How Does the Discovery Rule Affect Personal Injury Cases?
Under Washington State’s statute of limitations laws, the injured party (plaintiff) generally has three years from the date of the incident to file a personal injury claim. But a legal doctrine called the “discovery rule” can sometimes extend this time frame, allowing victims to seek justice even if they were unaware of the injury for some time after the incident occurred. The discovery rule says that the three-year clock can be stopped if the injured party could not reasonably have discovered their injuries until a later date.
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How Traffic Tickets Affect Injury Claims
It is a fact that the majority of accidents are caused by driver error and negligent driving. In practical terms, this often means that a driver commits traffic violations that cause a collision. Common traffic violations that increase the risk of accidents are:
- Speeding
- Running a red light
- Running a stop sign
- Failure to yield
- Failure to stop
- Failure to use turn signals
- Disobeying road signs
- Improper U-turn
- Improper lane change
- Improper passing
- Driving off the road
If you or a loved one was injured in a motor vehicle accident because of a traffic violation committed by another driver, you may be wondering how traffic tickets affect injury claims. Contact a car accident lawyer to discuss your legal rights; you are entitled to a personal injury settlement that covers your damages.
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Can You Sue Your Parents for Child Abuse?
It’s our parents’ job to protect us from harm. Sadly, some parents don’t protect their children and even inflict abuse on them. Children who are abused may suffer from permanent psychological, emotional, social, and physical wounds that can lead to destructive behaviors such as addiction, committing crimes, and domestic violence. Child abuse happens to people of all socioeconomic levels, religions, and cultures.
Victims of child abuse and neglect deserve justice for the abuse they suffered. When child abuse victims become adults, they may wonder if they can sue their parents for child abuse?
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Is There a Time Limit on Personal Injury Claims?
A “personal injury” is a legal term typically used in civil court settings to refer to any type of injury including physical, financial, or psychological that affects an individual. When a person or group of people experiences a personal injury because of the intentional, negligent, or reckless behavior of another, a personal injury claim may be an appropriate way to recover damages. Is there a time limit on personal injury claims? Yes, every state has a time limit on the amount of time an injured person has to seek compensation for their injuries through a personal injury claim. Some states are more generous than others with time limits ranging from one to six years.
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Product Recall: 2 million Air Fryers Recalled Due to Fire and Burn Hazard
The U.S. Consumer Product Safety Commission (CPSC) issues approximately 300 product recalls each year for products that pose a risk to consumers. In many cases, recalls are issued after consumers, regulators or manufacturers discover safety issues that are causing or could cause injury or damage. Earlier this week, several Cos0ri air fryers were the latest products to endure a product recall.
First introduced in 2010, the air fryer has become one of the most popular kitchen gadgets on the market. They are time-saving “ovens” that use rapid hot air technology to cook food faster, with no preheating required. It’s also easier to “fry” foods with little or no oil, which is popular for people looking to decrease fats in their diet. At this point, there are several brands on the market, but Cosori is having a bad week after they had to recall 2 million air fryers due to reports of their appliances catching fire.
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How Duty of Care affects Negligence Claims
When a person, business, or entity injures another due to a failure to act with reasonable care, the injured party may be able to recover damages through a personal injury claim. The personal injury lawyer will use negligence as a legal concept to prove that the defendant is at fault for the accident but first, a duty of care must be established.
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Is Swimming with Sharks Safer than Working with a Lawyer?
Sharks and lawyers both have some negative associations. Many fear swimming with sharks as much as they do working with a lawyer and there are plenty of reasons to fear sharks even though they rarely go after humans. Still, there are opportunities to swim and snorkel with sharks all over the world, and most sharks are safe to swim with under the right conditions.
Are lawyers really sharks? Lawyers have a reputation for being sharks: sharp teeth, bloodthirsty, and dangerous. The truth is that bad lawyers give good lawyers a bad name and the shark stereotype is just one of many that needs to be taken with a grain of salt.
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What’s the Difference Between a Verdict and a Settlement?
When a person is injured because of the negligence of another, they may seek compensation for their losses (damages) through a personal injury claim or lawsuit. This compensation can come in the form of a verdict, or more commonly, an out-of-court settlement. The difference between a verdict and a settlement is that a verdict is decided in court and a settlement is an agreement between the plaintiff and defendant outside of court. Personal injury lawyers work hard to negotiate a favorable settlement for their clients because it is usually in everyone’s best interest to avoid a trial. When a fair settlement cannot be reached, personal injury attorneys represent their clients in court to fight for a verdict by trial.
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How to Keep Your Family Safe During a Heat Wave
While it’s very rare for extreme heat events to affect the Pacific Northwest, especially as far north as Whatcom County, we know they can happen. We were recently reminded of this reality at the end of June and early July with three days of record-breaking heat. Sadly, the Washington State Department of Health reports that during the extreme weather event, one person died in Whatcom County and a total of 91 people died across the State of Washington. The last time we saw temperatures at these levels was in 2009, but scientists expect extreme heat events to become more common in the coming years.
