Personal Injury FAQs
- What is a personal injury?
- If I have been injured, what information should I collect regarding my injuries?
- How do I know if I need an attorney?
- What remedies are available on a personal injury claim?
- What is wrongful death?
- I was injured but may have been partly at fault. Do I still have a case?
- Will I have to go to court?
What is a personal injury?
A personal injury is any injury caused to a person by another's wrongful, negligent or willful act. Personal injuries differ from case to case, depending on the facts and circumstances, but some of the more common personal injuries occur due to the following:
- auto accidents;
- other vehicle accidents, such as trucking, motorcycle or SUV accidents;
- construction accidents;
- dog bites - you may have a case even if the dog was on the owner's property and it was not known that the dog had any propensity for viciousness;
- dangerous, defective or mislabeled products, such as products with inadequate warnings, dangerous drugs, products that have been recalled;
- slipping and falling in a public place or place of business;
- professional malpractice
If I have been injured, what information should I collect regarding my injuries?
First and foremost, you must collect all details of the incident, including notes on the circumstances that gave rise to the incident, witness names and the extent of injuries, information about the at fault party. In addition, it is important to obtain photos of the place of the accident and any property damage. It is critical that you obtain the name, address and phone number of the at fault party.
If a physical injury has occurred, seek medical attention immediately and keep up with all of your medical and pharmacy bills. Eyewitnesses should also be noted, including the phone numbers of any witnesses. If any reports are filed, such as an auto accident report or an injury report in the case of premises liability, such reports should be obtained.
How do I know if I need an attorney?
In order to have your personal injury claim represented in a proper and accurate way adhering to all legal procedures one should consult with an attorney. Many times, the insurance company will attempt to settle your claim for far less than you deserve. An experienced attorney will guide you through the process and negotiate aggressively with insurance adjusters and defense attorneys in order to see that you get what you deserve.
What remedies are available on a personal injury claim?
A person suffering from a personal injury due to the negligence of others can claim any actual damages that were proximately caused by a wrongful or negligent act of another person. Actual damages refer to the monetary compensation that should be provided in order to make you whole. In other words, put you back in the position you were in had the injury not occurred. Apart from this, the injured can recover the amount paid for health care (including the amount that will be spent in the future for the treatment of the injury caused from the negligent act), damages for scarring or disfigurement, property damage, repair costs, and lost wages or loss of future earnings.
If the victim dies because of his or her injuries, the victim's heirs may have a wrongful death claim against the wrongdoer. Generally, the decedent's spouse, children, or parents are the ones who recover in the case of wrongful death.
What is wrongful death?
A wrongful death occurs when a wrongful and negligent act results in death of a person. Family members of the deceased can maintain a suit for wrongful death caused by the negligent.
I was injured but may have been partly at fault. Do I still have a case?
Washington recognizes comparative negligence, which means that even if the injury caused to you is partly because of your negligence, you may claim compensation from the other persons who have contributed towards the injury caused to you. The court will consider the combined negligence of all sued person who has contributed to cause the injury and decide the percentage of compensation each one is liable to pay you.
Will I have to go to court?
Not necessarily. Many times, an experienced law firm can resolve your case through settlement outside of court. In some cases, depending on the facts and circumstances of the case you may have to go to court in order to maximize the outcome. If you or a loved one is contemplating pursuing a personal injury claim, contact the Weyer Law Firm to discuss your options.