Traumatic brain injuries (TBI) are responsible for many deaths and permanent disabilities every year. TBIs are typically caused by a violent bump, blow, or jolt to the head. In some cases, an object penetrates the brain such as a shard of glass from a windshield and causes a penetrating head injury that disrupts normal brain function. Symptoms of traumatic brain injuries include physical paralysis, chronic pain, sleep issues, loss of hearing, loss of control of bowels or bladder, headaches, lost sense of taste, and seizures. The list of potential health issues goes on from there.Read More
There are many different types of personal injury claims, though some are more common than others. One thing to keep in mind is that they have one thing in common: the claimant was injured because of the negligence or willful act of another. There are also a set of elements that must be proved for any successful personal injury claim.
If you were injured because of the negligence or willful act of another, contact a personal injury attorney for legal help. The injury lawyer will assess your accident and injuries and can discuss your legal rights.Read More
As reported by the Bellinghamherald.com, on Monday, August 24, 2020, the Bellingham City Council voted unanimously to authorize the mayor to settle a federal lawsuit filed by Jai Ginn, the wife of Bradley Ginn Sr. who died on the way to the hospital on July 31, 2018. The man’s body was used to practice endotracheal intubations for training purposes by 11 Bellingham firefighters without authorization from the family. In addition to the lack of consent, Ginn Sr. had a valid do not resuscitate order, which made it clear that he did not want life-saving measures such as intubation to be performed.Read More
Vandalism is an intentional property crime that involves damaging or destroying another person’s property; usually a car, house or building. People often describe being vandalized like a personal assault. When someone breaks into our property and vandalizes it with graffiti, by breaking windows, slashing tires or gluing locks, it can leave us feeling shaken and violated. On top of this, it costs money to fix the damage and restore the property to the way it was. Even when a property is insured, victims are usually left with a deductible to pay before the insurance will cover remaining damages. (more…)Read More
Personal injury is a legal term that describes a mental, emotional or physical injury to the body, as opposed to an injury to property. A personal injury lawsuit is a type of tort lawsuit under civil law where the person bringing the suit (the plaintiff) has suffered a personal injury and is suing the person(s) who injured them (the defendant(s)) to recover damages for their injuries. In most cases, a personal injury attorney is retained by the plaintiff to handle the action.Read More
Defamation or defamation of character means that someone made a statement that injures another’s reputation. A written statement is called “libel” and a spoken statement is called “slander.” Defamation is a civil wrong so it does fall under personal injury laws. In some cases, a person who is defamed is able to sue the person or organization who defamed them in order to recover damages, just like in other personal injury claims.Read More
In personal injury law, a tort is a personal injury caused by civil (not criminal) wrongdoing. Generally, torts are not done intentionally but involve negligent behavior such a drunk driver causing a car accident that injures another. A toxic tort is when the injured person (plaintiff) alleges that they were harmed because of exposure to a toxic substance or chemical because of the negligence of another.Read More
Most personal injury claims center around the negligence of the defendant in order to establish the defendant’s fault for the accident. And yet, the very first element in a successful personal injury claim is showing that there was a relationship that created a “duty of care.” It would be helpful to understand what is a duty of care, how it relates to negligence and some examples of when a duty of care is owed.Read More
An arrest is when a person is apprehended and taken into custody; it requires probable cause. A false arrest is when a person is held against their will or taken into custody without consent or a legal justification. When a person is falsely arrested, they may be able to bring a civil claim for damages under tort law. Note that many false arrests are carried out by store managers, mall security guards and others who are not police officers.
A false arrest is considered an intentional tort, which means that the accused knew of and wanted the consequences of their actions.
If you were the victim of false arrest, contact an experienced local personal injury attorney. The lawyer can review the details of your situation and discuss your legal rights. If the attorney takes your case, they will work to negotiate a fair settlement or jury award for your damages.
Proving an intentional tort
In order to prove an intentional tort, the plaintiff will need to show that the defendant’s conduct went above and beyond simple carelessness or negligence. It must be proved that the defendant intentionally restrained the plaintiff.
Awareness of confinement:
In order to recover damages, the plaintiff will need to show that they were aware of the confinement at the time it happened. Defendant’s may argue that the plaintiff was too intoxicated or drugged to be aware of being confined. Note that the plaintiff does not need to know that their arrest wasn’t legal when it was happening but if they consented to be arrested because they thought it was legal, they will not be able to sue to recover damages for false arrest.
Was there a legal basis for the arrest?
A defendant will attempt to prove that there was a legal basis for the arrest they made, such as reasonable suspicion of a crime being committed, or a warrant or court order. This means that a reasonable person in the defendant’s position would have had cause to believe that the plaintiff was committing a crime before they arrested them or that they had a legal warrant/court order for their arrest.
Can police officers be sued for false arrest?
This means that in order to sue a police officer for false arrest, a personal injury attorney would have to prove that the police officer knew or that a reasonable police officer would have known that the arrest was not in accordance with a valid statute.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!Read More
Bike sales in Whatcom County have exploded over the last couple of months with families at home due to Coronavirus looking for things to do and keep fit in the beautiful spring weather. There are less bike commuters right now – just like there are less car commuters – so it is safe to say that much of the new bike traffic is coming from people out for a pleasure ride and that it will continue through early fall. Sales of entry level bikes seem to be the most popular, which indicates an explosion of new riders who may not be familiar with the rules and responsibilities of cycling. With more bikes on the roads and trails, this is a good time to remind and teach new cyclists about Washington State bike laws meant to keep everyone safe and accountable.Read More