Collecting damages on a personal injury claim can be a very frustrating experience when the respondent denies they are responsible for an injury. While most personal injuries are usually due to an accident of some type, this is not always the case when altercations occur. Accidents are not always a requirement in a personal injury claim, as individuals who attack others may very well be held liable for financial damages for resulting personal injuries. In Washington, this is particularly the case because the state regulations concerning comparative negligence in personal injuries cases eliminate comparative fault in personal injuries resulting from intentional acts. Even when the respondent party agrees they are responsible for the injuries, receiving an equitable settlement with respect to the seriousness of the injury can still prove difficult and always requires the expertise of a Vancouver personal injury attorney.
Establishing the Basics
The burden of proof in a personal injury claim is charged to the plaintiff legal counsel who must establish that an injury occurred to their client, and the injury was potentially due to the negligence of another party. The next step in the claim is showing that the respondent party failed in their responsibility of a reasonable duty of care toward the injured plaintiff. This is not always an easy task and can prove futile for an injured plaintiff attempting to recover financial damages without the benefit of legal counsel. Your personal injury attorney can accomplish this feat within the scope of court rules and validate the claim.
There is usually an insurance company involved when an injury is the result of an accident, such as an auto accident. The same principle also holds true in premises liability cases against commercial entities, and many times in claims against a residential property owner. These cases too can also prove difficult because the issue of comparative negligence becomes a serious component of the negotiations. Reasonable assumption of risk on the part of the injured party is a common defense from those being used for an accidental injury. Comparative negligence is the legal term for assignment of fault to the injured party and discounts the claim greatly when the contributory percentage for the plaintiff is high. This is the area of negotiation where your personal injury attorney works hardest in maximizing the value of your claim and will be a serious focus of the insurance company legal team.
An experienced Vancouver injury attorney can assist those who have also been injured in the following accidents:
Always consult with a Vancouver personal injury attorney when you are facing the need for filing a personal injury claim. Personal injury claims are almost always strongly defended, and the rules of negligence can be complicated. Get an attorney and get a good one!