make well-informed decisions on difficult matters.
The final decision is not ours to make, but rather, our client has full control over accepting or denying proposed solutions. 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.
Most personal injury attorneys will talk with you for free about your case and provide advice on how to best proceed. 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. 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. While not all ratings are equal, looking at all of the different pieces of information is still valuable. Being referred by clients to other people seeking legal help is always touching and we appreciate the fact that our client base respects our work enough to positively speak about us to the public. 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. 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.
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. 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. There will not be an opportunity to make adjustments to the ruling. 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. Accidents in general were the fourth leading cause of death after heart disease, cancer, and respiratory diseases. Extensive statistics on these topics can be found on the CDC’s accidental injury page.
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. It is more important to lessen the risk of harmful losses than it is to receive all that you want from the settlement. The plaintiff strives to receive enough compensation to account for their losses and acquired monetary responsibilities as a result of the injury.
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 providers do not appreciate the uneasiness of ongoing expenses. 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.
Insurance companies will typically only offer smaller amounts of money early on in negotiations. They want to see if the injured party will accept the smaller amount before forcing them to offer larger sums of compensation. Once they pass the phase of offering low rates of reimbursement, they will offer larger amounts because they want to pay upfront rather than stretch the money that is due over a lengthy period of time.
Value is often very hard to determine because each case is unique. This is where compromise comes into play. Once an offer is made and accepted, the opportunity of getting more, or of the other side doing better, is eradicated.
All cases are unique. 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. 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. Whiplash injuries require far more visits and types of care.
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. 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.
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. 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. Moreover, the records have to be reviewed in order to ascertain whether or not they are complete. These things take time and expertise, often resulting in the discovery of a need for additional records. Having to wait longer for content we initially requested adds time to the already lengthy waiting period.
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. It is important to remember that they can take upwards of weeks or even months. 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. 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 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. 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!
In case you have suffered wrongfully due to the negligence of someone else and you are looking for a personal injury attorney, we can help. We, at Wiener & Lambka serve as the personal injury lawyers in Fife, WA. As your personal injury lawyer in Fife, we can help you file a lawsuit and get you fair compensation.
From our experience as a personal injury lawyer in Fife, we know that there can be several types of accidents such as:
With us as your personal injury attorneys, you can hold the guilty person responsible for his or her deeds. As your lawyer, we would help you get the rightful claims against the damages and injuries that you have sustained.
Normal accident cases are different from those caused due to the negligence of someone else. Therefore, in case of the latter, you need a competent personal injury attorney in Fife who can help you file a case. Only a specialized personal injury attorney in Fife would be able to provide you the rightful representation.
We can be your personal injury attorney in Fife and provide you personalized services. As your lawyer, we would help you get compensation for the following:
As your personal injury attorneys in Fife, we strive to provide you a compassionate and competent legal representation. Therefore, we handle each case personally, always being in touch with our clients.
If an out-of-court settlement offered by the opposing counsel is not adequate, you can file a case of personal injury through your lawyer in Fife. When you are looking for a personal injury lawyer in Fife, ensure that the lawyer has ample knowledge, experience, skill and the work ethic to handle such a case.
If you choose us as your lawyers in Fife, we enlist the help of the following experts to file a strong case:
As established lawyers in Fife, we are well versed with the state laws and handle all legal matters while you recuperate.
If you or your loved one has been seriously injured by someone else and you are contemplating help from an experienced personal injury lawyer in Fife, call us at 1-800-680-8112.
“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“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“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“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“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“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“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“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"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
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