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Washington Personal Injury Frequently Asked QuestionsThe following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Spokane, Washington personal injury lawyers of Layman, Layman & Robinson, PLLP, you can receive a personal consultation regarding your specific legal claim.
What is Personal Injury? Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Washington. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
What financial compensation can I recover in a personal injury claim? Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
What is the Statute of Limitations? Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact the Spokane, Washington personal injury attorneys of Layman, Layman & Robinson, PLLP. What is Premises Liability? Premises liability generally refers to accidents that occur due to the negligent maintenance or unsafe conditions upon property owned by someone other than the injured victim. The State of Washington requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident. What is Assumption of Risk? If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend’s house and they told you not to go out the back door because the deck was being repaired and after being told you still went out the back door, you assume the risk. If you become injured in most jurisdictions, under the doctrine of the assumption of risk, you would most likely not be able to collect damages. Another example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For example, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you injured as a result of the altercation, you may be able to sue the person who injured you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game. What is Strict or Absolute Liability? Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. It means that the manufacturer of a product is liable for selling any defective product that is considered "unreasonably dangerous" and results in injury either to the buyer or someone else who uses it. In strict products liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold and that the injuries were caused by the defect in the product. Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities, and animal owner's liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. What is Medical Malpractice? Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital, or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition. Does misdiagnosis fall under medical malpractice? Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. However, statutes of limitations bar the filing of claims after a certain period of time has passed following the negligent act. For more information on misdiagnosis, consult the Washington medical malpractice attorneys of Layman, Layman & Robinson, PLLP. If you or someone you know in Washington or Northern Idaho needs the assistance or trusted legal advice of an experienced personal injury lawyer, please call Layman, Layman & Robinson, PLLP, today at 866-640-2753, or complete the contact form provided on this site to begin your free consultation with a skilled Spokane wrongful death attorney. |