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. Certain requirements must be met in order to assert that the situation warrants a legal claim. 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. 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 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.
After the husband killed all three children, the mother sued the police department for their failure to take action.
Federal law mandates that all police officers be protected against civil suits because they are legally allowed to refuse to investigate. 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 next question looks to understand if the individual who holds the legal duty caused injuries as a result of their carelessness. 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. 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. Doctors are expected to act professionally, upholding what is referred to as the “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. Harm is a communal term that everyone can understand. 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. 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. 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.
With personal injury cases, there can be some difficulty in proving that the intent behind the injuries was malicious. 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.
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.
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. Send us a message and we’ll get back to you regarding your inquiry.
We do not expect that you know the ins and outs of personal injury when you meet with us. Personal injury cases are very complex, involving multiple institutions such as your insurance provider, medical professionals who cared for you, and the court system. Multiple areas of the law come into play during personal injury cases but not all lawyers are equipped to handle that. Your personal injury case is unique to you and it should be treated as such.Your personal injuries may stem from a very common situation where the car behind you fails to stop and runs into your bumper. Those happen all the time. 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. 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:
It is very important to open a case and file your suit in a reasonable period of time because statute of limitations can keep you from suing if you wait too long. The statute of limitations for personal injury cases in Washington State is 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. 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.
It is vital that you adhere to the legal limitations of your case because if you try to open your case after the expiration date, it will be to no avail. It is especially important to begin the steps of a lawsuit earlier on because the duration of lawsuits can stretch for years.
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. We have had clients come to us without any knowledge of contact information for the driver who negligently caused a collision with them. Without basic facts, it is impossible to preserve your legal rights. 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. 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 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.
We do not personally make the big decision for our clients. The client ultimately decides whether we will sue, settle, or take a case to trial. The client resolves the discussion of how much to accept as compensation, too.
Many personal injury law firms offer one-on-one consultation meetings with lawyers at not cost to you. In many cases, we tell potential clients that they should proceed on their own. 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 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. 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:
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. 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.
You will want to implore the aid of legal council with as much interest in your case as you have, because it shows they are committed and they care about the result. Every step taken in the process is important because there will be no opportunities to correct errors. With very few exceptions, there are usually no second chances with cases that appear in court. 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.
In 2015, the CDC determined that 37,757 deaths that year were caused by vehicle accidents. After heart disease, cancer, and respiratory illnesses, car accidents were the fourth main incidents that resulted in 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. 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. It is an uncomfortable investment into a vast number of medical bills and expenses. 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.
Insurance providers do not offer lump sums right away, but rather, they’ll start out with small amounts. They want to see if the injured party will accept the smaller amount before forcing them to offer larger sums of compensation. 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. 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.
All personal injury cases are different to some extent. Someone who breaks a rib will likely have lower medical bills than someone who has suffered a whiplash injury. 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. 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. 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.
Damages in personal injury cases range in severity and form, including:
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. 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 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. After the healing process has transpired, we collect the medical records of our client and base our settlement package upon the injuries and the care they received. Personal injury cases are long processes, with medical records alone having a lull period of two months, minimum. Not all providers respond to our request for payment history and medical records, so we always anticipate a waiting period. Once we receive your medical records, we then have to comb through the details and make sure nothing is missing in the documents. 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. 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. 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.
Your initial meeting with Wiener & Lambka, PS, is free of charge. 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.
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!
If you or your loved one has been wrongfully injured by someone and you are contemplating legal recourse, you need the help of a lawyer-or more specifically-a personal injury attorney. We, at Wiener & Lambka serve as a personal injury lawyers in South Hill, WA.
As your personal injury lawyers in South Hill, we will protect your rights and get you deserving compensation. You can trust as your personal injury lawyers in South Hill to provide you help in the following cases:
Since each case is unique, we would provide you personalized services as your personal injury attorneys.
Personal injury cases are not easy to resolve. Only a gritty, skillful and experienced personal injury attorney in South Hill can bring the guilty party to justice. As personal injury attorneys in South Hill, we understand this fact.
As lawyers, we also know that it is difficult for families to bear the stress and monetary loss suffered in the course of the accident. Therefore, we serve as passionate personal injury attorneys in South Hill for those that have been wrongfully victimized.
As your personal injury attorneys in South Hill, we can help you get compensation for the following:
As your lawyers, we leave no stone unturned to get you a favorable verdict.
Innocent victims injured in an accident are often unaware of their legal rights. They do not know whom to turn to in case of an accident. We serve as a skilled personal injury lawyers in South Hill and therefore, are the best people to turn to in case of an accident.
You can choose us as your personal injury lawyers in South Hill for the following reasons:
You can trust us as your lawyers in South Hill as this is an important consideration. We assure that all issues and matters would be kept confidential at all times.
If you, or your loved one has been wrongfully injured due to the negligence or act of someone else, and you are seeking the help of an experienced personal injury lawyer in South Hill, call us at 1-800-680-8112.
"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 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“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“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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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“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“Everything was great. It was the best legal experience I have ever had!” - T. Hoskins"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 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“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 get the job done. I appreciated their concern and interest in my case, and would definitely recommend them to a friend.” - Y. Martin“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
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