Tacoma Personal Injury Attorney

The Myths Regarding Personal Injury Claims

Far too many people remain under the impression that personal injury claims are generally frivolous, meant only for an individual and his or her attorney to receive a largely undeserved settlement. In fact, most personal injury claims are filed by those that have suffered serious injuries due to the negligence of another individual or entity. These individuals did nothing wrong, yet ended up with significant, even catastrophic injuries. Additionally, these injured individuals were perhaps unable to return to work (and pay their normal expenses), and could be looking at months, years, or a lifetime of pain.

In short, those who find themselves in such an untenable situation deserve compensation for their injuries, lost wages, and pain and suffering. Many people in such a situation will not file a personal injury claim, rather will suffer from a situation that was not of their own making. It is important to know that personal injury cases without merit are dismissed by judges and that personal injury attorneys who file frivolous claims are sanctioned. Personal injury attorneys can help you get your life back on track by ensuring you receive the medical treatment you need and the financial compensation you deserve.

While money will not magically make your injuries go away, it can ensure you do not have to worry about paying your medical bills or being off work and having no regular income. So, while the insurance lobby has perpetuated the myth that individuals and personal injury attorneys are benefitting from frivolous lawsuits, this is simply not the case. If your injuries are the result of negligence on the part of an individual or entity, do not struggle on your own—contact Palace Law today.

What are the Different Types of Personal Injury Accidents?

Personal injuries can stem from many different types of accidents, including the following:

What Constitutes Negligence in a Tacoma Personal Injury Claim?

To prove negligence, it must be shown that the defendant owed a duty of care to the plaintiff. For example, when an individual obtains a driver’s license, he or she owes a duty of care to other drivers. This means each driver has an obligation to follow the safety rules and laws associated with driving. In a product liability claim, the manufacturer of the product owes a duty of care to consumers—they are responsible for the safe design and manufacture of all products. In a slip and fall accident, the duty of care is to ensure there are no hazards on the property that could potentially cause an accident.

Once the duty of care is established, it must be shown that the defendant breached this duty of care—the defendant failed to use reasonable care to prevent injury to others. When an individual or entity acts in a negligent, careless, or reckless manner, the duty of care has been breached. Next, the breach of duty of care must have been directly responsible for injuries to another. Finally, those injuries must have real damages associated with them. This means the injuries suffered must have resulted in medical expenses, lost wages, and/or pain and suffering.

Washington State follows the concept of comparative negligence when determining a personal injury settlement. Under the comparative negligence theory, an individual can receive compensation for their injuries, even if they are partially responsible for the accident. In other words, suppose someone blows through a stop sign and hits you, causing injuries. Obviously, that driver was negligent, therefore liable. However, if it is found that you were speeding at the time of the accident, it could be determined that you were 10 percent responsible for the accident.

If you are awarded $100,000 in damages for your injuries, that amount would be reduced by 10 percent, so you would only receive $90,000. Since Washington state operates under “pure” comparative law, there is no threshold of fault for a plaintiff to bring a claim. In other words, you could be deemed 99 percent at fault for an accident and still recover one percent of your damages. Many other states operate under a modified comparative fault system that prohibits claims when the plaintiff is more than 50 or 51 percent responsible for the accident.