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. 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. First of all, you will need to figure out if the other party intentionally caused you harm and breached their legal duty. 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. Even police officers might not be held liable for compensation for your injuries, in accordance with a Supreme Court decision to disallow suits to be filed against police officers for negligent behavior.
A court case dating back to 2005 resulted in this Supreme Court outcome.
After her children went missing, the woman figured out that he had taken their children and she reported the kidnapping to the police. The woman called upon the help of her local police officers but they never opened an investigation regarding the missing children.
After the husband killed all three children, the mother sued the police department for their failure to take action.
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.
The next question looks to understand if the individual who holds the legal duty caused injuries as a result of their carelessness. This question may just be the most important determination to make in 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. Driving laws are there to protect people on the road and one of the most important rules is that drivers come to full stops when the traffic lights turn red.
When someone makes a mistake and fails to follow the law, they will be considered negligent.
In many situations, there is a fine line between negligence and dutiful behavior, which makes it difficult to prove negligence transpired. 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 expectation for doctors is higher than for drivers operating motor vehicles.
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 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. 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. Remember: personal injury lawsuits can only progress if harm and negligence are both present.
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.
With personal injury cases, there can be some difficulty in proving that the intent behind the injuries was malicious. The defense attorneys will challenge your claim that their client acted negligently and subsequently caused your 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.
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. These factors are subjective, meaning that the defendant can very easily call upon in a doctor of their choosing to argue that the care someone received is not reasonable care or is not directly related to the incident itself.
Learn More: https://www.wienerandlambka.com/areas-practice/
Most personal injury attorneys do not offer a free consultation. The initial consultation is free when you meet with us.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. 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. Those happen all the time. 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. Once we know more about the details of your situation, we will handle your case in the manner we deem most fitting. Follow the link below to get an understanding of how we go about handling our cases:
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. 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. 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.
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. 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.
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.
You need to be able to trust your lawyer. 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. 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. The reasoning behind holding a no-cost consult is that most people do not need the help of legal professionals in order to claim compensation. 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. 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:
The most important thing to consider when hiring an attorney is that you trust them. 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. The attorney-client relationship is one wherein the attorney has a fiduciary duty to his client, meaning that the attorney must put the client’s interest above their own.
Having an attorney who is as passionate about your situation as you are is key. Every step taken in the process is important because there will be no opportunities to correct errors. Once a case is closed, it can very rarely be reopened. 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.
According to the CDC, an estimated 37,575 deaths that occurred in 2015 were the result of car crashes. 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. 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.
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. Insurance providers do not appreciate the uneasiness of ongoing expenses. There is too much certainty circulating when ongoing care is involved. The defending party might try to claim that you intentionally impeded your recovery.
Insurance providers do not offer lump sums right away, but rather, they’ll start out with small amounts. If you accept lower rates of compensation, they’ll be glad to not have to reimburse you in full. 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.
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. 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. 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. 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. Since a broken rib requires fewer hospital visits and doctor appointments, the compensation will be less for that patient than for the person with whiplash. Compensation is based more so on bills that resulted from injuries than it does any other factor. 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 prefer not to open a case until the injured party is healed. Ideally, if a client can completely resolve their injuries, then that places them in a prime position for 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. 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. 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. 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. The next step, after creating a settlement package, is to mail it to the insurance company responsible for the defendant’s reimbursement monies. 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.
We will not bill you for your initial consultation with us. This can be done via email or telephone. No matter what, we would love to talk to you about the specificities of your situation and inform you about your options. 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.
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. 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 often meet our clients at local coffee shops, libraries, or meeting spaces, but the ultimate location is up to you!
Getting injured in an accident can have a devastating effect on your life. If you have been wrongfully injured due to the fault of someone else, you need proper representation by a personal injury attorney. We, at Wiener & Lambka offer high quality services as personal injury lawyers in Lakewood, WA.
As experienced personal injury lawyers in Lakewood, we offer exquisite services to our clients working in the best of their interests. Our services as an established personal injury lawyer in Lakewood include the following:
You must understand that without a capable personal injury attorney by your side, you would not be able to put up a strong case on your own. Therefore, you can choose us as your personal injury lawyers in Lakewood to represent your case and get you the rightful compensation.
If you have been wrongfully injured through no fault of yours, you can claim compensation from the guilty party. As reliable personal injury attorneys catering to Lakewood, we can represent you if you or any of your family members has been wrongfully injured.
You can choose us to be your personal injury attorneys in Lakewood if you have been injured due to any of the following reasons:
You can rely on us as your personal injury attorneys in Lakewood as we would put in our best resources to get the fairest compensation for you. As your personal injury attorney, we will work on your behalf, taking care of all legal matters while you focus on recuperating.
When you are looking for the best lawyer in Lakewood to represent your case, you cannot rely on just any firm or lawyer. You need to find the best firm that has a team of experienced lawyers. You can choose us to be your lawyers in Lakewood for taking on your personal injury case because we are experienced and knowledgeable.
As your lawyers in Lakewood, we would help you get fair compensation for the following:
If you have been injured by the negligent act of someone else and you seek the assistance of a reliable personal injury lawyer who caters to Lakewood, call us at 1-800-680-8112.
“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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 & Lambka get the job done. I appreciated their concern and interest in my case, and would definitely recommend them to a friend.” - Y. Martin"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“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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“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 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“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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