Buckley WA
CAR ACCIDENT ATTORNEY

Personal injury refers to any harm or damage caused to an individual’s body, emotions, or reputation. The injury is often a result of someone else’s negligence, carelessness, or intentional actions, and personal injury victims may be entitled to compensation for their damages.

An injury law firm can evaluate the case and determine if there is a valid claim. A WA personal injury lawyer will gather relevant information and provide an assessment of the potential outcome. They provide the necessary resources to advocate for victims to receive compensation for their losses.

Ground for Filing Personal Injury Claims

In Washington state, filing a personal injury claim involves establishing sufficient ground. The plaintiff must demonstrate key elements, which include establishing the following:

Negligence

Negligence forms a crucial basis for personal injury claims. This involves instances where individuals fail to exhibit the level of care expected from someone of ordinary prudence in similar circumstances. Failing to meet the standard of care becomes the linchpin for legal action.

Strict Liability

In certain cases, personal injury claims may arise under the doctrine of strict liability. Here, the focus shifts from the defendant’s intent or negligence to the inherent dangerousness of the activity or product in question.

For example, a manufacturer in Washington state has a duty to ensure their products are designed for safe use (RCW 7.72. 030(2). This legal concept holds individuals responsible for injuries resulting from their actions or products, irrespective of fault.

Intentional Wrongs

Personal injury claims can also be brought on the grounds of intentional wrongs, wherein harm is inflicted purposefully. This entails situations where the defendant deliberately engages in actions that cause injury to another person.

For a successful defense against such claims, your personal injury lawyer will prove the following elements:

• Duty of care: The legal obligation to exercise reasonable care to prevent harm to others. This duty may vary based on the relationship between the parties and the circumstances, such as in medical malpractices, product liability, and slip and fall cases, among others.
• Breach of duty of care: The demonstration that the other party did not fulfill their duty of care, indicating a deviation from the expected standard of behavior.
• Cause:  Establishing a direct link between the breach of duty and the occurrence of the injury. It involves proving that negligence was a substantial factor in causing the harm.
• Damages: The claimant must provide evidence that the actual damages suffered occurred due to the defendant’s actions or negligence. This could include physical injuries, emotional distress, medical expenses, or other tangible losses.

Let a WA Personal Injury Lawyer Help You With Your Personal Injury Claim

A successful personal injury claim depends on resources and experience in handling such cases. This is because navigating the legal processes and addressing potential legal defenses can be challenging. It is, therefore, in your best interest to involve a personal injury attorney.

A legal team at Anderson Law will handle all aspects of the legal process. This allows you to focus on recovery and while leaving the legal matters in the hands of legal professionals. To understand more about your personal injury claim, call us today at (253) 881-8613. We offer free initial case evaluation.

Imagine you’re in Washington state, surrounded by greenery and city life. Unfortunately, something unexpected happens, like a car crash, a slip on someone’s property, or getting hurt by someone’s dog. Like most people, you don’t know much about the laws in Washington that deal with these situations.

In this situation, a personal injury law firm can help break down Washington’s personal injury laws in a way that’s easy to understand. A personal injury attorney will use simple language to help you figure out what you need to know if you find yourself dealing with a personal injury situation in the state of Washington.

Let’s demystify the Washington personal injury laws.

Contributory Fault

In Washington State, contributory fault laws play a significant role in determining damages in a personal injury case. Under this concept, even if you are partially to blame for an accident or injury, you may still be eligible to collect damages as long as you don’t bear the blame 100%.

Contributory fault law is based on the idea that accidents and injuries can often involve multiple parties with varying degrees of responsibility. In Washington, the legal system follows a pure comparative fault rule, which means that the amount of damages you can recover will be reduced by the percentage of fault assigned to you.

For example, you are involved in a motorcycle accident, and a court determines that you are 10% at fault for the collision. If you were seeking $100,000 in damages, your potential recovery would reduce to $90,000, reflecting your 10% share of the blame. It is important to note that Washington state laws will allow recovery even if a person is found to be 99% at fault for an accident.

Washington Negligence Laws

Washington negligence laws demand certain elements to make a successful personal injury claim. These elements include:

• Duty: There has to be a legal obligation to exercise reasonable care toward the prevention of foreseeable risks to others.
• Breach of duty: To prove negligence, you ought to show that the defendant did not fulfill their duty of care.
• Cause in fact: This element establishes a direct connection between the defendant’s actions and the harm suffered by the plaintiff.
• Proximate cause:  This is also referred to as legal cause, and it examines whether the harm was a foreseeable result of another person’s conduct.
• Damages: To pursue a negligence claim, you need to prove that you suffered actual damages.

Statute of Limitations

In Washington State, the statute of limitations demands that personal injury claims be filed within 3 years from the day you were injured. However, the “discovery rule” allows the clock to start ticking from the date the injury is discovered or reasonably should have been discovered. Certain circumstances might lead to exceptions or variations in the statute of limitations. It is advisable to engage the services of a personal injury lawyer to help you observe important timelines.

Contact a Washington State Personal Injury Attorney Today

If you have been involved in an incident that caused injuries, you can seek justice for your personal injury in Washington. You can consult with an attorney from Anderson Law for help with understanding the Washington personal injury laws. We will offer you the legal support you need to navigate your case successfully. Contact us today for legal guidance.

