Personal Injury

washington personal injury law

What is a Personal Injury Claim?

A personal injury claim is a legal process initiated by an individual who has suffered harm due to another party’s negligence or intentional actions. This claim seeks compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related costs. The goal is to restore the injured party to the position they were in before the injury occurred, as much as possible.

If you were injured in Washington State, it is highly recommended to contact a local personal injury attorney who can answer your legal questions and calculate the true value of your claim. The way that the claim is handled and resolved will depend on the particulars of your case and the Mount Vernon Personal Injury Lawyer you choose to represent you.

Types of Personal Injury Claims: Washington Personal Injury Attorney

Personal injury claims cover a broad range of injuries and legal definitions. Common scenarios for personal injury claims include car accidents, slip and fall incidents, medical malpractice, and wrongful death.

Wrongful Death

When a death occurs in a personal injury accident, the negligent party may be liable for damages. In some cases, the negligent party is a physician or caregiver, but car accidents are the number one cause of wrongful death claims.

RCW 4.20. 010 states that beneficiaries of action may include the decedent’s spouse, state registered domestic partner, or child or children, including stepchildren.

Slip and Fall

When a person slips and falls on the premises of another’s home or business, the owner of the premises or business may be liable.

Auto Accidents

When an individual is injured as a result of the negligence of another driver, the negligent driver will be responsible for the other party’s damages less any liability assigned to the injured party.

Medical Malpractice

When a personal injury occurs as a result of the negligence of a medical professional, the medical professional or hospital may be liable.

Other types of personal injury cases include:

Personal Injury Terms

Negligence (Unintentional Torts)

A tort is a negligent act that is committed by one party, which causes harm to another. Although the act is unintentional, the negligent party may still be liable for damages. In Washington State, a legal doctrine called “pure comparative negligence” is used to assign fault appropriately. This legal doctrine allows jurors to take into account any negligence by the injured party and subtract that amount from the damages awarded. For example, a case where a person is injured in a car accident where they were hit by a driver who ran a red light but they were speeding at the time of the accident. A jury can decide that the driver who ran the red light is 80 percent negligent and the driver who was hit while speeding was 20 percent negligent, which means that the plaintiff would only be awarded 80 percent of the total damages.

Assault or Battery (Intentional Torts)

An intentional tort is a wrongful act that is committed on purpose. A common example of an intentional tort is a violent act such as assault or battery. The person who deliberately caused the injury is liable for damages whether they intended to cause harm or not.

Burden of Proof

In personal injury cases, the burden of proof is the requirement that the plaintiff (injured party) must prove that they’ve suffered harm because of the defendant’s negligence.

Comparative Negligence

Comparative negligence is a rule that allows the injured party to seek compensation even if they’re partially at fault for a harmful incident. The term “comparative fault” is also used in relation to comparative negligence.

Damages

Damages are the amount of money awarded in a personal injury case to compensate the victim for their losses and injuries. “Damages” is also sometimes used instead of “losses” to refer to harm a plaintiff has suffered.

Liability

Liability refers to a party’s legal responsibility or accountability caused by their actions (or failure to act).

Strict Liability

Strict liability is a type of tort law that imposes liability on a person or organization without finding fault, such as negligence or intentional tort. For example, strict liability is used when suing a person or company that engaged in a dangerous activity that caused an accident, a person or company who created, or manufactured a defective product, or the owner of a pet involved in a personal injury. A claimant only needs to prove that the injury occurred and that the defendant was responsible.

Product Liability

Product liability is the area of law that holds manufacturers, distributors, suppliers, retailers, and others who make products available to the public responsible for the injuries caused by the products they manufactured, distributed, supplied, or sold.

The Washington Product Liability Act follows a two-step approach to product liability. The first step answers whether the product meets the ordinary expectations of the consumer. The next step is a walkthrough of the risk/utility test determining the likelihood of injury and the existence of warnings.

car accident injuries

Should I Pursue a Personal Injury Claim?

If you or a loved one has been injured in an accident, you may be wondering whether you should pursue a personal injury claim. The only way to know for sure whether you have a case is to meet with a personal injury lawyer for a free case evaluation. The lawyer will fully evaluate your situation and advise you on your legal rights.

 

If you are thinking that you can save money by negotiating directly with the insurance company you should note that people who have hired personal injury attorneys typically receive more than five times the settlement than if they negotiate alone. If you feel that the at-fault insurance adjuster has offered you a fair settlement, it is still in your best interest to get an opinion from an accident attorney. During the free consultation, you can determine the best way to proceed.

 

Disclaimer: State and federal laws in the United States change on a regular basis. Any information provided in this guide is meant solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case and provide an effective plan for counsel.

Seek the help of a Mount Vernon Personal Injury Attorney

If you or a loved one is dealing with an accident or injury because of the negligence of another, you have enough on your plate. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the competent Mount Vernon personal injury attorneys at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation! We have been representing residents of Skagit County, Island County, Snohomish County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!

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