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Archive for July, 2022

What Does it Mean to Sue for Personal Injuries in Washington?

Posted on: July 25th, 2022 by Marcel Colon
Have you experienced personal injuries in Washington? Let us help you.

Have you experienced personal injuries in Washington? Let us help you.

Suffering an injury that may have been avoided is both painful and frustrating. Many persons who have suffered a personal injury because of someone else’s negligence, must cope with the repercussions of the incident in numerous aspects of their lives. Such as impacting their quality of life physically, emotionally, and mentally. Fortunately, there exist statutes in Washington state law that protect persons who have suffered personal injuries.

What Constitutes Personal Injury in Washington State?

Many situations fall under the category of personal injury and personal injury can take numerous forms, ranging from being injured in a car accident to suffering because of medical negligence or defective drugs and products. Depending on your situation, different legal approaches are required.

Before suing for injuries, it’s helpful to understand important terms in personal injury cases.

Negligence

“The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances.” Wikipedia

When it comes to legal definitions, it’s important to understand how Washington state sees liability in personal injury lawsuits. It is crucial to prove negligence in order to recover damages.

Contributory Fault

Contributory fault is a circumstance in which both parties (you and the other party) are to blame for the injury. In essence, you can sue for damages whether or not you were partly responsible for the injury.

Personal vs. Bodily Injury

Personal injury is a legal term that is regularly used in civil court. It includes physical, emotional, and psychological damage. In criminal court proceedings, bodily injury is usually used to refer to injuries inflicted by a victim of another crime, such as assault.

How to File a Personal Injury Claim in Washington State

To establish a personal injury case, you (the person seeking damages) must demonstrate the following:

  1. You were owed a duty of reasonable care.
  2. The negligent party acted rashly or violated their duty of care.
  3. Your injuries were caused by the violation.
  4. You sustained injury.

It is the injured party’s responsibility to demonstrate that negligence occurred. The injured party must demonstrate that the other person’s, or group’s, lack of care and competence in handling the situation resulted in the personal injury.

Whether your injury occurred in a car accident on the road, at work, in a medical environment, or elsewhere, a skilled personal injury attorney can analyze your case and identify the best course of action to establish fault and recover damages.

Personal Injury Settlements

Insurance companies will be quick to offer the lowest settlement value possible for a personal injury. Without the assistance of an expert personal injury attorney to ensure that you receive the most compensation you deserve, you may find yourself agreeing to a $100,000 settlement when your claim might be worth a million dollars.

How Long Can You Hold Off on Filing a Personal Injury Claim?

In most cases, a person has three years from the date of the accident to file a personal injury lawsuit in Washington state.

It is nearly impossible to initiate a case against the person or corporation that injured you once the statute of limitations has expired. The individual or organization might then file a motion to dismiss the lawsuit entirely.

What to Do After Suffering an Injury

Finding an attorney who genuinely cares about you and will fight for the best possible outcome is essential for presenting a persuasive case. We have a solid track record of resolving accident claims at Cunnane Law, and it is our objective to always provide upper edge legal services that produce results. Plus, we are always ready to litigate the case.

Our attorneys are professionals in Washington state personal injury law and work hard to ensure that clients receive the results they desire.

Have questions about suing for personal injuries in Washington? Contact Cunnane Law in Edmonds, WA today to learn more about your personal injury claim options.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Reasons You Need a Long-Term Disability Lawyer

Posted on: July 19th, 2022 by Marcel Colon
Don’t try to navigate the legal system on your own. Partner with an expert long-term disability lawyer.

Don’t try to navigate the legal system on your own. Partner with an expert long-term disability lawyer.

Long-term disability insurance protects you from losing your income if you are unable to work due to a serious health condition. A long-term disability plan is typically obtained through your employer, but you can also opt for a private plan purchased directly from the insurance company.

Long-term disability (LTD) lawyers can assist you in filing a claim or appealing a denial of benefits. Filing a claim can be a stressful and confusing procedure, especially if you are attempting to file your claim while managing your health. Legal assistance can be beneficial in a variety of ways, from making a claim to preparing an appeal for benefit denial.

A Long-Term Disability Lawyer Can Compare Your Policy to the Facts of Your Case

Long-term disability insurance policies differ from one another. It is, therefore, essential that you grasp the terms of your individual policy. Your insurance will include variables such as the definition of disability that you must meet in order to get payments. The amount you will receive in monthly payments may be subject to additional restrictions or conditions. All long-term disability policies are unique, even if they are issued by the same insurance carrier, so it is critical that you understand the conditions of your personal policy.

A long-term disability attorney can help you build your case around your policy and your condition. They can analyze the facts of your case and compare them to your policy to see if you should file for LTD. If you do, they will be able to advise you on the best types of evidence for your claim.

Allow a Long-Term Disability Lawyer to Help You Navigate Complex Law

If you have long-term disability coverage through your employer, the Employee Retirement Income Security Act, or ERISA, will apply to your claim. ERISA is a complicated area of law that typically benefits insurance companies and claimants may find it difficult to understand. As a result, having an experienced lawyer on your side can be advantageous.

In ERISA cases, the administrative appeal is frequently the last chance to provide fresh evidence. If you are unaware of this and fail to provide the required proof, you may be unable to bring a successful lawsuit in court. A lawyer can help you navigate these ERISA roadblocks.

Laws in your particular jurisdiction may also apply to your claim. You may lose your right to take your case to court if you do not file an appeal within the statutory deadline. A long-term disability lawyer will be able to assist you in staying on top of these deadlines.

The Insurance Company Can Be Held Accountable to the Terms of Your Policy by An Attorney

When it comes to dealing with long-term disability claims, insurance companies do not always follow the rules. If an insurance company takes too long to handle a claim or appeal, claimants who are unfamiliar with long-term disability law are unlikely to notice. A lawyer will document how your insurance company may be violating the terms of your policy in case your case is taken to court.

Call Cunnane Law Today for a Free Consultation about Your Claim

If you would like to speak with a member of our legal team about your long-term disability claim, please contact us online or give us a call. Our offices are conveniently located in Edmonds, WA, and we’re ready to help.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

 

(425) 672-7100