4 Major Things to Prove in a Washington Personal Injury Lawsuit

Accidents and injuries happen all the time, even though no one anticipates it most of the time. If you have sustained an injury because of someone else’s wrongdoing, you have the right to recover financial compensation through a personal injury claim. However, as a plaintiff, you must be able to establish the culpability of the defendant.

Most defendants do not admit their responsibility for an accident right away. As a matter of fact, many defendants aggressively challenge liability for an accident. If you have sustained an injury in Washington State, you need a lawyer from a reputed law firm in Washington who knows how to hold defendants legally accountable for their actions.

A majority of the personal injury claims in Washington are based on negligence. To establish the liability of the defendant, your lawyer needs to prove the following elements:

Legitimate Injury

The plaintiff must be injured and suffer harm or losses because of the defendant’s wrongdoing in order to raise a complaint in a court of law.

Duty of Care

An individual or legal entity must “reasonably” act toward the public with a certain level of care. If the actions of a liable party fail to satisfy their legal standard of duty, then the victims can claim damages done to them by the defendant(s). The level of duty varies based on the nature of the defendant. For example, a doctor’s responsibility to save a patient’s life is much higher than a homeowner’s responsibility to be concerned about the safety of a trespasser. For all personal injury claims, it is essential to prove a violation of duty.

Breach of Duty and Causation

The individual or entity you think is liable for your injury must be proven to have breached their legal duty. Your lawyer also needs to demonstrate what this person or entity did or didn’t do which led to the injury or damage.

Damage

In a personal injury lawsuit in Washington, an injured plaintiff/victim may be awarded an amount of money for harm and losses suffered. There are several types of damages that fall into the following categories:

• Economic Damage: These damages lead to direct expenses resulting from the accident. These expenses can be medical bills, lost income, etc.

• Non-Economic Damage: This type of harm and loss may include pain, humiliation, emotional anguish, reputational damage, worsening of previous injuries, or loss of enjoyment of activities.

• Punitive Damage: The judge or jury awards these damages in addition to the compensatory damage sought by a victim/plaintiff. In most cases, they are added because of the defendant’s gross negligence or willful intent to cause harm. Punitive damages serve as further punishment for the defendant because of his/her conduct.

What constitutes negligence, as per Washington State Law, depends largely on the specific circumstances of the particular case. If a driver causes a serious crash while being distracted by a cell phone, he/she is negligent. Similarly, if a nursing home administrator does not conduct proper background checks on staff, allowing abuse to occur is negligent. Every personal injury lawsuit, irrespective of the circumstances, requires an in-depth investigation.

Find the Right Legal Assistance

Since defendants are not always eager to admit their responsibility for an accident, a plaintiff requires legal assistance from a Washington lawyer who is well aware of the personal injury laws and other legal guidelines. They can help you present your case in a court of law and get you the compensation you deserve from the defendants by proving their negligence (if that is true).