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. The first step in figuring out whether to proceed is to answer three questions. 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. 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.
The husband kidnapped her three children and she reported him to the police. Even though she reached out to the police department, they were unresponsive and no progress was made in the search for her 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 second question is whether or not the person who held a legal duty intentionally acted in an unreasonable manner. This is a very prominent question for cases pertaining to personal injuries. 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. There are statutes governing how we are required to act when driving and they include coming to full stops at red lights.
Refusing to follow the law is considered negligent behavior.
Outside of basic traffic safety and cautious driving, negligence can be hard to prove. 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 standard that doctors are held to is more complicated and detailed than the expectations for drivers, which is pretty straightforward.
The third question is whether or not the negligent actor caused the suing part harm. 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. 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.
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. If they continue to drive by and no collision occurs, then you do not have a lawsuit. This is because harm did not ensue from their negligent actions.
You were inconvenienced, certainly, and likely scared. 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. 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. 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. Defense attorneys might call upon doctors to testify against your claims that the care you received was necessary.
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Many personal injury law firms will charge a small fee to meet with you and discuss your situation. 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. Personal injury cases are very complex, involving multiple institutions such as your insurance provider, medical professionals who cared for you, and the court system. 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. Your personal injuries may stem from a very common situation where the car behind you fails to stop and runs into your bumper. Occurrences like this are widespread.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. 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 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. Failure to comply with the statute will result in the loss of your legal rights to compensation.
State regulations tied to other types of incidents may confound your actual timeframe, so you’ll want to make sure your case is considered a personal injury case. For example, cases involving assault are only allotted 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.
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. Lawsuits are not expeditious in nature and waiting too long to begin may cause the case to continue past the three-year mark.
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. If you do not know who injured you, your attorney cannot file a lawsuit on your behalf. Insurance companies will dispute claims until the day is done but we can avoid losing validity by gathering as much information as possible prior to the suit.
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.
It is important that you find an attorney that you trust. 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. 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.
The final decision is not ours to make, but rather, our client has full control over accepting or denying proposed solutions. Whether we accept the settlement or we call upon the court for guidance is up to our client. The client gets to decide how much money they are willing to settle for as well.
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. All details of a case are equally as important and we take time to review them. 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. 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 find these 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. 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.
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. 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. Once the judge rules that your settlement is final, there is no room for alteration. 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. Accidents in general were the fourth leading cause of death after heart disease, cancer, and respiratory diseases. 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. 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 injured party aims to obtain sufficient compensation such that their bills are paid.
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. 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 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 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.
Value is often very hard to determine because each case is unique. 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 cases are unique. Someone who breaks a rib will likely have lower medical bills than someone who has suffered a whiplash injury. Broken ribs require time to heal. The treatment for a whiplash injury could potentially exceed $10,000.00 while the patient undergoes different types of medical intervention. 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. The main point is the medical value tends to determine the amount of compensation you receive. 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 find it preferable to wait to sue the responsible party until after the client has recovered from the inflicted injuries. 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. 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. 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. Moreover, the records have to be reviewed in order to ascertain whether or not they are complete. These things take time and expertise, often resulting in the discovery of a need for additional records. Having to wait longer for content we initially requested adds time to the already lengthy waiting period.
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. This package then needs to be sent to the insurance company and then time is needed for it to also review the matter. The insurance provider can respond to our settlement package at any point after reviewing the document, offering any recommended adjustments for our requests. 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 hope is that we can reach an agreement with the insurance company, but if we cannot do so, then a lawsuit begins.
We will not bill you for your initial consultation with us. Your consult can be by way of phone or email. 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 are honest in our approach and we will truthfully tell you if we do not think we can help you to the greatest extent.
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!
If you or your Federal Way area property has suffered harm due to the actions of another, you can turn to a personal injury lawyer or personal injury attorney to help you get the compensation you deserve. A personal injury attorney can provide you legal expertise and support for:
At Wiener and Lambka we work with you in the Federal Way, WA area to ensure you benefit from powerful legal representation, and your personal injury attorney will make sure you are fully informed throughout the whole process. You can be confident that your personal injury lawyer is experienced and backed up by a strong team of industry professionals.
Suffering an injury can be a traumatic event in your life, and your personal injury attorney or personal injury lawyer will be there to guide you through the legal process and ensure you do not endure any further unnecessary stress or turmoil. Your personal injury lawyer will handle all of the paperwork and details of your case. Your Federal Way area personal injury attorney will also be on hand 24 hours a day should you need any assistance with your case, and your personal injury lawyer will not charge any fee unless they collect.
If you are looking for a personal injury attorney in the Federal Way area, you should consider us because:
With over 3,500 satisfied customers in Washington State, we are the obvious choice if you need a personal injury lawyer in the Federal Way area. In the last decade, we have collected over $65,000,000 for our customers, including many residents of the Federal Way area. Your personal injury lawyer will work to get you full compensation for lost wages, pain or inconvenience caused, and our personal injury attorney records show that over 85% of cases are solved without a lawsuit.
At Wiener and Lambka, every personal injury lawyer is committed to looking out for the best interests of our clients. For complete convenience, a personal injury attorney can come to your home and work around your schedule. Call us if you are looking for:
“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“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 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“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“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“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 get the job done. I appreciated their concern and interest in my case, and would definitely recommend them to a friend.” - Y. Martin“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“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“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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 always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo"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
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