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Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What Is Negligence?
In Washington, negligence refers to a failure to exercise the care that would be expected of a reasonable person in similar situations. Sometimes negligence is easier to prove than in other scenarios. For example, if you were hurt in a motorcycle, truck, bus, or car accident because another driver was under the influence of alcohol or drugs at the time, it is much easier to argue that they were negligent and caused your accident. In some cases, however, you may not know why the driver caused the wreck or lack evidence to show that they were distracted or asleep at the wheel.
In some very rare personal injury cases, an individual’s suffering may also be caused by an intentional act. However, it is typically the case that negligence applies because of a failure to act or some improper action that led to injury, harm, or death.
Proving that someone else was negligent is critical for any victim who intends to recover compensation. It falls to the victim in the accident to illustrate that the at-fault party is responsible for their injuries, and you can do this with the help of a personal injury lawyer in Tacoma.
What Is Bodily and Personal Injury?
In criminal court cases, “bodily injury” typically refers to the injuries suffered by someone who was a victim of assault or another serious crime. Personal injury, however, is the legal term referenced in Washington civil courts and is associated with emotional, physical, and mental damage that a victim incurs due to someone else's negligent actions.
What Is Contributory Fault in Washington?
Contributory fault refers to lawsuits in which both parties may have some level of fault for the injuries incurred. You may still be eligible to file a claim with the help of a personal injury lawyer in Tacoma if you are partly responsible for your injury. However, your compensation could be reduced in accordance with your percentage of fault.
It can be a huge help to hire a personal injury lawyer in Tacoma, who has broad experience in gathering evidence that minimizes allegations and arguments of fault that would apply to you. The sooner you can hire a personal injury lawyer in Tacoma, the easier it will be to recognize some of the potential challenges and pitfalls in the case.
Oftentimes, a defendant or their insurance company may argue that you were partly or even fully responsible for the accident in an attempt to avoid paying out in your claim. However, if you were not responsible in any way for the accident, it falls to you and your lawyer to make a compelling claim about this.
What Is Involved in Filing a Lawsuit?
You must prove that you were owed a reasonable level of care from another person, that the other party did not act reasonably and therefore breached their duty of care, and that this breach was the primary cause of your injuries. This is outlined under the revised code of Washington section 4.24.290. You must show the lack of skill and care with which the other person handled the situation that caused your personal injuries.
Will My Lawsuit Settle?
Most cases involving a personal injury lawyer in Tacoma are resolved outside of court. Settlement conversations can happen at any point after a lawsuit is filed. Sometimes the other parties involved in the suit may be concerned about the uncertainty in the case and may choose to present a settlement offer to you. If you accept the settlement offer, you waive all future rights to continue with or start a new lawsuit in exchange for this lump sum settlement.
You should go into any and all settlement negotiations with a clear understanding of your current and potential future damages, as this information will help you to navigate the road to recovery. Insurance companies often move for a low settlement value as soon as possible to try to encourage you to accept this and move on with your life, but you cannot afford to accept a settlement amount that does not fully or fairly compensate you for your injuries.
How Long Do I Have to File a Lawsuit in Washington?
You have no longer than three years after the date of the accident to file a personal injury lawsuit. The purpose of this law is to prevent people from filing lawsuits many years after their injuries, in which many intervening factors may have affected a medical condition. If you fail to file a lawsuit within the statute of limitations, the judge will dismiss your case, regardless of the strength of the rest of your allegations.
Many of the details related to the accident, including evidence in your own memory from the incident, are fresher immediately after the event. Waiting too long to get legal help could only prolong this process and make it more challenging for you or your attorney to gather the evidence needed.
There's also likely a great deal of stress affecting you and your family immediately after an accident, which makes it less likely that you'll want to reach out for legal help right away. However, the sooner you can get a lawyer on board, the easier it will be for you to navigate this process and to get prompt answers to your questions about your legal rights. Waiting too long could only amplify the stress and may even allow the other parties involved in the case to argue that you were not seriously injured since you waited as long as possible to open a claim.
What Can an Attorney Really Do?
A personal injury attorney is a crucial component of your civil claim and injury case. This person helps you with multiple aspects of damage compensation and recovery and will assist you with avoiding many of the most common pitfalls in these types of cases. It can be very hard to tell what's required of you when first initiating a lawsuit, but a personal injury lawyer in Tacoma can be very familiar with all aspects of personal injury law, the best types of evidence to gather, whether any outside experts such as expert witnesses or medical professionals are needed to tell the story of your accident and conditions, and how to communicate with other stakeholders involved in the case. You'll be working closely with your chosen personal injury attorney, so this should be someone that you trust and who you believe has the experience and knowledge necessary to support you throughout.
You have enough to worry about and don't need the additional stress of getting concerned over the filing or movement in your personal injury case—especially if you have catastrophic injuries or are helping a loved one who is dealing with lifelong injuries or permanent disabilities from an accident. Most of your free time will go towards treating those injuries and adapting to a new life.
At Morgan & Morgan, we know firsthand what it’s like to suffer a tragic accident and to struggle to move forward. That’s why John Morgan started this firm over 35 years ago. If you’ve suffered an injury and need a personal injury lawyer in Tacoma, reach out to us today.
Contact Morgan & Morgan for a free case evaluation to get started.