Tacoma Attorneys Explain Washington State Negligence Laws
WHAT YOU NEED TO KNOW ABOUT YOUR RIGHT TO COMPENSATION FOR AN ACCIDENT
It’s a very old legal principle that people have a duty under most circumstances to act carefully so as not to harm others. If a person acts carelessly and injures someone as a direct result of that carelessness, the careless party must pay compensation to the injured party. “Negligence” is the legal term for carelessness that causes injury. Negligence creates liability, which is the legal responsibility to make amends for the harm. Since 1959, the personal injury attorneys at Rush, Hannula, Harkins & Kyler PLLC have helped injured parties understand their rights under Washington’s negligence laws and fight to obtain the compensation to which they are entitled.
PROVING THE LEGAL ELEMENTS NECESSARY TO ESTABLISH NEGLIGENCE AND LIABILITY
The basic elements an injured plaintiff must prove to prevail in a personal injury or wrongful death claim are as follows:
- Duty — The defendant in the legal action owed the injured party a duty to act with care. This is obvious under many circumstances, such as the relationship between a surgeon and a patient, but it is less certain in the relationship between a landowner and a trespasser. The relationship of the injured party to the party who allegedly caused the injury is the key to establishing whether a duty existed.
- Breach of duty — The person who had a duty to act with care was careless, sloppy, hasty or incompetent. Attorneys for plaintiffs establish that a breach occurred by comparing the performance of the defendant to the establish standards of performance for a particular industry, or by applying a reasonable person standard. A defendant who did not perform up to the standards of the profession or act as a reasonable person would have under the circumstances is negligent. It is worth noting that a court might also find that a defendant was reckless, malicious or strictly liable.
- Causation — The defendant’s negligent act caused injury to the plaintiff. Often, a defendant acts negligently but another intervening event causes the injury. For instance, a surgeon may make an incision error, but the patient may die from a reaction to anesthesia. In some cases, the plaintiff’s own negligence can cause or contribute to an accident. This is known as contributory fault or comparative negligence, which may lessen the amount of compensation the plaintiff receives.
- Damages — The plaintiff must have suffered real harm. This harm can be economic or noneconomic and often includes lost wages, medical bills, physical pain and emotional suffering.
When your personal injury attorney builds a persuasive case for each of these elements, you have an excellent chance of settling your injury lawsuit or prevailing at trial.
Contact our Tacoma attorneys with questions about Washington negligence laws
If someone’s negligence has harmed you or a loved one, you have a right to seek compensation. A seasoned trial attorney at Rush, Hannula, Harkins & Kyler PLLC can explain how negligence laws operate in Washington. To schedule a free consultation and case evaluation, call 253-383-5388 or contact our Tacoma office online.
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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.
Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
Do I need a lawyer to file a personal injury lawsuit?
It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.
What is the statute of limitations in Washington for personal injury?
A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.
How much does a personal injury lawyer cost?
The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.
How do I file a personal injury lawsuit in Washington state?
At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.
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