For most people who live in a home without air conditioning, an extreme heat wave is very uncomfortable but not deadly. There are groups of people who are more vulnerable when exposed to very high temperatures, including:
- Seniors
- Infants and kids up to four years of age
- People who are obese
- People who are suffering from chronic illnesses or who are taking certain medications
Keeping your Family Safe during a Heat Wave
There are measures we can take to prevent tragic accidents from heat-related illness, such as heat exhaustion.
These safety tips from redcross.org are a great place to start:
- Cars are extremely dangerous during heat waves because inside temperatures can soar in as little as a few minutes. NEVER leave any person or pet – but especially pets, infants, children, or people with disabilities – in a car without air conditioning running on a warm or hot day. Cracking a window open is not enough on a very hot day.
- Keep yourself and your kids hydrated. Cool, non-alcoholic, non-sugary, and non-caffeinated drinks are best during a heat wave. Water is ideal but sports drinks or coconut water are also important as they can help replace the mineral salts we lose from sweating. Speak to your doctor about the amount of water that is safe for you to drink if you have been asked to limit water intake or take water pills. You should also speak to your doctor before consuming sports drinks if you have diabetes, high blood pressure or other chronic illnesses that affect the amount of salt intake that is safe for your body.
- Keep your pets hydrated. Make sure to provide cool, fresh drinking water for your pets during a heat wave.
- Do everything possible to keep yourself cool.
- If you have access to an air-conditioned space, spend as much time there as possible.
- Setup window or portable air-conditioning units in your most used room if you own them.
- Shut out the heat with blackout curtains or with a slab of cardboard with tin foil on the backside to refract the light.
- Avoid regular fans if your indoor space is above 96 degrees.
- Wear lightweight, light-colored, and loose-fitting clothing.
- Avoid using your stove or oven, if possible.
- Avoid activities that raise body temperature such as exercise or yard work.
- Wear a hat and sunscreen and stick to shady areas, if possible, if you venture outdoors.
- If you have elderly or ill neighbors, friends, or loved ones, check in on them at least twice a day to make sure they are doing okay. Encourage them to drink cold water or sports drinks and to take cool showers as needed. Offer to take them to a place that has air conditioning if they do not have it at home. If they do not sound like themselves or tell you that they aren’t feeling well or are experiencing any combination of the symptoms of heat stress discussed below, it may be time to call an ambulance.
Symptoms of heat exhaustion
According to cdc.gov, these are the symptoms of heat exhaustion to watch out for:
- Headache
- Nausea
- Dizziness
- Weakness
- Irritability
- Thirst
- Heavy sweating
- Elevated body temperature
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 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 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!
Sources:
https://www.cdc.gov/niosh/topics/heatstress/heatrelillness.html
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What is Pain and Suffering in a Personal Injury Claim?
Personal injury claims are brought to hold the negligent party accountable for the damages they caused. Pain and suffering is a part of the compensation provided in a personal injury claim. But what is it? Pain and suffering is the legal term for the physical and emotional stress caused by an injury; it is a non-economic loss that is worthy of financial compensation.
Some damages that fall under the pain and suffering portion of a personal injury claim are:
- A loss of enjoyment or disruption to the way you normally live your life
- Temporary or life-long limitations on activity
- Loss of the ability to communicate effectively
- Loss of eyesight
- Debilitating physical impairments or disabilities such as paralysis
- Mental and emotional distress
- Aches and chronic pain
- Physical deformities or disfigurements such as severe scarring or loss of a limb
- Forced infertility or the loss of reproductive organs
- Shortened life span
How is pain and suffering proved in a personal injury claim?
In a successful injury claim, your personal injury lawyer will secure compensation for pain and suffering by proving that you have suffered. In order to prove that you have endured or continue to endure pain and suffering, the accident attorney gathers relevant information, including:
- Medical diagnoses
- Medical bills
- Medical records
- Pictures of injuries
- Records of psychiatric care
- Testimony from medical experts, as needed
How is pain and suffering calculated?
In addition to proving pain and suffering, the law also requires that a value is assigned to it. A personal injury lawyer can accurately identify the value of your claim based on your injuries. If you bear partial fault for the accident, there was no damage to the vehicle or if the injuries were minor, you can expect the insurance adjuster to reduce your pain and suffering offer. The injury lawyer also factors in a settlement range that is most likely to be offered in negotiations or in a jury award. This information gives the plaintiff a good idea of what compensation they can expect for their pain and suffering from a reasonable offer.
One of the many advantages of hiring a personal injury attorney to help with a personal injury claim is their help calculating a dollar value for your pain and suffering.
Is there a time limit on recovering for pain and suffering?
Yes, personal injury claims come with a “statute of limitations” that puts a cap on the time that an injury claim may be filed. If a claim is brought after the deadline, the judge may deny the claim. In Washington State, most injury claims have a three-year statute of limitations but an exception is made for minors who have three years from the day they turn 18 to file a claim.
There are also practical reasons for contacting an attorney as soon as possible:
- Filing an insurance claim or a personal injury lawsuit takes time.
- The farther away from the accident, the harder it is to remember details or to keep track of witnesses.
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 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 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!
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