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.

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Winning is when clients get the closure and compensation they deserve. We haven’t settled for less in the last sixty plus years. And we won’t for the next sixty.

$7.0 M
Client was exposed to ammonia gas by a trucking company that wrongfully released the gas. Client suffered injuries to both eyes, reactive airway disease, significant PTSD and severe depression preventing client from returning to his previous employment.
$1.9 M
Client was the victim of medical malpractice when the emergency room failed to diagnose a bowel obstruction, resulting in severe intestine injury and a colostomy.
$1.3 M
Client was bitten by a dog and suffered C-Diff infection and multiple hospitalizations.
$1.2 M
Client was the victim of a defective product when the coupler unit between his tractor and trailer failed, causing his arm to be crushed.
$1.2 M
Client was involved in a traumatic motorcycle accident. Client underwent multiple surgeries for comminuted fractures of his tibia and fibula resulting in limitations to his ability to work.
$1.05 M
Client was involved in a high speed collision on Interstate 5 when a driver of a Box Truck fell asleep and crossed over several lanes pushing her vehicle over an embankment. Client sustained traumatic brain bleed, fractured shoulder, hip and knees requiring over three months of intensive care and hospital admission
$920,000
Client was involved in a truck accident that caused his wrongful death. He was crushed when the truck hit him from behind as he was unloading items from his vehicle.
$875,000
Client was a pedestrian and was struck by a car while crossing in a crosswalk. Client was transported to the hospital but unfortunately died as a result of the injuries.
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We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.

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The change you want to see happens when your story goes beyond the courtroom and makes an impact after the case is closed.

  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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