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What are the three elements of a good personal injury
claim?
Can I sue my employer when I am hurt at work in Washington?
How soon after I get injured should I consult an attorney?
Do I have to pay for my initial personal injury consultation
with an attorney?
What is a contingent fee?
What should I bring to my initial consultation with
an attorney?
What are the three elements of a good personal injury
claim?
The three elements of a good personal injury claim are
negligence or fault on the part of the Defendant, resulting
damages to the Plaintiff, and collectability of the claim
from insurance or assets of the Defendant.
Can I sue my employer when I am hurt at work in Washington?
Usually, an employee injured on the job in Washington
cannot directly sue the employer. The employee is entitled
to receive worker's compensation, which may include
payment of medical expenses, payment of a portion of
lost wages, payment for any permanent disability that
results from the accident, and retraining options such
as college tuition payments.
Washington courts have held than an employee cannot
sue the employer unless the employer intended that the
employee be injured. Negligence of the employer - such
as failing to train another employee to handle a forklift
or failing to properly securing a handrail - does not
give the employee a claim against the employer. Instead,
the employee receives worker's compensation benefits.
This "trade off" - worker's compensation instead
of a lawsuit against the employer- is very important,
because the employee cannot turn to the employer expecting
additional compensation. This means that the worker's
compensation claim must be thorough and correct. An employee
and his or her attorney should be sure that time loss
payments are properly calculated, that the medical examinations
are completed in a fair manner, and that the disability
payment is correct.
How soon after I get injured should I consult an attorney?
If you believe you have been seriously injured you should
call as soon as possible to schedule your initial consultation
so that the attorney can arrange to have an investigator
interview the witnesses, take appropriate pictures,
and safeguard relevant evidence.
Do I have to pay for my initial personal injury consultation
with an attorney?
No. At the end of your first consultation, fee arrangements
for future work will be discussed. Most cases are handled
on a 33 1/3% contingent fee basis so that when a recovery
is made, 66 2/3% of the net recovery goes to you and
33 1/3% of the net recovery goes to the attorney.
What is a contingent fee?
A contingent fee has been called the working man’s
key to the courthouse. You agree to pay a percentage
of the amount your attorney obtains for you in exchange
for the legal representation and expertise of your attorney.
This is paid from the proceeds of the settlement, so
you do not have to pay any money out of your own pocket
to get aggressive protection of your rights. If there
is no recovery, there is no attorney fee.
What should I bring to my initial consultation with
an attorney?
You should bring a copy of the Uniform Traffic Collision
Report you filed and a sketch of the accident scene.
You should also bring all the medical information and
documentation you have such as a copy of the hospital
emergency room outpatient/emergency records, any other
hospital or doctor records or reports which you have.
Also bring any pictures you have of your injuries, the
accident scene, and of your automobile if it was damaged
in any way in the accident. Lastly bring any bills or
receipts for out of pocket expenses incurred or paid
such as for prescriptions, braces, crutches, etc.
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