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. There are three main questions that need to be answered in order to determine if you have a legal right to claim personal injury. 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. 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. 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 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. A scenario where negligence is tricky to corroborate involves the health spector because you must compare the behavior of the doctor in question to all other providers in similar practices. 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. 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. 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. 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.
Showing that the personal who caused you harm did so intentionally is a hard claim to prove. 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 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/
Most personal injury attorneys do not offer a free consultation. We do not charge for your initial consult. 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. For example, you might experience a generic automobile accident where someone struck you from behind. These incidents are more common than you may think. While this aspect of your case may sound really simple and common, your case is still unique to you and the facts need to be analyzed and handled properly. 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. Different measures will be taken, depending on the area of law that your case involves. 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.
Other statutes can apply to cases that might also be considered personal injury suits. Assault, for example, has 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.
Compiling information about the person who caused you harm is a lengthy process in and of itself. 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. 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 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.
We do not personally make the big decision for our clients. Our client gets to determine whether we accept a settlement package or we seek further compensation in the courtroom. 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. All details of a case are equally as important and we take time to review them. The sooner you address your situation, the more beneficial your outcome will be for you.
When looking for an attorney, there are many different resources to help you evaluate your options and ultimately select a firm to hire. Reading client reviews and researching the tactics implemented by law firms is a good place to start. 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 explore reviews our clients have written about us 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. The attorney-client relationship is one wherein the attorney has a fiduciary duty to his client, meaning that the attorney must put the client’s interest above 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. At the end of your case there will only be one settlement or award. Once a case is closed, it can very rarely be reopened. Once the judge rules that your settlement is final, there is no room for alteration. This is why you want to ensure your attorney has your best interests at heart: you have one chance towards receiving what you want.
The Centers for Disease Control made public their data from 2015, demonstrating that motor vehicle accidents were responsible for a total of 37,757 deaths that year. Vehicular accidents were said to be the fourth main cause of death. You can read more about the CDC’s findings on their website.
Many personal injury cases do not require a trial, seeing as they end in a civil agreement. 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 person who sustained injuries usually just wants to be reimbursed for the financial burden the injuries created.
If injuries have healed and are a thing of the past, then it is easier for the injured party to reach a settlement. When injuries are still being treated by medical personnel, it may spark a sense of discomfort in the minds of the defending party. 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. 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. 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. 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 cases are unique. 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. 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. Compensation is based more so on bills that resulted from injuries than it does any other factor. Each case will have a different value depending upon the effects of the injury on each person’s life.
Other potential forms of damages in a personal injury case include:
Not all personal injury cases are the same by any means, but their duration follows predictable timetables.
First, the client gets to a point where they no longer require medical care. We believe that our clients are in the best mindset when their injuries have been cared for and resolved. The insurance companies and attorneys working on behalf of the defendant are more willing to pay outright than to agree to pay future medical bills, due to the uncertainty they pose. 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.
We put a pause on drafting the negotiations until the client no longer requires future medical attention. 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. While many providers respond promptly to requests for records and bills, there is almost always a provider who does not. 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. 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. The hope is that we can reach an agreement with the insurance company, but if we cannot do so, then a lawsuit begins.
Your initial meeting with Wiener & Lambka, PS, is free of charge. 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. 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. That way, you are fully informed about your case and what representation entails. 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 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!
At times, even the simplest of accidents can leave you seriously injured, causing temporarily disability to work. You can enlist the help of a lawyer-or a personal injury attorney in such a case. We, at Wiener & Lambka serve as the personal injury lawyers in White Center, WA.
You can file a lawsuit for damages through us as your personal injury lawyers in White Center. We would help you get compensation in the following cases as your personal injury lawyers in White Center.
As the cases of personal injury are very complex, you need to find a reliable personal injury attorney who can handle your case competently. Your lawyer should be able to represent you well and get you fair compensation.
Since it is not very easy to prove a case of negligence, you need a competent and experienced personal injury attorney in White Center to handle such a case. We can be that personal injury attorney in White Center because we fit the description well.
Having vast experience as personal injury attorneys in White Center, we help you get claims for the following:
As your personal injury lawyers, we prepare the case properly and get all the required documents from the various departments to file a powerful representation.
Innocent accident victims are often harassed by insurance companies as well as the defense counsel of the guilty party. Therefore, to be rightfully represented, you need a competent lawyer in White Center.
You can choose us to be your lawyers in White Center to represent your case. As your lawyers in White Center, we enlist the help of the following experts to present a good case:
When looking for the most suitable personal lawyers in White Center, you can consider us since we are experienced, reliable and reputed. We have several clients that can vouch for the favorable verdicts that we have obtained for them.
If you have been injured due to the negligence of someone else, and you are looking for legal assistance from an experienced personal injury attorney in White Center, call us at 1-800-680-8112.
"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“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“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“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“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“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 & Lambka always kept me up to date with my case. I'd certainly suggest them to a friend." - J. Trujillo“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“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“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“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
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