NEWCASTLE, WA INJURY LAWYER
Most injuries don’t lead to the injured person thinking about calling a personal injury lawyer. Indeed, papercuts, stubbed toes, and small bumps and bruises are all a normal cost that comes with navigating the world. But sometimes, more serious accidents and injuries happen. When they do, working with a personal injury lawyer can be the best way to recover compensation for harm and navigate the legal process. At the office of the Khan Injury Law PLLC, our Newcastle, Washington injury lawyers are available to assist you as you start the claims process, and can work by your side from start to finish.
Do I Have a Personal Injury Claim?
Before you call a lawyer and certainly before you start the claims process or file a lawsuit, it’s important to ask whether or not you have a personal injury claim that’s viable. A personal injury claim exists when a person suffers an injury due to the negligence of another. To be sure, in order for a claim to be successful, the injured party must be able to prove that four elements are satisfied:
Duty of care
The plaintiff must be able to prove that the defendant owed them a duty of care.
Breach of duty of care
The second criteria is proving that the defendant breached the duty of care owed to the plaintiff – this involves proving that the defendant acted negligently (or, in some cases, with intent).
The third element that must be established is proving that the plaintiff’s injuries would not have been sustained but for the breach of the duty of care. In other words, the plaintiff must prove that the negligence of the defendant was the cause of their accident and injuries.
Fourth, actual damages must have been suffered by the plaintiff in order for the claim to be valid. If damages were not incurred, no compensation will be due to the plaintiff.
Types of Personal Injury Claims
The four elements above can be applied to a wide array of personal injury claim types. Our Newcastle injury lawyers have experience in many areas of personal injury law. You may have a personal injury claim if you are the victim of a:
- Car accident;
- Slip and fall;
- Dangerous premises accident;
- Defective product;
- Medical malpractice;
- Bicycle accident;
- Motorcycle accident; or
- Pedestrian accident.
If you have been injured in another type of accident that you don’t see listed above, such as an act of assault, please reach out to our law firm. We can review your case free of charge and help you to understand whether or not you have a claim and how we can help.
Damages Recoverable in a Personal Injury Claim
Personal injury claims are filed for a variety of reasons, such as holding the responsible party responsible, getting a sense of closure and justice, and deterring the defendant from causing harm to future victims. But one of the biggest motivations for filing a personal injury claim is that of recovering compensation. Indeed, those who are harmed in serious accidents may suffer thousands of dollars in losses, ranging from medical expenses to pain and suffering and more. Our lawyers will work hard to improve your chances of recovering your full compensation award. Types of damages that are recoverable in a personal injury claim include:
- Pain, suffering, emotional distress, disability, and other intangible losses you have suffered;
- Medical expenses, including costs of past and future care;
- Any property damage expenses associated with the accident, such as damage to a motor vehicle; and
- The value of lost wages and future lost wages expected as a result of the accident and injuries.
In some cases, exemplary damages, also called punitive damages, may be allowed, too. These types of damages are awarded when the defendant acted with malice or with reckless disregard for a plaintiff’s rights. Punitive damages are not meant to compensate the plaintiff; they are designed to punish the defendant.
Statute of Limitations in Washington
If you have been injured due to another’s action, you only have so much time to act. To be sure, the statute of limitations in our state prevents you from filing a lawsuit against the at-fault party once more than three years from the date of your accident have passed. If you wait longer than three years to file a suit, you will be in breach of the statute of limitations, which means that you will be barred from recovery. For this reason, it is very important to act quickly after being injured. While this can be difficult to do as you recover from your injuries, at the very least, you should contact a personal injury attorney who can advocate on your behalf and start the claims process.
Comparative Fault in Newcastle Injury Claims
Another thing to know about filing a claim in Newcastle is that the rule of comparative fault will apply, especially if you end up filing a lawsuit. The rule of comparative fault holds that a plaintiff who contributes to their injuries can still recover compensation for harm they suffer, but that their recoverable damages award will be reduced in proportion to their degree of fault. In other words, you can only hold a defendant liable for the percentage of fault they actually contributed to your accident and injuries.
How Our Newcastle, WA Injury Lawyers Can Help
When you call our Newcastle, Washington, injury lawyers, we can help you to start the claims process, determine fault, prove liability, calculate your damages, and negotiate your settlement. If settlement negotiations fail, we can also represent you in bringing forth a lawsuit for damages.
Our lawyers are passionate about helping people who have been unfairly harmed due to the actions of others. To learn more about our process and how we can serve you, please reach out to us directly to request a free consultation. We are able to offer legal services in many different languages and we have years of legal experience.
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