Archive for the ‘Lynnwood Personal Injury’ Category
Washington Personal Injury Statute of Limitations
In Washington the following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;
(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.
Easily summarized, you have 3 years in the state of Washington to file a Personal Injury Claim. If you think you may have a personal injury claim you can contact our firm of personal injury lawyers for a free consultation.
Lynnwood Washington Car Accident Law
In all personal injury cases, including Lynnwood motor vehicle accident cases of all types, you are entitled to recover general damages for your pain and suffering, emotional distress, disability, permanent disfigurement, scarring, loss of opportunity to enjoy life, interference with the husband/wife or parent/child relationship, wrongful death, loss of services, dismemberment and any other type of general damage that deals with an injury which you can think of. You are also entitled to recover special damages which are past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses. It is your attorney’s obligation to properly prepare your case and determine what these damages are. This usually takes place after your medical condition is stabilized.
At the point when your medical condition stabilizes, which means you will not get any better or worse, your Lynnwood attorney should speak to your doctors and obtain medical reports regarding your prognosis. At the conclusion of your recovery, the attorney shall put together a settlement demand package to try and resolve your case with the insurance company. From that point forward, negotiations will take place. Your Lynnwood car accident attorney should be goal oriented to maximize your RECOVERY.
If your case does not settle, your attorney will file suit and proceed to trial. Many times an insurance company will not pay you what you deserve to recover until your case is set for trial or close to trial. Insurance companies know which attorneys take cases to trial and which attorneys settle cases. Those attorneys, who proceed and prepare a case as though it shall proceed to trial, will likely recover more money for you than a settlement lawyer. It behooves all attorneys to try and settle cases. However, if cases do not settle in a reasonable period of time, it behooves everyone to file suit and prosecute your case, preparing for trial.
Contacting Our Lynnwood Car Accident Attorneys
You can reach our Lynnwood car accident lawyers anytime, just see our contacts page.
Lynnwood, Washington Personal Injury Claims
Personal injury litigation is subject to different regulations in every state. To bring a case in Washington it is very important that you consult an experienced Washington personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Lynnwood,Washington can arise from negligence or intentional wrongdoing.
In Lynnwood, Washington you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Welcome to the Lynnwood Washington Personal Injury Blog
Welcome to the launch of the Lynnwood Personal Injury law blog, sponsored by the Personal Injury law firm of Robert Kornfeld.
The Kornfeld Law Firm handles clients with major personal injury, medical malpractice, wrongful death, car-pedestrian-bus collisions and accidents with trucks, construction and maritime injuries, serious injury claims involving the knee, hip, and spine and those catastrophic injuries, such as burns, chemical exposure, paralysis and quadriplegia, and nursing home or elder abuse cases.
Visit the firms main personal injury website or fill out the firms contact form.
