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 answers you provide to three questions will decipher whether or not are able to make a personal injury claim. 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.
Sometimes people can act negligently, but because they have no duty under the law, there is no ability to compensate the injured party. 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.
A court case dating back to 2005 resulted in this Supreme Court outcome.
After her children went missing, the woman figured out that he had taken their children and she reported the kidnapping to the police. 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.
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 may just be the most important determination to make in 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. A major part of driving responsibly is abiding by traffic laws and stopping at red lights is incredibly important.
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. 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. 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 question is whether or not the negligent actor caused the suing part harm. The injuries that the plaintiff sustained are considered harm. 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. Evidence that ties the negligent behavior to the harm the victim endured is a necessity for personal injury cases.
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. If they continue to drive by and no collision occurs, then you do not have a lawsuit. Even though the other driver was clearly negligent, there was no harm involved.
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.
Showing that the personal who caused you harm did so intentionally is a hard claim to prove. 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.
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. 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. Reach out to us and schedule your consultation today.
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. 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 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. Once we know more about the details of your situation, we will handle your case in the manner we deem most fitting. 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. 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.
Other statutes can apply to cases that might also be considered personal injury suits. If assault is involved, then the statute of limitations drops to two years instead of three. 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. 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. 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. As soon as you are able, you should contact a law firm and ask that they help you make progress with your situation.
It is important that you find an attorney that you trust. 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.
Our client makes their own decision at the end of the day and we adhere to their wishes. Our client gets to determine whether we accept a settlement package or we seek further compensation in the courtroom. The client gets to decide how much money they are willing to settle for as well.
Many personal injury law firms offer one-on-one consultation meetings with lawyers at not cost to you. 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. 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 explore reviews our clients have written about us here.
The most important thing to consider when hiring an attorney is that you trust them. You should seek out a lawyer who is poised, carries his or herself well, and speaks well about everyone, despite any differences between them. The client comes first, always, so make sure you lawyer acts in accordance with their fiduciary duty.
Having an attorney who is as passionate about your situation as you are is key. At the end of your case there will only be one settlement or award. Once a case is closed, it can very rarely be reopened. You won’t ever get a chance to come back later for another bite at the apple. This is why you want to ensure your attorney has your best interests at heart: you have one chance towards receiving what you want.
According to the CDC, an estimated 37,575 deaths that occurred in 2015 were the result of car crashes. After heart disease, cancer, and respiratory illnesses, car accidents were the fourth main incidents that resulted in death. 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. 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 person who sustained injuries usually just wants to be reimbursed for the financial burden the injuries created.
If injuries have healed and are a thing of the past, then it is easier for the injured party to reach a settlement. 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. 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.
The longer we wait to accept a settlement, the more money you can receive. If you accept lower rates of compensation, they’ll be glad to not have to reimburse you in full. 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.
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. If an offer is made by the defendant, and accepted by the plaintiff, then the discussion is over.
All cases are unique. Someone who breaks a rib is as much a personal injury victim as someone who experiences whiplash. The treatment for broken ribs is essentially no active treatment at all. Whiplash, on the other hand, can cost upwards of $10,000 in medical bills and rehabilitation efforts. This is not to say that one injury is more painful or debilitating than the other. They both may have the same value in terms of the patient’s pain, suffering, and loss of enjoyment of life as well. 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. A situation where someone suffered whiplash tends to receive higher rates of compensation than someone with a broken rib.
Damages in personal injury cases range in severity and form, including:
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. Ideally, if a client can completely resolve their injuries, then that places them in a prime position for settlement. Ongoing injuries also pose a risk when we go against insurance companies because they will be less inclined to settle if you require future care. 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. 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. 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. This slows down the process of filing suit.
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. 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. If resolution cannot occur between parties with ease, then a lawsuit will be filed, which is also a slow-moving process.
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. Many cases do not require legal aid and we reassure clients in these circumstances.
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. That way, you are fully informed about your case and what representation entails. 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!
When you get injured due to the fault or negligence of someone else, you must contact a lawyer immediately to know about your legal rights. We, at Wiener & Lambka serve as experienced personal injury lawyers in Port of Tacoma, WA. Often people are not sure about what to do when they meet with an accident.
Therefore, we as an experienced personal injury lawyer in Port of Tacoma recommend that you call a lawyer and provide vital information before divulging it to anyone else. As your experienced personal injury lawyers in Port of Tacoma, we offer the following services:
As your personal injury attorneys in Port of Tacoma, we take care of all the legal proceedings, enabling you to recuperate without getting pressured.
Sustaining injuries that have a serious impact on your life can be compensated only by monetary compensation. However, you need a personal injury attorney in Port of Tacoma that can get you the rightful compensation. You can choose us to be the personal injury attorney in Port of Tacoma as we deal in all types of personal injury cases such as:
As your personal injury attorneys in Port of Tacoma, we negotiate with the insurance companies and the third parties at fault. As your personal injury attorney, our objective is to get you the rightful compensation that can give you some solace against the rising medical bills and other expenses.
An experienced and resourceful personal injury lawyers in Port of Tacoma, we can give you the proper representation in court. When you are looking for the best lawyer in Port of Tacoma to handle your case, you would have to sift through the several law firms that claim to provide great services.
Alternatively, you can choose us as your personal injury lawyer in Port of Tacoma. We can be the perfect choice as a lawyer as we possess the following qualities:
As established lawyers practicing in Port of Tacoma for years, we have the required know-how of dealing with personal injury cases caused by the negligence of someone else.
If you or any of your family members have been injured in an accident and you seek legal recourse through a personal injury attorney who caters to Port of Tacoma, call us at 1-800-680-8112.
“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“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“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“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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“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“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 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“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“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas
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