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. Certain requirements must be met in order to assert that the situation warrants a legal claim. There are three main questions that need to be answered in order to determine if you have a legal right to claim personal injury. First of all, you will need to figure out if the other party intentionally caused you harm and breached their legal duty. This means that the person had to have acted in a negligent manner, but in the context of having a legal duty.
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 husband kidnapped her three children and she reported him to the police. The woman called upon the help of her local police officers but they never opened an investigation regarding the missing children.
The woman never saw her children again because their father killed them, and in her fight for justice, she sued the police for not taking action or opening a case on the matter.
Federal law mandates that all police officers be protected against civil suits because they are legally allowed to refuse to investigate. Police are legally allowed to use discretion in their decision-making along these lines.
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 common example of legal duties being breached is a car crash that is caused by an oncoming car running a red light. There are statutes governing how we are required to act when driving and they include coming to full stops at red lights.
When someone makes a mistake and fails to follow the law, they will be considered negligent.
Outside of basic traffic safety and cautious driving, negligence can be hard to prove. A scenario where negligence is tricky to corroborate involves the health spector because you must compare the behavior of the doctor in question to all other providers in similar practices. The baseline for medical professionals is called 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. 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.
This is not to say that you were not emotionally drained or frightened by their actions. 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. 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.
They act in this way because they want to discredit your claims for compensation. 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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Personal injury lawyers tend to send an invoice for their consultation with you. We do not charge for your initial consult. 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. Many personal injury attorneys don’t fully understand each of these areas of law themselves. Your personal injury case is unique to you and it should be treated as such.For example, you might experience a generic automobile accident where someone struck you from behind. 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. 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. 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. 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.
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. Without identifying information for the person who caused your injuries, there is no way to sue. 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.
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.
You need to be able to trust your lawyer. Your case will either settle without a trial or it will be taken to court before a judge and jury. Either way, you will depend heavily on your attorney for advice. We provide guidance to our clients but their preferences determine our actions.
We do not personally make the big decision for our clients. 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. The reasoning behind holding a no-cost consult is that most people do not need the help of legal professionals in order to claim compensation. 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.
Selecting a law firm to hire onto your case is imperative to success with your case. While not all ratings are equal, looking at all of the different pieces of information is still valuable. We take a lot of pride in the fact that most, if not all, of our clients endorse us and our services. Read our 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. 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. 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. 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. Vehicular accidents were said to be the fourth main cause of death. The CDC released a more exhaustive explanation of their estimates on their page devoted to accidental injuries.
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. Settlements, on both sides, are a product of risk reduction. 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. Insurance providers do not appreciate the uneasiness of ongoing expenses. 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 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. Such is an instance where compromises are necessary in order to reach a settlement. Once an offer is made and accepted, the opportunity of getting more, or of the other side doing better, is eradicated.
All personal injury cases are different to some extent. Someone who breaks a rib is as much a personal injury victim as someone who experiences whiplash. Treatment for broken ribs is a combination of taking it easy and resting your body. Whiplash, on the other hand, can cost upwards of $10,000 in medical bills and rehabilitation efforts. 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. However, a broken rib might require an ER visit and one or two X-rays to be taken. Compensation is based more so on bills that resulted from injuries than it does any other factor. Whiplash injuries require far more visits and types of care.
Personal injury damages include, but are not limited to, the following:
Not all personal injury cases are the same by any means, but their duration follows predictable timetables.
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. 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. Receiving them is not the end of the process, however, because we then need to analyze them and make sure the files are complete. 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.
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. 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. Your consult can be by way of phone or email. During this discussion, we’ll go over the incident, speak to our abilities, and collectively determine if we are the right match for you. 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.
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. 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 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!
While we realize that not all personal injury cases needs the intervention of a personal injury lawyer, we advocate that it is usually a more prudent course of action to engage one for legal advice so that your rights can be maintained. In Redmond, WA and the surrounding areas there are all kinds of reasons that someone may need to retain a personal injury lawyer for settlements, and any personal injury lawyer or personal injury attorney at Wiener and Lambka is ready to get you the justified compensation that you deserve.
We take pride in the work of each and every personal injury attorney at Wiener and Lambka because they do such a tremendous job of representing our clients in the Redmond area in a compassionate and professional manner. However, they are fierce in their work as a personal injury attorney as they defend our clients. Each personal injury attorney will pursue aggressive legal representation for Redmond area clients and we can assure you that you will be represented in the best way possible.
We work in the Redmond area and we put your injuries and your need for settlement first. We are willing to go above and beyond the call of duty for you because we are willing to come to you when you need a personal injury attorney for your personal injury cases. The Redmond area personal injury cases require close interaction with your personal injury lawyer and that makes it necessary for us to come to you when you can’t come to us.
"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“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 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“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“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“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“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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 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“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
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