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. 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? If they had a legal duty to uphold but still acted negligently, then we can file a legal claim on your behalf.
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. 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.
After her children went missing, the woman figured out that he had taken their children and she reported the kidnapping to the police. 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.
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. 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.
After determining that the person held a legal duty, we must show that their actions were negligent and derelict. 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. Driving laws are there to protect people on the road and one of the most important rules is that drivers come to full stops when the traffic lights turn red.
Negligence is defined as unruly behavior that results from the failure to adhere to regulations, causing damage in the process.
Negligence is a difficult thing to prove in most other contexts. 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 question is whether or not the negligent actor caused the suing part harm. Everyone has an idea of what the word harm means. Harm is an overarching term that includes lacerations, physical injuries, automobile damage, monetary burdens, and life setbacks, to name a few. 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.
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. If they continue to drive by and no collision occurs, then you do not have a lawsuit. Remember: personal injury lawsuits can only progress if harm and negligence are both present.
You were inconvenienced, certainly, and likely scared. 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. 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.
If the defense attorney can invalidate your claims, then the case is weak and your chances of receiving compensation are lessened. 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.
Learn More: https://www.wienerandlambka.com/areas-practice/
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. Send us a message and we’ll get back to you regarding your inquiry.
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. There is a lot of information involved, pertaining to subjects like insurance, the legal system, and medical care. Many personal injury attorneys don’t fully understand each of these areas of law themselves. Your case may share similarities with other personal injury situations, but personal injury cases are never the same. Your personal injuries may stem from a very common situation where the car behind you fails to stop and runs into your bumper. Occurrences like this are widespread.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. 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. 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. The statute of limitations for personal injury cases in Washington State is 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. 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.
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. 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.
It is important that you find an attorney that you trust. 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. 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. 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 sooner you address your situation, the more beneficial your outcome will be for you.
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. 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. Look for experience, interpersonal communications skills, a commitment to professionalism, and advocacy for their clients. 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. Every step taken in the process is important because there will be no opportunities to correct errors. 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.
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. You can read more about the CDC’s findings on their website.
Most times, the defendant and the plaintiff come to some sort of compromise. 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.
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. The defending party might try to claim that you intentionally impeded your recovery.
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 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.
It is difficult to attach a dollar amount to your situation because harm is not constrained to expenses. This is where compromise comes into play. Once an offer is made and accepted, the opportunity of getting more, or of the other side doing better, is eradicated.
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. 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. Since it is nearly impossible to gauge emotional discomfort and inconvenience, most personal injury cases look at the monetary value of the treatment and healing process. Each case will have a different value depending upon the effects of the injury on each person’s life.
Personal injury damages include, but are not limited to, the following:
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 prefer not to open a case until the injured party is healed. 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 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.
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. Medical records alone take approximately 8 weeks to arrive on our desks. 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. More often than not, we discover that pieces of the records are missing, so we must request further information. Having to wait longer for content we initially requested adds time to the already lengthy waiting period.
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. After compiling a settlement package, we send it to the defendant’s insurance provider for review. The insurance provider can respond to our settlement package at any point after reviewing the document, offering any recommended adjustments for our requests. 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. 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. We are honest in our approach and we will truthfully tell you if we do not think we can help you to the greatest extent.
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. At that point, we will discuss the legal circumstances and requirements for your case. 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!
Accidents can happen anywhere, but you need to get the proper aid at the right time so that your injuries do not get aggravated. In such a case, it is also essential that you seek a lawyer-or specifically-a personal injury attorney that can help you get a fair compensation.
We, at Wiener & Lambka serve as the personal injury lawyer for SeaTac, WA residents. As experienced personal injury lawyers in SeaTac, we know how important it is for innocent victims to have a reliable lawyer. You need the services of experienced personal injury lawyers in SeaTac for the following reasons:
With us as the personal injury attorneys, SeaTac residents can relax and be relieved of attending any court sessions unless it is unavoidable. As your lawyers, we are committed to your well being and therefore, handle all issues easily.
Getting injured in an accident not only leaves you physically traumatized but drains you mentally as well. Insurance companies want to get off the hook by paying off penury compensation. Therefore, you need a competent personal injury attorney in SeaTac.
You need a motivated personal injury attorney in SeaTac who can represent you and get you your rightful compensation. As we have the required experience working with insurance companies, we provide you the following benefits when you choose us to be your personal injury lawyers in SeaTac:
We represent you as your personal injury attorneys in SeaTac, and fight for your cause.
As your personal injury lawyers in SeaTac, we are committed to providing you the most suitable representation. As your lawyers in SeaTac, we would help you get:
You can rely on us as your lawyers in SeaTac because we have the experience of handling all personal injury cases.
If you, or any one in your family has been wrongfully injured and you contemplate legal recourse, you would need a reliable personal injury attorney in SeaTac. Call us at 1-800-680-8112.
“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"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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"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“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“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins“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“You minimized my stress levels on a process foreign and scary to me. Very professional, caring, and patient with me.” - A. Maas“Wiener & Lambka took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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 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
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