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. Not all situations where one person’s actions or inactions result in a legal claim. There are three main questions that need to be answered in order to determine if you have a legal right to claim personal injury. 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.
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.
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. Even though she reached out to the police department, they were unresponsive and no progress was made in the search for her children.
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. 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 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 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.
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. 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.” 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. 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.
For example, say you are driving home and someone in an oncoming lane runs a red light, causing you to have to stop suddenly. Running a red light is blatant negligence, but if their vehicle did not crash into yours, you cannot sue them for their actions. Remember: personal injury lawsuits can only progress if harm and negligence are both present.
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. The defense attorneys will challenge your claim that their client acted negligently and subsequently caused your 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 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. These factors are subjective, meaning that the defendant can very easily call upon in a doctor of their choosing to argue that the care someone received is not reasonable care or is not directly related to the incident itself.
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. 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. Personal injury cases are very complex, involving multiple institutions such as your insurance provider, medical professionals who cared for you, and the court system. Many personal injury attorneys don’t fully understand each of these areas of law themselves. Your case is unique, no matter how commonplace a component of it might seem. 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. The sooner you reach out to a personal injury lawyer, the sooner the details of your case can be reviewed and a case can be built. Depending on the details of your case, there are multiple different outcomes that could happen. 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. Failure to comply with the statute will result in the loss of your legal rights to 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. Assault, for example, has a two year statute of limitations. Reach out to a trusted lawyer as soon as you believe 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. Lawsuits are not expeditious in nature and waiting too long to begin may cause the case to continue past the three-year mark.
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. Without basic facts, it is impossible to preserve your legal rights. 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.
Even though you are provided three years to open a case, we strongly encourage that you begin the process immediately. Contacting an attorney immediately when you have a personal injury matter is the most important thing you can do.
Trust is the foundation of all attorney-client relationships. There are two possible outcomes of your personal injury case: either you go to court or you settle the matter without the court system intervening. No matter what results from the case, you will need to place your trust in the hands of your attorney. All of our clients are intentionally informed of our risk analysis tips so that they can make well-informed decisions on difficult matters.
We do not personally make the big decision for our clients. Whether we accept the settlement or we call upon the court for guidance is up to our client. The client resolves the discussion of how much to accept as compensation, too.
Most personal injury attorneys will talk with you for free about your case and provide advice on how to best proceed. 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. If you are serious about compensation and settling an injustice, you should absolutely reach out to legal council as soon as possible.
When looking for an attorney, there are many different resources to help you evaluate your options and ultimately select a firm to hire. 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:
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. 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. 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.
According to the CDC, an estimated 37,575 deaths that occurred in 2015 were the result of car crashes. 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. This means that seldom does either side get exactly what they want when settling their case. 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.
Settlements are easier if the injured individual has healed from their wounds. There is less stability in situations where medical care is still being received. Insurance providers do not appreciate the uneasiness of ongoing expenses. There is too much certainty circulating when ongoing care is involved. 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 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.
Value is often very hard to determine because each case is unique. This is where compromise comes into play. Settlements are final, so before you agree to an offer of compensation, make sure it is what you want and that you are comfortable with the amount being offered.
All cases are unique. Someone who breaks a rib is as much a personal injury victim as someone who experiences whiplash. Treatment for broken ribs is a combination of taking it easy and resting your body. On the other hand, whiplash is a very costly injury to heal from, due to the medical treatment it requires. 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. 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:
Not all personal injury cases are the same by any means, but their duration follows predictable timetables.
We find it preferable to wait to sue the responsible party until after the client has recovered from the inflicted injuries. When injuries are fresh and painful, it can be difficult for our client to think clearly during settlement. 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. 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. 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. Once all of this is done, some negotiations can be completed within a week. However, not all insurance companies respond to us quickly, sometimes taking upwards of a few months to reply. 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. We can conduct the initial meeting over the phone or through emails. No matter what, we would love to talk to you about the specificities of your situation and inform you about your options. 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.
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 often meet our clients at local coffee shops, libraries, or meeting spaces, but the ultimate location is up to you!
Serious personal injuries sustained as a result of the negligence of someone else can have a devastating effect on your life. You need an experienced lawyer who can help you get the required compensation you deserve.
We, at Wiener & Lambka serve as a personal injury lawyers in Tukwila, WA. As experienced personal injury lawyers in Tukwila, we know that only rightful compensation can bring you solace from your injuries.
Therefore, as your lawyers, we work with the objective of providing the best representation. Our services as personal injury lawyers in Tukwila include the following:
You can rely on us as your personal injury attorneys in Tukwila because we use all our resources to get you compensation for medical expenses, damage to property, and loss of income. As your lawyers, we ensure that your legal rights are not challenged.
When you have sustained serious injuries and you are rendered incapacitated to work, there is the added pressure of meeting all your regular bills besides the increasing cost of medical care.
You need the support of a personal injury attorney in Tukwila who can help you get the rightful compensation. You can choose us as your personal injury attorneys in Tukwila because we enlist the help of the following people to ascertain the nature and scope of injuries:
As your personal injury attorneys, we ascertain the seriousness of your injuries and calculate the value of your lost earnings, in addition to the rising medical expenses. Then as your personal injury attorneys, we demand the same from the insurance companies. As your lawyers, we make sure that you are not harassed or pressured at any time.
The representation by an experienced and competent lawyer in Tukwila can be the difference between getting the rightful compensation or a below average compensation. You can choose us as your personal injury lawyers in Tukwila because of the following qualities that we possess:
Whether you have been injured in an automobile accident or have been injured at the workplace, you need the help of a personal injury lawyer in Tukwila who can represent you.
If you have been a victim of an accident caused by the negligence of someone else and you are contemplating legal action, you will require the help of a personal injury attorney that caters to Tukwila. Call us at 1-800-680-8112.
“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"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“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“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“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"Wiener & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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“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“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
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