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. Not all situations where one person’s actions or inactions result in a legal claim. 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.
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.
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. Despite making several requests for the police to find her husband and the children, they took no steps to do so.
The father ultimately murdered her three children, prompting the woman to file a suit against the police for their inaction.
The Court declared her suit invalid because, under the law, a police department is not required to protect citizens upon request. 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 second question is whether or not the person who held a legal duty intentionally acted in an unreasonable manner. This question is at the heart of many 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. There are statutes governing how we are required to act when driving and they include coming to full stops at red lights.
When someone makes a mistake and fails to follow the law, they will be considered negligent.
Negligence is a difficult thing to prove in most other contexts. 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. This is described as “standard of care.” The expectation for doctors is higher than for drivers operating motor vehicles.
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. Harm is inclusive of all damages caused by the accident. In order to prove liability and claim compensation, evidence must be presented to the jury.
For example, say you are driving home and someone in an oncoming lane runs a red light, causing you to have to stop suddenly. Running a red light is blatant negligence, but if their vehicle did not crash into yours, you cannot sue them for their actions. 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. However, their actions did not amount to damages that the court would recognize as meaningful enough to warrant compensation on your end.
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.
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.
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Most personal injury attorneys do not offer a free consultation. Wiener and Lambka, PS, will not charge you for a consultation. Reach out to us and schedule your consultation 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. Multiple areas of the law come into play during personal injury cases but not all lawyers are equipped to handle that. Your case is unique, no matter how commonplace a component of it might seem. For example, you might experience a generic automobile accident where someone struck you from behind. 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. Different measures will be taken, depending on the area of law that your case involves. 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. 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.
Other statutes can apply to cases that might also be considered personal injury suits. If assault is involved, then the statute of limitations drops to two years instead of three. Consult an attorney immediately if you think that you have a case.
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. 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. We have had clients come to us without any knowledge of contact information for the driver who negligently caused a collision with them. 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.
Even though you are provided three years to open a case, we strongly encourage that you begin the process immediately. Contacting an attorney immediately when you have a personal injury matter is the most important thing you can do.
You need to be able to trust your lawyer. 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.
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.
Most personal injury attorneys will talk with you for free about your case and provide advice on how to best proceed. 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. If you are serious about compensation and settling an injustice, you should absolutely reach out to legal council as soon as possible.
When looking for an attorney, there are many different resources to help you evaluate your options and ultimately select a firm to hire. 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. Read our reviews here.
Finding an attorney that you feel you can trust is step number one. The most telling attributes of a lawyer is the way her or she interacts with people, how much experience he or she has acquired, and whether or not they uphold their client in court. 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. Every step taken in the process is important because there will be no opportunities to correct errors. With very few exceptions, there are usually no second chances with cases that appear in court. You won’t ever get a chance to come back later for another bite at the apple. This is why you want to ensure your attorney has your best interests at heart: you have one chance towards receiving what you want.
In 2015, the CDC determined that 37,757 deaths that year were caused by vehicle accidents. Vehicular accidents were said to be the fourth main cause of death. Extensive statistics on these topics can be found on the CDC’s accidental injury page.
Most settlements end in a compromise between the parties. Neither side receives exactly what they hoped for. Settlements involve a lot of deals that allow the parties to reach a happy medium. The plaintiff strives to receive enough compensation to account for their losses and acquired monetary responsibilities as a result of the injury.
Agreements are made in more timely manners if the defending party does not predict additional payments will accrue in the future. 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. 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.
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. 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.
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.
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. 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. 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. Since it is nearly impossible to gauge emotional discomfort and inconvenience, most personal injury cases look at the monetary value of the treatment and healing process. 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:
Not all personal injury cases are the same by any means, but their duration follows predictable timetables.
First, the client gets to a point where they no longer require medical care. 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.
Accordingly, we wait to pursue negotiations in cases until our clients are in a position to know the most about the future. Once a client has completed their treatment, we then obtain their medical records and put together a settlement package for the insurance company. 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. Once we receive your medical records, we then have to comb through the details and make sure nothing is missing in the documents. More often than not, we discover that pieces of the records are missing, so we must request further information. This slows down the process of filing suit.
After we have ascertained that all necessary information is present, we can proceed with the analysis portion, which takes a few weeks as well. The next step, after creating a settlement package, is to mail it to the insurance company responsible for the defendant’s reimbursement monies. After the insurance company receives the package, they are allotted some time to refute our claims and offer other options. 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.
We will not bill you for your initial consultation with us. Your consult can be by way of phone or email. 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.
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. 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!
Personal injuries may occur anywhere and anytime but they can be devastating and have quite an impact on your life. For this reason, you need proper representation by a lawyer-or more specifically-a personal injury attorney that can help you get the rightful compensation.
We, at Wiener & Lambka serve as experienced personal injury lawyers in Kent, WA. As an established personal injury lawyer in Kent, we know that no two cases are same and losses and damages occurring in these cases might be entirely different. Therefore, we provide personalized services as a personal injury lawyer to Kent residents and these include:
As your personal injury lawyer in Kent, our lawyer would not just represent you, but also fight for you to get the most suitable compensation from the insurance companies.
Being injured due to the negligent act of someone else can be very traumatic. While you are grappling with injuries on the one hand, you have to bear the mental trauma of meeting the rising medical bills. You need an experienced personal injury attorney in Kent who can support you and represent you.
We, as your personal injury attorney in Kent can handle your specific case and get you your rightful compensation for the following:
As your personal injury attorney in Kent, we ensure that you are not victimized by the insurance companies and take care that you are rightfully represented. You can rely on us for all legal proceedings as your personal injury attorney.
You need proper representation in court by a lawyer if you have been wrongfully injured. You can hire us as your lawyer in Kent if you have been injured in any of cases such as:
Our experienced lawyer in Kent has successfully represented clients and obtained verdicts and settlements in their favor. Therefore, having a specialized personal injury lawyer in Kent on your side can help you get the rightful compensation that not only covers your medical bills but also provides you relief for a few years.
If you have been wrongfully injured and are looking for a reliable personal injury attorney in Kent, call us at 1-800-680-8112. Our representatives would get in touch and provide further assistance.
“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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“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“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"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“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"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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 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“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
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