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. 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. 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. 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.
The ruling resulted from a case in 2005 in which a woman filed for a restraining order against her ex-husband.
The woman’s former partner ended up kidnapping their children, at which point she contacted police and asked for their help. 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.
The Court declared her suit invalid because, under the law, a police department is not required to protect citizens upon request. 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 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. A major part of driving responsibly is abiding by traffic laws and stopping at red lights is incredibly important.
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. 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.” This is a much more subjective standard, subjected to far more debate than someone who fails to drive their car in consistency with traffic laws.
The last question to address is whether or not the injuries were a direct result of negligent behavior. Harm is a communal term that everyone can understand. The injuries go beyond physical wounds; harm also refers to financial burdens, destruction of vehicular property, and all other inconveniences. Harm is inclusive of all damages caused by the accident. 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. 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. 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.
In personal injury cases, the intent behind causation is highly contested. 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 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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Personal injury lawyers tend to send an invoice for their consultation with you. Wiener and Lambka, PS, will not charge you for a consultation. Reach out to us and schedule your consultation today.
You should not be expected to understand everything that personal injury cases require overnight. Personal injury cases are very complex, involving multiple institutions such as your insurance provider, medical professionals who cared for you, and the court system. Multiple areas of the law come into play during personal injury cases but not all lawyers are equipped to handle that. Your case may share similarities with other personal injury situations, but personal injury cases are never the same. Suppose you were stopped at a traffic light and the car behind you did not break properly, thereby rolling into your vehicle and smashing your back end.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. Different measures will be taken, depending on the area of law that your case involves. 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. 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. 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.
The statute of limitations determines whether or not your claim is valid and timely, so pay close attention to this limitation. It is especially important to begin the steps of a lawsuit earlier on because the duration of lawsuits can stretch for years.
Compiling information about the person who caused you harm is a lengthy process in and of itself. Sometimes, people will reach out to an attorney but not have any clue as to who inflicted the damages. 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. Contacting an attorney immediately when you have a personal injury matter is the most important thing you can do.
You need to be able to trust your lawyer. 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. Regardless of the outcome, your attorney will be your main source of wisdom throughout the process. We tell all of our clients that it is our priority to provide them with important information and risk analysis so that they can make a good decision about their case.
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 resolves the discussion of how much to accept as compensation, too.
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 more important your case is to you, the more important it is that your promptly find legal advice on how to best handle it.
Selecting a law firm to hire onto your case is imperative to success with your case. Reading client reviews and researching the tactics implemented by law firms is a good place to start. 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. Every step taken in the process is important because there will be no opportunities to correct errors. Once a settlement is reached, that is the end of discussion. There will not be an opportunity to make adjustments to the ruling. 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.
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. After heart disease, cancer, and respiratory illnesses, car accidents were the fourth main incidents that resulted in death. You can read more about the CDC’s findings on their website.
Most settlements end in a compromise between the parties. Compromises are made in order to settle the dispute while pleasing each party to at least a partial extent. Settlements involve a lot of deals that allow the parties to reach a happy medium. 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. There is less stability in situations where medical care is still being received. Insurance companies don’t like to provide money for the hypothetical future. 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.
The longer we wait to accept a settlement, the more money you can receive. They want to see if the injured party will accept the smaller amount before forcing them to offer larger sums of compensation. 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. This is where compromise comes into play. Once an offer is made and accepted, the opportunity of getting more, or of the other side doing better, is eradicated.
Personal injury cases are unique in their own rights. Details, such as the type of injury that was caused, differ from case to case, such as the difference between broken ribs and whiplash. Treatment for broken ribs is a combination of taking it easy and resting your body. The treatment for a whiplash injury could potentially exceed $10,000.00 while the patient undergoes different types of medical intervention. Both injuries can be very limiting and painful. They both may have the same value in terms of the patient’s pain, suffering, and loss of enjoyment of life as well. A broken rib calls for less medical attention and follow-ups than 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. 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.
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. 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.
Since defense attorneys, defendants, and their insurance companies are more readily willing to comply when the future is not unknown, we wait to proceed with negotiations until injuries are stable. Once a client has completed their treatment, we then obtain their medical records and put together a settlement package for the insurance company. Personal injury cases are long processes, with medical records alone having a lull period of two months, minimum. 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. 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.
At Wiener & Lambka, PS, we provide a free consultation to potential clients. Your consult can be by way of phone or email. 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.
If we feel that we are suited to help you and that your case requires legal aid, we will travel to a location near you to discuss the details of your situation. 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!
Anyone who has been in an accident knows how difficult that period can be. When you are claiming for personal injury for yourself and your personal property in the North Bend, WA area, we advise you to seek legal counsel in the form of a personal injury lawyer, so that your legal rights can be addressed. Don’t allow insurance company lawyers and adjusters to intimidate you out of what is legally yours.
At Wiener and Lambka, the personal injury lawyer or personal injury attorney that is assigned to you is guaranteed to give you some of the best legal services in the North Bend area. The personal injury attorney is ready to follow every avenue and provide aggressive legal representation. Each personal injury attorney is professional, well trained and compassionate to our North Bend area clients.
We are available in the North Bend area 24 hours a day and seven days a week and we are willing to come to you anywhere in the North Bend area since you may not be able to come to us. We understand the anxiety and stress that is associated with having an accident and the concerns that go with them.
Those living in and around the North Bend area can be assured that we are ready and willing to provide them with a most dedicated personal injury lawyer and/or personal injury attorney who will see to getting them compensation.
All these are retrieved through your personal injury attorney or personal injury lawyer
“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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"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“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“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“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“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“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“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
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