Suffering an injury that may have been avoided is both painful and frustrating. Many persons who have suffered a personal injury because of someone else’s negligence, must cope with the repercussions of the incident in numerous aspects of their lives. Such as impacting their quality of life physically, emotionally, and mentally. Fortunately, there exist statutes in Washington state law that protect persons who have suffered personal injuries.
What Constitutes Personal Injury in Washington State?
Many situations fall under the category of personal injury and personal injury can take numerous forms, ranging from being injured in a car accident to suffering because of medical negligence or defective drugs and products. Depending on your situation, different legal approaches are required.
Before suing for injuries, it’s helpful to understand important terms in personal injury cases.
“The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances.” Wikipedia
When it comes to legal definitions, it’s important to understand how Washington state sees liability in personal injury lawsuits. It is crucial to prove negligence in order to recover damages.
Contributory fault is a circumstance in which both parties (you and the other party) are to blame for the injury. In essence, you can sue for damages whether or not you were partly responsible for the injury.
Personal vs. Bodily Injury
Personal injury is a legal term that is regularly used in civil court. It includes physical, emotional, and psychological damage. In criminal court proceedings, bodily injury is usually used to refer to injuries inflicted by a victim of another crime, such as assault.
How to File a Personal Injury Claim in Washington State
To establish a personal injury case, you (the person seeking damages) must demonstrate the following:
- You were owed a duty of reasonable care.
- The negligent party acted rashly or violated their duty of care.
- Your injuries were caused by the violation.
- You sustained injury.
It is the injured party’s responsibility to demonstrate that negligence occurred. The injured party must demonstrate that the other person’s, or group’s, lack of care and competence in handling the situation resulted in the personal injury.
Whether your injury occurred in a car accident on the road, at work, in a medical environment, or elsewhere, a skilled personal injury attorney can analyze your case and identify the best course of action to establish fault and recover damages.
Personal Injury Settlements
Insurance companies will be quick to offer the lowest settlement value possible for a personal injury. Without the assistance of an expert personal injury attorney to ensure that you receive the most compensation you deserve, you may find yourself agreeing to a $100,000 settlement when your claim might be worth a million dollars.
How Long Can You Hold Off on Filing a Personal Injury Claim?
In most cases, a person has three years from the date of the accident to file a personal injury lawsuit in Washington state.
It is nearly impossible to initiate a case against the person or corporation that injured you once the statute of limitations has expired. The individual or organization might then file a motion to dismiss the lawsuit entirely.
What to Do After Suffering an Injury
Finding an attorney who genuinely cares about you and will fight for the best possible outcome is essential for presenting a persuasive case. We have a solid track record of resolving accident claims at Cunnane Law, and it is our objective to always provide upper edge legal services that produce results. Plus, we are always ready to litigate the case.
Our attorneys are professionals in Washington state personal injury law and work hard to ensure that clients receive the results they desire.
Have questions about suing for personal injuries in Washington? Contact Cunnane Law in Edmonds, WA today to learn more about your personal injury claim options.
Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.