It’s not uncommon to hear about hit-and-run accidents in Washington. Reports indicate that in 2021 alone, there were over 300 hit-and-run collisions in Washington state, which resulted in severe injuries or deaths. This is despite the state law demanding motorists to stop any time their vehicle crashes into another car or property.

Leaving the scene of an accident in Washington denotes a situation where a driver involved in a collision departs without providing assistance or reporting any personal injuries, fatalities, or property damage. At Anderson Law, we have handled several hit-and-run cases for people who find themselves in such scenarios. Our personal injury lawyers would like to shed more light on what it implies to leave the accident scene in Washington.

Washington Law After a Vehicle Crash

Under RCW 46.52.020, the driver has a “duty in case of personal injury or death or damage to attended vehicle or other property.” You are legally required to do the following:

• Have your vehicle stop at the scene of the accident or reasonably close to the scene.
• Exchange your name, address, driver’s license number, and vehicle registration information with the other parties involved in the accident. Additionally, you are to share your insurance details.
• Provide reasonable assistance where possible. This may include calling emergency services or offering aid until help arrives.
• Move the vehicle to safety if no one suffers serious injuries or death.

Note that if the accident leaves you physically unable to meet the above requirements, section 4(d) states that you are not obligated to do the above.

Also, RCW 46.52.010 specifies a driver’s duties upon striking an unattended car or other property. In such a scenario, You are obligated to make a reasonable attempt to find the owner of the property. If efforts to find the owner fail, you may attach a note to the struck property with your address details.

However, if you fall unconscious or suffer injuries that require immediate medical assistance, you may leave the scene for medical aid. Additionally, if it is apparent that the victim needs immediate medical help, taking them away doesn’t amount to hit and run.

What are the Penalties for Leaving the Scene of an Accident?

In Washington State, leaving the scene of an accident that leads to death is a class B felony. This is punishable by up to 10 years in jail or up to $20,000 in fines. On the other hand, if the accident causes an injury, it is considered a class C felony, which may lead to up to five years in jail and a fine not exceeding $10,000.

In addition, individuals found guilty of a hit-and-run may face a license suspension for up to one year. Furthermore, the conviction may increase the at-fault driver’s car insurance premiums.

Contact a Washington Hit and Run Attorney Today

Washington state allows victims of hit-and-run crashes to seek recovery through a legal process. However, it is in your best interests to consult a hit-and-run attorney to know your rights and obligations. Our legal team will guide you according to your specific situation and help protect your interests throughout the process. Contact us today and let us evaluate our case for free.

When you want to file a personal injury claim in Washington, it is important to note that you have limited time. The timeframe within which you can file your lawsuit is dictated by the statute of limitations. The Washington statute of limitations offers three years following a personal injury to file a lawsuit. mn

Importantly, you need to consult with a personal injury attorney to help you meet the specific timelines that apply to your case. An attorney from Anderson Law will guide you through the legal process and ensure each step meets stipulated deadlines. Read on to learn more about the Washington statute of limitation for personal injury claims.

Scenarios that Affect Statute of Limitations

Various scenarios can impact the application of the Washington State Statute of Limitations for Personal Injury in legal cases. These include the following:

Underage Victims

In cases involving minors, the statute of limitations often doesn’t commence until the individual reaches the age of majority. This ensures that minors have the opportunity to file a claim after becoming adults. The law recognizes their potentially delayed ability to comprehend and address the harm suffered.

Discovery Rule

The discovery rule is applied when the injury or its cause isn’t immediately apparent. In such scenarios, the statute of limitations may begin from the date when the plaintiff discovers, or reasonably should have discovered the injury. This allows for a fair timeframe for injuries that may not manifest immediately, such as concussions.

Evasion of Justice

In situations where the defendant actively evades justice, the statute of limitations might be tolled. The Washington personal injury law recognizes the principle that individuals shouldn’t be able to escape accountability by avoiding legal consequences. For example, if a defendant leaves the state so as to avoid being served with a personal injury complaint, the clock may start ticking again once the defendant returns to the jurisdiction.

Due to the confusing nature of the statute of limitations, it’s advisable to work with a personal injury lawyer to determine timelines according to your situation.

Importance of the Statute of Limitations

The Statute of Limitations primarily encourages timely dispute resolution by setting a specific timeframe for initiating legal action. This ensures that parties promptly address and resolve their grievances through a legal process.

The law also grants plaintiffs adequate time to:

• Discover that they have been injured, especially when injuries may not be immediately apparent
• Ascertain the full extent of their injuries, which may take time
• Determine with a reasonable degree of certainty who might be legally responsible for the injuries

Moreover, the limited time frame shields the legal system from resolving ancient feuds where memories may have faded, evidence may have been lost, and fairness in adjudication may be compromised.

Speak with a Washington Personal Injury Lawyer

If you have been injured in an accident, the statute of limitations is not an excuse to delay. Promptly filing a lawsuit could mean you will receive compensation for your losses sooner after an accident. Our team at Anderson Law advises victims to seek legal assistance right away after the injury. If you want help with your personal injury case, don’t hesitate to call us at (253) 881-8613. We offer free case evaluation.