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. 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. 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. 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.
This stems from a 2005 case where a woman obtained a protective order against her former husband.
The husband kidnapped her three children and she reported him to the police. 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 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 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.
Refusing to follow the law is considered negligent behavior.
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. The baseline for medical professionals is called 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 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. All of the damages caused in the incident fall under the category of harm. Proving that the negligent actions caused harm by displaying evidence is just as important to a personal injury case as showing that the defendant acted negligently.
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. Remember: personal injury lawsuits can only progress if harm and negligence are both present.
Even though you cannot press charges, having someone run a red light is frustrating, and you are allowed to feel that. 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.
With personal injury cases, there can be some difficulty in proving that the intent behind the injuries was malicious. 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. 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 court will address the care that you received and it will be important that we provide evidence to substantiate your allegations against the party receiving suit.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. The initial consultation is free when you meet with us.Send us a message and we’ll get back to you regarding your inquiry.
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. 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 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.These incidents are more common than you may think. 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. 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 the legal term for the timeframe you are allotted for filing a claim for compensation. The statute of limitations for personal injury cases in Washington State is three years. Failure to comply with the statute will result in the loss of your legal rights to compensation.
Other statutes can apply to cases that might also be considered personal injury suits. Assault, for example, has 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.
Because the statute of limitations is a deadline that can cut off your legal rights, it is important to take action prior to the deadline. 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. It is imperative that you collect information about the person you intend to sue. Without identifying information for the person who caused your injuries, there is no way to sue. Lawyers want to ensure that protocol is followed in order to avoid creating loopholes for the defense attorneys.
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. As soon as you are able, you should contact a law firm and ask that they help you make progress with your situation.
Trust is the foundation of all attorney-client relationships. Your case will either settle without a trial or it will be taken to court before a judge and jury. 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.
Our client makes their own decision at the end of the day and we adhere to their wishes. The client ultimately decides whether we will sue, settle, or take a case to trial. The client resolves the discussion of how much to accept as compensation, too.
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. 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. If you are serious about compensation and settling an injustice, you should absolutely reach out to legal council as soon as possible.
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. 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. 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. A keen eye to detail is important because second chances are very few and far between when it comes to lawsuits. Once a case is closed, it can very rarely be reopened. There will not be an opportunity to make adjustments to the ruling. This is why you want to ensure your attorney has your best interests at heart: you have one chance towards receiving what you want.
According to the CDC, an estimated 37,575 deaths that occurred in 2015 were the result of car crashes. 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.
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 involve a lot of deals that allow the parties to reach a happy medium. The person who sustained injuries usually just wants to be reimbursed for the financial burden the injuries created.
Agreements are made in more timely manners if the defending party does not predict additional payments will accrue in the future. 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. 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 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. 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.
It is difficult to attach a dollar amount to your situation because harm is not constrained to expenses. In the end, both sides must try to accurately determine the amount that they would be willing to accept or pay. If an offer is made by the defendant, and accepted by the plaintiff, then the discussion is over.
Personal injury cases are unique in their own rights. Details, such as the type of injury that was caused, differ from case to case, such as the difference between broken ribs and whiplash. The treatment for broken ribs is essentially no active treatment at all. The treatment for a whiplash injury could potentially exceed $10,000.00 while the patient undergoes different types of medical intervention. Both injuries can be very limiting and painful. 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. Whiplash injuries require far more visits and types of care.
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 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. The insurance companies and attorneys working on behalf of the defendant are more willing to pay outright than to agree to pay future medical bills, due to the uncertainty they pose. 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. Medical records alone take approximately 8 weeks to arrive on our desks. 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. These things take time and expertise, often resulting in the discovery of a need for additional records. More periods of waiting are added to the timetable as we wait for these documents to arrive.
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. This package then needs to be sent to the insurance company and then time is needed for it to also review the matter. 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. This can be done via email or telephone. During this discussion, we’ll go over the incident, speak to our abilities, and collectively determine if we are the right match for you. Many cases do not require legal aid and we reassure clients in these circumstances.
Once we determine that we have the means to help you file a suit, we will reach out and offer to meet you somewhere local to your residence. We will explain what lies ahead for you in respect to your legal claim when we meet with you. If you would like to meet us at our office, you can do so, but we grant clients with the option of having us come to them to eradicate any inconveniences travel may cause. We usually seek to meet at a coffee shop close to your residence or place of employment – whatever works for our clients also works for us!
In our lives in the Issaquah, WA area, we sometimes find ourselves injured and in need of a personal injury lawyer. A reliable personal injury lawyer can help you to deal with any legal issues that arise, but finding a reliable personal injury lawyer may not always be easy.
At Wiener and Lambka in the Issaquah area, we can provide an excellent, trustworthy personal injury lawyer to Issaquah area residents. We have a long history of experience and we ensure that whoever comes to us gets personalized attention from a reliable personal injury lawyer.
Whether the issue is dealing with medical bills or insurance, our personal injury lawyer is there to help with the task. If you are in the Issaquah area, contact us for a personal injury lawyer because:
We have an excellent personal injury attorney for Issaquah area. We believe that if you need the services of a personal injury attorney, then you deserve a well-recognized and proven personal injury attorney. We assure you the services of a personal injury attorney with a proven record of winning cases.
Our personal injury attorney is well qualified to handle any of your personal injury cases in the Issaquah area. If you come to us, your personal injury attorney can help you in cases such as:
Your personal injury attorney will strive to ensure that you get what is rightfully yours. If in the Issaquah area, contact us for a personal injury attorney.
A personal injury case can be quite stressful. It is a time when you need some peace and quiet for proper recovery. But, there may still be many issues about the case yet to be resolved. This is the time for the help of a personal injury lawyer. We know the importance of having a stress-free time for recovery, and that is why our personal injury attorney in the Issaquah area wants to help. No matter which personal injury case you have, come to us for a personal injury attorney because:
In the Issaquah area, come to us for the help you deserve.
“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins"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“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 & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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“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“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“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 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“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
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