Personal injury laws in Washington involve monetary compensation for damage to a claimant’s reputation or person. Many cases of personal injury in Washington include negligence in vehicular collisions and premises liability when one is injured on someone else’s property. The following paper will review some of the essential elements of personal injury laws in Washington.
If you want to make a claim for personal injury by negligence, you are supposed to prove four elements:
- The at-fault party owed you a duty of care
- The at-fault party breached their duty of care
- The at-fault party’s breach of duty resulted in your injuries
- You suffered damages as a result of your injuries
Comparative Fault in Washington
There are cases where an injured person is partial to blame for their injuries. If you share some level of fault for your injuries, the Washington law on personal injuries applies a concept called the pure comparative negligence. This means that the damages you will recover will be reduced by a percentage that is equal to your share of blame in the accident. For example, if you recover $10,000 and the judge or jury determines that you are 20% at fault for the accident, your damages will be $8,000.
Strict Liability of Dog Attacks
Many states protect dog owners from being liable for the first time their pets injure someone if they reasonably did not believe the dog was harmful. This is known as the one bite rule. However, in Washington, a dog owner is strictly liable when their dog injures someone regardless of whether it is the first time or not.
Statute of Limitations
The time within which you should file a lawsuit is called the statute of limitation. In Washington, the statute of limitation for making a personal injury claim is three years. If you file a claim after three years, your case may be dismissed, and you will not get any compensation.
No Damage Caps
Some states limit the level of compensation one can be awarded for certain kinds of injuries. In Washington, there are no caps on damage awards. In fact, damage caps are regarded as unconstitutional in Washington.
If you intend to file a personal injury claim against someone who caused you to sustain injuries, it is important to hire an attorney. First, your attorney will gather evidence to prove the negligence of the at-fault party. Secondly, your attorney will advise you on the laws applicable in Washington and how to approach your claim. Finally, your attorney will help you get the best possible damage award by exploiting the no damage cap rule in Washington.
All states are incorporated into the Constitution with respect to the scope of their statute system and proper compliance with criminal defense rights of those who are accused of crimes. The federal government also extends the states significant latitude when establishing those laws that govern behavior within their state. The state of Virginia is one of the original ratifiers to the Constitution, and many of the old original criminal laws are still on the books. Of course, Virginia has continually built their criminal code for approximately 300 years, amassing a comprehensive and contemporary statute base that is applied when crimes are committed. States also have the right to establish uniform court system structure as well, and Virginia is unique in some aspects including the two-tiered local court systems. Legislators have also classified crimes in a standard misdemeanor and felony structure that indicate the seriousness of a charge according to specific case factors being brought before the court. Which, in turn, often means that defendants will need an experienced criminal defense attorney to fight charges that are not always as they are presented by the prosecution.
Misdemeanors are the general level of prosecution in the Virginia court system. Misdemeanors are assessed by class for serious nature of the charge, and will also have set minimum and maximum penalties based on the evidence. Evidence can still be questioned on misdemeanor charges, but defendants are rarely successful when attempting to defend themselves the contesting validity of any piece of evidence or officer testimony. Convictions on misdemeanors do not usually mean jail time, but most carry a significant fine.
Serious crimes in Virginia are all classified as felonies, with certain non-violent crimes being prosecuted as felonies as well. Violent crimes are usually Class 1 or 2 and carry major prison sentences upon conviction. Other criminal acts are classified through Class 6, which is the first class above a Class 1 misdemeanor. They carry a minimum of one-year incarceration along with the potential for fines, which means that all defendants will be required by law to have a criminal defense attorney.
Criminal defense can be complicated, and the state of Virginia has broad authority to interpret what they claim is criminal behavior. However, the state is not entitled to a conviction without proving beyond a reasonable doubt that the defendant did what the state has formally classified and charged. Having an aggressive criminal defense attorney is always necessary in many cases for an acceptable case settlement because charges can be overstated or include inadmissible evidence an attorney could have dismissed from consideration.
In the state of California, there are about 3,000 traffic accident fatalities annually, according to the California Office of Traffic Safety. Thousands are injured on California roadways in car accidents caused by the negligence of someone else. This includes people in and around Carlsbad.
Click here for more information on California accidents.
Compensation for Injuries
Depending on the circumstances of a particular automobile accident, an injured person may be entitled to different types of compensation. A person injured in a car accident because of someone else’s negligence may be entitled to compensation for medical expenses, pain, and suffering, and lost income.
Often, a person is entitled to recover compensation not only for current losses but for those reasonably expected to be incurred in the future. For example, a person may be unable to return to the same position of employment occupied before the accident. As a result, he or she may experience a reduction in income. The injured person is entitled to seek compensation for that diminution in income.
