A personal injury lawsuit WA State is filed to recover damages for people who were injured because of the negligence of another. Cases involving serious, long-term injuries can yield large settlements but even with less serious injuries people can recover substantial damages for medical expenses and lost wages during recovery. In addition to monetary compensation, a lawsuit brought by a personal injury lawyer is a way to hold the negligent party responsible for their action or inaction.
A personal injury claim should be pursued as soon as possible after the accident because all personal injury cases have a statute of limitations. A statute of limitations means that you have a set amount of time from the date of the injury to file a claim or your case will no longer be accepted. In Washington State the statute of limitations is generally three years. A personal injury lawyer will assess your situation and advise whether a lawsuit is the right approach to seek justice.
Depending on the severity of your injury, medical expenses and other financial losses can be devastating. The type of injury will affect the damages awarded in a personal injury lawsuit. Some examples include:
A personal injury lawyer expects the defendant to hire a defense attorney who will vigorously attempt to reduce or eliminate the negligent party’s liability in the accident. A good personal injury attorney acts as an experienced and professional adversary who will overcome the common tactics used by defense and insurance lawyers. He or she will interview and retain witnesses, investigate and research issues and gather supporting documents.
There are many steps involved in filing a personal injury lawsuit. A personal injury lawyer starts building a case by gathering all relevant documents and evidence required for a successful outcome. He or she will interview all witnesses, retain expert witnesses and may schedule medical evaluations of your injury to gather independent medical opinions about the cause and extent of your injuries.
After the information has been gathered and expert witness interviews have been conducted:
Patience is required for a personal injury lawsuit. In most cases attorneys are able to work out a settlement without going to trial, but it can take several months or more to come to an agreement. A settlement is often a more desirable solution since a trial typically takes longer with increased costs and there is a chance that the other party will appeal any trial decision.
A good Washington State personal injury attorney will attempt to settle your case out of court or with arbitration but sometimes it’s necessary to try a case in court. Every state has laws governing the way it handles personal injury cases and it is beneficial to understand some basics including how a jury awards damages in your state. Here we will discuss personal injury damages WA State.
In Washington State, two levels of courts are used for Personal Injury cases. The district court level handles Personal Injury cases worth less than $50,000 and the superior court level handles Personal Injury cases worth more than $50,000.
The right to a jury trial in Washington State
In Washington State defendants have a right to a jury trial. The accused has the right to a trial by an impartial jury from the state and district in which the incident allegedly occurred.
Reviewing the evidence in an injury case
Most jurors pay reasonably close attention to the evidence during the trial and most courts now allow jurors to take notes during the trial.
When deliberations begin in the jury room after the trial, jurors will usually review the evidence quite closely with each other. They cannot have a transcript of the testimony; they must rely on their memories and their notes, but they are allowed to have all of the trial exhibits with them. They will usually discuss the evidence until they are all satisfied that they have a good handle on how the accident happened.
In an relatively straightforward case, that could take less than an hour, but, in a more complex case, that could take days. After they have figured out the facts, the jurors will turn to the law.
The more complete the information you provide, the better your personal injury lawyer will be able to help. When you arrive for your consultation try to have as much of this information gathered as you can:
If you or a loved one is dealing with an injury caused by no fault of your own, you have enough on your plate. Let an experienced personal injury attorney fight for the justice and fair compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring injury attorneys at Tario & Associates, P.S. in Mt. Vernon, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!