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. First, did the person who caused the injury breach a legal duty to you? This means that the person had to have acted in a negligent manner, but in the context of having a legal duty.
Sometimes people can act negligently, but because they have no duty under the law, there is no ability to compensate the injured party. 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.
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. 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.
The Court declared her suit invalid because, under the law, a police department is not required to protect citizens upon request. 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 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.
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. Doctors are expected to act professionally, upholding what is referred to as 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. 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. All of the damages caused in the incident fall under the category of harm. Evidence that ties the negligent behavior to the harm the victim endured is a necessity for personal injury cases.
For example, say you are driving home and someone in an oncoming lane runs a red light, causing you to have to stop suddenly. 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. This is because harm did not ensue from their negligent actions.
You were inconvenienced, certainly, and likely scared. However, their actions did not amount to damages that the court would recognize as meaningful enough to warrant compensation on your end.
With personal injury cases, there can be some difficulty in proving that the intent behind the injuries was malicious. 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 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. The initial consultation is free when you meet with us.Contact us via our website to start your case today.
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. Everyone involved is subject to different areas of the law and not all personal injury firms are familiar with the statutes in those areas. 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. Occurrences like this are widespread.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. 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:
A statute of limitations is the legal term for the timeframe you are allotted for filing a claim for compensation. Washington has its statute of limitations for personal injury cases set at 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. Assault, for example, has a two year statute of limitations. Consult an attorney immediately if you think that you have a case.
Because the statute of limitations is a deadline that can cut off your legal rights, it is important to take action prior to the deadline. 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. Without basic facts, it is impossible to preserve your legal rights. Lawyers want to ensure that protocol is followed in order to avoid creating loopholes for the defense attorneys.
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.
Trust is the foundation of all attorney-client relationships. Your case will either end in mutual agreeance or in a trial overseen by court officials. Either way, you will depend heavily on your attorney for advice. 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.
Our client makes their own decision at the end of the day and we adhere to their wishes. The client ultimately decides whether we will sue, settle, or take a case to trial. Our clients are the voice behind the big decisions, especially in terms of how much compensation they feel is fair and just.
It is not unheard of for most personal injury attorneys to provide an initial meeting for free. 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. Each case is unique and presents issues that must be individually analyzed and then re-analyzed as each part relates to the whole of the case. 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. 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. You can find these reviews here:
Finding an attorney that you feel you can trust is step number one. 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.
If you have an attorney who doesn’t promptly respond to your communications or acts with indifference to your case, you should probably find someone with whom you can work better. A keen eye to detail is important because second chances are very few and far between when it comes to lawsuits. Once a case is closed, it can very rarely be reopened. There will not be an opportunity to make adjustments to the ruling. 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.
According to the CDC, an estimated 37,575 deaths that occurred in 2015 were the result of car crashes. 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.
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. 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.
Settlements are easier if the injured individual has healed from their wounds. 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. It is fought against even more fervently when they also believe that they injuries should have already healed, or that the plaintiff somehow prevented the 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. 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.
Compensation is typically based on bills that you had to pay as a result of your injuries, but this is not always a reflection of how much you are owed, since harm includes aspects that are priceless. Such is an instance where compromises are necessary in order to reach a settlement. 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. 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. Whiplash, on the other hand, can cost upwards of $10,000 in medical bills and rehabilitation efforts. Regardless of the treatment extremes, whiplash and broken ribs are both hard to live with and heal. Since everyone is different, someone who endured whiplash may not feel as much pain as another person whose ribs were broken. 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. 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.
Other potential forms of damages in a personal injury case include:
Every case is unique but most cases follow a similar time table.
We find it preferable to wait to sue the responsible party until after the client has recovered from the inflicted injuries. When injuries are fresh and painful, it can be difficult for our client to think clearly during 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. 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. Obtaining medical records usually takes about 8 weeks. Not all providers respond to our request for payment history and medical records, so we always anticipate a waiting period. 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. This slows down the process of filing suit.
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. 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.
Your initial meeting with Wiener & Lambka, PS, is free of charge. This can be done via email or telephone. 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.
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. We can surely meet with you at our office, but with respect to our practice and the nature of personal injury clients, we are more than happy to come to you in order to avoid exacerbating injuries on your end. 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!
p>When you are injured due to the negligence or fault of someone else, you are unsure of whom to contact and whether you even have a valid case to file a lawsuit for compensation. You must enlist the help of a lawyer-or specifically-a personal injury lawyer as cases of this type are best handled by them.
We, at Wiener & Lambka serve as personal injury lawyers in Lynnwood, WA. As experienced personal injury lawyers in Lynnwood,our firm will do everything to ensure that all your queries are answered and any legal issues are handled professionally. As personal injury lawyers in Lynnwood, we can handle a wide range of cases including:
With us as your personal injury attorneys you would be able to file a lawsuit to claim for the damages and injuries that you have sustained. As your lawyers, we would explain your legal rights so that you can make informed decisions during the progress of the case.
With an experienced and competent personal injury attorney in Lynnwood by your side, you will feel more comfortable and secure. A specialized personal injury attorney in Lynnwood would serve you well since it is not easy to prove that the accident was caused by the negligence of someone else.
As your personal injury attorneys in Lynnwood, we would provide you the following services:
As your personal injury attorneys in Lynnwood, we would make every effort to get you a fair compensation. If negotiations fail, we as your lawyer would go in for litigation.
When you are looking for a confident and competent lawyer in Lynnwood, you need to do your research. You can choose a personal injury lawyer in Lynnwood on the basis of factors like experience, expertise, reliability and reputation.
You can choose us to be your lawyers in Lynnwood as we are trained, skilled and aggressive to handle personal injury cases.With us as your lawyers in Lynnwood, you would be able to get compensation for the following:
If you have been seriously injured because of the negligence of someone else, and you are contemplating a lawsuit through an experienced personal injury attorney in Lynnwood, call us at 1-800-680-8112.
“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“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“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“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“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 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 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"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“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
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