Statute of Limitations
A California law called the statute of limitations requires the filing of a personal injury case within two years of the incident giving rise to the injuries. If the deadline is missed, a person is precluded from filing a lawsuit to obtain compensation, even is his or her losses were significant. This underscores the need to be proactive about retaining the services if a personal injury attorney.
If you are searching for an experienced personal injury attorney in Carlsbad, Ca., contact Yasmine Djawadian at www.carlsbadcaraccidentattorney.com today.
Retain a Personal Injury Attorney
Retaining the services of a skilled, experienced personal injury attorney is the best course to take to protect your rights and interests following a car accident. A qualified personal injury lawyer understands how to take a stand against an insurance company intent on minimizing a claim. Also, a personal injury attorney understands the ins and outs of personal injury law and court procedures.
A Carlsbad personal injury attorney will schedule an initial consultation to discuss a car accident case. The attorney will evaluate the facts and circumstances and propose possible strategies to ensure an optimal amount of compensation for injuries and damages. As a general rule, a California personal injury attorney does not charge a fee for an initial consultation.
California is no stranger to personal injury, with thousands of incidents each year, it’s essential to be prepared and understand the procedures following an accident to ensure you don’t miss important deadlines or earn less than optimal legal compensation, that’s where a personal injury lawyer in Newport Beach, CA can help.
Statute of Limitations
California law states that anyone wishing to pursue a personal injury lawsuit must do so within two years of the dated accident. While it’s still possible to file a claim after the two year deadline, a court will almost always refuse to review your case. The statue of limitations is also significantly reduced to an urgent six months if a person is filing a claim against a government entity in California.
Personal Injury Classifications
Personal injury cases in California are classified into three categories called torts. The first being intentional, which is when a personal injury was caused by an intent to inflict harm. The next is a negligent tort which is assigned to any case that evidently reveals a party’s injuries were caused by another’s carelessness. The final is strict liability which labels any case where a person is found liable for the injuries even though his or her actions were deemed reasonable. Personal injuries are evident in a variety of situations. It is on the claimant and his or her attorney to prove the other party or entity was at fault during the accident, so it’s critical to seek the professional legal representation that you deserve from Guldjian Law. Personal injury accidents don’t only happen with automobiles, other areas of personal injury include:
Slip and fall accidents
Dog or other animal bites
If you or a loved one have sustained any of the injuries mentioned above don’t hesitate, call now or visit here to schedule your free legal consultation with a professional personal injury attorney from the law offices of Guldjian Law APC. Guldjian Law will fight relentlessly for their clients to earn the entitled compensation they deserve, so why wait, you owe it yourself to have the most valiant legal representation on your side.
Car accident cases car result in very extensive injuries. Car accidents also represent one of the leading causes of death in the United States, including in the Orange County area. A person injured in an automobile accident caused by someone else’s negligence needs to have a basic understanding of his or her rights and interests.
Compensation for Losses and Injuries after a Car Accident
Following a car accident, an injured person is likely entitled to compensation for different types of losses. At the top of the list will be compensation for pain and suffering, medical expenses and lost wages. Not only is an injured person apt to the entitled to current losses but also those likely to be sustained in the future. For example, an injured individual is likely to continue to incur medical costs into the future.
Dealing with Insurance Companies
Insurance companies are in business to make money, not to settle claims. Therefore, claims adjusters are not inclined to settle even very valid claims for what they are worth. This reality underscores the necessity for an injured person to be proactive in retaining legal counsel in the aftermath of an accident. An attorney is best able to negotiate a claim effectively with an insurance company.
Statute of Limitations
One of the key elements of personal injury law a person must be aware of is the statute of limitations. The statute of limitations is a California law that establishes a specific timeframe within which a car accident lawsuit must be filed by the injured person. The failure to file a lawsuit by the deadline established by the statute of limitations precludes a person from ever being able to sue the negligent party.
Retain an Orange County Personal Injury Lawyer
The best course a person can take in the aftermath of a car accident is retaining an experienced Orange Country personal injury attorney to protect his or her rights and interests. A skilled lawyer knows how to deal with insurance companies and understands the judicial process when it comes to litigating a car accident case.
The team at Guldjian Law APC is an example of legal counsel that represent clients in these types of cases. An attorney schedules an initial consultation with an injured person to discuss the facts and circumstances of a case. There is no cost and no obligation associated with an initial consultation with an attorney. Guldjian Law APC offers legal assistance to those in orange county and other areas such as:
Richmond is a city located in Virginia that has some of the most strict laws concerning the DUI. There are several stages that consist of a DUI arrest, and it’s not uncommon for the police to make mistakes and wrongly arrest the alleged perpetrator. That’s when a skilled and professional attorney comes in place to challenge the arrest to reduce the offense to a lesser degree. In the city of Richmond, if a person is a first time offender, there is a mandatory one-year license suspension. Not only that but a breathalyzer has to be installed on the vehicle for six months; there will also be a five-day incarceration period if the blood alcohol content is 0.15%. If the blood alcohol content is more than 0.21%, then that consequence increases to a ten-day incarceration.
