Areas of Law   

Bringing a claim for personal injury is a right provided to you and is protected by common law and statutory law in the State of Washington. You are entitled, as an injured party, to a jury trial to determine the fault of another and the amount of damages you may be entitled to. Personal injury can occur as a result of medical malpractice, automobile accidents, nursing home care, defective products, or any other type of injury.

If you sustain a physical or emotional injury, property damages, and/or economic loss, you may be entitled to recovery. Bodily injury could include external and internal injuries, brain injuries, broken bones, scarring, or other type of injury. Emotional injuries are pain and suffering, fear, anxiety, depression, and the like. Parents who have children or spouses, whose husband or wife has been injured, suffer loss of consortium injuries. Loss of consortium injuries are the loss of the normal love and affection that exists between a parent and child or between spouses. Property damages could be to vehicles, houses, business or other related real or personal property. Economic loss includes loss of wages, loss of the ability to earn income, doctor’s bills, hospital bills, medications, and other related treatments. All of these injuries and damages are recoverable.

In order recover for the above injuries, you must bring a claim against the person or company that injured you. In that claim, you must show that the party that caused the injuries was negligent … that they acted unreasonably or violated some standard or law that resulted in injury to you. For instance, in an automobile accident, running a red light, hitting a person in a marked crosswalk, speeding, or reckless driving resulting in injury are violations of recognized laws that would lead to liability of that party and award damages for your injuries. In medical malpractice, a doctor who violates the standard of care of a reasonably prudent physician would also be responsible. This could be performing the wrong operation, prescribing the wrong medication, not performing appropriate follow-up, not making appropriate orders, not reviewing CT scans or x-rays, not following up timely for additional care, misdiagnosing a serious illness for a minor illness, failing to diagnose cancer, or other serious illnesses in order to provide treatment in a timely manner would all be violations of the standard of care. These and many other instances are violations of the standard of care which again result in liability to the doctor or hospital and would require compensation for the injured party for their injuries and damages.

Our state recognizes, in almost all circumstances, the right to a jury trial. Twelve jurors would hear the case, ten jurors would need to find for the injured party on each issue (1) that the person causing the injury was negligent, (2) that the negligence caused injury, and (3) determines the amount of your injuries and damages. Depending upon the case, most cases end up in settlement.