If you have sustained injuries caused by other people failing to uphold the law, you might be a candidate for monetary compensation for the offense. 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. The first question asks about negligence and their positioning in society. If they had a legal duty to uphold but still acted negligently, then we can file a legal claim on your behalf.
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.
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. 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. Though their behavior may be considered negligent, the police are protected by laws that allow them to use caution when their help is implored.
After determining that the person held a legal duty, we must show that their actions were negligent and derelict. This is a very prominent question for cases pertaining to personal injuries. A situation that denotes a breach of legal duties is when a car runs a red light and crashes into a fellow driver as a result. 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.
Negligence is defined as unruly behavior that results from the failure to adhere to regulations, causing damage in the process.
Negligence is a difficult thing to prove in most other contexts. 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.” 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. 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. Damages and harm are essentially the same thing. In order to prove liability and claim compensation, evidence must be presented to the jury.
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. 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. However, their actions did not amount to damages that the court would recognize as meaningful enough to warrant compensation on your end.
Showing that the personal who caused you harm did so intentionally is a hard claim to prove. 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. 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.
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. 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. We do not charge for your initial consult. 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. There is a lot of information involved, pertaining to subjects like insurance, the legal system, and medical care. Many personal injury attorneys don’t fully understand each of these areas of law themselves. Your case may share similarities with other personal injury situations, but personal injury cases are never the same. For example, you might experience a generic automobile accident where someone struck you from behind. Occurrences like this are widespread.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. You can read our advice about a variety of different legal situations here:
It is very important to open a case and file your suit in a reasonable period of time because statute of limitations can keep you from suing if you wait too long. 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. 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.
The statute of limitations determines whether or not your claim is valid and timely, so pay close attention to this limitation. Moreover, lawsuits can be complicated and lengthy as you work towards a resolution.
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. If you do not know who injured you, your attorney cannot file a lawsuit on your behalf. Even with the information, the insurance companies acting as defense for their client will take every opportunity they can to have a case dismissed, especially if it is not properly carried out.
While the statute of limitations allows three years to take action, we advise that you begin the process much earlier. 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.
It is important that you find an attorney that you trust. Your case will either settle without a trial or it will be taken to court before a judge and jury. Regardless of the outcome, your attorney will be your main source of wisdom throughout the process. All of our clients are intentionally informed of our risk analysis tips so that they can make well-informed decisions on difficult matters.
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.
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. All details of a case are equally as important and we take time to review them. The more important your case is to you, the more important it is that your promptly find legal advice on how to best handle it.
When looking for an attorney, there are many different resources to help you evaluate your options and ultimately select a firm to hire. 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 explore reviews our clients have written about us here.
The most important thing to consider when hiring an attorney is that you trust them. 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.
Having an attorney who is as passionate about your situation as you are is key. At the end of your case there will only be one settlement or award. 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. 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.
In 2015, the CDC determined that 37,757 deaths that year were caused by vehicle accidents. Accidents in general were the fourth leading cause of death after heart disease, cancer, and respiratory diseases. The CDC released a more exhaustive explanation of their estimates on their page devoted to accidental injuries.
Most times, the defendant and the plaintiff come to some sort of compromise. Neither side receives exactly what they hoped for. Settlements involve a lot of deals that allow the parties to reach a happy medium. The injured party aims to obtain sufficient compensation such that their bills are paid.
If injuries have healed and are a thing of the past, then it is easier for the injured party to reach a settlement. If, on the other hand, injuries are ongoing, then it is much more difficult because money must be paid that represents this person’s now uncertain medical future. Insurance companies don’t like to provide money for the hypothetical future. Unfinished medical treatment means more payments will be made along the way and that is a stress inducer. 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 providers do not offer lump sums right away, but rather, they’ll start out with small amounts. 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. 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.
All personal injury cases are different to some extent. Someone who breaks a rib will likely have lower medical bills than someone who has suffered a whiplash injury. The treatment for broken ribs is essentially no active treatment at all. 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. They both may have the same value in terms of the patient’s pain, suffering, and loss of enjoyment of life as well. 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. 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.
Personal injury damages include, but are not limited to, the following:
Every case is unique but most cases follow a similar time table.
First, the client gets to a point where they no longer require medical care. We believe that our clients are in the best mindset when their injuries have been cared for and resolved. Ongoing injuries also pose a risk when we go against insurance companies because they will be less inclined to settle if you require future care. Once a settlement is reached, the decisions are permanent, so we want to make sure we accomplish what we set out to achieve the first time around, because there are no second chances.
We put a pause on drafting the negotiations until the client no longer requires future medical attention. 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. Obtaining medical records usually takes about 8 weeks. While many providers respond promptly to requests for records and bills, there is almost always a provider who does not. Once we receive your medical records, we then have to comb through the details and make sure nothing is missing in the documents. Often, we find that not all records or bills are included in the official paperwork, so we have to submit another request for the missing documents. 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. After the insurance company receives the package, they are allotted some time to refute our claims and offer other options. Not all insurance providers have the time to get back to us immediately, so additional time can be spent waiting for their reply to arrive. 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. This can be done via email or telephone. Either way, we’re happy to take some time and talk with you about whether or not your case warrants our legal insight and help. 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.
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. That way, you are fully informed about your case and what representation entails. 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 are willing to meet you wherever is most convenient for you, so just let us know what you would prefer, and we will comply!
The only way justice is kept is if wrongdoers are brought to court. You may want a personal injury lawyer or personal injury attorney to help you ensure that wrongs are righted in the Enumclaw, WA area. If so, consider hiring a personal injury lawyer from Wiener and Lambka!
Our team has just the right personal injury lawyer for you. No matter the injury you sustained or the damage done to your Enumclaw area property, a personal injury lawyer can help. Our personal injury lawyer and personal injury attorney team specializes in:
We want to keep the residents of the Enumclaw area safe from malicious accidents. You will need a personal injury lawyer to help you settle legal disputes and claims. We can match you up with a professional personal injury lawyer in the Enumclaw area.
Specializing in civilian economic and non-economic cases, a personal injury lawyer or personal injury attorney gives you a leg up on your opponent. No matter what kind of case you have in the Enumclaw area, having a personal injury attorney will help make the entire legal proceeding easier on you.
We do our best to pair you up with the best personal injury attorney for your case. You might file for medical malpractice, but we can match you with a personal injury attorney that specializes in medical malpractice. Consider these specific kinds of cases:
The Wiener and Lambka personal injury attorney team in the Enumclaw area can help you deal with your specific case.
Whether your person, family, or property has been wrongly damaged, our personal injury attorney team wants to help. To help our clients through the difficulties of legal proceedings, we promise:
Since we opened in 2002, we’ve collected over $65 million for our clients. Over 85% of our cases are resolved without entering a lawsuit.
Our personal injury lawyer and personal injury attorney team in the Enumclaw area is ready and willing to help you today. Call today to set up a free consultation!
“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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“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“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 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“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“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 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“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 get the job done. I appreciated their concern and interest in my case, and would definitely recommend them to a friend.” - Y. Martin
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