Personal Injury

What is a Personal Injury Claim?

A personal injury claim is a legal process initiated by an individual who has suffered harm due to another party’s negligence or intentional actions. This claim seeks compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related costs. The goal is to restore the injured party to the position they were in before the injury occurred, as much as possible.

If you were injured in Washington State, it is highly recommended to contact a local personal injury attorney who can answer your legal questions and calculate the true value of your claim. The way that the claim is handled and resolved will depend on the particulars of your case and the Bellingham Personal Injury Lawyer you choose to represent you.

Types of Personal Injury Claims

Personal injury claims cover a broad range of injuries and legal definitions. Common scenarios that lead to personal injury claims include:

Car Accidents

Wrongful Death

Traumatic Brain Injuries

Slip & Fall

Car Accidents

When an individual is injured as a result of the negligence of another driver, the negligent driver may be held responsible for the other party’s damages.

Wrongful Death

When a death occurs in a personal injury accident, the negligent party may be liable for damages. In some cases, the negligent party is a physician or caregiver, but car accidents are the number one cause of wrongful death claims.

RCW 4.20. 010 states that beneficiaries of action may include the decedent’s spouse, state registered domestic partner, or child or children, including stepchildren.

Traumatic Brain Injuries

When someone suffers a traumatic brain injury as a result of another’s negligent behavior, such as a car accident or sports injury, the negligent party may be liable for damages.

Slip and Fall

When a person slips and falls on the premises of another’s home or business, the owner of the premises or business may be liable.

Other types of personal injury cases include:

Pedestrian Accidents

Maritime Accidents

Truck Accidents

Boating Accidents

Motorcycle Accidents

Nursing Home Abuse

Bike Accidents

Defective Product

Personal Injury Terms

Negligence (Unintentional Torts)

A tort is a negligent act that is committed by one party, which causes harm to another. Although the act is unintentional, the negligent party may still be liable for damages. In Washington State, a legal doctrine called “pure comparative negligence” is used to assign fault appropriately. This legal doctrine allows jurors to take into account any negligence by the injured party and subtract that amount from the damages awarded. For example, a case where a person is injured in a car accident where they were hit by a driver who ran a red light but they were speeding at the time of the accident. A jury can decide that the driver who ran the red light is 80 percent negligent and the driver who was hit while speeding was 20 percent negligent, which means that the plaintiff would only be awarded 80 percent of the total damages.

Assault or Battery (Intentional Torts)

An intentional tort is a wrongful act that is committed on purpose. A common example of an intentional tort is a violent act such as assault or battery. The person who deliberately caused the injury is liable for damages whether they intended to cause harm or not.

Burden of Proof

In personal injury cases, the burden of proof is the requirement that the plaintiff (injured party) must prove that they’ve suffered harm because of the defendant’s negligence.

Comparative Negligence

Comparative negligence is a rule that allows the injured party to seek compensation even if they’re partially at fault for a harmful incident. The term “comparative fault” is also used in relation to comparative negligence.

Damages

Damages are the amount of money awarded in a personal injury case to compensate the victim for their losses and injuries. “Damages” is also sometimes used instead of “losses” to refer to harm a plaintiff has suffered.

Liability

Liability refers to a party’s legal responsibility or accountability caused by their actions (or failure to act).

Strict Liability

Strict liability is a type of tort law that imposes liability on a person or organization without finding fault, such as negligence or intentional tort. For example, strict liability is used when suing a person or company that engaged in a dangerous activity that caused an accident, a person or company who created, or manufactured a defective product, or the owner of a pet involved in a personal injury. A claimant only needs to prove that the injury occurred and that the defendant was responsible.

Product Liability

Product liability is the area of law that holds manufacturers, distributors, suppliers, retailers, and others who make products available to the public responsible for the injuries caused by the products they manufactured, distributed, supplied, or sold.

The Washington Product Liability Act follows a two-step approach to product liability. The first step answers whether the product meets the ordinary expectations of the consumer. The next step is a walkthrough of the risk/utility test determining the likelihood of injury and the existence of warnings.

Disclaimer: State and federal laws in the United States change on a regular basis. Any information provided in this guide is meant solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case and provide an effective plan for counsel.

Seek the Help of a Bellingham Personal Injury Attorney

If you or a loved one is dealing with an accident or injury because of the negligence of another, you have enough on your plate. Let an experienced accident 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 competent Bellingham personal injury attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!