The implications for a second offense is three-year license suspension. Also, to a ten-day jail sentence if it happens with five to ten years after the first offense. An ignition interlock has to be installed on the vehicle for at least six months. If a person is an offender for the third time, it is considered a Class 6 felony and the offender’s driving privileges will be revoked indefinitely by the DMV. To restore driving privileges, you would have to petition the court that convicted you. With the help of a dedicated DUI attorney in Richmond can your hope for success in a DUI case.
Virginia DUI Laws
Then you will become eligible for a restricted driver’s license in three years and a full-fledged restoration in five years. If an offender is under 21 and has a blood alcohol content from 0.02 to 0.08, then they will be charged with a criminal offense with suspended license for six months and a $500 fine. Minors receive the same treatment as those who reached the legal drinking age, a DUI stays on a person’s record for eleven years and is a six-point offense in Virginia. If a person has been charged with a DUI they can hire Richmond attorney David A.C. Long, he helps defendants know their rights, and if found to be pulled over by mistake or not having enough alcohol in your system to be convicted, the charges can be dropped and dismissed in the state of Virginia.
If you have recently sustained injury due to a slip and fall accident on another person’s property, then you can pursue legal action against the business or property owner. A business that is open to the public is responsible for providing a safe environment for customers of all ages. Visitors should expect to be able to walk from their cars into the business place without the event of falling and sustaining injuries. When an employee enters the work area, he should be able to complete his job without being injured due to a wet floor or similar situation. Just as an apartment renter should be able to leave their complex without falling due to dangerous flooring.
Types of Slip-and-Fall Accidents
Personal injury attorneys in San Diego represent victims of slip-and-fall accidents every day. The categories of common slip-and-fall accidents include cracked sidewalks, poorly lit parking lots, icy walkways, dark stairwells, malfunctioning escalators, wet floors, cluttered aisles in stores, unsafe playgrounds, poorly maintained bleaches at sporting events, damaged flooring, walkway debris, and potholes.
California Liability Law
California law states that business and property owners may be held liable for any injuries caused by inadequate maintenance of the property, improper lighting, or unsafe conditions that could lead to a slip-and-fall incident. If the accident is caused by negligence of the property owner, the victim that sustained injuries has the right to legal compensation for any financial hardships resulted from the incident.
If You’ve Been Injured
If you have been injured in the workplace by falling from poorly maintained flooring or if you have sustained injuries at a park or nursing home, a personal injury attorney specializing in slip-and-fall incidents can fight on your behalf to obtain legal relief for any hardships faced due to the incident. Gather medical documents, photographs and any evidence you have to allow your attorney to review the case and determine whether pursuing legal action will be successful. Remember never to attempt to negotiate with insurance companies by yourself or admit fault.
San Diego slip and fall lawyer Yasmine Djawadian relentlessly fights to ensure justice is served for the slip-and-fall victims and their loved ones. She specializes in all fields of personal injury including wrongful death, slip-and-fall, truck accidents and other personal injuries and is passionately seeking adequate legal relief for her clients. Don’t wait, call her today for a free legal consultation.
After a car accident happens, there will be many changes in your life. Some of these changes will be hard to adjust to while others will just be inconvenienced. You will have to face medical issues and costs due to your injuries, you will have to deal with financial losses due to your missed time at work as well as missed time in the future. You will have to arrange for new transportation, and you will have to deal with insurance adjustors who do not have your best interest in mind.
If you have been involved in a car accident in Newport Beach, it will be in your best interest to speak to a Newport Beach personal injury attorney. Your attorney can alleviate many of these issues.
What Can An Attorney Do To Help You After An Accident?
Your attorney will help you with the most difficult part of your accident: dealing with the insurance company. Many of these other issues, such as medical costs, lost wages, and other financial losses will disappear when this aspect is handled by your attorney. Your attorney will:
• Be the liaison between you and the insurance company. Any issues that you or they have will be handled by the law and the terms of the insurance policy. This is critical because insurance companies often “forget” the terms of their policies.
• Make sure that you are getting the medical treatment you need. Too often, insurance companies deny therapies or treatments necessary for you to recover from your injuries because they are expensive.
• Make sure that you are offered a complete settlement based on your current and future losses. The insurance company sees their bottom line; your attorney sees how your future is impacted. They will be very aggressive to ensure that all losses are covered in the settlement.
In addition to these three vital issues that a dedicated car accident attorney in Irvine will handle, they will also manage all of the legal paperwork surrounding your case and claim. This will significantly reduce the amount of worry and hassle you have, allowing you to devote your time to making a full recovery from your accident.