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Personal Injury

What Are the Grounds for a Personal Injury Lawsuit in Port Orchard, Washington?

By September 23, 2024November 4th, 2024No Comments5 min read

In 2022, 42,514 fatal car accidents were recorded in the U.S. Dog bite claims also rose to 19,062 in 2023 from 17,597 in 2022, according to the American Veterinary Medical Association (AVMA). Additionally, 7,522 pedestrian deaths were reported in 2022, according to the Insurance Institute for Highway Safety (IIHS). 

These statistics indicate that personal injuries from vehicular accidents, dog bites, and pedestrian incidents remain a serious concern, highlighting the importance of understanding your legal rights.

Have you been injured by a car accident, dog bite, or slip-and-fall? At LaCross & Murphy, we have dedicated personal injury lawyers in Kitsap County, Washington, who will share information with you on how to file a personal injury lawsuit.

What is a Personal Injury?

According to Washington state law, a personal injury can result from a wide range of causes. These injuries are often the result of accidents or negligent behavior, and they can significantly impact the lives of victims. Common causes cited for personal injuries include:

  • Motor Vehicle Collisions: Accidents involving cars, trucks, motorcycles, and other vehicles.
  • Animal Bites: Injuries caused by dog bites or attacks from other animals.
  • Medical Malpractice: Harm resulting from the negligence of healthcare professionals.
  • Defective Products: Injuries caused by faulty or unsafe products.
  • Workplace Accidents: Incidents that occur in the workplace, such as slips, falls, or exposure to hazardous conditions.

Personal injuries can be physical, mental, or emotional. These injuries often have a domino effect, causing damage in multiple areas of a victim’s life and requiring years of treatment. It’s essential to understand that personal injury cases are handled in civil court, where victims seek compensation for their losses.

Understanding Negligence and Contributory Fault

Personal injury cases are typically based on the concept of negligence. In legal terms, negligence is “failure to exercise the level of care expected of a reasonably prudent person under similar circumstances.” 

In other words, if someone fails to act responsibly and their actions cause harm to another person, they may be considered negligent. Some common examples of negligence include:

  • Running a Stop Sign: Ignoring traffic signals and causing an accident.
  • Fire Safety and Building Code Violations: Failing to adhere to safety regulations, leading to injuries.
  • Failure to Control a Pet: Not restraining a dog or other animal, resulting in an attack.

In Washington state, the concept of comparative negligence applies, as outlined in RCW 4.22.005. This statute allows victims to recover damages even if they are partially at fault, as long as their share of fault is less than 50%. 

Sometimes, a personal injury involves contributory fault, in which the victim bears partial responsibility for the accident. For example, a pedestrian might be partially at fault if they were jaywalking when struck by a vehicle. However, contributory fault does not nullify your right to file a claim and recover damages.

Types of Damages

When filing a personal injury lawsuit, you may be entitled to various types of damages, depending on the specifics of your case. These damages are meant to compensate you for your losses and can include the following:

  • Compensatory Damages: These are specific amounts that cover tangible expenses, such as:
    • Medical Bills: Costs for hospital stays, surgeries, medication, and ongoing treatment.
    • Lost Wages: Compensation for income lost due to the inability to work.
    • Property Damage: Costs for repairing or replacing damaged property, such as a vehicle.
  • General Damages: These are non-economic damages awarded for intangible consequences, including:
    • Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
    • Loss of Enjoyment of Life: Damages for the impact on your quality of life and ability to enjoy activities.
    • Emotional Distress: Compensation for anxiety, depression, or other emotional issues resulting from the injury.
  • Punitive Damages: These are awarded in cases where the defendant’s actions were particularly reckless or malicious. Punitive damages serve as a deterrent to prevent similar negligence in the future.

It’s important to be aware of the statute of limitations for personal injury claims in Washington state. According to RCW 4.16.080, you generally have three years from the date of the injury to file a lawsuit. This time limit is crucial, as failing to file within this period can result in losing your right to seek compensation. Prompt legal action through the help of a reliable personal injury attorney ensures that evidence is preserved, and your rights are protected.

Contact Our LaCross & Murphy Personal Injury Attorneys Today

Have you been involved in an accident? Are you suffering from injuries due to someone else’s negligence? Let our personal injury attorneys in Kitsap County, Washington fight for your rights. 

At LaCross & Murphy, we have an extensive experience in providing compassionate and professional legal representation for personal injuries cases in Washington. Our goal is to guide you in getting the justice and compensation you deserve, and we are committed to holding the responsible parties accountable for their actions. 

Contact us today at (360)-447-9365 to learn more about how we can assist you with your personal injury case.