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PERSONAL INJURY

FREE CONSULTATION AND EVALUATION OF YOUR INJURY CASE
NO RECOVERY NO FEES

Under the law, we are each liable or responsible for any injuries or damages we cause to someone as a result of our negligence or intentional conduct. The law therefore requires us to be careful and holds us responsible for any damages caused by our carelessness or negligence. An injured person or party may sue the wrongdoer for claims or damages he or she suffered as a proximate result of the wrongdoer’s conduct. This area of law is called torts.

Sources of Tort or Injury Claims Law.
In the United States, the conducts, behavior, or omission that can be a basis of injury claims have been codified by state legislatures or in municipal codes. These statutory provisions and codes create right of action or right to recovery for wrongful behavior or torts that the courts have in the past recognized as negligence or intentional torts. Some torts are still not codified in the statutes or codes, but are creatures created by the courts to compensate victims for the damages they have suffered as a result of the wrongdoer’s conduct or omission. These court-made laws are called common law claims. Common law is jurisprudence that United States inherited from English jurisprudence. Thus, states such as Washington create causes of action under the Revised Code of Washington (RCW). The federal government also has causes of action under federal common law and Federal Tort Claims Act (FTCA).  Under the FTCA, the federal government created a cause of action that is limited to "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. § 1346(b). Basically, the federal government allows itself to be sued with certain limitations. Other examples of statutes that create causes of action are Jones Act (46 U.S.C), which creates a cause of action for merchant seaman protection and recovery for injury or death on an offshore oil rig, tug boat, barge, etc. The Civil Rights Act, 42 U.S.C. 1983 also created a cause of action for violation of civil rights against any person who commits such violation while acting under color of law.  

Do I Have a Case or Claim.
Whether or not you have a claim may require you to consult an experienced personal injury attorney for the specific facts or circumstances of your case. Tort law is as elastic as your lawyer’s creativity. In a situation where one lawyer concludes that you do not have a case, a more creative attorney may have insight or come up with a theory of recovery to win. However, generally, to recover or win an injury case, the claimant or plaintiff must prove the following elements by a preponderance of the evidence:

• Wrongdoer owed you a duty of care;
• Wrongdoer breached the duty;
• Wrongdoer’s action or omission is the proximate cause of your injury; and
  Damages you have suffered.

Proving duty of care is generally easy, as it requires a showing  that the conduct of the wrongdoer is prohibited by law or that it fell below the conduct of a reasonably prudent person. Proving that the  defendant or wrongdoer actually breached the duty is usually the most contested element, as defendants, on advice of their lawyers, will usually deny any wrongdoing. Defense lawyers usually assert a general denial and or claim that the plaintiff’s negligence contributed to all or a portion of the victim’s injuries or damages. This is called contributory negligence. Defense lawyers also will usually challenge the element of proximate cause. Defense lawyers ordinarily look to point the finger to another event that intervened to cut off the wrongdoer’s responsibility for causing victim’s injury. Finally, the claimant or plaintiff must prove his or her damages related to the wrongdoer’s negligence. Damages in a personal injury action include past and future medical bills, lost wages, future wage loss, and pain and suffering. Some states allow for punitive damages, which punishes the wrongdoer for his or her tortuous conduct.    Washington law does not allow punitive damages, but instead is limited to compensatory damages, which just seeks to make the victim whole or to put him or her in the position such a person would have been but for the tort.

We Help You Win Your Injury Claim.
We have helped our clients recover millions of dollars for injuries caused by the negligence of others. Our personal injury practice is limited to King County, Pierce County and Snohomish County, Washington. The vast majority of our injury claims are settled before litigation. Clearly, early settlement is preferable to protracted litigation if the offer is appropriate for the damages suffered. Early settlement allows the victim to move on with his or her life, and it minimizes the cost, stress and uncertainty of litigation. Early settlement is possible only where there is mutual respect; this means that both sides realistically evaluate their claim or exposure. Realistic evaluation of a case requires both trial and practice experience. The insurance companies make good faith offers of settlement to lawyers they respect. This respect comes from knowing that your lawyer is prepared to take your case to trial, if necessary. We have won injury cases before the jury and in arbitration worth millions of dollars. We have also litigated injury claims that settled before trial worth millions of dollars. We have experience and credibility to handle your case. We have additional information regarding motor-vehicle accident, dangerous premises/fire/slip and fall . If you have additional questions regarding your injury case, please contact us.

martin@actuslawgroup.com.
206-587-2393