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. In order to open a personal injury case, your experience must meet specific qualifications for legal claims. The first step in figuring out whether to proceed is to answer three questions. 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.
Sometimes people can act negligently, but because they have no duty under the law, there is no ability to compensate the injured party. 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.
The ruling resulted from a case in 2005 in which a woman filed for a restraining order against her ex-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 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. 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 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.
Refusing to follow the law is considered negligent behavior.
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. 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 third and final question to answer asks if the negligent behavior directly caused the injuries. Everyone has an idea of what the word harm means. 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. In order to prove liability and claim compensation, evidence must be presented to the jury.
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. 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. This is because harm did not ensue from their negligent actions.
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. 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.
If the defense attorney can invalidate your claims, then the case is weak and your chances of receiving compensation are lessened. 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. 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.
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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.
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 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.You definitely want to implore legal assistance sooner than later. 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. Most personal injury cases in Washington have a statute of limitations of 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. 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. We have had clients come to us without any knowledge of contact information for the driver who negligently caused a collision with them. 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. 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 end in mutual agreeance or in a trial overseen by court officials. 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.
We do not personally make the big decision for our clients. 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.
It is not unheard of for most personal injury attorneys to provide an initial meeting for free. 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. The sooner you address your situation, the more beneficial your outcome will be for you.
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. 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:
As stated earlier, it is absolutely essential that you can trust your lawyer. Look for experience, interpersonal communications skills, a commitment to professionalism, and advocacy for their clients. The client comes first, always, so make sure you lawyer acts in accordance with their fiduciary duty.
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. If your attorney isn’t clearly doing a good job by being responsive to your questions and concerns, you should consider seeking out counsel that will value your lawsuit.
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.
Many personal injury cases do not require a trial, seeing as they end in a civil agreement. Compromises are made in order to settle the dispute while pleasing each party to at least a partial extent. 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. 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. It is an uncomfortable investment into a vast number of medical bills and expenses. 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 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.
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. This is where compromise comes into play. 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. Whiplash, on the other hand, can cost upwards of $10,000 in medical bills and rehabilitation efforts. This is not to say that one injury is more painful or debilitating than the other. Since everyone is different, someone who endured whiplash may not feel as much pain as another person whose ribs were broken. However, a broken rib might require an ER visit and one or two X-rays to be taken. The main point is the medical value tends to determine the amount of compensation you receive. A situation where someone suffered whiplash tends to receive higher rates of compensation than someone with a broken rib.
Other potential forms of damages in a personal injury case include:
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. Until an injured party physically recovers, they are not in a good position to resolve their claim because the future is still too unknown. Settlement occurs only once, and the injured person has to release the other party from any further requests for damages when accepting their settlement monies.
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. Personal injury cases are long processes, with medical records alone having a lull period of two months, minimum. Not all providers respond to our request for payment history and medical records, so we always anticipate a waiting period. 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.
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. 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.
Your initial meeting with Wiener & Lambka, PS, is free of charge. We can conduct the initial meeting over the phone or through emails. No matter what, we would love to talk to you about the specificities of your situation and inform you about your options. 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 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!
Life happens to the best of us, but when something that could have easily been avoided is not, you might want to find a personal injury lawyer. Wiener and Lambka serve in the capacity of personal injury attorney for the Bonney Lake, WA area, and want to help you find justice!
Preventable accidents and malicious wrongdoings happen every day in the Bonney Lake area. If you’ve been wronged, you might want a personal injury lawyer to help you get justice.
If you need a personal injury lawyer, look no further in the Bonney Lake area – we can handle any case. Here’s a sampling of the kinds of cases we’ve done in the past:
A personal injury lawyer gives you the best chance in the Bonney Lake area to right what was wronged. Don’t look any further for a personal injury lawyer – call us today!
A personal injury lawyer or personal injury attorney can help you with any Bonney Lake area case, but is a specialist in tort law. A personal injury attorney is best equipped to deal with cases like:
Our personal injury attorney is more than willing to work with you in these cases. We also have specialists whose personal injury attorney experience hones in on insurance disputes and nursing home abuse.
If you’re in the Bonney Lake area and can’t find a decent personal injury lawyer or personal injury attorney, we hope you’ll call us. We offer free consultations, and ensure that a qualified attorney handles your case personally.
We try to minimize your cost by only charging fees if we collect. That means you can have our services at cost value, and our incentive to do our best to help you win your case. We promise our clients:
Our personal injury attorney team is highly qualified and professional. We work hard to connect you with the best personal injury lawyer we have available. Don’t let the lack of a personal injury attorney cause you to miss out on justice!
Whether you need a personal injury lawyer or a personal injury attorney in the Bonney Lake area, we hope you’ll check Wiener and Lambka out. If you still have questions or concerns, call today!
“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“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“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"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“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“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“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“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“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“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“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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