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 answers you provide to three questions will decipher whether or not are able to make a personal injury claim. First, did the person who caused the injury breach a legal duty to you? 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. 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.
This stems from a 2005 case where a woman obtained a protective order against her former husband.
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.
According to federal law, the police can decline to intervene in situations where citizens call upon their services, negating the suit she filed against the department. 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 next question looks to understand if the individual who holds the legal duty caused injuries as a result of their carelessness. 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. 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.
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. The baseline for medical professionals is called the “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. 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.
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. 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. 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. The defense attorneys will challenge your claim that their client acted negligently and subsequently caused your 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.
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. 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.
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Most personal injury attorneys do not offer a free consultation. The initial consultation is free when you meet with us.Reach out to us and schedule your consultation today.
We do not expect that you know the ins and outs of personal injury when you meet with us. Many factors, like insurance aid and medical attention, come into play with personal injury cases. 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. Those happen all the time. 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. Different measures will be taken, depending on the area of law that your case involves. Follow the link below to get an understanding of how we go about handling our cases:
A statute of limitations is a date by which you must either resolve, or properly file and serve, your lawsuit against the negligent party. 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.
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. Assault, for example, has a two year statute of limitations. Consult an attorney immediately if you think that you have a case.
The statute of limitations determines whether or not your claim is valid and timely, so pay close attention to this limitation. 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. Without basic facts, it is impossible to preserve your legal rights. 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. 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. 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. Either way, you will depend heavily on your attorney for advice. 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. The client ultimately decides whether we will sue, settle, or take a case to trial. 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. 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.
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. 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. Read our reviews here.
Finding an attorney that you feel you can trust is step number one. 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.
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. At the end of your case there will only be one settlement or award. Once a settlement is reached, that is the end of discussion. Once the judge rules that your settlement is final, there is no room for alteration. 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.
The Centers for Disease Control made public their data from 2015, demonstrating that motor vehicle accidents were responsible for a total of 37,757 deaths that year. 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 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. 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. 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. If you accept lower rates of compensation, they’ll be glad to not have to reimburse you in full. Insurance companies will wait until they absolutely have to pay the full amount of compensation, which is a subjective determination on some level regarding the evaluation of a case’s value.
Value is often very hard to determine because each case is unique. Such is an instance where compromises are necessary in order to reach a settlement. If an offer is made by the defendant, and accepted by the plaintiff, then the discussion is over.
All cases are unique. Details, such as the type of injury that was caused, differ from case to case, such as the difference between broken ribs and whiplash. Broken ribs require time to heal. On the other hand, whiplash is a very costly injury to heal from, due to the medical treatment it requires. 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. Compensation is based more so on bills that resulted from injuries than it does any other factor. 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:
Every case is unique but most cases follow a similar time table.
We prefer not to open a case until the injured party is healed. 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. 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. 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. Not all providers respond to our request for payment history and medical records, so we always anticipate a waiting period. 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. 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. 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 hope is that we can reach an agreement with the insurance company, but if we cannot do so, then a lawsuit begins.
At Wiener & Lambka, PS, we provide a free consultation to potential clients. 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 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 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!
For powerful legal representation by a personal injury attorney in the Kirkland, WA area, look no further than Wiener and Lambka. Our team can take care of your personal injury case and ensure you benefit from professional legal advice from a personal injury lawyer. If you have suffered a personal injury in the Kirkland area, we can assign you your own personal injury attorney who will work on your case, rather than just a paralegal who many other firms use for injury cases. With so many years of experience in the Kirkland area, we can take care of your case if you need a personal injury lawyer and have suffered from:
A personal injury attorney can be of great benefit to you if you have been the victim of negligence in the Kirkland area. The aftermath of a personal injury can be stressful, but our personal injury attorney is here to guide you through the process and make it as easy for you as possible.
A personal injury lawyer will be on your side to give you powerful legal representation, and your personal injury attorney will ensure you receive the compensation you deserve. Since 2002 our personal injury attorney team has collected over $65,000,000 for our clients. Our personal injury lawyer record also shows that over 85% of cases are resolved without needing to file a lawsuit. Don’t hesitate to contact our Kirkland area personal injury attorney team if you:
For a truly dedicated personal injury lawyer who will put your needs first, you can rely on our personal injury attorney team. Each personal injury lawyer has an excellent reputation for satisfied customers in the Kirkland area, and every personal injury attorney will go the extra mile for our clients. Our personal injury lawyer team offers:
For added peace of mind, our staff also includes a registered nurse, as well as a trial personal injury attorney team. Serving the Kirkland area for so many decades, we have an experienced personal injury attorney or personal injury lawyer who can be trusted to expertly handle your case. Don’t hesitate to call a personal injury lawyer today.
“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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"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 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“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 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“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“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson
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