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. Not all situations where one person’s actions or inactions result in a legal claim. The first step in figuring out whether to proceed is to answer three questions. The first question asks about negligence and their positioning in society. If they had a legal duty to uphold but still acted negligently, then we can file a legal claim on your behalf.
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.
This stems from a 2005 case where a woman obtained a protective order against her former husband.
The husband kidnapped her three children and she reported him 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 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 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 question may just be the most important determination to make in personal injury cases. 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. There are statutes governing how we are required to act when driving and they include coming to full stops at red lights.
Refusing to follow the law is considered negligent behavior.
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 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. Damages and harm are essentially the same thing. In order to prove liability and claim compensation, evidence must be presented to the jury.
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.
You were inconvenienced, certainly, and likely scared. According to the law, the only way to claim personal injury and seek monetary reimbursement for the damage is if the person in question acted negligently while holding legal duty.
In personal injury cases, the intent behind causation is highly contested. 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.
Defense attorneys are acting on behalf of the person you are filing suit against, so they want to find any possible way to minimize your claim so that their client does not own you any financial recompense. 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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Most personal injury attorneys do not offer a free consultation. 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. There is a lot of information involved, pertaining to subjects like insurance, the legal system, and medical care. 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.These incidents are more common than you may think. The widespread nature of your incident does not mean the case should be brushed off as common or predictable.The earlier you contact an attorney, the earlier you can learn how to properly handle your case. Different measures will be taken, depending on the area of law that your case involves. 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. If you do not adhere to the three-year statute, you may not be able to file your claim.
Other statutes can apply to cases that might also be considered personal injury suits. 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.
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. 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. 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. 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. All of our clients are intentionally informed of our risk analysis tips so that they can make well-informed decisions on difficult matters.
Our client makes their own decision at the end of the day and we adhere to their wishes. 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.
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. 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.
Selecting a law firm to hire onto your case is imperative to success with your case. You cannot trust everything you read online, but looking at former and current client reviews is a reasonable place to begin your selection process. At Wiener & Lambka, PS, we are very proud that almost all former clients endorse us and many have taken the time to do so online. You can explore reviews our clients have written about us here.
As stated earlier, it is absolutely essential that you can trust your lawyer. 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.
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 settlement is reached, that is the end of discussion. Once the judge rules that your settlement is final, there is no room for alteration. 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.
In 2015, the CDC determined that 37,757 deaths that year were caused by vehicle accidents. 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 person who sustained injuries usually just wants to be reimbursed for the financial burden the injuries created.
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 providers do not appreciate the uneasiness of ongoing expenses. There is too much certainty circulating when ongoing care is involved. 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 providers do not offer lump sums right away, but rather, they’ll start out with small amounts. 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. In the end, both sides must try to accurately determine the amount that they would be willing to accept or pay. If an offer is made by the defendant, and accepted by the plaintiff, then the discussion is over.
Personal injury cases are unique in their own rights. Someone who breaks a rib will likely have lower medical bills than someone who has suffered a whiplash injury. The treatment for broken ribs is essentially no active treatment at all. 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. 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. 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:
As we mentioned before, all personal injury cases are unique in their own ways, but they tend to follow similar patterns in terms of their duration.
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. 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.
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. We understand that medical providers are busy professionals and as a result we expect to wait a while before obtaining your records and bills. 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. 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. The next step, after creating a settlement package, is to mail it to the insurance company responsible for the defendant’s reimbursement monies. 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.
We will not bill you for your initial consultation with us. 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. Many cases do not require legal aid and we reassure clients in these circumstances.
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. 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!
When you get injured due to the negligence of someone else, it comes under the category of personal injury. You need strong representation by a personal injury attorney in this case. We, at Wiener & Lambka can be of help as we can be your personal injury lawyers in Puyallup, WA.
With our help as your personal injury lawyers in Puyallup, you can file a lawsuit for the following incidents:
There can be other instances that may result in personal injury. Therefore, you need an experienced personal injury lawyer in Puyallup who can determine whether you have a case suitable for compensation or not.
As a victim of an accident, you can file a lawsuit against the guilty party with the help of a lawyer-or specifically by an experienced personal injury attorney in Puyallup. You should choose a specialized personal injury attorney in Puyallup as he would be able to get you compensation that covers the following:
You must remember that being an accident victim, you are up against big insurance companies and firms that do not want to give you any compensation. Therefore, you need an aggressive personal injury attorney in Puyallup that can get you a favorable verdict.
As your lawyers, we are committed to your cause, so we use the best resources to get what is rightfully yours.
You need powerful representation by a competent lawyer in Puyallup if you have been wrongfully injured. When you choose us as your personal injury lawyers in Puyallup to represent you, we provide you with personalized services.
Understanding the legal proceedings that include investigations, claims, insurance and interviews could intimidate you, we provide you thorough support as your personal injury lawyers in Puyallup. You can expect the following services from us as your lawyers:
You can rely on us as your personal injury attorneys. We cater to all the legal proceedings as your lawyer.
If you have been wrongfully injured by someone, and you are looking for a reliable personal injury attorney in Puyallup, call us at 1-800-680-8112.
“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 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“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“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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“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 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"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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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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