Medical Mal-practice claims are hard to prove.
Comparative negligence law means that more than one person can be held liable for a percentage of the cause of a personal injury.
Hospitals and medical centers are often the scenes of personal injury accidents.
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Frequently Asked Questions
What is a personal injury lawsuit?
A personal injury lawsuit is a “tort” claim for compensation filed by an individual who has been harmed by another person’s negligence or recklessness. A personal injury claim can also be filed against a business, corporation or governmental entity that is responsible for the injury of another.
How do I know if I have a personal injury case?
If you have sustained an injury to your person or property due to another person or even a governmental entity’s negligence, you are entitled to file a personal injury lawsuit and receive compensation for it. A personal injury is not limited to physical injuries. Personal injuries can encompass a range of emotional or mental distress also.
Is there a time limit to file a personal injury lawsuit?
Individual states set time limits or “statutes of limitations” in which you have time to file a personal injury lawsuit. You may lose your legal right to compensation if you miss the deadline for filing your claim for damages. In the state of Washington, you have three years from the date of your injury to file a personal injury lawsuit.
What kind of compensation can I expect to be awarded for my personal injury case?
You can expect to be awarded compensation for:
- Emotional pain and suffering
- Medical expenses
- Lost wages or loss of employment
- Lost earning capacity in the case where you lose your ability to return to work
- Necessary and ongoing treatments for your injury
You may also be awarded punitive damages if it is proven that the defendant willfully and intentionally acted with malicious intent to cause you harm.
What should I bring with me when I first consult a lawyer about my claim?
Bring any documents that might be relevant to your case for your attorney to see. For example, you should bring police reports, eyewitness statements and details about the conditions surrounding the accident. Other things you should bring would be a copy of your medical reports and medical bills. If you have information about the insurance company of the person who caused your injury, that should be given to your attorney too. Bring pictures of the scene of the accident if you have one. Your attorney will be able to make a better assessment on your claim when he has more information to base your case on.
What happens if the injured person dies before his case is settled?
When a person dies as the result of the personal injury they are suing for, the spouse or other close family member can file a wrongful death action. If a plaintiff dies due to other causes before their personal injury case is settled, the injury claim usually continues as part of the deceased person’s estate. Any award won would go to the estate to be dispersed by the executor.
Do I have to prove my claim of personal injury?
In all personal injury lawsuits, the plaintiff has the burden of proof. You will have to prove by a preponderance of evidence that your injuries were a direct result of the defendant's negligent or reckless actions.