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. First of all, you will need to figure out if the other party intentionally caused you harm and breached their legal duty. 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 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.
According to federal law, the police can decline to intervene in situations where citizens call upon their services, negating the suit she filed against the department. Though their behavior may be considered negligent, the police are protected by laws that allow them to use caution when their help is implored.
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 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.
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. 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. This is described as “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 third and final question to answer asks if the negligent behavior directly caused the injuries. The injuries that the plaintiff sustained are considered harm. Harm comes in many forms, such as car repair, physical injury, monetary losses, pain, inconvenience, and deprivation of the pursuit of happiness. Damages and harm are essentially the same thing. 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. 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.
In personal injury cases, the intent behind causation is highly contested. Even though causation may seem clear to the injured party, the defense attorneys will hire their own doctors who will try to cast a shadow on the causation of the 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.
Learn More: https://www.wienerandlambka.com/areas-practice/
Most personal injury attorneys do not offer a free consultation. We do not charge for your initial consult. Reach out to us and schedule your consultation today.
We do not expect that you know the ins and outs of personal injury when you meet with us. Many factors, like insurance aid and medical attention, come into play with personal injury cases. 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. You are not the only person who has ever been rear ended by another vehicle, but your case is still unique in its own rights. The earlier you contact an attorney, the earlier you can learn how to properly handle your case. Once we know more about the details of your situation, we will handle your case in the manner we deem most fitting. Follow the link below to get an understanding of how we go about handling our cases:
A statute of limitations is the legal term for the timeframe you are allotted for filing a claim for compensation. 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.
If other statutes of limitations affect your case, the time limit may be drastically reduced. If assault is involved, then the statute of limitations drops to two years instead of three. 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. Moreover, lawsuits can be complicated and lengthy as you work towards a resolution.
Figuring out who the liable party is and obtaining contact information to pursue a lawsuit can sometimes be difficult. We have had clients come to us without any knowledge of contact information for the driver who negligently caused a collision with them. If you do not know who injured you, your attorney cannot file a lawsuit on your behalf. Lawyers want to ensure that protocol is followed in order to avoid creating loopholes for the defense attorneys.
While the statute of limitations allows three years to take action, we advise that you begin the process much earlier. 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.
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. No matter what results from the case, you will need to place your trust in the hands of your attorney. We provide guidance to our clients but their preferences determine our actions.
The final decision is not ours to make, but rather, our client has full control over accepting or denying proposed solutions. Our client gets to determine whether we accept a settlement package or we seek further compensation in the courtroom. Our clients are the voice behind the big decisions, especially in terms of how much compensation they feel is fair and just.
Most personal injury attorneys will talk with you for free about your case and provide advice on how to best proceed. We do the same, and in all honesty, there is no advantage in charging people to discuss their situation with us because most people would not benefit from legal guidance. 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.
You should take your time in selecting a law firm because you want to find the one that works best for you. While not all ratings are equal, looking at all of the different pieces of information is still valuable. 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.
Finding an attorney that you feel you can trust is step number one. The most telling attributes of a lawyer is the way her or she interacts with people, how much experience he or she has acquired, and whether or not they uphold their client in court. The client comes first, always, so make sure you lawyer acts in accordance with their fiduciary duty.
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. With very few exceptions, there are usually no second chances with cases that appear in court. 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.
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.
Most settlements end in a compromise between the parties. Neither side receives exactly what they hoped for. It is more important to lessen the risk of harmful losses than it is to receive all that you want from the settlement. 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. There is less stability in situations where medical care is still being received. Not being given a numerical amount that is set in stone makes them worry that they will owe much more than they are agreeing to compensate. Unfinished medical treatment means more payments will be made along the way and that is a stress inducer. 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. 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.
Value is often very hard to determine because each case is unique. 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. Perspective is everything, meaning that one injury that sounds more severe may not be worse than the other. 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. A situation where someone suffered whiplash tends to receive higher rates of compensation than someone with a broken rib.
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 prefer not to open a case until the injured party is healed. When injuries are fresh and painful, it can be difficult for our client to think clearly during 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. Once a case has been settled, it cannot be reopened and you cannot try the defendant for the same liabilities, so we strive for the best possible outcome every time.
We put a pause on drafting the negotiations until the client no longer requires future medical attention. Our settlement packages are based off of the treatment our client had to seek in order to heal their injuries. 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. Receiving them is not the end of the process, however, because we then need to analyze them and make sure the files 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.
After we have ascertained that all necessary information is present, we can proceed with the analysis portion, which takes a few weeks as well. The next step, after creating a settlement package, is to mail it to the insurance company responsible for the defendant’s reimbursement monies. 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. 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. This can be done via email or telephone. 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 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. 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!
A period of anxiety may follow after you incur a serious injury and make it stressful for you to follow up on other matters, such as financial recoveries and compensation. That is why we offer the residents of the Renton, WA area personal injury lawyer services.
Our Renton area personal injury lawyer will help relieve some of that stress. If you are a victim of an injury that has immobilized you, we understand it may be difficult to come see our personal injury lawyer. Instead, we make it easier by having our personal injury attorney come to you.
At Wiener & Lambka, we have a highly qualified personal injury attorney suited to you. For each case, we ensure you of an experienced personal injury lawyer who specializes in your injury. We have long history serving the Renton area, and Renton area residents can always count on us when they need a personal injury lawyer.
Come to us for a personal injury lawyer in the Renton area because:
We have a personal injury attorney to help all Renton area residents with their personal injury cases. Whether you are seeking compensation or dealing with insurance or medical issues, our personal injury attorney will help so you only have to worry about your recovery. We assure you that a highly recognized and experienced personal injury attorney will handle your case.
In the Renton area, our personal injury attorney can help with:
We have an excellent personal injury attorney suited to you. Do not hesitate to contact us when you need a personal injury attorney.
Contact a personal injury lawyer at Wiener & Lambka in the Renton area. If it leads to a personal injury case, we are more than prepared to help you get what is rightfully yours. We have a well-qualified personal injury lawyer for you, no matter which personal injury case you face.
Choose our personal injury lawyer in the Renton area because:
If you are in the Renton area, come to us for a personal injury attorney today.
"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“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 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“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 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“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“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“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“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
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