Puyallup Personal Injury Lawyer
Whether you have been in a car accident, suffered from a biking collision, or were involved in a motorcycle crash, any injuries that you sustained can have a negative impact on your life. From lost wages to extensive medical bills, and physical injuries to emotional pain and suffering, an accident does not end when the authorities show up. Unfortunately, the repercussions of an accident can be ongoing – for months or even years. Because of this, it is important that you understand your rights when you have been injured as a result of someone else’s negligence, so that you may recover adequate damages for your losses and pain and suffering.
At the Khan Injury Law, PLLC, our Puyallup personal injury lawyers advocate on behalf of individuals that have suffered serious injuries because of another’s negligent actions or inactions. Personal injury liability is oftentimes difficult to prove, but with an experienced Puyallup personal injury attorney on your side, you will receive the justice you deserve for the damages that were done to you.
Our Puyallup Personal Injury Attorneys are Committed to Helping You Recover Compensation for Damages Suffered
Unfortunately, dealing with insurance companies is a part of the reality that follows an accident. One of the first steps in recovering compensation for the damages you suffered is to file an insurance claim with your insurance company, the defendant’s insurance company, or both. This is easier said than done.
Dealing with insurance companies is oftentimes the most difficult aspect of a personal injury claim, as most insurers do everything in their power to not have to overpay – or pay at all – a claimant. Because insurance companies lose money every time a personal injury claim is successful, both the defendant’s and your own insurance companies will try to downplay your injuries so that they only have to pay out very little of the settlement you filed for. If they are able, they will try and find grounds to deny your claim entirely.
At the Khan Injury Law, PLLC, our Puyallup personal injury attorneys have successfully fought and negotiated with insurance companies on behalf of our clients for years. With a thorough knowledge of personal injury law and several years of experience under our belts, we can ensure that you do not walk away empty handed.
When to File Your Personal Injury Claim
In Washington, as in all other 50 states, there is a statute of limitations on when you can file a personal injury claim. According to Washington state law, the statute of limitations on personal injury claims is as follows:
- 3 years for personal injury (Wash. Rev. Code § 4.16.080(2) (2016));
- 3 years for product liability (Wash. Rev. Code § 4.16.080(2) (2016); Wash. Rev. Code § 7.72.060(3) (2016));
- 3 years for property damage (Wash. Rev. Code § 4.16.080(2) (2016)); and
- 3 years for wrongful death (Wash. Rev. Code § 4.16.080(2) (2016)).
However, because personal injuries can be latent – meaning that you may not know an incident caused an injury until months or years later – a limitations period does not start until the date that the plaintiff knew or should have reasonably known of an injury. For some injuries – such as back injuries – this can be up to years after the accident that caused the injury.
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Proving Liability in a Puyallup Personal Injury Case
Typically, in order to prove fault in a personal injury case, you must be able to prove that your injuries were a direct result of the accident and/or defendant’s negligence. This includes providing as much evidence surrounding the case as possible. Evidence may include:
- Interviews from involved parties;
- Expert testimonies;
- Police reports;
- Statements made by witnesses;
- Documents/records kept by both parties; and
- Medical records.
However, even if you have evidence from each of the respective categories listed above, you must still prove all of the legal elements of a personal injury case. In order to hold any person liable for personal injuries suffered on your behalf, you must prove the following four elements to be true:
- Duty: You must be able to prove that the defendant owed you a legal duty of care. For instance, all vehicle operators have a legal duty to other drivers on the road to follow the rules of the road;
- Breach: Once you have established that the defendant owed a duty to you, you must then be able to prove that the defendant breached that duty. For instance, a breach of duty occurs when a driver runs a red light;
- Causation: Furthermore, you must prove that the defendant’s breach of duty was the direct cause of your injuries. For instance, if their running the red light caused them to slam into you, causation would be established;
- Damages: Finally, you must prove that you sustained actual damages as a result of the defendant’s negligence. Damages include actual injuries, medical bills, lost income, property damage, etc.
Not all personal injury claims are won on the grounds of negligence. In some instances, a plaintiff may win a personal injury case by proving fault in one of the following ways:
- By establishing intentional conduct, meaning that the defendant set out to harm you;
- By proving negligence per se, which applies when an individual is guilty of an inexcusable violation of a statute; or
- By showing that “strict liability” applies, which is generally only the case in product liability cases.
We Know How to Recover Damages
Consult a Puyallup Personal Injury Lawyer
At Khan Injury Law, PLLC, our Puyallup personal injury attorneys are committed to helping you prove liability in your personal injury claim so that you may collect the compensation you need to recover from your injuries and move on with your life. Personal injuries can negatively impact your way of life, and if you do not file a claim in a timely fashion, you may lose out on compensation that can help you through this rough patch. This could mean struggling financially for months or even years until you make a full recovery. If you have been seriously injured as a result of another person’s negligent behavior, contact our Puyallup personal injury attorneys to schedule your free consultation today.