A statute of limitations sets the time in which a legal action must be commenced. In Washington, the statute of limitations on personal injury claims arising out of negligence is three years. RCW 4.16.080. With very limited exceptions, if a legal action is not commenced on a negligence personal injury claim within three years of … Read more
There are four types of wrongful death and survival actions in Washington. The wrongful death statutes generally allow family members to recover their own damages as a result of death caused by the wrongful act of another. RCW 4.20.010 and RCW 4.20.020. Washington’s general survival statute, RCW 4.20.046, provides that any cause of action a … Read more
You Are Responsible for Your Ongoing Medical Expenses Even if you are not at fault for a accident, you must still pay for your ongoing medical expenses. The at-fault party will ultimately be responsible to pay for your medical expenses. But the at-fault party’s insurance company won’t pay your doctors directly or reimburse you for … Read more
Most lawyers, including the attorneys at Baumgartner, Nelson & Wagner, PLLC, charge a contingency fee in personal injury cases. Under a contingency fee arrangement, the lawyer does not charge the client an hourly attorney fee as the case progresses. Instead, the lawyer agrees to accept a fixed percentage of the client’s recovery, 33% being common, … Read more
DriverKnowledge.com reports 3 million people are injured in auto crashes every year. According to the U.S. Centers for Disease Control and Prevention, motor vehicle related injuries send more than 2.3 million people to hospital emergency departments each year. To you, an injury car accident will likely be a one-time event that causes a serious disruption … Read more
Following is a summary of Washington law concerning landowners’ responsibility for slips and falls caused by ice and snow on their property. Private Sidewalks, Parking Lots and Roadways A business has a general duty of reasonable care to its customers with respect to conditions on its property. This includes conditions caused by naturally accumulating snow … Read more
While every case is unique, personal injury claims will generally follow the same road to trial. But the claim may resolve by settlement anywhere along this road. The Accident or Injury Nobody plans on being in an accident. When one does happen, we all hope any injuries from it will be minor and resolve quickly. … Read more
Posting on social media after an accident can have a serious impact on your personal injury claim. Insurance claims adjusters and defense attorneys are looking for any way to minimize liability and decrease the amount they have to pay on your claim. Even seemingly innocent posts may be taken out of context and used to … Read more
Most personal injury claims settle before trial. But either because settlement negotiations reach an impasse or the statute of limitations is about to expire, you may need to file a lawsuit. If you file a personal injury lawsuit, the attorney for the defendant will almost certainly take your deposition. What is a Deposition? A deposition … Read more
A personal injury lawyer represents people who have suffered harm to their body or mind as a result the wrongful act or omission of another person, company, or government agency. Consultation and Investigation Because they typically finance the claim process and are not paid a fee until their client’s recovery, personal injury lawyers do not … Read more