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. 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.
A court case dating back to 2005 resulted in this Supreme Court outcome.
The husband kidnapped her three children and she reported him to the police. Despite making several requests for the police to find her husband and the children, they took no steps to do so.
The father ultimately murdered her three children, prompting the woman to file a suit against the police for their inaction.
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 legally allowed to use discretion in their decision-making along these lines.
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 clear example of a breach of a duty is when a driver fails to stop at a red light and subsequently causes a collision with another car. 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.
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. 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 last question to address is whether or not the injuries were a direct result of negligent behavior. Everyone has an idea of what the word harm means. 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. Proving that the negligent actions caused harm by displaying evidence is just as important to a personal injury case as showing that the defendant acted negligently.
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. Even though the other driver was clearly negligent, there was no harm involved.
This is not to say that you were not emotionally drained or frightened by their actions. 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/
Many personal injury law firms will charge a small fee to meet with you and discuss your situation. Wiener and Lambka, PS, will not charge you for a consultation. 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. Many factors, like insurance aid and medical attention, come into play with personal injury cases. Many personal injury attorneys don’t fully understand each of these areas of law themselves. Your personal injury case is unique to you and it should be treated as such.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.Those happen all the time. 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. 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 a date by which you must either resolve, or properly file and serve, your lawsuit against the negligent party. Washington has its statute of limitations for personal injury cases set at 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. Consult an attorney immediately if you think that you have a case.
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. Lawsuits are not expeditious in nature and waiting too long to begin may cause the case to continue past the three-year mark.
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. It is imperative that you collect information about the person you intend to sue. Without identifying information for the person who caused your injuries, there is no way to sue. 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.
You need to be able to trust your lawyer. Your case will either end in mutual agreeance or in a trial overseen by court officials. 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. Whether we accept the settlement or we call upon the court for guidance is up to our client. The client gets to decide how much money they are willing to settle for as well.
Many personal injury law firms offer one-on-one consultation meetings with lawyers at not cost to you. 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 more important your case is to you, the more important it is that your promptly find legal advice on how to best handle it.
Selecting a law firm to hire onto your case is imperative to success with your case. Reading client reviews and researching the tactics implemented by law firms is a good place to start. We take a lot of pride in the fact that most, if not all, of our clients endorse us and our services. You can explore reviews our clients have written about us here.
Finding an attorney that you feel you can trust is step number one. Look for experience, interpersonal communications skills, a commitment to professionalism, and advocacy for their clients. 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.
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. Once a case is closed, it can very rarely be reopened. You won’t ever get a chance to come back later for another bite at the apple. 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.
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. After heart disease, cancer, and respiratory illnesses, car accidents were the fourth main incidents that resulted in death. The CDC released a more exhaustive explanation of their estimates on their page devoted to accidental injuries.
Many personal injury cases do not require a trial, seeing as they end in a civil agreement. 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 plaintiff strives to receive enough compensation to account for their losses and acquired monetary responsibilities as a result of the injury.
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. 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.
Insurance providers do not offer lump sums right away, but rather, they’ll start out with small amounts. They want to see how little they can offer. 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 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. 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. They both may have the same value in terms of the patient’s pain, suffering, and loss of enjoyment of life as well. A broken rib calls for less medical attention and follow-ups than whiplash. 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.
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.
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. 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. 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.
Accordingly, we wait to pursue negotiations in cases until our clients are in a position to know the most about the future. Our settlement packages are based off of the treatment our client had to seek in order to heal their injuries. Medical records alone take approximately 8 weeks to arrive on our desks. While many providers respond promptly to requests for records and bills, there is almost always a provider who does not. Moreover, the records have to be reviewed in order to ascertain whether or not they are complete. More often than not, we discover that pieces of the records are missing, so we must request further information. 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. The next step, after creating a settlement package, is to mail it to the insurance company responsible for the defendant’s reimbursement monies. Once all of this is done, some negotiations can be completed within a week. It is important to remember that they can take upwards of weeks or even months. The only reason we would have to file a lawsuit is if we are unable to mutually agree to some sort of settlement on our own.
We will not bill you for your initial consultation with us. We can conduct the initial meeting over the phone or through emails. During this discussion, we’ll go over the incident, speak to our abilities, and collectively determine if we are the right match for you. We want nothing but success for you as the injured party, and if we feel that we cannot help you achieve that, we will refer you to someone who is better suited.
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. 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 are willing to meet you wherever is most convenient for you, so just let us know what you would prefer, and we will comply!
When you have been wrongfully injured due to the fault of someone else, you need a lawyer-or more specifically-a personal injury attorney to handle your case. If you are looking for a lawyer in such a case, we can help. We, at Wiener & Lambka serve as the personal injury lawyers in Woodinville, WA.
As personal injury lawyers in Woodinville, we have been ardently representing those who have been injured by the fault or negligence of someone else. As personal injury lawyers in Woodinville, we provide the following services:
As dedicated personal injury attorneys, we work for the interest of our clients. As your lawyers, we offer the best and personalized services, unparalleled support, cordial relationships and respect your requirements and objectives.
Nursing wounds that have been inflicted due to the fault of someone else are difficult to handle. You not only have to deal with recuperating from the injuries, but have to deal with other things such as:
As your personal injury attorneys in Woodinville, we offer the best legal representation. As your personal injury attorneys, our objective is to get you a favorable verdict by way of suitable compensation for the losses that you are suffering from.
As your personal injury attorneys in Woodinville, we are always available to take your call. You can contact your lawyer at any time.
When you choose us to be your personal injury lawyers in Woodinville, we respond quickly to preserve all pertinent evidence. As your lawyers in Woodinville, we would provide you the following services:
As your personal injury lawyers in Woodinville, we are committed to getting you a favorable verdict. Therefore, we put in every effort to have an edge over our opponents-the defendants, insurance companies and their counsel in this case.
If you have been wrongfully injured by the negligence of someone else and you are seeking the help of an experienced personal injury attorney in Woodinville, call us at 1-800-680-8112.
“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“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“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“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 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 took care of the leg work for me and even managed to get a larger settlement than expected.” - J. Hanson“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 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“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
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