Not every injury a person receives will result in a court case or a settlement. That may not be what someone wants to hear, but it is the truth. Unless someone else holds some degree of responsibility for the injury, there is no case.
There are three elements to a personal injury case. Washington has some state statutes that will also affect the viability of a case, including a three year Statute of Limitations on filing an injury lawsuit.
Liability
The defendant must have done something that is legally wrong. Some accidents are simply an accident and no one can be held responsible. However, if the injury was caused by someone’s negligence, the judge, jury or insurance company will attempt to decide if the victim was partially responsible for the injury. Washington has comparative fault rules which can assign a percentage of the blame for the accident to each party. For example, if the judge or jury decided that both the defendant and the injured person were equally at fault, whatever amount was recovered by the injured person would be reduced by 50%.
Damages
Injuries must be real and have caused real losses. Washington does not have a cap on the amount of damages that can be awarded, unlike many other states. Lost wages and medical bills, including estimates of the costs of future medical care, are economic losses that are claimed in most cases. Each case is unique, so there may well be other damages claimed in the case by Personal Injury Attorneys in Kenosha WI.
Compensation
If the defendant has no assets or insurance coverage, there is no reason to pursue a claim. It would be a disservice to the injured person for them to expend their time and energy on a lawsuit that could gain them nothing. The other point to keep in mind regarding compensation for the victim is that an insurance company will often rush in with an early settlement offer that is far lower than is deserved. This is why it is always a bad idea for an accident victim to accept a settlement offer without discussing it with an attorney.
Schoone Leuck Kelley Pitts & Pitts SC are experienced personal injury attorneys in Kenosha WI. They have been fighting for their client’s legal rights to fair compensation for over 20 years. Schedule a free initial consultation today to discuss your case.
